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-1 : Minutes of: CLTY COUNCIL (Regular Meeting) I Date of Meeting: March 21; 1961 ; Time of Meeting: 7:OO P.M, i of' '*&ii ',& d'.p'4#'. 8, 'p, ! ("""""""""" Place of Meeting """"""""~~"""""""""--""""""""~"~"~"""""" : Council Chambers : Member @@.&?4 ""t"
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I ! !!I*' t i ROLL CALL was answered by Councilmen Guevara, Bierce, ; Sonneman, Mefherson and La Roche, Also present were City i i Manager Slater and City Attorney Hayes. I I
: ALLEGIANCE TO the Flag was given.
I INVOCATION was offered by Rev. Andrew D. Milstead.
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: APPi3OVkt OF MIMUTdS:
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r 1 a. Minutes of the regular meeting of Mar@ 7, 1961 i t were approved as corrected.
i CORRESPONDENCE :
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I I t I t a. Letter dated March 20, 1961 from the Carlsbad I i Chamber of Conanerce stating that at the regular meeting of I ; the Board of Directors held March 14, 1961, they resolved i i to lend their full support toward the City's effort to de- : i Clare the waters navigable on the Agua Hedionda Lagoon. i
i Chamber of Commerce Sign Cmittse, requesting permission 1 i to erect two billboard directory signs for the various I +
{ service clubs, one to be located on Carlsbad Blvd. at the :, i north entrance to the City, approximately 500 feet south t ; of the City boundary sign on the west side of the boule- i : vard, and the other sign to be erected at the south en- ; i trance to the city, approximately 300 feet north of the i : intersection of Carlsbad Blvd, and Highway 101. A pro- ; i posed design of the sign was presented for the c'ouncilvs i ' i review. After discussion by the Council it was their 8 I ; opinion that the sign should be larger and of better de- i I sign. By motion of the Council it was agreed that the 1 I ; Carlsbad Chamber of Commerce be granted permission to erec4 i the two directory signs for service clubs, and they be re- : ; quested to have the sign larger and of better designb
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I bo Letter dated March 14, 1961 from the Carlsbad 1
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I I I I * C. Letter dated March 11, 1961 from Emily M. Walk& i i 2643 Ocean Ave., submitting a claim for damage to a matti ; ; ress on their S4anmons Hide-a-bed, caused by a sewer stop- i i age on Oceqn Ave. By motion of the Council the claim was ; : denied and the matter referred to the insurance carrier. I
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I d. Letter dated May 9, 1961, from the Southern Caii- i i fornia Regional Association of County Supervi,sors regard- ': : fng the inequitable distribution of State Highwy Construb i i ction Funds. A resolution was adopted by the Association : : urging a reviesfon of the so-called Mayor-Bree'd F6rmula i i to provide & minimum 6f 6OZ df the State Highway Construc; : ; tion Funds to the Southern Cobnkies as compared to 55% i i currently allocated. The resoiution also urged all South- i i ern Counties and municipagities to support such revision ; ; as proposed in Assembly Bill 1320, by adopting a similar : ; resolution. The following resolution was presented for th< : Council's review: I I
: ,Resolution No. 732. A RESOLUTION OF THE CITY COUNCIL OF i i THE CITY OF CA-RLSBAD, SHDORSING A LEGISLATIVE PROGRAM TO I i ANEM) 'THE hAYO-BREED FO-PMULA AS PROPOSED IN ASS&BLY BILL ; ; 1320, was adopted by title only and further reading waived{
; Mayor Sonneman read a letter received by her from Cmn. La-! i Roche, tendering his resignation from the Council effective : as of Arril 1, 1961, due to business reasons. By a uno i I animus vote of the other four members of the Council Cmn.: : La Roche's resignation was not accepted.
: Cmn. La Roche expressed his appreciation for the vote of i ! confidence given him by the members of the Council, and if I ; the members were willing to accept him under the conditio*
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! set forth in his letter, he would withdraw his resignation:
f ORAL COP&lUNlCATIONS :
: MR. HOWARD YARBROUGH, a member of the Carlsbad Boat and i i Ski Club, stated a letter had been submitted to the Court- i r cil too late for the meeting this evening, and requested : ; permission to read the letter at this time, Pk. Yarbrough: I was granted permission by the Council.
: The letter stated that they had previously requested the ; i dates of September 23rd and 24th for use of the lagoon to i : conduct the California State Water Ski Championship meet. ; :::, { They were informed the Council had set a policy whereby I i no special events would be granted from 3une 1st through ; ; October of each year. Due to the fact the national sane- I I::# i tion for water ski championships has been granted to Carls.1
; bad, they requested that they be granted permission to holg Guevara ; : :Xi I 1)
i this event OR September 23rd and 21th. After consideratioft Bierce ix i :x i ; by the Council, by motion of the Council, it was agreed ; 1 Sonneman I I :X, i that an exception would be made to the Council's policy in I McPherson i !X !X i
; this instance, and that the dates of September 23rd and ; 4 La Roche ; i :X: i 24th be allowed for this special event.
i PUBLIC HEAilINGS:
i to grant a Conditional Use Permit to the Carlsbad Union i I church. The hearing was opened by the Mayor's announcement i ; that the hour of 7:30 P.M. having arrived, this was the : ;::I : time and plece fixed €or the hearing of protests, object-: i ions or appeals in respect of the Appeal of the decision i i of the Planning Commission to grant e Conditional Use ; Permit to the Carlsbad Union Church.
i The Clerk certified as to proper notice having been given. :
i The Mayor asked the Clerk to present all written corres- i i pondence that had been received. The following letters : ; were presented: I
I Letter dated March 21, 1961 from Mr. and Mrs. Wm. Black- i : burn, stating they were forced to move from the apartments : i owned by Mr. and Mrs. Johnson due to the noise caused by i 1 the basketball court. I $1:
i Letter dated March 20, 1961,from Charles R. Holmes sta,ting i : they are tenants of Mr. and Mrs. Johnson, and wished to ; i protest any recreational area next door to their apartment,': I:'::
i The Mayor stated the Council would first hear from the i : appellants. t I I:::
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I A. Appeal of the decision of the Planning Commission i :::; i!i: ;:::
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! Mrs. ELI P. JOHNSON, one of the appellants, read a state- i i ment of pretest (which is on file in the office of the City! : Clerk), in which she protested having the property adjoin; .. i ing their property used for recreational purposes because { :,'I l'(1 : of her tenants, and the income derived from these rentals : 11': i is their only livelihood.
!AS there were no other persons desiring to speak against i 4;: : this matter, the Mayor announced the Council would now I hear from all persons wishing to speak in favor.
: REVdRAND BROKENSHIRE, representing the Carlsbad Union
#Church, explained the reasons for the church making this i i request, and pointed out this was part of the program of ;
!the church to try and meet the needs of the comnity.
:Mr. GALE NEEDHAM, 2027 Charleen Circle, addressed the
!Council in favor of this Conditional Use Permit for the {
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I he stated they lived across from the highschool ; ;'I f
: Church,/but the noise does not bother them. The improve- t *::I1 i ments' are to be paid for by the members of the Church and i 1 they want this recreational program for the children, I 1 I::;,
i MR. THCFWS CRENSHAW, 3334 Terrace Lane, Oceanside, add- ; ressed the Council in favor of the Conditional Use Permit,: ;i;:: : as the Church has long outgrown the Patio €or recreational; ;;I:: I:: : purposes.
: MR. GARTH MILLER, 306 Olive, Carlsbad, addressed the I Council in favor of this Conditional Use Permit, as he : felt that if the Church can guide children along the right i i channels, we have gone a long way in achieving our goal. : ::p:
I *I I MRS. ELI P. JCHNSCN, stated they were opposing this play- i :::I: : ground in order to protect their livelihood, and felt i there were already sufficient playgrounds in the area for I ; the children. I I :::I: I:#
i The Mayor declared the hearing closed at 8:lO P.M.
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I 4 I : Discussion was held by the Council and it was felt that 1 i if this playground were to be used at night that some re- i : strictions. should be made in granting the Conditional Use : i Permit. Onmotion of the Council it was agreed that the i Guevara : Planning Commission be informed that the City Council con- i ~i~~~~ i curs with the findings of the Planning Commission, with ; sonneman : the exception that any night activity be confined to one i McPherson i night a week, and that the playground lights be turned off ; L~ Roche : by 1O:OO P.M. I I
; A short recess was called at 8:45 P.M. The meeting recon- i i vened at 9:OO P.M. I I
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i PUBLIC HEARINGS (Continued)
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I I b. Removal of all potential zoning from the City of i i Carlsbad's zoning map. The hearing was'opened by the I I : Mayor's announcement that the hour of 7:30 P.M, having 8 I i arrived, this was the time and place fixed for the hearing I i of protests, objections or appeals in respect of the Re- :
:mova1 of all potential zoning from the City of Carlsbad's I i zoning map. I I
:The Clerk certified as to proper notice having been given, ;
:There were no written protests received by the Clerk up to ; i the hour of 7:30 P.M.
i The Mayor declared the hearing open and asked if anyone i :wished to address the Council. I
i There being no response, the Mayor declared the hearing i i closed at 9:05 P.M. I I
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! The City Attorney offered the following resolution €or i reading and adoption:
i Res. 8731 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY i : OF CABLSBAD ANNOUNCING FINDINGS AND DKLSICN ilGGA3DING I i ELIMINATION FROM THE ZONING MAP OF ALL POTENTIAL ZONE
:CLASSIFICATIONS, was adopted by title only and further i reading waived. I I
i The City Attorney presented the following ordinance for a i : first reading: I 1
: Ordinance No, 9114. AN ORDINANCE OF THE CITY OF CARLSBAD ; i AMENDING SECTION 1504 OF ORDINANCE NO. 9060, ELIMINATING i
:FROM THE ZORING MAP ALL POTENTIAL ZONES, was given a first ; I reading.
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; ENGINEERING :
I a, Approval of final map of Bali Hai Terrace subdiv- : : ision. The final map of Bali Hai Terrace subdivision was i I presented for the Council's review. The Engineering i Department advised the Council the map met all of the re- i i quiremerits of .their department, and the City Attorney has I
, ; approved the map as to form. By motion of the Council the i : final map of Bali Hai Terrace Subdivision was approved, : i and the Ctty Clerk instructed to sign the final map on be-! : half of the City of Carlsbad at such time as an improve- : i ment agreement had been enteked into between the City and i : the SubdiLider.
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I 1 I t I 1 I ~ Terrace Subd~vision. The Council was advised the Subdive ' 3ierce
;i:; b, Acce tance of off-site draidage easement -~ali Haii Guevara ' :x; :"" ;x:
I ider is willi~g to give an off-site drainage easement and i 'Omeman i ' 'x'
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! motioil of the Council the off-site drainage eaSementS werei La Roche ' ' '" I
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I t 4 : ii;: i PLANN~NG:
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I I I I I a. Memorandum from the Planning Commission regarding i : a zone charige,of certain properties fronting on,Pio.,Pico i : Drive southerly oE,Elm Ave. and northerly of /Palm &+?.a I * i from Zone R-1 to Zone R-3. Memorandum from the Planning i : Conmission dated March 17, 1961, stating that in accord- :
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I ance with the Council *s request, a study was made of the i : area, and they would like to recommend that certain prop- : i erties be reclassified from Zone 2-1 to Zone ri-3. The i ; Secretary of the Planning Comission was firesent and point; i ed out on the City map the area recommended for reclassifij : cation by the Planning Commission. After due consideratiod i by the douneil the following resolution was presented €or i : the Council's review:
i Resoldtion,.No. 734. A RESOLUTICM OF TiIE CITY CGUNCIL OF : i THE CITY OF CA'ilLSBAD, STATING THEIR INTZNTFON TO II5CLASS- i
i IFY CZRTAIhI PZOPERTZES ON T1-E EASTZRLY SIDE OF PI0 PIC0 :
I TO THZ SOUTH; DIRECTING THE PLANNING COb26ISSION TO HOLD A ! i HEARING TO.COWSIDER THIS CHANGE; AND DIXXTING THE SECRE- i
I TARY OF THE PLANNING COWlISSION TO GIVE NOTICE OF THE i PROPCSED ZqNE CHANGE, was adopted by title only and furthe< i reading waived.
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I DRIVE, BOUNDED BY ELM AVENUE TO THE NORTH AND PALM AVERUE I
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I I 1. I I. I PARKS AND dEC3EATION COPMISSION:
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1 zi6 Appbintment to Parks and Recreation Commission. i i Kith the cohserlt of the Council the Mayor appointed Arthur; : Brown, 5026 Shore Drive, to f i 11 the vacancy on the Parks i
t and Rekcreation Comission, created by the resignation of ;
I Mir. Fred Maerkle . 1
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1 I I I I 1 : LIBRARY: I I l I I
d 8 i Letter from the Library Comission requesting the City i : Couheil to appose Senate Bill 789, concerning State aid fog i Libraries.
i The City Manager stated he had Mrs. Cole, City Librarian, i ; to list the advantages and disadvantages to the City if : i this Bill were adopted, which were presented to the Councit. : Mr. Lowell Richardson, one of the Library Commissioners, : i was present and informed the Council he attended a meeting i : last year in Sacramento in reference to this matter. This ! i is the third year this bill has been presented, and the i : Library Commission has opposed it each time. They do 4 t i not feel it will be of any advantage to the small librarPe4,
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I due to the restrictions. After due consideration by the i
Council the following resolution was presented for the I
Council's review:
Resolution No. 733. A RESOLUTION OF THE CITY CCUNCIL OF :
THE CITY OF CARLSBAD, OPPOSING SENATE BILL NO. 789, CON- i
CERNING STATE AID FOR LIBUiXIES, was adopted by title only:
and further reading waived,
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CITY ATTORNEY'S REPOKT: I 8 i I I
Agua Hedionda -Lagqon waters. The City Attorney advised the!
Council she wdFlSacramento this past weekend; she immed- i
iately contacted Assemblyman Hegland and Senator Fisher; ;
copies of documents and pictures were presented for Sena- i
tor Fisher and his Executive Secretary to review. Senator f
Fisher stated he would be mcst happy to introduce a bill i
declaring the waters of the Agua Hedionda navigable. I I
Assemblyman Hegland, Jack Schrade and Jim Mills will be i
co-authors of the bill. This bill will be introduced I I
this week, and will probably go before the Natural Re'sour-I
ces Committee of the Senate. Senator Fisher urged thkt ;
we get as much evidence as possible as to use of the la- i
goon for recreational purposes. I I
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I,!! I I I I : The City Attorney requested the Council's permission to : I have a bill introduced to lease fbr the City the State's i : tidelands, which would include the waters of the kgua I I i Hedionda Lagoon, and in addition the tidelands along the I
! beach south of the California State Beach. This bill I I i would be introduced in the ksserrtblyi By common consent of: : the Council the City Attorney vas granted permission to : i have this bill introduced in the Assembly. I I I
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* I I I i Discussion was given as to the hiting of a Legislative i
i Advocate. Nr. Zweibach, former executive secretary to ; i Lt. Governor Glenri Anderson, was contacted and he is I : willing to act in this capacity for a fee of $2,500,00. i i The City Attorney further stated she would like to be preci
j sent at various times as Mr. Zweibach 4s not an attorney. :
i Cmn Bierce stated he felt their previous motion gave Mrs. i i Hayes authorization to go to $act&mentd as she saw fit, I : and it was his opinion that we should have a full time : : legislative,advocatei By Eotion bf the Council authoriza-: : tion was given for the employment of Mr. Fred Zweibach as i I Legislative Advocate for the City of Carlsbad, at the fee : : of $2500.001 I I
i The City.Clerk represented the City of Carlsbad at a Plan-! i ning Commission meeting in Oceanside relative to certain i : properties-being reclassified for a proposed shopping cen-: I ter, in which the CjCp of Carlsbad has primary and second-i
! ary water rights. The City Clerk was present and informed; i the Council that h@ entered a protest on behalf of the Citt : 0% Carlsbakl due to the water rights. The application was ; ; dehiedi It was pointed out to the Council that the City i i of Farlsbad did not receive a formal notice of this hear- : i ing. By common,consent of the Council the City Manager i : was instructed, to,communicate with the City of Oceanside : i requksting th&F the City of Carlsbad be notified of any i : hearings that wobld involve any of the City of Carlsbad's :
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i water rights. I I i State Beaches and Parks. The Council was informed an amend! i merit to AB 800 had been drafted while she was in Sacraa :
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i mento, regarding funds for the Carlsbad State Beach in the: : 1961-62 budget. I I
; Claim for damages. A claim for damages has been received : i from Mrs. Katherine Y. Johnson in the arncunt of $28.55. 1
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4 I B :ii:; i This is in connection with an accident in which one of the i Guevara i :X !X i ~ i City vehicles was involved. The City Attorney recommended i Bierce :Xi F i I that the Claim be denied and referred to the insurance , : Sonneman : : :XI : carrier. By motion of the Council the claim was denied and McPherson i i X i i ordered referred to the insurance carrier. : La Roche ! i p i
! ! '!!I i Joint Powers Agreement. Re: Condemnatiqn of certain prop-! : erties for seier trunk line along the Buena Vista Creek. ;
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:;'I ::I: i Mrs. Hayes informed the Council that Mr. Bruce Smith has i : been appointed a'ttorney for the City of Oceanside and the i ; Vista Sanitation District in this matter, and has prepared: i a Joint Powers Agreement, which includks ithe City of Carlsj ; bad. Mr. Berry, 'from the County Counselis office, feels : i that the Vista Sanitation District and the City of Carlsba<
; should bear a portion of the cost of the easement. Mrs. : i Hayes further stated that if the Council approves this i ; joint agreement, authorization should be given for the i City Nanager to execute the agreement on behalf of the i
i City, however, as she just received the agreement this L I i evening, would like to have further time to s$udy it, By i I motion of the Council the City Manager was authorized to ; i execute the agrGement on behalf of the City at such time ! ; as the City Eng&neer and the City Attorney have approved I : ; the same.
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I I I t I In connection with the above matter th'e following resolu- I i tion was presented for ihe Council's review: I I I
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I i Res . 1735 , A RESOLUTION OF THE CITY COUNCIL OF THE 6ITY ! i QF CARLSBAD AUTHORIZING CONITEMNATION OF AN ~ASEMENT UPON i : CEKTAIN REAL PROP~RTY mt I~TXRES? ?HEASIS FOR USE AS AN : i EASEMiiNT FOR A SEWXR TRUNK LINE, bab adopted by title,onlyi i and the effective date of the resblutian to be the date i
; of the execution of the Joint Powers Agreement. I I i I L E I
I 8 : CITY MANAGGK'S IIEPORT: -1 A letter was presented from the Fire Chief &f , the City of ! ; Oceanside, thanking the City of. Carihbad .far their partic- ; t ipation in the St. Malo Lumber Company fire. I I
i ; &plica.tion for funds under Public Law 660: By mdtioii of i : the Council the City Manager was authorized to sign the : I apblication form for funds under Public Law 660. 4 I
! Legislative Bills, The City Manager presented a list of i : bills being considered be the Assembly, requesting action : ' i from the Council as to whether they favor or oppose the i : bills that were presented. I I
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I I I I : The City Manager requested authorization for himself and i i the City Attorney to review requests for the Council actioq
; on pending bills in the Legislature when notification has i i been received from the League of California Cities, reques-: i ting that immediate action be taken favoring or opposing : ; any particular bill. The reason for this request is due td i the fact that time is of the essence and the Council would I : be unable to be contacted as to their feelings. By motion : i of the Council the City Manager and the City Attorney were i : authorized to send communications on legislation effecting : i cities to the respective legislative committees.
:Job reclassification. The Council was informed there was : i a vacancy in the Pub1 ic Works Department, and he would like! i pernission to have a Labor-mechanic classification in this i ; department. It was his feeling the City could save money : : by having their own mechanic, and recommended that the I I I salary be set at 12-C, or $378.00 per month. , By motion of i : the Council it was agreed that a Labor-MechaQic be enployed: i at the rate of 12-C ($378.00) per. xmnth, in dccoYdance with!
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f the recommendation of the City Manager. I 1 ::::I
i gld Water Accounts.
: The Council was advised it has been the policy that un- ; i collected water bills.were passed on to the new property I : owners for payment prior to water service. It is the feell- i ing that this is an injustice to the new owner and creates! ld: : a very unfavorable relation between the owner and the City:. ;::: i 5t was recommended that these bills not be charged to the i :iii : new owner and at such time as it is determined they are : Guevara ; : i Xi i not collectable, they be written off. By motion of the I Bierce i XI : X: I Council the City Manager was authorized to write off these: Sonneman i : IX: : old water accounts, and 'that the banks and tit le companies: McPherson : I X: X: i be notified to check with the City for any possible out- i La Roche : ' :Xi : standing bills prior to issuance of title.
: RATIFICATION OF BILLS AND PAYROLL:
! Ratification of the bills was given for the general expen-! Bierce ; iXIX: i ses of the City in the amount of $13,307.93 and for the i Sonneman I : :Xi : Water Department in the amount of $12,064.63, from brch 7t McPherson: i :X: i 1961 to March 2€,1961, as certified by the Director of i La Roche i : : XI ; Finance and approved by the Auditing Committee. I I I : ;.; 11'1
I v::; f Ratif4catSon a€ the. paytold was gfvesl for the Eirst half i Guevara 1 i :X!
; c>f Msrch, ICfCU;, 11; <he amLni: of $13,963,%, as certified : Bierce ,; ' ' ; ;x: t 4 b.y the ~~re,a.eor pf Fivfance -afld approvec~ try EII~ Audi.ting i. ~px~eq.? i ; 3 X! + Committee. I McPhersoq X: :X: : La Roche { i Xi X: ; AIXJWRNMENT : I It1 I I i; I I. 1 I ;lie i By proper motion the meeting was adjourned at 10:30P.M. i 0;: ;:p
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i Respectfully submitted,
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I I I : MARGARET E. ADAMS
; Deputy City Clerk
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