HomeMy WebLinkAbout1963-05-07; City Council; Minutes4 I : " b, " \, .\ ts ' '* ' 'i . '* '., '.,'*, % '\ b' 'b "' I 7i i CITY CF CA&tSEA.D ; Minutes of: CITY CC~CIL (*gular meeting) i ', 8, 'x, '\, 'i,'8*
3 Date of Meeting: May 7, 196% ! ~a me '*x '+\ ''8 "$ ; Time of Meeting: 7:OO P. M. ; , of '+j&&' '., x*., 8.L '0 ' 9' +',$ :""~"""""""""""""""""""""""~""-*."""""""""""~"~~"""""~~"~" : Place of,.Meeting: Council Chambers : Member ' &@,+G$ ::::;
i RCLL CALL was answered by Councilmen,McPherson, : I4)(1 i:;:: : Bierce, Guevara and Neiswender. Councilman Hughes i I:::' i was absent. Also present were City Clerk Price, City i i,:1 i:;;; ! Manager Slater and City Attorney Viilson. ::':;
:::;I : ALLEGIANCE to the Flag was given. ;:;::
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: INVGCA-TIGN was offered by Councilman Neiswender, i
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* (a) Minutes of the regular meeting of April 16, 1964 McPherson : ;x I XI ;
1 : Guevara : : :xi :
4 I Neiswender: : :x: i
1 61;; * (b) Minutes of the Special Meeting of April 26r2 2963; McPherson I ix !x; ;
I I i Cruevara : i !x: i
I I' : Neiswender: : ;xi : :::;:
$1;: i (a) H. W. Kirby - re: I& ater drainage problem. Letter * i ;::;: ;::::
; ZateG April 27, 1$63, from H. W. Kirby, 3570 D onna Dr. i ::I:; i concerning a water drainage problem on his property: : I:;:;
: The water drains on his property from the commercial ; ::::; : flower grower, Mr. Eionda's property. Mr. Kirby request- +::
: ed the City Council to do all in their power to resolve this i ' ;:1:1 t*; i problem as soon as possible. ;::::
i The City Attorney informed the Council this involves the ! ;a::;
; The City Manager was instructed to inform Mr. Kirby i :I::;
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$ *If 1 : .APP&GVA.L OF MINUTES:
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i were approved as submitted. i Bierce kj ;x: I
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:. were approved as submitted. : Bierce t: ;xi ;
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1::'t ; two property owners and is a civil matter. :::::
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;f i of the City Attorney's decision.
;41t: /4; i [b) Earl H. Thompson - re: Acquisition of land from i ;:i:; : Dr. Balmateer. Letter dated April 29, 1963, from b%rl i ::' i f-r. Thompson, Attorney at Law, advising that his firm i I;;$ I represents Dr. &oy'Y. Palmateer, in connection with the ; *:I::
;#::I ! Palmateer, approximately 38 feet by 150 feet of the south; :!;:: I west corner of the proposed extension of Tamarack Ave, : ::;:: i Dr. Palmateer has aukbrized him Po offer the said parcel: ;4,II )*fa ; of land to the City of Carlsbad for the sum of $$,?Oif, a33. i ::::I
,a;:; i a grant deed to the City. ;:,:I ; :,; * :
1;':: i Cmn, McPherson stated he felt this should be turned back i ;:::I I to the City Attorney for investigation. I ;;:" , 1::
i Cmn. Eierce stated at one time Dr. Palmateer offered to i :::I: ; give the City this property, providing the City would bend i 1:::: ;a*:; I:::: : shouid start over again with Dr. Palmateer, I;;*1
I ::::: i City Attorney investigate this matter further and see if i ;*1;4 ::::I : something can be worked out satisfactory so that the '::;I
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e l ; acquisition of a portion of the property owned by Dr. ;;::;
i Upon payment of said sum, Dr. Palmateer wi 11 execute : ::;:: I I
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i a little in their policy. It was his opinion that negotiations: 11
: By COIXU~O~ consent of tie Council it was agreed that the i :;::; 8:
i property will be of€ered to the City free of charge. :I:::
i (c) Jose .it. Gonzaie - re: Personal injury claim, ;;::,
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; Notice of Claim for personal injuries sustained by Juan P. i b :I:#: I;*i i Qonzalez was received, the claim being made by Jose R. i ::::e : Gonzalez in the amount of $5, OW.
i By motion ,of the Council the claim was denied and- refer- ! McPherson : !x :x : : i red to the City% insurance carrier. : 3ierce +:' 3: ;
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i Name '\,'\$$, '*L,'yh, ; 'of . Y?-$, ', ep, :. Member $'@&?~s:
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(d) F. %. Lilley - re: dequest €or Council support in i :'I:: If opposition to SB I184 . Letter dated April 26, '1963, fromi +;p; Pranklin VV. Lilley, City Manager of Oceanside, attachin i i; (I1 1.:
a resolution of the Oceanside City Council opposing SB 11 4, : I,! i i which Bill prohibits public operated transit systems from: ; I I ;.I chartering buses. The City Council of Cceanside request: ;:::: ed the City of Carlsbad to oppose this 3ill on the basis : : +: :.: ; I*' ; ;.; i that ft would take away from a municipality its right of ! ;;::: home rule and local autonomy. 4 4 ,flit
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Cmn. Neiswender pointed out this Council previously weni i:::: on record as opposing this Bill. t :I:;{ ' 1.: 1 I
I I:;!: The Council requested the City Manager to sa inform the i ;;;:; City of Oceanside. I I ::+
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(e) "Viiornan's Club of Cartsbad - re: Aequest for posting 1 :::I: of barricades. Letter dated April 22, 1863, from the c ::':; i::::
-an's Clcb of Carlsbad, requesting that the City post I 1:::; barracades by the ditch on either side of the temporary : ;:::* :,::I approaches to- their property on Monroe Street, so that I ;:::i those entering and leaving will be warned. It was their ; l'(1, mderstanding that the street would be rehabilitated by I ::li:
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the time their. building was completed, however, as of ; (:I:: this date no work has commenced. * :I::, 'I
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I )If The City Engineer stated he answered this letter and 1 I ;::I: informed the Romanis Club that plans are being prepared I 1';:;
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for the construction of Monroe Street. However, it is { :iiii the responsibility of the owner to take care of their own ; !:;at driveway approaches. * 1:;::
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6 ;;;;; The Council requested the letter filed. f a :*'I: '::::
t ::;I, (f) E.. 13. Thompson - re: i.equest f0.r vacation of a I t ;61;8 portion of Jefferson Street. Letter dated April 23, 1965, i :::::
from Earl H. Thompson, enclosing a Petition for Vaca- : :t1:; :::;,
tion of Street, i, e., all of 3oad Survey No. 135 lying @ I y mithin Tracts I, 2 and 3 of Laguna Mesa Tract in the City! 1: $1 It 1 of Carlsbad. According to the petition submitted four : property owners whose property abut this road were * making the request,. It was pointed out this road was i closed to vehicular traffic in June 28, 1948.
By motion of the Council it was agreed that the matter be 1 !I;:{ 'I referred to the Engineering Department for their study an? McPhersori : :x; : recommendation, and in making their recommendation ; Bierce : \xixi ; they keep in mind the retention of it road easement €or : Guevara i t :x; i sign maintenance purposes. i Neiswender:~; i xi ; I ;#I 4
(g) E. H. Marshrey - re: Letter of appreciation. Letter I ;:'ti
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dated .April 22, 196 3, from &H-e3ding I :x:: appreciation for the splendid cooperation by. the Police ; 4:::
Department and the efficient manner in which they functio4. ;i:::
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During the week of April 15th-19th his residence at 5330 ; ;:::a Los aobles suffered damage in the form of eight broken i i::;: windows, and it is most reassuring to him as a weekend ; :::;: 'It resident, to know thzt his property is under 'such fine i Y'lf: ::it:
protection. I I ;; 1:p:
The City Manager was instructed to inform the Police ; ;I;*: Department,of this letter. ::::I
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.. &J. *' C. ..X FENNEL ?;.re;.;:,;tequest for release of pipe i 1:::: line easement. Letter dated.4 yil 17, 1963, from Claud i ,;tlll ;:;::
J; FeaneL, r"e.questing..zn '&&irp,. gwment of easement,.fQr a . : 1;::: pipeline. . ft is his unders.tanding thjs pipe line has long : :::::
since bee"n"8biindoned as far as use by the City of Carlsbad, :!:;:
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The Engineering Department-recjiiested this matter be i !::;I referred to them for investigation. I
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::pa i By motion of the Coutlcil the matter was referred to the i McPhersoni :.x: g I : staff for study and recommendation, and a report made : Bierce :x; I d ; i to the Council at the next regular meeting. i Guevara i i I $ i
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: Ma. MATTIIEVL JA.i.dVIZ, 1175 Hoover-.Street, inquired i :::'I i as to what had been done concerning the property at the i :;:I: : corner of Madison and Grand Avenue.
: The City Manager informed the Council this matter was i :'I11 i referred to the former City Attorney, and the Building i :t:::
i Betts. I
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: PUBLIC HEAdING: :::I, I:!::
1:::; i (a) Reclassification of certain property from Zone d-~ i !:I:: 'I : 10,030 to Zone A-1, located on the northerly side of i Basswood Ave., between Canon Street and Donna Drive; ; I:':: : Applicant - Maureen McInerny Rorick.
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i to the property owners and as to publication of notice. : ::;:; :L:;
; I. Resolution No. 293 of the Planning Commission was read i ,iiii: til ;:;::
t wherein they recommended reclassification of certain i *:;:: i areas as outlined by lot number in said resolution, from i :::I:
1 zone 8-A-10,OOO to zone R-1-10,000, R-1-9000 and :::::
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f A memorandum from the Secretary of the Planning Corn- + i ::::; ;::;I i mission was presented for the Council, dated May 6, 1963, ::;I: I;;!: 1 stating that at the regular meeting of the Planning Corn- : :; i mission held April 23, 1963, there were twenty-four lettebs I ii: i of protest read. The names and addresses of all the pro-: :!::: :I::: : testants were read. The chief objections were (1) the i ::::I i homes immediately surrounding the area are custon built : ;:::I : homes, and a tract development would devaluate their i I;:,: ;11:*
i property; (2) a tract development would result in the re- : l;;ll ::I:: ; rnoval of a great majority of the trees; (3) some of the i ::I:; i purchasers bought their homes on the premise that this : II1:I :'I ,*: : area was zoned 10,000 sq. feet and would remain so; and : :i*:: i (4) property suitable for higher type usage should be pre- : ;l;fil
1 served. I:;:* 1;
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181 '; I The Clerk also informed the Council that letters of protesf: $::4
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i Diane D. Cockran, 3170 Falcon Place 1
; Marjorie Montague Davis, 41 3 S. McCadden Place, L. A. i :I:::; i Carl 3. Bernhart, P. C. Box 22, Carlsbad *
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r Inspector obtained information on this property fur Mrs. : ;:::;
I The Cauncii requested this matter pursued further. :L:;
i requested the Council io give consideration to adopting ; :::::
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I Policy statement - re: Public hearings. Cmn. Bierce i 1::s: I presented a policy statement regarding public hearings ; ::::: i before the Council and the Planning Commission, and I ;::::
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i After due consideration by the Council, by motion of the i McPhersonl I I :xi i Council it was agreed that the policy as presented be : Bierce !xi i x! ;
; adopted, i Guevara : 1 : x i
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I s $ : .The Clerk certified as to proper notice having been given i I ii::; :x;;
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I were received prior to ?:SO P. M. from the €allowing ;:::: iiiii
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: David and Phy1lis.J. Freistadt, 5325 Seacrest Dr. I :i:::;
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I i i A letter of protest was received after the hour of 7:30 P. @. I 1;::;; l1
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i from Gregory W, Losa and Katherine J. Eosa.
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4 :::;j i The Mayor announced the Council would hear from the i ;I 1::;; i applicant or his representative at this time. I1 I
; Maureen dorick, and the plan as presented by the Planning i;::: i Commission they feltwas a sound plan. Also they felt 1 ; : 1.; 41 I ; it was just for the surrounding property owners. Whatev4r :::I: 1::::
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! wishing to speak in opposition, and requested that each ; -; I ; I( l 1::
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1:;:: : The following persons appeared before the Council and i I ;::I: 14;:;
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; Et.. Col. T. E. Metzger, USMC, 3590 didgecrest I I ;:@Il 1 ::i
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f J. E.. Jardine, 3301 Belle Lane I :::*: I :;;I: )I,@*
:;I:: :&:': i Mrs. Douglas Hasselo, 3482 Donna Drive $4: :;:;;
;*:*I i The Mayor declared the public hearing closed at 8:25 P. M. I 1:::: ;::;: :::;: 1 :::I:
i was pointed out that it would not be legal to zone the area i 1(1 1:::;
i Mr. Melton, Planning Technician, presented a map that i # ::::;
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I i Mb. DAVID &GltICK, stated he- was representing 4
i the Council and the community decide would be satisfactorfy ::;I: ; to them; ;ttli
i The Mayor announced the Council would hear from those I l:;ll
: person lirriit their speaking to three minutes.
i spoke in opposition to the proposed reclassification: : I i Georg Geiger, 3199 Donna Drive
i Shaler Ladd, 1810 Oak Avenue
I Carl Bernhardt, P. 6. Box 22 i Don Moss, $214) Belle Lane
: Mr. David Freistadt, 3525 Seacrest Drive
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i Discussion was given among the Council memhers. ft i ;::;:
i as recommended by the Planning Commission, due to the ; i:;:: ; fact the zoning had been recommended by rekrence to I ?:;:I :Il*: i lot number, and the proposed tentative map was not con- ; 1:::; : sidered at the hearing before the Planning Commission. i ii:!:
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i he had prepared that covered the approximate area as : ::::: : that proposed by the Planning Commission, however, the i ;::;: i lot numbers were omitted.
i After further discussion, by motion of the Council &sohi McPherson I ; ;x: I : tion.No. 898 was denied, as this resolution had been pre- i Bierce z: !x; i i pared in accordance with the recommendations of the : Cuevara I : :x; t
: Planning Commission. i Neiswender: !x !x: i
J by motion of the Council it was agreed in regard to the i
I entitled "Rorick Reclassification", dated 4-9-63, aeceipt : :I::! ; No, 391 3, that the area shown in yellow be rezoned 8-10 : ;:::t
: and that the remaining area be rezoned R-1-7500; that i McPherson i jxIxi 1 i metes and bounds descriptions of these rezoned areas be : Bierce 9 i :xi ; : drafted, and that the matter be referred to the Planning i Guevara ; ; :x: i i Commission for report back to the Council. : Neiswenderj : !xi ;
i A short recess was called at 9:OO. The meeting recon- i
I vened at 9: 15 P. M. ;::Il ::;:;
; Mayor Guevara stated he would like to take this opportun- j ;I8l:. i ity to thank all the persons who had anything to do with : $4:
(lII+ I excep~onally. well this year.
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i (a) &solution No. 291 of the Planning Commission -, re: ! Il 1'
; Findings and report .for tentative map of Ocean View i Subdivision.
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: After further consideration by the Council of the Map, i i+; tt i requested rezone as indicated on map marked Exhibit "A": ;I 5;:;:
; which map is on file in.the office of the Planning Secretar$, ::::: ii:::
i 10,000, that the area shown in orange be rezoned &-l-SOOb, :;;::
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: the Spring Holiday event, as he felt it had been handled i t:i:: ;;;:a
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I I I '11 XI*!l .I I i LZesolution No. 291 of the Planning Commission was re- i ! viewed, wherein they disapproved the tentative map of i : Gcean View Subdivision. I I
: Memorandum from the Planning Secretary, dated May 3, i i 1963, was presented, stating their reasons for disapprov: : ing the map were as follows:, (1) There is no access to i i the proposed subdivision; (2) Access to the subdivision by; i extending Donna Drive is not the Cityts responsibility; i ; (3) To enter the proposed subdivision area through Lot 59: i would be nullifying deed restrictions and covenants on that i property; and (4) It is the redponsibility of a subdivider to:
t provide access to landlocked subdivision. I I
i Letter dated April 7, 1963, from Mr. and Mrs. Paul i
; aalker, 3700 sitest Xaven Drive, opposing the extension : I of Seacrest Drive for an access street. 8 1
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6 i It was pointed out that access to a subdivision is a neces-! : sity and a requirement. The subdivider would have to : i have access to the subdivision prior to the final map being
t approved. If Donna Drive were connected then the sub- ; i divider would have access. I
i The City Engineer gave his report on the tentative map, j i stating the map complied with all the requirements except: i as to access being provided. He recommended that the i : subdivider acquire fee title to the proposed extension of ; i Donna Dr. and the proposed extension of Ccean View Dr. I : connecting with the proposed extension of Donna Dr. > 1 i off-site of the proposed subdivision as shown on the map, i : at his sole cost. I
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I I I :vi;; 1 After further consideration by the Council, the following i a:::, i resolution was presented: I
; Sesolution NO. 903. A BESGLUTICN OF T9E CITY i $:'ti
: TZE TENTATIVE NfiP CF CCEAN VIEW SUBDIVISIONi McPhersonl :xi xi : 11 2; i SUEJECT TO ACCESS EZItJG CBTAINED AS SSCWN i Bierce !x: :x: : ; GN TEE MAP, was adopted by title only and further ; Guevara : ; !xi : i reading waived. : Neiswender! I !x: :
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i CCUNCIL OF THE ,CITY CF CAZLSBAD, APPKVING :
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I i (a) Approval of pipe license with A. T. & S. F. Railway - j : Tamarack Ave. crossing. h new pipe line for the re- I i habilitation of the water system is being installed in : Tamarack Avenue and will cross the railroad track. The i i A. T. & S. F. Bailway CO. require a license from the city! : when a pipe line is relocated. The license agreement has: i been received and needs to have the Mayor's signature. i
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I i By motion of the Council the Mayor was authorized to i McPherson ; I f x' I l*;;' i execute the document on behalf of the City of Carlsbad, ; Bierce i and the Clerk instructed to attest the signature. I Guevara ; Neiswenderjxi :x: l
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I I !I 1: I (b) Acceptance of 63' roadway easement from Pacific J ; Vista Estates, Inc. to the Zity. The Walings properties i
! in Lot 8 of Bella Vista Tract, held rights of a 60' road : 1-
~ - ~ .. I easement over the norther€y-60' of suvbject property. I 1 i Pacific Vista Estates, Inc, , acquired the rights of the 6W !
; road easement when they purchased tie .Holiday Manor i i property. Pacific Vista Zstates, Inc. is willing to grant i ; these rights to the City, and it will be necessary for the ; i Ccuncil to accept this grant of easement. I I
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1:;:; :!!;: I By motion of the Council the 60' road easement was ac- i McPherson I ; ;x: : *;;I'
; cepted from Pacific Vista Estates, Inc., and the Clerk i Bierce F i :x: 1: I : instructed to record same. ; Guevara : ; :xi. i
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i (e) Purchase of Tractor-loader - Water Department. I I 'It:
I ::;: ; Monies were allocated 1n the budget €or the purchase of i :;I: i a Tractor-loader for the Vdater Department. They asked ; :*'I 11
I for bids, and Palomar Tractor Co. was the low bidder i 1;*1 :::: i in the amount of $4, 215.00. I I ::;;
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I i By motion of the Coutlcil the bid of Palomar Tractor Co. I McPherson i i ;x; kll$
; in the amount of $4,215. OG was accepted by the Council. ; Bierce I :x;x:
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! I s t!!l i (d) Approval of plans and specifications Uriit No. 1 - i JointTewerage project.
i The plans for Unit No, 1 of the Joint Sewerage project weee
i presented for the Council's review. I 1
i Subsequent to the Councilfs discussion, the following resot. i lution was presented: I I
I i3esolution No. 900.. A SESCLUTION OF THE CITY
i APFi3GVING COIkTUCT DGCUMENTS AND PLANS i I AND SPECIFICATIGNS FCd CONS'I'LIUCTICN OF A.N : I OUTFALL SETViiEEt, METE3 STATION AND PUMP STA:
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I I I I 5 1 " I CCUBSCIL CF rxE CITY OF CARLSBAD, CALIFCRNIA~
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: TEN FCX THE Vk3TPA SANTAT1E.N DISTRICT AND i McPherson j i :x: I' i TEIE CITY OF CAWLSBAD JGINT SEWEiWGE SYSTEM i Bierce 1 :x ;x: : UNIT 1 (W. C; 2785), was adopted by title only and furthe! Guevara : i :XI i reading waived. 1 Neiswenderi ; ;x; ! 4 b;.l
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I I 4 I ! i (a) Report from Chairman of Library Building Committeei I Letter dated April 29, 1963, from Arthur VI. Spivey, * t : Chairman of the Library Zuilding Committee, stating Mr. i i Melvin, the architect, presented his schematic drawings I I of the proposed new library building, and the committee ; { unanimously accepted the drawings as presented. The I : committee voted to recommend to the City Council that i i the architect continue with detailed drawings, specifica- i
I tiona and cost studies; that the building contain approxi- : i rnate'ly 16, 086 sq. ft. and cost not more than $323, 000. I ; It further recommended that architect's fees, furnishings : i and equipment, landscaping and building of parking areas i : make the total cost not to exceed $400, GOO, and that funds I i for this project be provided within the library budget. I + I I I
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! Letter dated May 3, 1963 from Dr. Merkle, one of the i i members of the Library Board of Trustees, stated the I i Board has previously concurred with the findings and I I : recommendations of the Library Building Committee, and i i it is their hope that the Council will concur with the find- : : ings and recommendations of the Committee. t I
i Cmn. Neiswender stated the plans as presented were well i i received. It was his feeling the design as presented is I : something the people of Carlsbad can be proud of. I 1 :
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: By motion of the Council it was agreed that the architect i McPherson ; : !xi i continue with the detailed drawings and Specifications and 1 Eierce b i :x:
I the cost study of the project. ; Guevara i ; ixl
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1 NEVi BUSINESS: I 1 I ;;:I
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t ( a) Acceptance of easements - Joint sewerage project. i i Letter dated April 29, 1963, from the Department of ; Special District Services, was received, wherein they i i enclosed easements from Lawrence i4. Felt and Carolyn : ! Felt, and Aobert L. Earrows and Lorraine Barrows, I I i in connection with the Joint Sewerage project. They re- i
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I I *'I;' ::::I :: quested the City of Carlsbad to accept these easements. i :::I ; 1':
It:$ i By motion of the Council the. easements &om the Felts i McPherson i : ;xi : and the Barrows, were accepted on behalf of the City of i 3ierce 3: ;xi i Carisbad. : Guevara : ! :x;
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I I I i I Neiswenderj :xixi I,. 1 (b) Supplement to agreement betweeti,Vista, Sanitation i 1 District, Engineering Science, Inc. and the City of 1 I i Carlsbad. The Council was informed a Supplement to f i the original agreement betweeti the above named parties : : has been received. In the original agreement it referred i i to the County Public Rorks Department. The name of : : this &pal-tment has been changed to Special District 1 I I Services Depaktment. Tiis supplemental agreement is 1 ; for the purpose of substituting the name of Special District i Services Department. I I I
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I I 11;; : By motion of the Council the supplement to the original i McPherson i ; :x: ; agreement between Vista Sanitation District, Fngineering i Eierce z: !xi i i Science, Inc. and the City of Carlsbad was approved. : Guevara I SI t :x; 1
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i (c) iiesolution No. 896 - re: 701 program. In connection: i with tne planning and feasibility study for the small craft : : harbor, a resolution has been prepared requesting plannink i assistance under the 761 program. I
i The following resolution was presented for the Council's i
i consideration: 1 I
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:& : desolution No. 896. A iCESC-EUTION CF THE CITY I ; 8 I.; i COUNCIL OF TFIE CITY CF CAALSBAD, AEOUESTIDG: ;::; 4:: i PLANNING ASSISTANCE UNDEd CiiAPTEA 1641, I ;;:I ; STA.TUTES CIF 1959 CF THE STATE CF CALIFCdNIA; ! McPherson. 1 i $xi ;I :I
i AND AUTHGdIZING TZE NiAYCd TG EXECUTE ALL : Bierce k' ;x:
f NEZESSAHY DCCUMENTS, was adopted by title only and i Guevara ; ; !x: 1: I
i further reading waived. : Neiswender i : :xi
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i (dl itesolution No. 897 - re: Small Craft Harbor Loan 1 : Application. In order to obtain a loan from the Small r i Craft Xarbors of the State of California, for the purpose :
! of preparing plans for a small craft harbor, prior to an i I application being submitted, it will be necessary for the : : Council to adopt a resolution authorizing the City Manager! i to make application to request such a loan. I I I t 1 I 1
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I!!* i The following resolution was presented: 1 t ::I:
I t :(:I i desolution No. 827. A iCZSOLUTICN OF THE CITY I I $1: "I
: CCUNCIL OF THE CITY CF CAALSBAD, i3ECUESTINGj :;I1 I::: i A LOAN F&GM THE SMALL CISAFT 3Ai%ECn&S OF THE i:;;.
I STATE GI? CALfFOdNIA, FCiZ THE PULePGSE OF I :::: ,"t *I15 I:'
i OVEX THE SUBJECT P&CPERTY, AND CEdTIFYING i McPherson ; ix:xi )*I1
: T3A.T SECTICNS 6499.6 AND 5828 OF THE PUBLIC ; Bierce ;x: ;x; i hESOUdCES CODE SAVE BEEN CCMPEIED ViaITH, : Guevara ; i ;x: i was adopted by title only and further reading waived. i Neiswender! ; :xi
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i PiIEPA+UNG PLANS FCd A SMALL CaFT MBBO&, !
i CEBTIFYING TrfE CITY'S INTESEST IN CGNTiEL I ;I1 1:
I : Proposed ordinance €or cigarette vending machines. i Mayor Guevara proposed an ordinance for cigarette vend- i i ing machines, which it would make it unlawful for any one : ; to have a cigarette vending machine on a. premise that i i was not supervised at all times. 1
i The Mayor stated cigarettes are too accessible for young ! i people, and if some type of ordinance were adopted where i : there would be control over these machines, he would
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! I ::!; t I i Ctnn. McPherson stated he did not smoke, but he did not i
I feel it could be enforced.
! Cmn. Neiswender stated he agreed in principle, 'but felt ! i it would be imposdible to enforce. He sbggested that eaclj
i member of the Council try and come up with some ideas: ; i along this line.
i Committees. The Mayor informed the Council he had i I made some changes as to members of some of the com- : : mittees. !
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I i Mayor's Committee: The members would remain the sa4e. :ti;
:'I1 i Library Committee: Councilmen Neiswender and Bierce. : 1':; ;: : Li&iSon Committee: Councilmen McPherson and Guevara.i 1:::
; Chamber of Commerce Committee: Councilman Neiswender. ::I1 I;:: I Auditing Committee: Councilman Hughes, payroll 1 I i:ii
I Councilman Neiswender, bills. I I;;# !
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I I 1 i Mayor Guevara further stated it is his feeling there shoul!
f be a Mayor's Youth Committee. This would include youthl; I from the ages of 13 to 19. Tony Hardwick expressed his : : willingness to serve on this committee. He would also I i like to appoint John Slater and Cmn. Neiswender. t
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I I I i GLD BUSINESS:
i (a) Freeway agreement - El Camino &ea1 and Vista T,Gay, i : The City received a Freeway Agreement concerning the i I interchange at Vista Way and Zl Camino deal approximat+-
! ly three years ago; however, the plan as presented at that; I time was not acceptable to the City. They have recently i i presented plans that are now acceptable by the staff. I
i The plans were presented for the Council*s review. Afte; ; discussion by the Council the following resolution was I : presented for the Council's consideration: 1
f iiesolution No. 901. A RESCLUTICIN CF THE CITY
! THE MAYOiZ TC EXECUTE Fi3EEUAY AGgEEMENT ;
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I 4 I I I I i COUNCIL OF THE CITY CF CAdLSBAD AUTHGi3IZINq
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:;I* I: ;:*! : BETWEEN TSE STATE CF CALIFOS,NIA, IN THE i McPherson; ; ixi i VACINITY CF STATE SIGN &CUTE 78 AND EL i Bierce h! !x: : CAMINO 8EAL (3oad XI-SD-196-Cbd), was adopted by ; Guevara ; ; :xi i title only and further reading waived. 1 Neiswender! ixly
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I I I \ (b) Second reading of Crdinance No. 9146, amending i Crdinance No. 9068, by changing the wording and allowin
0 I I ii5 A i was presented for a second reading by the Council: Y I 4 1 , !
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!!&I i Crdinance No. 9146. AN Gi3,DINAKCE CF THE CITY i ; CF CARLSBAD AMENDING C:&DINANCE NC. 9960 EY i i ADDING TG AND DELETING CEdTAW WO&DS IN : SUBSECTICN (2) AND (3) GF SECTION 900, Ai3'I'ICLE : 1,;'
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: 9, TC ALLOR 8ESTAUiUU-TTS IN MOTEL$ AND I;;# I McPherson: ; j i i "CN SALE" LIGVCUa ESTAE.EISHMENTS IN E-I@TELS : Bierce i ixix: [ AND MCTELS IN TEE CITY CF CASLSBAD, was given! Guevara : : ax: : a second reading by title only and adopted. i Neiswenderixi ! x{
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I \ (c) aesolution No. 899, extending appreciation to Far1 H.: i McPherson as Mayor. At the previous meeting the City : : Attorney was instructed to prepare a resolution of appre- i I ciation to Earl K. McPherson as Mayor of the City of t ; Carlsbad. The following -resolution was presented for i i the Councilrs action: t 4 4 I I I I I I 1 I I : I I I I 1 I I I
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I I :I;;: : Resolution No. 899, A 3ESCLUTICN C.F THE CITY I ::;::
I UNGIL GB' THE: CITY CF CArlLSBAD, EXTENDWG I I) ! P!PPrtECIATICN TG EA= He MC PSESCN FQi3 :::I: : McPherson: : : I : i SE&VICZS RBNDEi2ED AS ZVLAYCR OF THEE CITY GF .-i Bierce !xi ;x: i
; CARESBAD, was adopted by title only and further reading: Guevara : : :x! ! i waived. i Neiswender I i xjx: i
I I ;;;:: Ill ! CITY ATTQiXNEY'S SEPG8T:
i San Luis Aey Nater Aights. Two gentlemen from the Firsf ; American Title' Insurance & Trust Company in Santa Ana, i :;ii;
i called regarding the City's water rights in the San. Luis I !;'I'
I i;: i dey Valley. Their problem is that they issued a policy : '::$ l of title insurance on land in the San Luis &ey Valley, and i It :I;';
i they failed to list our primary water rights. As a result I I;:; ::;:~
I thereof, the title company paid off its insured and ended : :; I ti: i up as owner of the parcel. They would like the City to I ;:I#: : have possible drill sites specified on the land so that the ; :ii:: i rest of the property could be developed in someway, ''1); :::;
I I :'#I i The City Attorney recommended this matter referred to i :!I:
: Mr. Paul Engstrand, Attorney at Law, who handled the ; :;:: :qi i San Luis itey Water suit, for his opinion, The title
! company is willing to pay Mr. Engstrand's fee for this i ;:I' :i i opinion. I ;::: * I 1::; I By common consent it was agreed this matter be referred! :*I1
1:;; : to Mr. Paul Engstrand for an opinion. k ::;;
I :::; i Agreement .. Librascope Division - General Precision, In&. :';: si*, i Librascope is requesting a license from the City to enable! ii::
: them to make tests in the Calaveras Lake. They have : ;::; I prepared a license agreement between the City and Libra-! 1::: 1 scope, which has been checked as to form and content. : i:::
I I :I!: i The question was asked if these tests would contaminate ! $1: ;::I : the water. t ::I;
5 ::ii i The City Engineer stated he discussed this with members i :;;I i of the firm, and he did not feel there would be any probfeas !;4 :;:: : as far as the water is concerned. b I i': 1 :; I
1 4:; i Ey motion of the Council the Mayor was authorized to i McPherson i i xixi i execute the agreement between the City and Librascope I Bierce b i :x: : on behalf of the City of Carlsbad. ; Guevara : ; :xi
I I : Neiswender! : ; 1
I M&. KAY KALICKA was present and stated he would like i ii:;
i to bring to the Council's attention that the drain installed i : by the subdivider in Lebarr Unit #2 was eroding lands : :::; i owned by his company. Before this subdivision is finaled i i;q : out he requested the City to take this matter under con- : i sideration. I 9 :+:I ;;'a
I * I $2 i The City Engineer informed the Council they are aware i 11:: :i:: i of this. The plans did call for a different construction : i::: : than was constructed. They intend to correct this matter.! It:;
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I (:'I i Cmn. Neiswender asked if the City errored, The City i :::; i Engineer stated the City did error at the time of inspectio;. :I 1;::
I I :I !I I I 6; i Mr. Malicka further stated approximately two years ago ! t::;
: they entered into an agreement with the sc'nool district : ;:'&
1:: i concerning improvements for Tamarack Manor subdivisio? :I ll::
: and also for Holiday Manor subdivision. A letter is on ; ;::;
I file wherein the school district agreed to enter into an : ;:::
,'e: ; agreement to pay their share of the improvements at such: ;::I i time as the Junior, 3igh School is constructed. It is now t 1;;;
; his understanding that the County Counsel's office has I ::;:
::;e I ruled the school dist,rict cannot enter into such an agree- : :::: : ment. The.ir company has between 5 and '7 thousand dollalf,s i:::
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invested in this project that is the schdol1 s share. 1 I 11
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b I I i The City Attorney stated he has been dawn to the County I : Counsel's office. They want one of theip agencies to ask i i for assistance;. Mr. Clarke was surprised that these : : improvements were put in without an agreemeni being I I entered into. i Cmn. Bierce informed the ~ouncil Mrsi Betts was in- : structed to prepare an agreement back in November, 1961;
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I,!l I 1 1i;t 1 The City Attorney was instrkcted to investigate this matte$ *#I:
I further. The Gity Engineer requested Tamarack extensio$ :::: I also be included. 1 I i;;;
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1 : CITY MP-NAGEL%tS SEPCZtP. 1 I I I I I I I I Waje:r pollution control board. The City of Carlsbad I I i received 28.78 points out of 30 points. This will be re- i : ported to the State Water Pollution Control Board in 1 I i connection with the 660 grant application.
i Fire protection for North Carlsbad. The City Manager i f reviewed the past action by the Coum il concerning the : \ fire protection for North Carlsbad. Their 90 day extensiob i was up May 6, 1963, at midnight. Mr. Craven was called! : today and he indicated that nothing had taken place as yet. ; : Me also stated he was going to contact someone in the i i area, however, no word has been received at yet. I
I It was the feeling of the Council members that before i
i this service is cut off the property owners should be : notified.
i By motion of the Council it was agreed that the fire pro- i i tection for North Carlsbad cease as of the date of notice. I
t Determination of charges for a 6 inch water meter. Theri ; is no rate set up for a 6'' meter. The property known as ; i "The Village" has a 6" meter. This size meter makes a i ; demand on the system. I I
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i Cmn. McPherson requested this matter referred to the I i staff for a set charge on all type meters, and that it be : : compatible with other cities. I I
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I I 1 Freeway Agreement - 161 Freeway - south end of City. : t A new map was presented for the Council's review, which i i indicated off-ramps at Cannon Rd; at such time as Cannon: : Xoad is improved and dedicated to the City of Carlsbad. ;
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1:; I:; I:: ::: ::: .I* ! Cmn. Bierce informed the Council that as of this afterno04 i the property owners concerned have offered to deed their i : property €or the necessary right of way for Cannon-%ad : i east to the Freeway. Mr. Gwens from the San Diego Gas i : 8t Electric Co. informed him they are negotiating with : I Mr. Ecke to exchange property concerning lands east of i if: i the Freeway. I 1:' # I !I:
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I I ! The following resolution was presented for the Council*s ; \ consideration: a
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::1 I. ; &esolution No. 902; A AESGEUTICN CF THE CITY i CCUNCIL CF THE CITY CF CAhLSBAD AUTWCXZING! ; TBE MAYC.3 TG EXECUTE FBEET&AY AGi3EEMENT i ; BETWEEN ,THE STAT% CF CALIFCTLNLA ANT) TkIE I CITY CCVERING U, S. 181 BETWEEN TEE SOUTH I McPhersoni : :I
! CITY LIMITS AND 0.3 MILE NGRTZ GF ZA.NNCM *i Bierce ' jx:r i. ROAD (Koad XI-SD-2-Cbd. 1 was adopted by title only and i Guevara : ; :I : further reading waived. ; NeiswenderIx: I* :>
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I Cit Audit. The City has been accepting proposals for i i t e ~Ity udit for the year 1962-63. The local CPA did : i not wish to present a proposal. Peat, Marwick, Mitchell! : 8~ CO., who have been doing the Audit for the past years i i and,a firm from Pasadena have submitted proposals. 'The
I Pasadena firm submitted a proposal in the amount of i $2400.00 and :Peat, Marwick, Ntchell & Co. submitted i : a proposal in the amount of $2860.
.i Cmn. Neiswender recommended the City accept the low i s't;
: bid. Cmn, McPherson stated he- would prefer to use a ; ii::; : local concern,
i By.motion of the Council it was agreed that the bid of i McPherson; !x: x I t Peat, Marwick; Mitchell & Co. be accepted. ; Bierce !x: I 1 ~
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i The motion died for lack of a majority. The Council re- i ;::: I quested th,is matter deferred until Cmn. Hughes was ; present.
; Batske property.. An appraisal was made of the Patske ! I;;@
!. property in3he amount of $25,116. An offer of $25,300 i ! was made to Mr. Patske and he accepted the offer. :::I
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i By motion of the Council the City Manager was instructed! McPhersoni : ; 4 ::;'
; to open an escrow on behalf of the City of Carlsbad for i Bierce f :x+
'I : the purchase of the Patske property. : Guevara : : : 4
* ;. 4 I Neiswended x: $1 i 5 :;::
:;I: : for the purchase of the Dusenbury property. I t ii;:
4 a 11;: f Cmn. Bierce inquired as to when the City was contemplatf :::I
i ing installing the voting machine for the Council chambers,. ::;i
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I The City Manager stated he would have the Building In- i ii'i
: spector check with the building officials in La Mesa I i:$ i concerning their machine. ::;:
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i Assembly Bills 2353 and 2409. The League of California i I::;
1::: i Cities recommend that the.cities go on record.as opposingj ::it : these two bills. A3 2353 concerns the dissolution of I i:;; i County Sater Districts when they become entirely include! 1:;;
: within the corporate limits of the City. AB 2409 provides; : ;.; 1
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;:a1 I for 'the procedure for the re-formation of a county water i ;: : district following a merger of such district with a muni- : ::;I
i cipal corporation by operation of law. I I :i;i
# I e :;;; i The City Manager recommended these bills be opposed. i :'I: I#:;
'I By motion of the Council it was agreed that the Council i McPherson : !X! X! : go on record as opposing AB 2353 and AB 2409. ; Bierce ;x: :x:
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4 I i The Council was informed that negotiations are under way:
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I I ii;: i RATIFICATION OF EXLLS P,MR PAYi%EGLL:
1 4 ::;: i Aatification was given for the bills for the general expens4s I'lt ; of the city in the amount of $15,599. 39, and for the Water: McPherson : : :Xi
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i Department in the amount of $7.334.62, for.the period i Bierce : ixix: : April 16, 1963 to May 7, 1963, as certified by the Direct-: Guevara i : #x: I or of Finance and approved by the Auditing Committee. i Neiswenderlxi !X!
I Aatification of the payroll was given for the second half i McPherson : I XiX! : Qf April, 1963, in the amount of $17, 796.93, as certified : Bierce F i :Xi I by the Director of Finance and approved by the Auditing { Guevara : ; !x:
! Committee. ; I Neiswender; : ;xi
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I I i ADJCUI3NMENT:
I I i BY proper motion the meeting was declared adjourned at : 11:21 P. M,
1 I I I I i Respectfuily submitted,
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