HomeMy WebLinkAbout1962-05-01; City Council; Minutes4 I I I' . 8,. : CITY OF CARLSBAIS I Wnutes of: CITY CUTTNCIL : (ftegulnr Meeting) i : Date of Meeting: Xay 1, 1962 ; ~ame 888 '8%~ '8 8 '8& i Time of Meeting: 7:OO P. M. .$$x '8 '$!& ' Place of ;Meeting Council Chrnberc
: BOLL CALL was answered by Councilmen Guev-?. i Bierce, McPherson, Neiswender and Hughes. Also i present were City Manager Slater and City Attorney Hayes.
: ALLEGIANCE to the Flag was given. $ ;'I* i INVOCATION was offered by Councilman Hughes.
i Smoking in Council Chambers. By motion of the Council ! Guevara i I ;xi : %-t was agreed that smoking be allowed in the Council i Bierce s: !x: i Chambers. I McPherson I : ;xi
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I (a) Minutes of the regular meeting of April 17, 1962, I Guevara ; :x: xi
4 : McPherson i : :x; : i Neiswender: ; :xi
I : Hughes i ; :x;
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1 (b) Minutes of the adjourned regular meeting of i Guevara i : :xi
I : McPherson i i :x:
I I I Neiswender:, ; :xi
I I : Hughes ; :x:x:
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I I I i APPROVAL OF MINUTES:
! were approved as submitted. ; Bierce 7: ;xi
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i .April 23, 1962, were approved as submitted. I Bierce st: !xi
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i CO3RESPONDENCE: 1 :;::
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I (a) Letter of appreciation to DarreLl A. Welch for i i services rendered to the City. r. Welch was present 1 ; and the Mayor read a letter fromMhim on behalf of the City': i of Carlsbad, stating their appreciation for the services t : rendered by Mr. Welch in the past forty years. Mr. : Welch was informed that he would receive a pin for his i i forty years service.
* (b) Petition requesting swimming pool owners to i
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t I I provide safety precautions. A petition was presented 1 I : containing 25 signatures, requesting the City to take the i i necessary steps to require owners of swimming pools to : : provide safety precautions. I I
I I i Cmn. Bierce stated he would like to go on record as i favoring such an ordinance.
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I I a : i By common consent it was agreed that the City Attorney t i prepare an ordinance requiring safety precautions by : i owners of swimming pools for the CouncilFs consideration! * t * I
I I (c) Chief Clerk State of California Assembly re: s I
I I I I I : California, in which he enclosed Assembly Concurrent i i Resolution No. 14, relating to provisions by California i : cities for their identification from the air.
i Discussion was given this matter by the Council, and : ; Cmn. Neiswender recommended that this matter be turne4 I over to the city Engiaeer to see if there is a buildbg : ; large enough in the City in which a sign could be placed I 1 on the roof to identify the City.
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I * (dl Dr. R, C. Packard re: Request to purchase or : I lease city ro . Letter dated Apr rom 4i : E K. C, %a%s, stating that he a: % ::tze:s have i i been looking for property upon which to build a Dental 1 : Building. They previously irrquired about the property ; i located on the southwest corner of Madison and Elm Ave. I: ; and were informed this was the prom site for fhe new i i ! i I
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i been looking for property up : Building. They previously j i located on the southwest cox ; and were informed this was i !
re: Request to purchase or : ated Apr rom 4i dthat he a: % ::tze:s have i ron which to build a Dental 1 irrguired about the property ; mer of Madison and Elm Ave. I: the propose4 site for fhe new i
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I I library. It is their understanding now it is the intent of : ; the city to build the library on Pi0 Pic0 Dr. They asked I i to have the opportunity to meet with the Council or a corn-: : mittee to discuss the possibility of the city either sellbg : i or leasing the property. ? I h
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I I 4 I i Dr. Packard was present and stated there are four brothels I aDd they have had plans for some time to dl establish their i business in Carlsbad. They would appreciate the opportu4- : ity to discuss this matter with a committee, I ! 8 ! I ; The Mayor appointed Cmn. Hughes and Neiswender, the ! i City Manager and the City Attorney to the committee, and: : asked that they arrange a meeting with Dr. Packard. I I
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I (e) John Pfau re: Claim for damage due to sewer i i stop a e Letter dated April 25, , from Jo *e requested that he be rii%ksed forF2:ge :: au, ; IUlW i done to his property located at 4008 Garfield Street, I : Carlsbad, due to sewer stoppage. A plumber was called ! i and the plumber informed him that the stoppage was I ; caused by the city's sewer line on Garfield Street. He i i asked that he be reimbursed $53.01, which was the total i i amount expended by him. I I
: The City Manager informed the Council he had checked : I with the Public Works Department and they sent a man to i i rod the line and found the line was open. Usually the I I ; plumbers notify the City Hall If the City's line is causing i i the trouble, however, the City was not notified. I 1
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l!!8 i By motion of the Council the claim was referred to the i Guevara k i !xi ; insurance carrier for proper action, and denied by the i Bierce : ; !xi i Council. : McPherson i : !x;
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;:I, ! :!!I I I 8 (f) Pearce C. Davis re: Lebarr Estates f2 subdivisidn. : Letter dated Asril 25, 1962, from Pearce C. Davis. stat-! I ing he coul.d ndt allow the statements made by the &ty i : Engineer at the last Council meeting to remain unanswered. i He has been informed by the Engineer for LeBarr Estates i ; #2 that they would have preferred making a cul-de-sac of : i the proposed Yourell Ave. , and thereby avoid the fill next i ; to his property. It appears the Engineering Department ; i was insistent upon raising the grade and making a through { i street of Yourell Ave. In Mr. Davis's opinion it was un- : : necessary to connect up to Yourell Ave. and further, it i i creates a serious traffic hazard. The City Engineer has ; : stated that when subdivision plans are reviewed by their i ; department he is not required to consider any adverse : i effect on adjacent properties. Mr. Davis suggested that i : the Council order the street closed and the grade reduced : i to its original normal level. I ! 4 !
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i The City Engineer stated he had no comments to make in i i regards to the letter. He presented a map of Shangrila : :'I1
: Subdivision, which showed a one foot barrier at the end of i :' 1 Yourell Avenue. Also a map was presented of Lebarr i i;;: : Estates #1 and #2, showing Yourell Ave. being extended. :
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: The Assistant Engineer was present and advised the I i Council that in 1959 the tentative map of the entire parcel i : of Lebarr Estates was approved. At that time it was i recommended by both the Planning Commission and the i : City Council that Yourell Ave. be widened and extended. :
: The City Ehgineer fu.rther s-tr;k.,! -&e E.ngineering Depart- i i rr-ent has to w~rk within t5e i.izzits d th,e grading ordinanc?. : One Saturdscy he wf;;zt sxt with Mr. D;l.vLa and two other : i members of the Plarning Commissj.on,, and speaking 2s an:
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I i individual he stated at that time he did not favor padding i i the lots, and suggested that the Planning Commission try ; ; and work out something satisfactory. I
i The City Attorney stated as long as the Planning Commis-i i sion and the City Council have approved this subdivision : : and also the City Engineer, it was her opinion that the i i Council could take no further action. I I
i ORAL COMMUNICATIONS:
i Mit. FRED WHWING, 1420 Yourell Ave., asked if signs ! I are to be posted on Yourell Avenue for traffic. There ar4 i 13 children on this street.
i MIRS. WHITING stated the fence at the end of Yourell Av4. : was taken down and a barricade was put up. This barri - ; i cade has been teken down.
i MR. JOHN PALMER, stated he did not think that Mr. : Westree was aware that the Planning conmission request; i ed that the barricade be placed at this point.
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k:::' I::: I;:! i The City Manager stated he would see that this problem i I was taken care of immediately. a l
: MR. BOWLING, 1425 Yourell Ave. , stated he had no : qualms with the Police Department, however, he would I
i like to know what could be done to protect the children. : i He has called the Police Department on various occasions! i and given the license numbers of cars that have been : racing up and down this street. He was asked by the . i i Police Department if he would be willing to identify the : ; parties if a complaint were filed, and he stated he would I i be willing to identify the parties. To date he has heard : : nothing on the matter. I 8
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I * i The City Manager stated he would Like to investigate this i i matter further. I I I I
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l1 i PLANNING COMMISSION:
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I t ! t I I I I (a) Tentative map of Pirates Cove subdivision. A i i revised tentative map of Shelter Cove (Pirates Cove) sub-: : division was presented for the Council*s review. Resolu-: { tion No. 240 of the Planning Commission was read, wher4- : in they recommended the approval of the tentative map i I subject to certain conditions and restrictions being per- : : formed, I I 1 .
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1::; I I I The City Attorney asked if all the requirements had been i i met by the subdivider. She has had discussions with the ; ; Engineering Department. I I
I It was agreed by the Council that due to the fact the con- i ! ditions and restrictions were subject to the approval of : : the City ]Engineer, the Council would be safe in approving i I the tentative map.
i After discussion by the Council the following resolution ! : was presented €or the Council*s consideration: I I
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!I!! i Resolution No. 818. A RESOLUTION OF THE CITY i Guevara I !xixi i '"2 CITY OF CARLSBAD, APPROVING : Bierce : : ;x; : THE REVISED TENTATIVE MAP OF SHELTER COVE i McPhersoni i !x: ; SUBDIVISION, was adopted by title only and further read-! Neiswenderi ; :xi t ing waived. : I Hughes $i :x:
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I (b) Appointments to Planning Commission. The I ::;:: : Mayor informed the members of the Council that at the : i:;ii
1 i last meeting he asked that each member submit names I 1::11
'8':; : for the five appointments. He has chosen one name from : ::::I i each of the lists submitted, which are as follows: I t i::::
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I Jane Sonneman 1 I::::
I Pearce Davis
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I ! &!!I I I Cmn. Bierce stated he would like to inject the name of i : Don Holly, local engineer, for consideration to the fifth i I appointment. He realizes there may be a conflict of ; interest on some of the subdivisions due to the fact he act; i as engineer for some of the subdividers.
i After discussion, it was agreed that the one appointment : ; be carried over until the next meeting. J 1
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I I I I : ENGINEERING:
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1 I I ! # I ; (a) Approval of final map of Harbor View Subdivision: i The final map of Barbor View subdivision was presented i : for the Council*s review. The Engineer submitted a re- : I port recommending approval of the final map subject to i- I certain conditions being performed. I !
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1 I I ii i; : After discussion by the Council, by motion cf the Council i ;;:: i the final map of Harbor View subdivision was approved, i Guevara : : :x: i and the City Clerk instructed to sign the final map at such: Bierce k i :xi ; time as an improvement agreement has been entered into ! McPherson ! I :X: i between the City and the subdivider, and proper securitied Neiswenderi : :Xi ; have been posted by the subdivider. i EIughes : jx:X:
I * ::!; I I ! NEW BUSINESS: 1 I I * I I 1 I I (a) San Diego Gas & Electric Co. re: Supplemental 1 i lease of Agua Hedionda Lagoon. The City Manager in- : : formed the Council this matter was reviewed by the formeb i Council and it was their decision that it be referred to the;
I new Council. I I I I t i The City Manager read a letter addressed to former Mayob ; La Roche from Walter A. Zitlau, wherein he informed the:
I Mayor that in accordance with discussion held in Mr. i Dillin's office, he was submitting the following informatio$:
i Datta concerning the swimming pool and the use of the hot i I water from the plant was set forth. A drawing was sub- : : mitted indicating possible use of the Gas Company's land : i and also a study made of the temperature of the discharge i
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D ; waters.
I A copy of a su2plemental lease was attached for the i Councilfs consideration, wki.c5. in essence would give the ! : city a ten yesr lease with an extension of two-two year i : terms, depending upon the requirements of the San Diego : I Gas & Electric Co.
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i A letter was also presented addressed to Mayor McPkerstn ;::a i dated April 28, 1962, wherein the Gas Company stated the: i use of the middle lagoon would also be included in the I :*#I : supplemental lease. I I I;:: I;1&
! The City Attorney requested that an executive session be i 41;; i called prior to any action being taken on the lease, to ais: I cuss litigation. I I ;I
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I I I (b) First reading of Ordinance No. 3051, amending i i Ordinance No. 3025, Section 2, allowing the testing of i ! unmuffled engines in connection with boat repair, The : : Tollowing ordinance was presented for the Council's con- i
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i sideration: I '11; :: Ordinance No. 3051, AN ORDINANCE OF THE CITY OFGuevara $; :xi 1:
: CARL B ING ORDINANCE NO. 3025, SEC- : Bierce : ixix: i TION-G SUBSECTION (h), RELATING TO i McPhersoni : ;xi ; THE TESTING OF UNMUFFLED ENGINES, was given i Neiswender; i :x: i a first reading by title only and further reading waived, ; Hughes I ; !xi
: to training of Law Enforcement Officers, The city Manager 811; I informed the Council the Chief of Police has requested t : this ordinance, setting up certain standards for Law En- : 1::: i;:' I forcement officers. By requiring these standards the city! 1: : may be reimbursed by the State for a portion of the train-! i ing costs of the officers. The following ordinance was : i presented for the Council's consideration:
: Ordinance No. 3052. AN ORDINANCE OF THE CITY : I'
i :!Cg%'2NL%% O^F THE PEPJPIL CODE RELATING TO! Bierce :x; ;xi i TRAINING OF LAW ENFORCEMENT OFFICERS, was ; McPhersoni : ; x; : given a first reading by title only, and further reading i Neiswender: : i xi i waived. : Hughes I jx:x:
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1 I (c) First reading of Ordinance No. 3052, relating i '1;s i:::
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I CCEPTING THE REGSUIELEMESTS O$ Guevara i i :x{
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I I I I !I*! I B 1 (dl First reading of Ordinance No. 3053, prohibiting: i:i;
11:: 1;:1 i the inhaling, drinking or breathing of certain substances. : : The following ordinance was presented for the CouncilTs i :;;:
!II! - : review:
i Ordinance No. 3053. AN ORDINANCE OF THE CITY i Guevara l ;xi x! : ;-OF C PROHIBITING THE INHALING, DRINK: r Bierce : : :x: I ING ($Z\Y&?kfING OF CERTAIN SUBSTANCES, was : McPhersoni i i xi : given a first reading by title only and further reading i Neiswender: xi : x; i waived. ; Hughes : : !xi
i La Roche for services rendered as Councilman and Mayo4 :a* 1:; I The following resolution was presented for the Council's : 8 ;:: : review: 1::
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i i3esolution No. 819. ZESOLUTION OF THE CITY ::I
i APPRECIATION TO WILLIAM J. LA ROCHE FOlE i Bierce ; ;.;x i SEZLVICES RENDERE33 AS CITY COUNClLlMAN AND : McPhersoni : :x : XLAYOR OF THE CITY OF CARLSBAD, was adopted by i Neiswendar:, I I x : title only and further reading waived. : Hughes * (11 i ;x !
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I (e) Resolution No. 819, appreciation to William J. ! :;:I **
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I ~CIL OF THE CITY OF CARLSBAD, EXTENDING i Guevara ;X: i X
4 I !I1 L I t (f) Resolution No. 820, appreciation to Jane C. i Sonneman for services rendered as Councilman and ; The follav ing resolution was presented for the Cow !
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! review: 1 I D B I : Resolution No, 820. RESOLUTION OF THE CITY
I I c& OF TEJ~ CITY OF CARLSBAD, EXTENDING : APPRECIATION TO JANE cf, SONNEMAN FOR i SERVICES RENDEBED AS CITY COTJNCILMAN AND : MAYOR OF THE C€TY GF CARLSBAD, was adopted by i title only and further readirg ~Bived.
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i Proposed annexation of East Carlsbad No. 2.2. The i i Engineering Department was instructed to prepare a legal : description of property located east of Carlsbad, which : I included acreage in the Calavera Lake area owned by : : the city, and also a Mr. Clark from Fullerton, Californii, i requested his property to be annexed to the City .of Carlsljad. : The legal description has been completed by the Engineer? i ing Department and preliminary papers have been preparqd ; to commence annexation of certain properties in that are:, i A map of the area was presented for the Councilts review) ; The following resolution was presented for the Council's i i consideration: t
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I * i ';;ai i Resolution No. 821. BESOLUTION OF THE CITY :01:; { Cuevara : b i t : : COUNCIL OF THE CXTY OF CARLSSAD TO INITIATE i Bierce !x! ; g I 1 ON ITS OWN MOTIOM PROCEEDINGS TO ANNEX { McPherson: : ; f : : CERTAIN UNIIMABITED TERRITORY, was adopted by i Neiswende4 : I $ i i title only and further reading waived. ; Hughes i ! I A I
I .!t! I 6 i Application for proposed high pressure fuel line. The i i Eouncil was informed that an application has been filed : ; for a permit to insta a-high pressure fuel line from LOS I i Angeles to San Diego by the Southern Pacific Pipe Line C4, ; It appeared as though the Countywasgoing along with the ; i request. Last Friday the City Attorney sent a letter to i ; the County requesting the County to take no action. *
I Leasing of property OR the lagoon, Ecke, et al. A meeG i was held with Mr. Ecke and discussion was given as to i ; the terms of a lease. Af first Mr, Ecke was interested : i only in a two year lease. However, after further discus- i : sion Mr. Ecke is willing to lease his property, and speak4ng i for the other property owners, a proposal was made by i : Mr. Ecke on a ten year basis. It was contemplated that : i for the first two years of the lease the city would pay the i : amount of the taxes on the properties. At the end of two : i years if the city were not in a position to purchase the i : property they would rent the property for an additional : 1 eight years, and the cost of the lease would be the payme$ : of the taxes plus 4% of the assessed valuation of the propet.- i ties. Also they are willing to give an option to purchase i : the property at five times the present assessed valuation. :
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l:!l: ! By motion of the CounciL it was agreed that the City Attor4ey .. i negotiate a lease with Mr. Ecke, et al, on the terms set : Guevara. :I I ; ;xi ; i forth by the committee, on a ten year basis. : Bierce :xi :x; :
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i Also by motion of the Council the City Attorney was in- i Guevara I ; :x: L, :::.a:
: structed to negotiate a lease with Mr. Ecke and the San : Bierce :xi :xi ; i Diego Gas & Electric Co, for the property north of the i McPherson: ; !xi I : San Diego Gas & EXectric Co. *s discharge channel : Neiswenderi ! :x: i
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I I i The City Clerk informed the Council that Mr. Ecke has { I filed an application for rezoning his property that lies i : on the west and east side of Carlsbad from Zone R-a and ; i R-3, to Zone R-t.
i Mr, Ecke has requested that a clause be provided in the ; ; lease to allow him to remove cobblestones from the propet-
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I 1 t I : Mr. Frank DeVore, representative from the S. D. & G. C!$. , i stated the State has requested that the company not remove! : the cobblestones from the beach as it helps to build it up. :
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I 1 ! Cmn, Bierce inquired as to what steps could be taken to i i rezone all of the property north of the discharge chamel i : to R-T, I ! I t ! The City Attorney informed the Council they could on theid i own motion adopt a resolution of intention.
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I t e 5 i CITY MANAGER'S REPORT:
i The City Manager informed the Council in meeting with i : Mr. DeVore of the San Diego Gas & Electric Company, : i concerning the leasing of frontage on the west side of I I Carlsbad Blvd. , discussion was given concerning the pos-i : sibility of leasing the property south of the discharge I I channel and possibly some of the area now being used by i : the companyls employees' association, I
! Freeway agreement - El Camino Real and Vista Wa talkmg with Mr. Dekema of ke St&e I I : g way lvision in San Diego, the agreement is being { i held up in Sacramento. The City Manager contacted Mr. : : Wooley, one of the State Highway Commissioners to see i i if there was any way that he could assist in determining : : why it was being held up. Mr. Dekema informed the City i i Manager he would be in Sacramento over the week-end i : and he would check the matter out. I
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: Cmn. Bierce suggested the Mayor send a strong letter to i i the Eighway Commission in Sacramento. By common i
I consent it was agreed that the Mayor be authorized to 1 i sign a letter addressed to the Highway Commission, pinti : ing out the city's position in this matter. t
i The City Attorney informed the Council she contacted i i Tom Baine today and he will look into the matter also. I I
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I I i i Palmist The City Manager informed the Council there i i E"= ave een several requests made to the City Clerk's b : office for a Palmistry license here in the city. The Polk/ i Department is concerned. It was pointed out to the Counczl
I some of the cities control this type of business by chargie i a fee of $50.00 per day. The City Manager inquired of : : the Council as to how they wished to control this type of i i business, ! Cmn. Bierce stated he objected to any ordinance that i would prohibit this type of business, as he felt it was up :
I to the individual wanting this type of service. I
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!I! t i i After discussion by the Council by motion of the Council i Guevara ; !x iz i the City Attorney was instructed to prepare an ordinance : Bierce : prohibiting palmistry, fortune telling, etc. i McPherson I ; i'
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I : RATIFICATION OF BILLS AND PAYROLL:
i Authorization was given for the payment of bills for the i Guevara : !x !I I general expenses of the city in the amount of $8,678.91 : Bierce @i :: : and for the Water Department in the amount of $3,513.34, i McPherson ; ; I: I for the period April 17, 1962, as certified by the Director: Neiswender; : :. i of Finance and approved by the Auditing Committee. i Hughes
i Ratification of the payroll was given for the second half i Guevara ; !x i i of April, 1962, in the amount of $14,952.65, as certified ; Bierce i by the Director of Finance and approved by the Auditing i McPherson ; : : ; Committee. : Neiswender j ; ;
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' ' I ! Cmn. Hughes asked -& have the payment of bills presented: { to the Auditing Committee prior to payment. I
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I I I: i f; : The Council was informed the reason for the bills being i i paid prior to auditing is in order to take advantage of the ; I :;I& I I ..: .
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I ::I: i The Mayor declared a short recess at 9:24 P. M. I :;#I
I I I :I:: i The meeting reconvened at 9: 35 P. M., and the Mayor i ,,I;
: called for an executive session to discuss litigation. I ::i;
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i The regular meeting reconvened at 9:45 P. M. and the i t:}: i Mayor declared the executive session closed. 1 1 :'! I * I ..a4{*
i F'urther discussion was given to the lease with the San i t;;!
i Diego Gas & Electric Co. for the lagoon, and by motion f Guevara : :xi 4 :;e*
; of the Council the City Attorney was instructed to renego-i Bierce :xi ;x I tiate the lease with the addition of the inner lagoon, and : McPherson: : : 4 : that the term of the leasewmmence as of April, 1962, i Neiswende$ I : X I with the secondary term4 be accordingly. : Hughes i i i x!
I 1:; I The City Attorney stated she wondered if the Council I I ::;; : would not like to extend their appreciation to the San Dieg4 ::I:
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f Gas & Electric Company as to their change in public re- i ::;; i latiom. f I iii:
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i The Mayor stated he would certainly like to express his ; I appreciation. *
! The City Manager was instructed to write a letter of : appreciation to the San Diego Gas & Electric Co. for the i i Mayor's signature. I
I Cmn. Guevara requested that a letter of appreciation be I i sent t0 Mr. Clint Pedley, President of Spring Ihtiday, ; ; for the entire Spring Holiday celebration.
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4 I I I I ! i ADJOURNMENT *
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I I -111 i By proper motion the meeting was adjourned at 9:51 P. M.: :::I
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I I t 1 1 I Respectfully submitted,
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