HomeMy WebLinkAbout1966-05-03; City Council; MinutesI
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!CITY OF CARLSBAD I I I '\ Q, 't,
;cli nutes of:
:Date of Meeting: May 3, 1966 ; N a me ''.8 '.I !Time of i4eeti ng : 7:OO P.J. : of :Pt 1"""""""""""""""""""""""""""""""""""~""~"""""-"- ace of Neeti ng : Counci 1 Chambers : Member
!ROLL CALL was answered by Councilmen Neiswender, i !Atkinson, Dunne and Jardine. Also present were i :City iclanager ibtarnaux, City Attorney !.Jilson and I I !City Clerk Wdams.
~IblVOCATION was offered by idiayor Atkinson.
:ALLEGIANCE to the Flag was given.
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t APPROVAL OF ~UTES: !
!(a> ilinutes of the regular meeting of April 19, \
j1966, were deferred until the next regular meet- :
!Council in time for review. !
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ting, due to the fact they were not received by thi
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!CORRESPONDENCE:
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:(a) The Council recognized a letter from Mrs. Ivd :M. Grover, thanking Mr. Toby Thornton of the Engi- jneering Department for his prompt service in cleaq- iing the City's frontage on the lot next to her f :property. I I
!(a) Also a letter from dr. A.R. Andrews, 227 b'iontje !Vista, Vista, California, dated April 16, 1966, it!- iquiring as to the possibility of obtaining a. :special use permit at Calaveras Lake for recrea- i :tion purposes, and stating the use he proposed ;
!to use the area for.
:The City Aanager informed the Council the Parks I jand Recreation Commission has reviewed this re- : :quest and have submitted a memorandum on the mat- i Iter which the Council has received. I *
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I ! !ORAL COE4IIUI'!I CATIONS :
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:There were no oral communications. I I I I I I ! jPUBL I C HEAR1 NGS :
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5 I I ! I :(a) (Continued) Reclassification of certain pro- i :
iperty located between Laguna Dr. and Elm Ave. I icontiquous to the Mesterly side of 101 Freewa;, i Ifrom Zone R-1 and R-3 to Zone C-2. Applicant: I iLPR and Filorton and Dorothea E. iielsen. This mat- i fter was continued from the 1 ast meetinq as the ! iCounci 1 wished to review the area due to the evi- [
jdence and testimony given at the public hearing. ;
!The Mayor announced if anyone had anything to add I Ito the evidence presented at the fast meeting the I iCouncil would now hear from them.
!$?I?. JOE PARISI, representing the applicants, read I !a statement, concerning access to the proposed de; :velopment. Access to these properties is avail- i !able primarily from Grand Ave., and although ac- ; :cess from another source would greatly enhance I ithe development of these sites, they feel that : :the Grand Ave. access would still serve adequatel$. /Additional access occurs at Laguna on the North : :of Portion "B" and a private road would open the : :area involved. One of the most important features! :concerning the development of ''Aii and "6:" is I : !egress. Therefore, their engineers met with Stat$ ;Highway officials and discussed an alternate f :egress from the Freeway.
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!Mr. Parisi further stated the geographic location! !of the property is such that a commercial develbp; :ment would cater to tourists and other travelers. 1 !They consider the highest and best use of the :subject property to be a Motoris;t Inn, which \should include a restaurant and pcssibiy gift f ishops. The first area they feel would best serve; :the need is Portion "A", and they will exert im- i jrcediate efforts towards the development of this t ipcrtion. I
!PIR. RICHARD DAVIDSON stated he owned property on ! :Home Avenue. He could see where the plan as sub- : imitted by dr. Parisi would enhance the City some i i IO to 15 years from now. The property owners on i :Home Ave. invested their money in a home. To I :change the zone as requested would not enhance i :their property, but would be a step towards I"itr. :
!Smith requesting a C-2 zone.
Iiilr. Davidson was informed the only property being: jconsidered at this time is the Nielsen property, ; ;as the Planning Commission denied the request fori
IblRS. JOHNSON, 988 Grand Avenues stated the motel i :would be built on the Northerly section. Once i
:you have one portion zoned commercial then there ! ;is nothing to prevent the next section from becomi :ing commercial. Grand Avenue is so narrow now i :that if it were not for the Davenport property ; !being vacant land cars could not turn around now. I :She would not object to apartments being built, : :but did object to it being used for motel purpose$.
iCmn. Dunne stated that the portion presently tone!
iR-3, apartments or motels is a permitted use. In-: :gress and egress to the commercial area is the i :problem. In his opinion there should be access ; :from Elm Avenue. There is no assurance of access i :from the Freeway, I I ! t ! Cmn. Jardine stated he was concerned about the I !City taking a position to have the State Division! :of Highways construct an off-ramp from the Freewaj I to this development. I I
iCmn. Dunne inquired about the Planning Commissionfs :feelings as to access to the commercial area. I I
;it~-. Don Schoell informed the Council some of the i :Planning Commissioners were concerned with access:
iCmn. Jardine stated Re felt this matter should be: jshelved until proper access is acquired from Elm ; :Avenue.
iCrnn. Neiswender stated he would like to have this:
:and that the staff work with the developer. I f
:Mayor Atkinson asked the City Attorney if the I !Council could ask for a precise plan and access i :to the property? I I
:The City Attorney informed the CoufiCi? the Council :could reverse the decfsion of the P'lanning Comb i
:mission for further study as to access. 8 I
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i rezoning tile two northerly parcels. I * I
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jnatter turned over to the staff for a vecise plaq,
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i3y motion of the Council the application as re-. iNeiswende1 !quested was denied, and the matter returned to th8Atkinson :Planning Commission for further study ss to a prciDunne jcise pfan and direct access from Elm. Avenue. iJardi ne
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!(b) (Continued) Resolution of Intention #56 of ! ithe Planning Commission - re: General Plan. Mayorj :Atkinson announced Yr. Paul I'ieal was unable to : !be present due to his wffe's illness 3 therefore, i
i the pub1 ic hearing on the General Plan would be : !continued for two weeks at the regular meeting i :of the Council. I I I I 1 I !ENGINEERING:
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!(a) Final Map of El Camino Wesa Unit #4 Subdivi- i :sion. Trirstz Drive has been changed from the I Itentats've map due to topography. The Engineering! :Department recommended to the developer that they: {extend this street to the Southerly boundary. Thd :abutting property owner had no objection. It has: :been necessary to have an off-site drainage ease- I
!rnent and this has been accomplished. There will : ;be an 13" conduit with rip rap and hydralic retiri- Iment. The developer has entered'i~td an improve--' lment agreement, therefore, the Engineering uepart? Irnent recommends the Council accept the final map I jof:El Camino Mesa Unit X4. I I
!By motion of the Cotincil the final map of El Cami(oHeiswendc ii'ksa Unit #4 was accepted and approved. j Atki nson
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~MSO by motion of the Council the drainage ease- i Neiswendc
jment from Pacific Vista Estates, Inc. was accepted Atkinson
land the City Clerk instructed to record the same. i Dunne
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i(b) Improvement of Acacia Ave. - R.D. 3-1965 - i j1911 Act Proceedings. At the previous meeting : :the Council was informed the low bid submitted i
:by T.B. Penick & Sonss exceeded the Engineer's i :estimate by 17.18%. The Council requested the : :property owners be notified of the additional cos% :of: improvement prior to the contract being awarded.
!The Council was informed notices had been sent to !
ithe increase in cost; .and that no protests Rad :
!been recelved from the property owners. I I
:The following resolution was presented:
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:a17 the property owners within? the district as to i
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I I I I I I * I I :Resol~tion NO. 1259. A RESOLUTIO?J OF THE CITY iMei swcnder !COrJtJCIi OF Til€ CITY OF CARLSBAD, CALIFORNIA :Atkinson :AFARDIIVG CONTRACT FOR tORK OR IMPROVEMENT ORDERED iDunne
i8Y RESOLUTION NO. 1234 OF SAID CITY COUNCIL, A.D. :Jardine :No. 3-7965, was adopted by title only and further: :reading waived. I
i(c) Improvement of Avenida Encinas - re: Orpel i !properties. A request has been received from Orpel: :Properties, for approval of a proposed plan of i jindustrial property in Avenida Encinas, namely, :
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i a Van & Storage building. As denoted on the pl ani ithey are requesting extra width drivev.says in front i of the warehouse bui 1 dings that wi 11 provide I I !prompt3 convenient access and prevent street con-! jgestion. In addition they are requesting approv-: ;a1 of a six inch (6") lateral from water line fori ivJJarehouse sprinkler service in addition to a one ; i (1") inch line for normal usage.
::+It-. Thornton, Assistant Engineer, informed the i i Council this property is located in the ''f~l" zone : :lying between Palomar Airport Road and the Encina; !Treatment Plant. The City only has a 20' easemen:
:to the Encina Treatment Plant. The development : :will be located on the East side of the railroad : I tracks. The developer proposes to dedicate approii- lmately 500 feet of right of way and to improve i i this right of viay according to City standards. ;The developer requested rolled curbs, howevers i the City recommends that a ~ype I~GI' vertical curb: : be installed. I hey wi 11 need a 1 arger driveway : :opening. As -t~ the sprinkler system, the Engineek- I ing Department would like to have this i tern re- i jferred to the staff for further study.
:By motion of the Council the driveway widths as iNeiswendev
I for a 7" lateral water line for sprinkler sys tern :Dunne
:was referred to the staff for further study. I Jardine
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i ,denote$. on the plan bjere approved and the requestktkinson
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4 I I 1 I I i (a) Idemorandun from Planning Commission - re:
4 Presentation of Harbor Report by DHJPI. MemorandmI :from the Planning Director, dated April 27, 1966,: !advising the Council the Planning Commission ).)as i jscheduled the presentation of the Carlsbad Small : : Craft Harbor report by DMJF'I for Thursday, May 12,: j1966t;s at 7:38 P.M. in the Magnolia Avenue School ; ; mu1 ti-purpose room. I I
!Mr. Schocll informed the Council the meeting placi :has been changed to the Jefferson Street School. i
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I I 1 i (b) Tentative map of Sandalvood Dale Subdivision; ;The tentative map of Sandalr,.sood Dale Subdivision :
:was presented for the Council's review. The i Council was informed the tentative map was recorn- i :onended by the Planning Comml'ssion by Resolution i !#433 in accordance with the provisions of the I I :subdivision ordinance.
:A letter has been received from the developers I jdated April 29, 1966, requesting waiver of the :
! fol 1 owing improvements recommended by the P1 an- i i ni ng Department: I I
I 1. Haiver of the requirements fer under- I
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:ground utilities on those lots fronting on Sass- i ikJood Ave. and Valley St. I I t I I .j L 2. That lot 17, which was retained by Mr. :
ihcy as part of his original property, be elimfnat :ted from the proposed subdivision due t;~ the sepat-
! ate ownership of this land. Refercnce was made : :to the State of California Subdivision Nap Act i i as amended by Assembly Bill ilo. 5822 dated !>larch : :15, 1965, Section 11535.
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8 3. That the Council consider the acceptance!
:of a pro rata share ef'tiqe.tota1 coit of-draihagc' :system to be held in trust until all of the rnonlei !are collected for a complete drainage system in f
:the area, el thesn by virtue of other developments 3 i !or a bond issue, or both. 1 I
/blr. Thornton of the Engineering Department stated i ithat in regards to waiver of the underground :utilities the Engineering Department could see i jnothing unusual and they feel underground utilitids :should be constructed. As to Lot 17, the Engineeg- iing Department recommends that Lot 17 be made a i :part of the subdivision and that street improve- : Iments be requi red. I I
\The Subdivider has asked for relief of underground jconduits for storm drainage. Previous studies ;made some years ago it was recommended that a 42" i :conduit be constructed in this area. Utimately i
ion Chestnut Avenue, however, it may be possible ; !
:to construct part of the system at this end thru ; jthe subdivision.
:Can. Jardine asked if the properties to the South I :were developed would it be possible for a district !to be formed whereby other areas could share :in the cost of the drainage? * I
:Mr. Thornton informed the Council the City was in i :hopes of assisting these developers from the Parks: jand Boulevard Fund. !!e are able to.assist in two i :instances. In other cases we .. were...fiot - one case ; jin point was Lei3arr Estates Subdivision.
iCmn. Neiswender asked if there were some other i :funds that could be used for these storm drain :
:the Ci ty '5 know1 edge.
ICmn. Jardine asked about the priority list for :
:S torm drain projects? I I
:The City Manager informed the Council it has been i jhandled on a first come basis.
jCmn. Dunne inquired about the 42" condui t as he I :was concerned about the need for this size. I I
!Mr. Thornton stated one study indicated that a
j42" conduit would be required.
$IR. DON HOLLY, engineer for the developer, stated I :they requested that tot 17 be omitted from the sub;-
:division. We referred to the Subdivision Nap Act.; jHOW@Ver, since the Engineertng Department recbmmenp-
:ed that it be made a part of the map they are re- ; :quested waiver of the street improvements. As to i ithe underground utilities, they are requesting re-: !lief from underground u'tilities on the lots front-:
:ing on both Basswood and Valley Streets. This 8 i~oulel mean double utilities. Thsy would like to ; Suggest that an underground stub be put in so that! :at such time as there are und-rground utilities i !on these streets these lots c~~;ld cannect.
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Ithe conduit wjll have to go dos~~n to the conduit I
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:projects, I and he was informed there were none to i
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:As to the drainage, i4r. Holly further stated to : i day-lite a 36" or 42" conduit is practically im- i :possible. This is a flat area. It tdould cost : i approximately $17,000 or $1,090 per lot. They do: : not see ho\+ they could be asked to construct some+ i thing that may not be used. i4r. Holly suggested 'I
ithat the developer plat up his pro-rata share for : ithe drainage and that the monies be put in a trust :account until such time as there are sufficient : i funds to construct a proper drainage system. I :They could construct a riprap. This would be an ! i isolated piece of pipe. IL is much more economi-,i i cal to build the entire systsm than a small por- I : tion. I t
: Cnn. Dunne asked Hr. Holly how the developer pro-! i posed to take care of the drainage?
i Jr. hi01 ly stated the lots would drain to the :street. The developer has to certify as to pro- ! i per drainage on the final map.
i Cmn. Jardir>e inquired as to how the developer i expected to take care of the drainage or run-off?:
i i.lr. Hol ly info.rmed the Council it was their feel -: :ing that the other properties up stream should i icontribute to the entire drainage system.
!i'ir. Thornion pointed out to the Council that ex- ! :elusive of Lot 17 this was a lot split - the back: :portion of the lot vJas sold off. Requirement fori !street improvements is part of the lot split or- I i dinance, including ~ot 17. As to the question ofi :double utilities, t3onita Yalley and Park Planor : i subdivisions bcth have poles and underground uti-! :lities were required in both subdivisions. I 1
!Cmn. Dunne stated the Council can approve the res! : olution in accordance with the recommendation of ;. ithe Planning Commission, and then when the final : :map is approved the Council can review the design! jof the drainage system.
:dr. Holly requested that the wording be changed ! ! in the resolution under item "20" to read "or such ;other method that nil1 bz satisfactory to the I i Ci ty Engineer" .
iJR. DALE ALaICI-1, representative of th2 Janss Cor-!
!poratjon, stated the developer would be spending ; !$l ,OQO per lot. Their property is located at the; :bottorn of this drainage basin, and it wou7d cost i Ithe developer $1,200 to $l,SOQ per lot for a 40' : :'lot. It was his feeling that the developer up i jstrean should pay for proper drainage. Also it i
:VJaS his opinion the City was not strict enough in i I thei r requi renlents for improvements. on lot :splits the City should insist on complete street i :improvements. Driveways should be paved as the i :si 'It washes down into the street, damages the I jstreet and costs the taxpayer money.
!After further consideration by the Council the i :following resolution was presented: I 1
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i Resolution RO. 1265. A RESOLUTION OF THE CITY i Nei swende jCOUNCIL OF THE CITY OF CARLSBAD, CALIFORF~~IA, :Atkinson :APPROVING THE TENTATIVE MAP OF SAIiDAL1.JOOD DALE IDunne :SUBDIVISION, was adopted by title only and furthetjardine : readi ng wai ved.
i(c) Appointment to Planning Commission. Cmn. Jar; jdine requested that an executive session be calleq
!for the purpose of discussing the appointment to : Ithe Planning Commission. I I
Ii'layor Atkinson declared an executive session, and! ithe Council adjourned to the adjoining room.
!The regular meeting reconvened and the Playor :announced that Nr. Robert Little was appointed i :to the Planning Commission to replace Mr. Perry i :Lamb, whose term had expired. Also at the last ; i regular meeting Plr. Roland Srnith was appointed to I :the Planning Commission to replace General Munn, : :whose term had expired. I I
ii.!ayor Atkinson requested that letters of appreci-i jation be sent to General Fvlunn and Rr. Lamb for :
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!PARKS APID RECREATION: !
:{a) Memorandum from Parks and Recreation Cornmiss; !ion " - ""._ re: ."." Street __" -""""._~_I" Tree recommendatjon. MemorandurnI :from the Parks and Recreation Commission dated ; :April 29, 1956, was presented, recommending that I ;certain trees be approved for planting on the new : :streets.
:The Council requested this matter deferred until i jthe next regular meeting. * I
:A rnernorandum from the Parks and Recreation Corn- ! :mission was recognized concerning the alleviation! :of trash on the City beach.
!The City i-lanager informed the Council the City is 1 :trying to work out a more satisfactory manner of : :picking up the trash. I
!Also a memorandurn from the Parks and Recreation i :Commission was recognized concerning the install- : :ation of a "!40 Golfing sign" at Cannon Park. I I
:The i4ayor inquired of the City Manager if this I jhas become a problem? 8 l
;The City Manager informed the Council he was at i :odds with the Commission on this matter. It was ; jhis feeling this was the purpose of a park.
iCmn. Dunne stated he did not fee? that park areas i !were used enough by the public. I I
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:l4EW BUSINESS: I
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!Hayor Atkinson announced he had appointed Cmn. 4 I :ifeiswender to the sewer finance committee. I I I I 1 I I
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!The Mayor stated he kbould like to complirnent th2 i !Girl Scouts an winning a trip to Washing, D.C. I !He asked that the Charher of Commerce furnish ihei !group with a71 the hand-outs possible in order to: :let Washington, D.C. know that Carlsbad is on the; jmap. I I
iInquiry was made as tcr whether or not the City had :a School Crossing Guard at the intersection of ; :Chestnut Ave. and El Camino Real. I I I
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I I :The City Manager informed the Council the staff 1 ;has been watching this intersection and, they have; !found the pedestrians using this intersection are! :High School children. The Elementary School I !children go by bus. The County is in hopes of i !going to bid in July for the improvement of El : ;Camin0 Real, which will include this intersectioni
:@mn. Neiswender asked that overnight parking on i
jlhe beach be checked. a l
jCmn. Dunne inquired about the signs along the : Freeway .
:The City i'iiatlager informed the Council the day be- i ifore the Council passed the emergency ordinance i :in regards to Freeway signs, there were three I I
I permi ts taken out.
!The Building Inspector stated Ar. Donald Briggs, I iJr. applied for three permits and obtained three ; :leases from private owners to place signs on, I !which was required under the old ordinance.
!The City Attorney reported the staff is still hJOrkiIIg on this matter,
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:Cmn. Dunne informed the Council he felt the ordin: iance relating to the abatement of trashs old park: ied cars, etc. should have more teeth in it. I 1
!OLD BUSTNESS:
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1 1 I I I I I I I :(a) Report on bids received - re: Sublease of :beach property for purposes of rental and/or saled jof bait and equipment. The City i4anager reported L :there were two bids received. (1) Jim's Bite IN' !
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:Bait, 3179 Carlsbad Blvd., submitted a bid for i :$75.00 per month, payable in advance, for the I !months of Ilay, June, July, August and September, i !payable in advance. (2) Nr. Daniel Elson, who : :leased the property last year, submitted a bid in! jtne amount of $25.00 per month for 1966; $35.00 :
!per month for the year of 1967; and $50.00 per I jmonth for the year 1958. He also agreed to make ; :certain improvements each year. t I
iNr. damaux recommended that the bid of Jim's Bite i I I I
0 !'N' Eait in the amount of $75.00 per month be i accepted.
I I I I I I I R I I :By motion of the Council it was agreed that the !
!bid of James W. Nix, dba Jim's Bite 'N' Bait, in :Neiswende /the amount of $75.00 per month be accepted, and :Atkinson v ithat the City Attorney be instructed to prepare IDunne !a sublease agreement in accordance with the :Jardi ne :bid submitted. I I I I I I
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!CITY ATTORNEY'S REPORT: I I I I I t I :Pipe 1 ine 1 i cense between City and A."'T. '&*'S. 'F. i :Railroad Company. The City Attorney presented a I [FTp-Gfine license offered to the City at no cost : :for a crossing of the tracks at the foot of Acaci4, !and recommended that the City enter into the agree+ :ment and authorize the i4ayor and Clerk to sign on i jbehal f of the City. * 1
i3.y motion of the Council the Pipe Line License heiswender :Agreement was accepted by the Council on behalf iAtkinson
jof the City of Carlsbad, and the Nayor and Clerk lDunne
!were authorized Co execute the document. :Jardine
:Claim for appraisal fees - re: Richard 9. Pli1ler.j :A claim has Seen received for fees concerning !an appraisal made for the City, The City Attorne? :requested that the claim be denied and that the i !City Marlager and himself be authorized to negoti-:.: jate with the appraiser.
!By motion of the Council the claim was denied and iNeiswender !the City Manager and the City Attorney we're auth- :Atkinson iorited to negotiate with the appraiser. iDunne
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:Easement for. Public Highway. An easement for [public right of v!ay for the widening of El Camino ! :Weal has been received from FAMCO, et al. The i
:City Attorney requested the easement be accepted i
!and the City Clerk instructed to record the same. ;
! :Upon motion of the Council the Grant of Easement :!deistvender I Ifor Public Highway was accepted from FAWCO, et a1 ,:Atkinson I jand the City Clerk instructed to record the same. ;Dunne I I
ISe?.rer Treatment property. The figure submitted i
jby the property owner for this property was :$72,030.00 per acre; however, the appraisal figur9 ithat the City has been cjorking on is $4,500.
:By motion of the Counci 7 the amount submitted by !Qieiswender i
ithe property owners was rejected, and the City !Atkinson i !Attorney instructed to proceed with negotiations. :Dunne
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ipublic hearing for exclusion. of certain prolerQ 1 !from A.D. 3-1964. The City Attorney requested" a l ithe public hearing for the exclusion of Bonita i :Valley Subdivision from A.D. 3-1964 continued I I I :until the next regular meeting on May 17, 1966 :at 7:30 P.I.1.
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Icy motion of the Council the public hearing was :Neiswender I !continued uritil Nay 17, 7966, at 7:30 P.M. !Atkinson i I I I $urine I I
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I I I I I I I I I I I I @. !CITY NAiYAGER'S REPORT:
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I si :The City Manager informed the Counci 1 he had * I !nothing further to report. I I I I I I I
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I I j AUTHORIZATIOid FOR PA'r'blE.1T OF BILLS AN;) RATIFICA- - I TION OF PAY ROLL:
I I :Authorization was given for payment of bills i for the general expenses of the City in the jamount of $780,349.08 and for the Water Depart-
ment in the amount of #3,668.35, for the period i April 19, 1966 to May 3, 1966, as ceptified by
f the Director of Finance and approved by the i Awdi ti ng Commi ttee.
i Ratification of the payroll was given for the :second half of April, 1366, in the amount of i$22,308.07, as certified by the Director sf i Finance and approved by the Auditing Commi Ltee.
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a I I ADJBURiYi4EYT: I I :By proper motion the meeting was adjourned at : 8:56 P.i.1.
I I I Respectfully submitted,
I i/al drqd*d :L
I i;iARbA, T E. ADAMS ;Y : City i lerk
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