HomeMy WebLinkAbout1961-07-05; City Council; MinutesB
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CITY OF C~RLSBAD I I I ', \.\, '., '. ' Minutes of: CITY COUNCIL (Regular Meeting) : ',., '+, '., '.,'\. 9 8
\" t '\ '8 Date of Meeting: July $ 1361 i Na me '\, '\$, ",,"?& Time of Meeting: 7:OO P. M. i of '.+;@,),%4 Place of Meeting Council Chambers
ROLL CALb was answered by Councilmen Guevara, I :: Bierce, La Roche, Someman and McPherson. Also
present wer4 City Manager Slater and City Attorney Haye$.
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I : ALLEGIANCE to the flag was given. I :"" 1;s:
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I I alt:* ! INVOCATIOps was offered by Councilman McPherson. I I ::;I:
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1 I I ::i:i : APPROVAL, OF IMINUTES: I I ::I:;
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4 a. The qinutes of the regular meeting of June 20, ! Guevara I I i xi ; :: *ti
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I : La Roche ; : ; x: !
I 1 i Sonneman !xi : 2 i
I : McPherson: :x: x: ;
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I a. W. G. Johnson - re: Claim for damages. Letter ! :I,:; 8:::
i dated June 2'7, 1961 from W, G. Johnson, 5820 Live Oak,: ::;I,
i Bell Gardens, California, submitting a claim to the City : Guevara !x; ; 1 i :;I:;
: in the amount of $15.00 for damage to his vehicle while i Bierce ; ; XI x I i parked at 32'10 Harding, was presented. By motion of ; La Roche : i : 4 i i the Council the claim was denied and the matter referred I Sonneman a ; i x i : to the insurance carrier, : McPhersonI ; ; 1 ;
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$ I : 1961, were approved as submitted. i Bierce 81
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4 i b. Library Board of Trustees - re: Vacancy on Board, I Letter dated June 30, 1961 from the Chairman of the !
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i Library Board of Trustees, calling the attention to the i ;;I;; I Council of the expiration, on July 1, 1961, of Mr, Lowell: ; Richardson's term of office. As Mr. Richardson would i I::;, I be unable tosserve another term, they wished to recom- : : mend to the 'Council €he appointment of Dr, George W. i Guevara i : x: $ i I Merkle as a, Library Trustee, The Mayor appointed : Biesce :+; : Dr. George We Merkle to the Library Board of Trustees,: La Roche i I : 4 i i and by motion of the Council the appointment was confirmk Sonneman !x; i $ I
! ed. I McPherson: i iq I
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1 1 !l.!l i OBAL COPJIMUNICATIOPTS: + I I JOHN MC KAIG, Chairmsn of the Parks and Recreation i Commission, s'iztec! he had read in the newspaper the ; Council was considering a site for the location of the i library, which was a portion of the Holiday Park Master : Plan, and as:ked why the Parks and Recreation Cornmis- i sion had not been included in the committee to discuss : this matter.
: Mre McKaig' was informed that no committee had been i appointed as yet, and assured him that at such time as a : committee wlas appointed they would be included in the i discussion,
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i Mr. McKaig further stated they had submitted two other i ;;:i; i letters and &ked when they would be read. The City I I :::i: : Manager stated there was one letter that was on the agendb ::'I;
1 :*I i under Parks and Recreation which, if the Council WishCd, : ::::I
f could be discussed at this time. It was agreed that the i ;:Ill
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3 1 ::!I! I I i Termination of appointment for Parks & Recreation Corn-! ; missioner - and feasibility of agreement with sckmc$s : for use of sihool facilities. .- a b
l a I * I Letter dated ~ June 26, 1961, from the Chairman of the : : Parks and Recreation Commission, was read wherein ; i the Parks & recreation Commission at their May meeting: : voted to request the Council to terminate the appointment i i of Leonard Nevares, who has only attended ons meeting : : of the Com@ssion since he was appointed in Segtember i i of 1960, under the new ordinance giving the Council I I
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I !:::I i authority to remove from Commissions those appointees !.. ;:::;
: who miss more than three meetings, They suggested that: I;{:! i the Council appoint someone who was a resident of the i ::I: Il~ : area bounde4 by the Freeway and the Ocean, Buena Vista i 1:;:; i lagoon and Oak Street. I I i!:::
1 1:;:~ i By motion of the Council it was agreed that the selection i Guevara i :x ;xi '
I of a new member to the commission be deferred until the : Bierce : ' !x: ~ I: next regular^ meeting. i La Roche i i :xi '
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i Discussion was given as to the use Of School ProPefiY for i
I recreational use. I
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I + i Cmn. Bierce stated since the meeting in Berkeley, which i
I some of the ,members of the Council attended, he is I i certainly inderested in looking into the possibility of some!
! type of agreement whereby the school playgrounds could i i be used for recreation. The City of Fresno has an : excellent program, and suggested the City Manager write i i to the City olf Fresno regarding this joint operation. The : I City Manager informed the Council he has several agree- i i ments in his office for the Council to review, but the i question is who is going to supervise this operation at the i : schools.
i After further discussion, the City Manager was instructed i to contact Oceanside in regards to their recreational 8 I : program with the schools, and also the City of Fresno. i
i Mr. McKaig stated it is the Commission's hopes that i something can be done this summer,
i MR. C, €X. PATTERSON, 3521 Ridgecrest Drive, ; Carlshad, stated he was interested in what the Council i I intends to do about the building at the corner of Oak and : : Lincoln (formerly Snack and Yak). Mr. Patterson was i i informed this matter would be brought up under Old : Business. The Building Inspector would make a report i I at that time.
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I I I ! i PUBLIC HEARINGS:
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I I I I ! i a. Resolution of Intention for Eureka Place Sewers - i i 191 1 Act Proceedings, I I
I The Mayor announced the hour of 7: 30 P. M. had arrived, i I this was the time and place fixed by this City Council for i ! hearing objections or protests on the proposed work, or ; : the extent of the assessment district, or on the proposed i i grades under the Besolution of Intention, Resolution No. : : 752, providing for the construction uf certain sanitary i i sewers and :appurtenances, and appurtenant work in : Eureka Place between Chestnut Ave. and Basswood Ave. I
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t!!r I :i:: i The Clerk presented the affidavits of publication, mailing i Guevara : :xi X, i and posting, By motion of the Council the affidavits were: Bierce : l : I I Ix: : approved and ordered filed. i La Roche : : : <
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I I i McPherson: i i 7 i The Mayor requested all written protests read. The Cleric ;:;: ;:;:
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I 11:; : The Mayor announced the Council would hear my oral : I!:: i protests or :objections concerning the work, extent of i I::: : assessment district or grades. Thare were no oral I 11;; I :;;$ i protests or ~objections. t t i::i
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I I I' i The Mayor declared the hearing closed at 7: 35 P. M. Thd :;4: i Engineer of! work gave evidence that dl of the lands in- : :I::
II'1 : cluded in thk district are benefited. I
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Illt ! The City Atkorney presented the following resolutions for [ ::;i i the Counci1';s approval: I I I i:;;
i Resolution No. 760 A RESOLUTION OF THE CITY ! Guevara : :xiX!
i MAKING FINDINGS AND OVERRULING PROTESTS AND La BOche i : :x: : OBJECTIONS, Assessment District No. 1-1961, was i l Sonneman : i ;x! z adopted by title only and further reading waived. ; McPherson: ; ,x:
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I UNCIL OF THE CITY OF CARLSBAD, CALIFORNI&,Bierce k i :x:
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I Resolution NO. 761. A RESOLUTION OF THE CITY I I ! cKRJ"NCIL OF THE CITY OF CARLSBAD. ORDERING i
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!:I! i THE CONSTRUCTION OF CERTAIN STREET IMPROWCGuevara i i :xi i MENTS ANb ORDERmG POSTING AND PUBLICATION I Bierce : ; ;x: I OF NOTICE'S INVIT,JNG SEALED PROPOSALS OR : La Roche : : ;x! i BDS, Assessment District No. 1-1961, was adopted by i Sonneman !xi ;x: i title only and further reading waived. : McPhersoni ;x:xi
I i Resolution No, ,764, A RESOLUTION OF THE CITY ; CIL OF. THE CITY OF CARLSBAD, CALIFORNIAi i DWECTING ' *HAT CERTAIN STREET WORK BE DONE: Guevara i jx:x; ; 1:::;
; UNDER THI$ DIRECTION AND TO THE SATISFACTION: Bierce ; i :x; i i OF THE WGINEER OF WORK, Assessment District : La Roche : : :x: : No. 1-1961, was adopted by title only and further reading i Sonneman !x; !xi , I waived. : McPherson; : !x; 1
i b. Resolution of Intention for the vacation of Birch i ::!!; ; Avenue, The Mayor announced this was the time and I i:lll : -xed by the Council €or hearing objections or pro- j ;::; ; tests on the proposed vacation of Birch Street.
i The Clerk presented the Affidavit of Publication and certif I fied as to proper notice having been given.
i The Clerk informed the Council there were no written i ::;: i protests received up to the hour of 7:30 P. M. I I ::;I
i The Mayor declared the hearing open and announced the i :::; : Council woukd hear all oral protests or objections. There: :::: i were no oral protests. The Mayor asked if there were : : any persons .desiring to speak in favor of the vacation of I i Birch Avenub.
I As there were no persons desiring to be heard the Mayor ! ;:;; : declared the hearing closed at 7:50 P. M. I I :::: (',I
: The City Attorney presented the following resolution for I i the Council's review:
i Resolution No, 763. A RESOLUTION OF THE CITY CIL OF THE CITY OF CARLSBAD, FINDING A i ;:;:: i PORTION OF BIRCH AVENUE UNNECESSARY FOR : PE?,ESENT dEt PROSPECTIVE PUBLIC STBEET PUR- : i POSES; VAdATING SUCH PCRTION OF BIRCH AVZNU4; Guevara ; I Ixi I : AND ORDEriING CLERK TO RECQRD A CERTIFIED I Bierce : [XIXI ; i COPY HEBEOF WITH THE COUNTY RECOBDER OF i La Roche i i {x: ; i SAN DIEGO ' COUNTY, was adopted by title only and ; Sonnernan ;x; :xi ; ; further reading waived. i McPherson ; : ;x: I
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: a. Beech Avenue improvement bid award. The t I ;lill ;:::: I Engineering ;Department informed the Council that four bids Guevara I I !x: i : were received, and Darwin Construction CO. were the low! Bierce ; p:xi I I bidders at $10,437.45. By motion of the Council Darwin ; La Roche ; ; :xi i : Construction Co. was awarded the bid for the constructiod Sonneman k : :x! I
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I I 1 ;;:; I b, Beech Avenre street opening - condemnation :::: I proceedings on Whitehead property, The Council was I :::I I informed twt three property owners have given deeds to : :41:
: the City for! the opening of Beech Avenue to take care of i ;::; :::: 1 the curb return and sidewalks, however, a letter has I : been received from Mr. Whitehead, owner of the propert$ ;:::
1::; i on the sout$east corner of Beech Avenue, stating this ; :a 1:;: : dedication would greatly alter his plans for the future, i :::I i reducing the size of his lot to a point that his plan will ; G~~~~~ + :;;I i Ix i : not profit. after consideration by the Council, and by i B~~~~~ i motion of the council the city Attorney was directed to : La Roche : : :x ~
i : :XI i start condeinnation proceedings for the Whitehead properrSonneman : k !xi
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I i C. Birch:Avenue street opening - acceptance of grant : +;I: ; deed. A deed has been received from the Briggs Land i Guevara ! i !xi ; Corp. to complete the street opening of Birch Avenue. By': Bierce i jx:x: : motion of the Council the deed was accepted from the ; La Roche : ; !x! I Briggs Land Corp, and the Clerk directed to record the : Sonneman :xi :x ; ; same, I McPherson i ; ix:
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I 1 i .'i k i d, Easement for Oceanside Elementary School Distric& i Letter dated 'June 30, 1961, from the Oceanside Union r : School District, enclosing a proposed quitclaim deed from! i the City of Carlsbad, qhitclaiming the city's interest in i
i Tract 55 of Hotaling Lands, reserving therefrom a # i specifically defined 20-foot easement for the existing maid
i water line crossing property being purchased by the # i District for the Lincoln School site on California St.
i The Council was informed the Carlsbad Mutual Water Co. i Guevara i i had a floating easement over this property, and this : Bierce a I : would not intbrfere with the existing water line, By motio4 La Roche i ! of the Council the quitclaim deed was approved upon the : Sonneman 1 : recommendation of the Engineering Department, i McPherson :
; PLANNING:
: a. Approval of tentative map of Tamarack Manor I 1 i (formerly Bali Hai Unit #2) subdivision. A letter dated : ; July 3J 1961, from E. A, Rossall, addressed to the Plan-: i ning Commission, protesting the Planning Commission's i : action regarding Bali Hai Subdivision No, 2, particularly : i CUT de sacs instead of through streets. I
i Discussion was given as to cul de sacs. The Engineering i : Department informed the Council they do not encourage : i cul de sacs, however, in this instance they would recom- I i mend a cul de sac, in order that a street would not enter : : onto a main thoroughfare (Tamarack Ave. ) in the middle i i of a block, I
I Resolution No, 21 1 of the Planning Commission was read, ! ; wherein they recommended the approval of Bali Hai Sub- i i division Unit #2, subject to certain conditions and restric-: ; tions. One restriction set forth in their resolution was I I that Bali Hai iUnit #2 subdivision be renamed, as it was ; : not an integral part of Unit #I. The Council was informed: I the Subdivider had submitted a new map giving the sub- ! : division namd as Tamarack Manor, I
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;I:;: i resolution was presented for the Council's approval: I :i;::
I :*I:: ; Resolution Nq. 762. A RESOLUTION OF THE CITY i Guevara ; i x$ i ; ::*I:
CITY OF CARLSBAD APPROVING iBierce ;x: $: i i THE TENTATIVE MAP OF TAMARACK MANQR, was :La Roche i ; s! : i adopted by title only and further reading waived, I Sonneman l ! :x: !
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1 :!!I i I ;i :* i b. Memorandum. @om flann& Commission re:, 1 all: ; Access road to So1anq.r Mobile Fsta$qsi Memorandum J I from the planning Commission dated June 28, 1961, was i :I:;
i vote that the access road running north and south from th4
i U. S. 101 Freeway, at the Encina overpass, be named ; Bierce yi :x: : Solarnar Rd. By motion of the Council it was agreed that i La Boche ; ; ixi i the intersecting road to Solamar Estates be named : Sonneman ; :x :x; : Solamar Road. i McPherson : ; :xi I :!'I
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: presented, wherein they recommended by a unanimous 8 :@I
; southeasterly intersection of Palomar Airport Road and : Cuevara ;I1 : ; ,
! : Vaughn Property. Cwn. Sonneman presented a drawing i i of the area of the Vaughn property south of Holiday Park. i : The Council was informed, the property consists of approx- i imately 1 3/4 acres; selling price is $45,000; there is i : a trust deed in the amount of $8400.00, bearing interest : i at the rate of 6%; taxes with exemption were $319.00, and: i the owner desired a down payment of $10,000. Consideraf : tion was given to the selling price, and it was agreed that i I an appraisal be made of the property for the Council's : : consideration. I
: A short recess was declared at 8:OO P. M. The meeting I I reconvened at 8: 10 P. M. I I
1 OLD BUSINESS:
i a. Non-conforming building - Oak Ave. and Carlsbad : : Blv& The Building Inspector was present and informed I i theouncil that Mr. Hoover had sold the property to the i i new owner of the Cafe, and it was now in escrow. The ; : new owner had had a contractor draw up plans for a new I i building, and he agrees to tear down the old building and ; ; build a new building. A plan of the new building was i presented for the Councilfs review. The land covers : approximately 3200 sq. ft. , and the building will consume: i between 700 and 750 sq. ft. There will probably be 7 : : parking spaces. 1 I
I MR. C. H, PATTERSON, 3521 Ridgecrest Drive, i Carlsbad, asked that a resolution be adopted'wherein the i
I new owner would be required to have all buildings, mater: I ial, etc. off the street. Also that the garbage and trash ; : cans located at the back of the property be removed. Mr.! i Patterson stated his property is located directly across : ! the street and he is trying to sell the property. I 1 i MR. JOHN GRANT, 2924 Highland, stated he would like i i to suggest that Mr. Patterson be given a written agree- : : ment that something would be done to this property before! i his sale next Friday, and that the City consider this I I : -property as a park site. If a building is allowed on this i ! property he is going to ask that he be given permission : ; to inspect every step of the construction. I 1
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a:!*. : Mayor La Roche stated the City has a qualified Building i i Inspector to take care of such matters. I
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!*l!l i After consideration by the Council, by motion of the I Guevara ; :x :x; : I Council it was agreed that the owner be notified that the i Bierce 1 1 :xi i : permit issued October 4, 1955 be revoked, and that the : La Roche ; ; :x; i : new owner be given 40 days from this date to make the i Sonneman tx I !xi ; I building legal or remove the old building. i McPherson i : ix: :
I I'll; : b. Insurance and retirement - Survivors benefit. I I $1;;
I :::I, : A letter has been received from the Employees Ketiremer(4 g;::; i System regarding the cost of conducting an evaluation to ; :;;:: ; determine the cost to the City of adding Section 21264 of i i:::;
i the Retirement Law to the City's contract. This fee I ;::::
I ::::: ; would be $50.00. The City Manager pointed out to the I ';I; i Council that it is his feeling this particular section would : +;;
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not cover public safety personnel in the event a member I is fatally injured while on duty. This section would apply: after the member has retired from the City. There is : available procedures whereby public safety member$ : survivors would be protected in the event of fatality while: on duty. I I
After discussion by the Council the Mayor requested a i report and recommendation from the City Manager as to : which plan should be utilized. I I
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I I I I I I I c. Second reading of Ordinance No, 9118 - Amending i : Ordinance NO. 9060, changing certain propeq from 6 1 i Zone R-A 10,000 to,Zone R-1 7500. The following i ordi,nance was presented for a second reading by the I I i Council:
i Ordinance No. 91 18. AN ORDINANCE OF THE CITY i : 0FEXDING.ORDINANCE NO. 9060, I I i CHANGING CEBTALM DESIGNATED PROPEitTY FBOM i
: ,OF CARLSBAD, was adopted by title only and further ; i reading waived,
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i ZONE R-A 10,000 TO ZONE R-1 7500 IN THE CITY i
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I I I I I I I C, Second reading of Ordinance No, 9118 - Amending i : Ordinance NO. 9060, changing certain propeq from 6 1 i Zone R-A 10,000 to,ZOne R-1 7500. Th e following i ordi,nance was presented for a second reading by the I
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! : Council:
i Ordinance No. 91 18. AN ORDINANCE OF THE CITY i : -ENDING,ORDINANCE NO. 9060, I I i CHANGING CEBTALM DESIGNATED PROPEitTY FBOM i i ZONE R-A 10,000 TO ZONE R-1 7500 IN THE CITY i : ,OF CARLSBAD, was adopted by title only and further ; i reading waived,
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i CITY ATTOltNEY'S REPORT: f 1;;-
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I I :@I; i Writ of Mandamus. The City Attorney reported on the I 1;;1
i hearing. Mr. Glenn Feist, Attorney for the Plaintiffs, : ;::I
;;'a i requested that he be allowed to file a brief on the matter, ! ll:; i and was granted this privilege by the Judge. There is a : :::I
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; tentative date for this matter June 10, 1961 . 4 :"I
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i There has been a new suit filed by Mr. Feist in which he i i states in his first cause of action that Ordinance No. 9100: : is unconstitutional, and in his second cause of action the i i surrounding property owners were not properly notified. : : The City Attorney stated it was her intention to file a i i demur to the complaint. Assuming the Judge would
i overrule the demur, the matter would be set for trial, i
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I I I Irwin J. Kelly water suit. An answer has been received i i from Irwin J, Kelly, filed by their attorney, Graham : Kelly. It refers to early oral agreements with Mr. i Cannon at the time of the Terramar Water Company. Th$
! City Attorney stated she had not had time to thoroughly : i check this matter out.
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I ! 3 CI'I'Y MANAGER'S REPOST: !
I I I I I I Court Violations. The City Manager informed the Councg i he had been contacted by the City Manager of Oceanside ; : as to the City placing a man in the Court to keep track of i i the repeated violators so that they would be given an in- : ; crease for the second or additional violations. After I I i discussion by the Council it was the Council's feeling this :
i would be an unnessary expense to the City.
i Water Service Policy inclusion fee, There have been I i some complaints that the $100.00 inclusion fee per acre i : for water service is a deterrent for properties ever I I i annexing to the City. These people can get water from : i the Carlsbad Municipal Water District. The City Manage+ : felt the policy should be amended so as to have this i portion of the policy deleted,
i Discussion was also given to the 25% surcharge for water! : received OR properties outside the city .limits. I
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i Council meeting. At the following meeting under the I I ::i:
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I I I i By motion of the Council it was agreed that the policy be t Guevara 1 !x: ! amended deleting the $100.00 per acre inclusion fee, but : Bierce & i ;xi i that the 25% surcharge remain, i La Roche 11 ; ; !x: 1
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i Mayor La Roche stated he would like to institute a "Why i i::: 4:; : Not" sheet. This "Why Not" sheet would appear at each : ::;;
; City Manager's report this sheet would be presented. Thi ::I;
;::I i City is a big business, .serving approximately 10,000 t ;;:: I people. The Mayor further stated he looked upon this Citi 14; ; as a corporation; the Council is just a Board of Directors I ::i: : in his way of thinking, and the City Manager is the Presi- : ::;: I dent of the corporation. He did not feel each individual i 41;
i member on the Council should go into the Manager's :::I
I i::: ; office requesting certain things to be done. If the membe$s $8' i- have any constructive criticism or suggestions they shoulq ;:I* I:
: be discussed before all members of the Council. I :i:'
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I I :;I1 ! Considerable discussion was given the matter, but no I :;I: i action was taken by the Council at this time. I I i:;:
I I ,'I: I I iI:l i RATIFICATION OF BILLS AND PAYROLL: I I 1:; I I ::;1 ::;: i Ratification of the bills was given for the general expense$ Guevara !xi ; $ : of the City in the amount of $7,391.82 and the Water De- ; BierCe I : ;x: I partment in the amount of $25,988.19 for the period : La Roche ; : ;$ ; June 20, 196 1 to July 5, 1961, as certified by the Directoi Sonneman ; i x! 5 i of Finance and approved by the Auditing Committee. : McPhersoni : : q ! LZatification of the payroll was given for the second half i Guevara ; I I $ : of June, 1981, in the amount of $14,245.40, as certified : Bierce : i !5 i by the Director of Finance and approved by the Auditing : La Roche I ! : q : Committee. I Sonneman ; :xi 4
i ADJOURNMENT:
1 By proper motion the meeting was adjourned at 9: 50 P. M.:
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I : itespectfully submitted,
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I i MAICG~IRET E. ADAMS I Deputy' City Clerk
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