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i CITY OF CARLSBAD i Minutes of: CITY COUNCIL (dsgular Meeting) ! '\ '%\,, 'x, '*,888 2 : Date of Meeting: February 21, 1961 : Na me '\\, '89, '8 '89 1 Time of Meeting: 7: 00 P. M. : Place of Meeting: Council Chambers
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I""""""""""" """""""""""""""--"""""""""""""""""""""""", 1 Member \08,0s,p~ ! ! !*I: : ROLL CALL was answered by Councilmen Guevara, i Bierce, Sonneman, McPherson and La itoche. Also : present were City Manager Slater and City Attorney Hayed.
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i ALLEGIANCE to the Flag was given by the Council. I 11;
: INVOCATION was offered by Councilman Bierce.
i APPftOVAL OF MINUTES:
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I 1961, were approved as corrected. : Bierce l :x: I :*
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l a. Minutes of the regular meeting of February 7, i Guevara : i : $
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I 1 I 1 I a. Letter dated February 15, 1.961, from Mortime: : D. Bondy and Ruth A. Bondy, requesting the City Council: i to initiate a Resolution of htention to rezone a~ proper- i : ties facing the easterly side of pi0 Pic0 Dr. from the : I southerly boundary of Elm Ave. to the Northerly boundari i of Palm Ave., from zone R-1 to Et-3. They stated their ! ; reason for requesting the Council to initiate this action : i was due to the fact that previously the property owners i : had submitted a filing fee when the property was in a I t i potential 8-3 zoning, which was recently removed from I : the zoning map. Further, this letter was written with ! i the knowledge and support of the other property owners i : in the area. By motion of the Council it was agreed that : i this mattes be referred to the Planning Commission for i : study and recommendation as to the most feasible bound- : i ary for this R-3 zoning of the properties facing on Pio i : Pic0 Dr. , from the southerly boundary of Elm Ave. to : i the northerly boundary of Palm Ave. I I
i Club of Carlsbad, Inc., requesting the Council to give i ; consideration to the installation of a street light at the ; I intersection of Oak Ave. and Tyler Street. The City : Manager infor@%$ the Council the City had 16 lights in- ! i installed this4 and felt this request could be taken care of: : this fiscal year. I I
1 4 L I I b. Letter dated February 3, 1961, from the Boys' i
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c. Woman's Club of Carlsbad. I I 8 I I
(I) Sale of property owned by the Woman's : Club. Letter dated February 6, 1961 from-ke-an's 41ub ?%%i of Carlsbad, stating in accordance with their agree-: ment with the City of Carlsbad dated July 1, 1955, in the i event the Woman's Club desired to sell the land acquired ; under said agreement, the Woman's Club is obligated to i first offer to sell said parcel to the City. The Club is ; now desirous of selling this parcel of land and the sales : price is $7500, The Mayor stated she felt this would take
considerable study, and she would like to appoint a corn- ; mittee consisting of the City Manager, Finance Director,!
Cmn. Guevara and herself, to study this matter. 1 8 I I
( 2) Waiver of fiting fee for Conational Use Permit; Letter dated fi'ebruary 1, 1961 from the Woman's Club i of Carlsbad, requesting the Council to waive the $50.00 : filing fee required for a Conditional Use Permit. The i City Attorney advised the Council the only way in which : the Council could waive this fee would be to initiate a i Resolution of Intention to amend the ordinance to allow : this use in an R-l Zone.
MRS. CAiZOL GRANGER, respresenting the Woman's ; Club, stated the property they wished to acquire was in i
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i escrow and the sale was contingent upon their being I i granted this use.
f I ~ i The Council deferred the matter until later on the Agenda : i when it would be discussed under Planning matters. I I
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I I d. Letter dated February 3, 1961, from William Wi i Taylor, Jr., Real Estate Broker, 2520 Ocean Blvd., : Corona del Mar, stating it was his understanding within i i the near future the Council may consider selling the : Cdfaveras Reservoir and surrounding property, and if i I the City is contemplating such a move, he would like the i
I opportunity to negotiate €or the property. The City I i Manager was instructed to write Mr. Taylor and inform ! i him that at the present time there is nothing that would f : indicate the City selling the property,
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I ! i ORAL COMMUNICATIONS:
I 1, There were no oral communications. I I ! PUBLIC HEARINGS: '7: 30 P. M.
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I I I I I I I I I I I I I I a. Vacation of a portion of Oak Avenue. The Mayo( i announced this was the time and place set for the hearing 1 : on the vacation of a portion of Oak Avenue, in accordance i I with Resolution No. 719, initiated by the City Council on : i February 7, 196 1. Affidavit of Publication was presented! : for the Council's review. A plat of the street was pre- i i sented for the Councilts consideration. I I
I The Mayor announced the Council would hear from all i
; persons desiring to speak in favor of this proposed street I i vacation. There were no persons present desiring to be ; : heard.
: The Mayor announced the Council would now hear from : i all persons desiring to speak in opposition to this proposeb f street vacation. There were no persons desiring to spea I in opposition.
I The Mayor declared the hearing closed at 7: 39 P. M.
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,!I1 i After consideration by the Council, the City Attorney pre-: i sented the following resolution for the Council's review: i :ii:
: Res. #723. A 3ESOLUTION OF THE CITY OF i m FINDING A PORTION OF OAK AVENUE f : UNNECESSARY FUR PRESENT Q3 PROSPECTIVE i PTJBLIC STREET PURPOSES; VACATING SUCH POR- i Guevara : : :xi i TION OF OAK AVENUE; AND OKDEHING CLEBK TO : Bierce :x: i XI : ItECOjtZD A CERTIFIED COPY HEiiEOF WITH THE : Sonneman ; i :x: i COUNTY RECOkZDER OF SAN DIEGQ COUNTY was i McPhersoni ; !x! : adopted by title only and further reading waived. I La Roche ; jx:x:
: ENGINEERING:
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I a. Accepting the work for the improvelment of * 1 :;:: i Chestnut Ave. for the cash portion of tfhe contract. The : ::I:
t En- was infordfie-work on Chestnut Avenue I ::::
;*I; I had been completed, and according to the cash portion of : ii:: I the contract the adoption of a resolution accepting the work l8::
; was necessary. The following resolution was prssented : I:,,
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lution No. 724, A RESOLUTION OF THE CITY i Guevara ; i : 2 :I;'
NCTL ACCEPTING THE RORK ON CHESTNUT i Bierce !xi i 4 i AVENUE UNDER THE CASH PORTION OF TE-IE CON- : Sonneman ; ; i x ; TRACT, was adopted by title only and further reading 1 McPhersoni ;x; + : waived. i La Roche ; i : y
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I. a I ! PLANNING:
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I l a. Res. #195 of the Planning Commission, recom- i i mending the adoption of an ordinance granting the Carlsbag : Woman's Club a Conditional Use Permit on certain proper? i z. Res. #I95 of the Planning Commission was reviewed, i : wherein they recommended the Council adopt an ordinance: i amending Ordinance No. 9060 to allow a coiditional use i I permit on certain property, for the use of a clubhouse for: i the Carlsbad Woman's Club in an R-1 Zone, as private i ! clubs are a permitted use in an 8-P zone only, and there ; i is no property zoned R-P within the City of Carlsbad that i : is suitable for the use and type .of structure that the I i Woman's club anticipates.
i The Council asked if there were any protests at the meet- i i ing of the Planning Commission, and the Secretary of the : ; Planning Commission stated there were. Their concern /
f was the rental of the building for evening entertainment, :
i MAS. KAY CWRISTIANSEN, one of the members of the : : Woman's Club, stated they have been trying to purchase i i property within the required zone, but have been unsuccesb- ; ful. It is their feeling the Location of the clubhouse in this! i area should not be detri mental to the surrounding propert? : owners, due to the high school being located on the oppo- 8 i site side of the street and the fact that there is it-3 zoning: : in the immediate vicinity. They anticipate a building of ; I approximately 3000 sq. ft. The lot is approximately 11 0 i : foot frontage, and covers almost one acre. It is their : i understanding that should the Woman's Club abandon this i : property the property would automatically revert back to : : 8-1 zoning.
i The City Attorney suggested the matter be referred to the i i Planning Secretary and the City Attorney for study and : : she would have the necessary documents prepared for the i i next meeting. I 1
i A short recess was called at 7:50 Po M. The meeting re- ; : convened at 8~08. I I
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I I I : OLD BUSINESS: I I I I I
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I a. Board of Library Trustees. The City Attorney i ! informed the Council she had met with the Library Com- : I mission last week. Due to the fact there have bein some I i changes requested a new draft was made of the ordinance, :
i The City Attorney presented the new draft for the Council'b I consideration. Clarification was made on some sections I
INSERT: ; of the ordinance, The City Manager and Director of I I i Finance were asked if they approved of the present form : : and they indicated they did. The Chairman of the Library! I Commission was asked if the new draft met with the Corn-: I mission's approval and Mrs. Strause stated they approved : of the present form. The following ordinance was pre- i : sented for a first reading: I ! b I
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rdinance No. 1072. AN ORDINANCE OF THE CITY 1 Guevara k i Ixi CAMLSi3AD ESTABLISHING A BOARD OF LIBBARY: Bierce I fXSI : TRUSTEES, was given a first reading. i Sonneman i I !x!
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I I a I I I I b. Second reading of Ordinance #9112, reclassifyind : certain property from zone R-3 to zone C-2 - guilar i i pTy." The following ordinance was presentd for a ;
l secon reading by the Council: I I
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I I : The Council requests that an insert be made as follows: i
a I I ; n That the last sentence be deleted from Section 23". * I
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I 2 ;::; :i; i Ordinance No, 91 12. AN OADINANCE OF THE CITY OF Guevara ; ;x: x B i CAaLSBAD AMENDING OFtDINANCE NO, 9060, i Bierce :x: ;5 : CHANGING CERTAIN PROPERTY FROM ZONE 3-3 TCI Sonneman : I : x: i ZONE C-2 IN THE CITY OF CARLSBAD, was adopted i McPherson! : i XI : by title only and further reading waived. i La i3oche :: [ f x:
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t I C. Second reading of Ordinance No, 91 13, reclass-; i i uying certain property from Zone 3-1 to Zone A-3 - I I i Pharr and Rahle property, The following ordinance was i : presented for a second reading: I I I 1 I 1
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! Ordinance No. 9 11 3. AN ORDINANCE OF TE-IE CITY OB Guevara !x : ; xi I;:*
i -ING ORDINANCE NO. 9060, : Bierce ; ;x: x:
i ZONE 3-1 TO ZONE it-3, IN THE CITY OF CARLSBA!D,McPhersoi i :x: : was adopted by title only and further reading waived. : La Roche : : ;x:
: CHANGING CERTAIN DESIGNATED PMIPERTY FROM i Sonneman : ; I X!
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< d. Second reading of Ordinance No, 1071, amend- : I:,: i ing Ordinance No, 1060-A, Section 3, relating to planting i ;::I
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; of street trees. The following ordinance was presented : :::; i for a second reading: ::!I
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1::; i Ordinance No. 1071, AN OfiDINANCE OF THE CITY 09 :*#I 1:;s : Guevara i : :xi i SECTION 3, RELATING TO THE PLANTING OF I Bierce $ ;xi : STREET TdEES, SHEtUBS, ETC., OBSTNJCTING THE : Sonneman 4 : :x; 'r VIEW OF VIEW LOTS, was adopted by title only and I McPherson i i :XI i further reading waived. : La iZoche i ;x ;x;
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+ 1 AitLSB-DING OaDINANCE NQ. 1060-A,
I I I I l e. Ordinance No. 4002, amending Ord. No. 4001, I ; and adding to said ordinance regarding certain charges : i for water services. The City Attorney informed the : council at the last meeting a first reading was given i Ordinance No. 4002, however, sinee that time the Direct* : of Finance has requested some changes, therefore, it will: i necessitate a first reading. The following ordinance was i : presented for a first reading: * 1
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a! ! Ordnance NO, 4002. AN ORDINANCE OF THE CITY O$ :;I 4:
: CARLSB MENDING ORDINANCE NO. 4001, BY I 11;;
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: ADDING ATDO ASAID ORDINANCE 8IEX;ARDmG ExCHANGi ::(:
i OF WATER METERS, EXCHANGE OF SElZVICES AND i :I;;
i dELOCATION OF SERVICE AND LOAN METERS; I ::::
I :::; i FUaTHER PROVIDING A METI-IOD OF INSTALLING A i ::I; i WATER MAIN EXTENSION, REQUIaING THE FAYMEXF Guevara ; :x:": :I1
: OF THE COST BY THE BENEFITED P&QPERTY ; Bierce ; 1 :x;
: TO BE IMPOSED FOR THE CONNECTION TO THE ; McPhersorixj :xi i WATER SYSTEM, Was given a first reading. i La Roche ! I !x; . ::!:
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I OWNERS, AND FIXING rm SCHEDULE OF CXABGES i Sonneman I i !XI
I 1 I i NEW BUSINESS:
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:;*I : :!:; i The City Attorney informed the Council at the last meetin4 : she was instructed to prepare an amendment to Ordinance: ;: 3 No. 7020, providing all capital contribution charges to be i f.'place.d in the "Sanitation Fund". The following ordinance : ::if i was presented for 'the 'Council's review:
I Ordinance No. 7028. AN ORDINANCE OF THE CITY i Guevara ; ; :x: i OF CARLSBAD AMENDING ORDINANCE NO. 7020, I Bierce b i :xi : SECTION 8, PROVIDING ALL CAPITAL CONTRIE3UTIQl$ Sonneman : : :xi i CHAJ3GES SHALL BE PLACED IN THE %ANITATION I McPherso4 ?!x; ; FUND", was given a first reading. : La Roche i ; !x;
I :::; : The Council was advised an ordinance had been prepared i :::: i for their consideration increasing the speed limit on I I ;::I
; Chestnut Ave, from 25 mph to 35 rnph, from Pi0 Pic0 I 111: :::: i Drive to Monroe Street. The following ordinance was I 4:;
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(1.1 ! t !i;! I Ordinance No. 3044. AN ORDINANCE OF THE CITY i ;'ii ! OF CARLSBAD AMENDING ORDINANCE NO. 3027, ::I1 0 : SECTIQN 2, BY ADDING SUBSECTION (d), INCREAS- / Guevara : !x !x i ;;'I II
: ING P3IMA FACIE SPEED LIMIT ON CHESTNUT : Bierce {xi :x; f AVENUE TO THIBTY-FIVE MILES PER HQUR BE- i Sonneman : : :X; i TWEEN PI0 PIC0 DRIVE AND MONi3OE STREET, t McPherson I : :x; : was given a first reading by the Council. i La Roche : i !xi
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I I I I : CITY ATTORNEY'S REPORT
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I.!# J : The City Attorney reported she had attended the last i meeting of the Planning Commission and also met with i I members of the Library Cornmission this past week. I I ; There was a meeting of the City Attorney's in the County i i this past week in which they discussed the proposed rate : : increase of the San Diego Gas and Electric Company, I
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I I 1 i Condemnation suit on Long property. A pretrial date i ! hhDeDartment 9 of 1 I i Superior Court. The City Attorney siated she had written! i the attorney for the Longs, and requested a copy of their : ; appraisal report, but has not received an answer as yet, i * ! I I
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I : La oon lease. Negotiations are continuing for the lease i ; on t e agoon, a"--
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I ! .!#I i CITY MANAGE&% REPOrZT
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I I 1 I : i Condemnation suit of sewer easement along Buena Vista I : Creek The City of Oceanside has commenced a con- I i dtim suit for the purpose of obtaining right-of-way ! : easements for a sewer transmission line along the Buena ; i Vista Creek; as the City of Carlsbad is negotiating for a i I joint powers agreement for sewer facilities jointly with ; : Vista, they will need properties for the purpose of laying i i sewer lines. it was felt that sufficient property could be : : obtained that would benefit both Oceanside and the Carls- i i bad - Vista sewer lines, and because of this, the City of ; : Oceanside has requested that we join in this suit.
t The City Attorney stated she had talked with Mr. Dale I i Austin, City Attorney for Oceanside. The County is : willing to cooperate in this matter, She was asked to be 1 i special counsel, but declined. Mrs. Hayes suggested : : that the City of Carlsbad join in this suit. I I
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I : After consideration by the Council, by motion of the I Guevara : :xi x: i Council the City Attorney was instructed to investigate : Bierce i i ;x; i as to the costs and obligations to the City of Carlsbad, in i Sonneman : ; i x: : the event they would join in this suit, and report back to : McPherson i : :xi : the Council at the next meeting. i La Roche :x; ;xi
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, I i Employment of City Engineer. The City Manager inform; : ed the Council a City Sngineer had been employed, and i i would report for work on or before April 1, 1961,
1 Gas contract. The Council was informed that a contract : : had been entered into with the County and the Standard i i Oil Company for the coming year.
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l!II I t -1 I Special Events. In December, 1960, Whitey's Boat 1 1 :It: ;tl;
: Landing requested a special event for Drag Boat Races i I:* :: I for one of the three week-ends following Easter Sunday. : Guevara : 'x; xi t A letter was received February 3, 1961, requesting the I Bierce ;: ,x; : x: i week-end of April 29th and 30th for this event. By motiod Sonneman i : ;xi i of the Council the dates of April 29th and 30th were i McPherson: : :x: : allowed for the Drag Boat Races without mufflers. i La Roche : ' I ; xi ;: *!:!
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I I ! i Letter dated January 27, 1961 from the Carlsbad Boat : : and Ski Club for two special events. The first request i ! for a novice water ski meet on April 16, 1961, to include :
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I :'I; ,!I& I exclusive control of the west end of the lagoon for the one I ; day period, Discussion was given as to the exclusive con: :::I $1 i trol of the west end of the lagoon, and it was the feeling I Guevara i : : x: : of the Council they should present a definite pattern of ; Bierce :x: ;x: i the area, By motion of the Council the date of April 16, : Sonneman : : : x: ; 1961, was allowed for a one day novice water ski meet by! McPherson! ; ; X: I the Carlsbad Boat & Fki Club. i La Roche i !x: xi
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1 1 I I i The second request by the Carlsbad Boat & Ski Club was I : made for September 23rd and 24th to conduct the I I I California State Water Ski Championships to be held at I I Whitey's Landing. It was pointed out to the Council that ; i previously the Council adopted a policy that no special i : events would be. held from June 1st through October of : i each year. The City Manager was instructed to check on i : this policy and inform the Carlsbad Boat & Ski Club as to ; i the dates available, 1 & t I t I
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l!II i Proposed legislation, In the bulletin issued by the I I ;;:;
i League of California Cities there is proposed legislation, I :;:I
: AB 521, which would exempt certain medical items from i :"I 1:'I i sales tax. Last year this matter was brwght up and the I :I::
,Ill : Council went on record as opposing this bill. The City i :i:: i Manager recommended the Council go on record as : Guevara 1 : j x! I('*
: opposing this bill again. By motion of the Council the i Bierce ' : :* i Council went on record as opposing AB 521, and the City I Sonneman I ; : xi :It
I Manager instructed to notify the proper authorities of the ; McPhersoni !xi X:
; Council's action. ! La i-toche !xi ; x!
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I Also in the same bulletin of the League of California i Cities there is also a notice of proposed legislation re- : : garding streets and highways. The City Manager asked i i that the Council members review this item and that it be ; : discussed at another meeting of the Council. I t
! Letter dated February 14, 1961 from the President of the i I Carlsbad Chamber of Commerce, in which he enclosed : ; two letters from the Carlsbad Hardware and the Carlsbadi j Appliance Store, in answer to remarks made by some of i : the Council members in connection with the Carlsbad I i merchants. Both letters were read to the Council. Mayo". : Sonneman, Cmn. La aoche and Cmn, Guevara stated thek i still did not feel that a parking district was the solution I : to the downtown business area. I !
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I i RATIFICATION OF BILLS AND PAYROLL:
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I 1;t: ! !#I! i itatification of the bills was given for the general expense4 ; of the City in the amount of $35,645.95 and for the Water i Guevara !xi : IT' I Department in the amount of $2, 396.31, for the period ; Bierce I :x+ ; February 7, 1961 to February 21, 1961, as certified by i Sonneman i I : ~ i the Director of Finance and approved by the Auditing ; McPhersonj : id ; Committee. : La Roche 8 ; : 4
: Ratification of the payroll was given in the amount of i Guevara : : i 2 i $1 3,180,95 for the first half of February, 1961, as : Bierce : : Id : certified by the Director of Finance and approved by the i Sonneman I ; I q
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i Auditing Committee. ; McPhersonjx: ; $
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i ADJOURNMENT:
/ By proper motion the meeting was adjourned at 9: 45 P, M.!
i Respectfulky submitted,
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