HomeMy WebLinkAbout1967-09-05; City Council; MinutesL . I-.
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.* f Minutes of: CITY COUNCIL (Regular meeti ng) : '. ' ,- 8' : Date of Meeting: September 5, 1967 I '. i Time of Meeting: 7:OO P.M. : Place of Meeting: Council Chambers : of
i ROLL CALL was answered by Councilmen Northing, ; Neiswender, Atkinson, Eunne and Jardine. Also i : present were City Hanager Mamaux, City Attorney :
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-. s . i I Wilson and City Clerk Margaret Adams. I t
; INVOCATION was offered by Mayor Atkinson. 4 I
I ALLEGIANCE to the Flag was given.
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I 9 i APPROVAL OF MINUTES:
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8 I I 1. 1 : I Minutes of the regular meeting held August 15, :Worthin
; 1967 were approved as corrected. :Neiswen
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! : Jardi ne
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i PRESENTATION OF AWARD:
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1 Mayor Atkinson introduced Mr. Edward Mills of the! Automobile Club of Southern California who pre- ; sented to the City of Carlsbad the 1967 Pedestriab Safety Citation which is a three (3) year Achieve+ ment Award.
CORRESPONDENCE:
The Mayor recognized letters from the following : citizens requesting the Council to reconsider I their d.ecision regarding the City Manager.
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1) Spartan Lacquer & Paint Corp. Downey i 2) Mr. Thomas Harrington Oceanside:
3) Mr. R. R. Robinson Carlsbad ; 4) The Carlsbad City Employees Association i (which letter was read to the public I as requested) . I I I I I -1 Those who were in favor of the Council's action: ;
I) Mr. Fred Maerkle Carlsbad i 2) Mr. Joe Parisi 3) Mr. James Gaise.r II
4) Mr. Edward Prout 5) Mr. and Mrs. Jack Kubota 6) Mr. and Mrs. Russell Grosse II.
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Cmn, Jardine stated he had received a letter with! reference to boat racing on the Lagoon from COBRA:, INC., and suggested that Cmn. Neiswender and
himself investigate the matter further. It was i agreed that Cmn. Neiswender and Cmn. Jardine study the matter.
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I I 1 I 4 I t CIVIC CE;/TEP, ~~~~~~~<~~ s-.lA,liIMrJS & SPECIFICATIONS: i
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Architects KeOer 8 tdvlards presented the working i drawi ngs and s peci fi cations for the approval of : the Council on the new Civic Center. If approveq by the Courici 7, Weber & Edwards could advertise ; for bids on September 22, 1967, receive bids on : -the 18th of October and review them on October i 31, 1967. Construction wculd then start on Janu-: ary 1, 1968 and be conpleted July 1, 1968. The i Council agreed to take the working drawings and :
the construction of the Civic Center under t I advisement for study.
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specifications presented by Neber & Edbiards for 4 I
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I I The Mayor requested any oral communications other: than those regarding the resignation of the City : Manager. There were no other oral communications i in regards to other matters. Those who wished to: speak regarding the Councjl's decision 0-f the 1
City Manager were asked to be heard, !
MIKE FORTUNATI: 3271 Westwood Drive. Mr. Fortunati felt a great injustice has been done : by the Council's request for the City Manager's i resignation. He stated that the punishment does :
not fit the offense. He felt that Mr. Mamaux has! accomplished more in his three year tenure than ; anything that has been accomplished in the last : ten years. Mr. Fortunati reviewed what accomplist- ments have been made since Mr. Matxaux was hired : City Manager. He maintained that the majority. i of voters desire to keep Mr. Mamaux in his pre- : sent position and had in his possession approxi- i .mately 936 petitioned signatures as proof. He : asked the Council to reconsider and retain Mr. Mamaux.
DON DUNHAM: 2822 State Street. Mr. Dunham stat-: ed that the circumstances warranted reconsidera- ; tion and hoped that the Council would reconsider i their decision regarding the City Nanager. He : stated (in Military Terms) that to dismiss Mr. i
Martial'with a Dishonorable Discharge in front ; of the troops when it could have been handled 1 I by a Captain's Mast andat worst a five day loss ; of pay. . .. f I
JACK HUGHES: 290 Redwood. Nr. Hughes requested I to ask, through the Chair, two questions which ; he would like answered by Cmn. Worthins. I) If : this was such a disasterous incident that Rappen-! ed why was it th-e following Tuesday and not the ; Thursday night of the incident that Cmn. Worthingi received the report of Mr. Mamaux's alledged mis-: conduct, and 2) who did Cmn. Northing receive i the call from? Cmn. Worthing stated he did not- ; wish to bring forth the name of the caller and he: did not know why he had not been called on the i matter earlier, Mr. Hughes then requested to be;
Manager is hired. The City Attorney reported : that the Code reads: "The City Manager shall de- i vote his entire time in the duties of his office'!.
RUBEN MARTINEZ: 2730 State Street. Mr. iulartinei felt that one of Mr. Mamaux's good deeds should : be made known to offset the poor publicity he i has received. He stated that Mr. Mamaux arrang- : ed and paid all costs from his own pocket for i the burial of a young lady frorn this city who ; had died of cancer.
LARRY BUCHART: 390-7/2 Oak Avenue.' Mr. Bucharti pointed out that Mr. Mamaux is well qualified i for the position he now holds and is well edu- : cated. He stated the City Plana.ger has done much: for this city and since he is human and capable i of mistakes, Mr. Buchart felt that Mr. Mamaux ; should be forgiven for any srnall error he may : have made. In closing, ?lr. 3c;chart quoted from i the Bible; "Let he who has not sinned cast the : first stone". He hoped the Council would
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Mamaux would be like giving him a General Court ;
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read aloud, the qualifications on which the City; t
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I 1 RON BROWARD: 2044 Linda Lane. Mr. Broward re- i ; lated that he had attended a City Council meeting t
t in Oceanside recently and that the Council was 1 ; discussing a large discount store which they want-: : ed in their city. He said they were reluctant to! i delay any further negotiations with this store ; : .as the Oceanside Councilmen thought perhaps the i . i City of Carlsbad would propose a more appealing ; ; offer to this store. Mr. Broward's opinion was :
f I that if an adjoining competitive city felt they i
! had reas6n for such concern -- the City Nanager ! i of Carlsbad must be doing an excellent job and i : he.hoped the Council wou!d reverse their decision:
i DON WILLIAIJiS: 2975 Carlsbad Boulevard. Hr. ; Williams who is owner of Don's Den and a witness : { to the .incident in question gave his account of i ; what happened during the subject incident, He :
- : stated that the man knovln as "Bomber" came in and! i .soon provoked an argument with Mr. biamaux. k t t : short time later he walked out, only to return : i with a frriend and after some more purposeful 8 I : agitation by "Bomber" the argument flared up once: I again and ended with ''Bomber's'' words; ''Is 11 get t : your job for this". b I
i MILLIE HARDNICK: 4135 Skyline Drive. Mrs. Hard-!
: many ye.ars. She cited a problem she had recently! ; with water pressure in her home and stated she wa6 i unable to get satisfactory results from the Water: : Department so she called Mr. Plamaux at his home : i one evening about it and the next morning, the I : problem was solved. She felt that this is the : i kind of City Manager the people of Carlsbad want t- i that if he is not retained, the city could only i
; Manager.
i THOYAS SMITH, 111: 3180 Monroe. bir. Smith's ; opening statement was that from what he ,has heard: i of the man called "Bomb.er", he got what he de- i ; served. Mr. Smith further stated he felt that . ; : the Council's decision was unjust and the problem: i could have been handled in a more subtle Earrner. i
I considered in the Council's decision. 1) The : ; effect on the City blanager's life. 2) The effece i on the City itself; there are many things pend- i ; ing at the present time that are quite important ; : to the City. 3) The time and effort Mr. Mamaux : i has spent on these vital city matters will be i : wasted if the Council does not reverse their de- ; i cision. 4) The qualifications and character I I : of a new City Manager are not known, and that 1 I i the qualifications and/or character may be lesso? ; than Mr. Mamaux's. 5) The dismissal of !4r. I : i Marnaux could resul t in the employees loss of I morale. 6) If this incident had not received th4 : publicity it has, it would never have been heard : i by residents and it would not have done any harm i ; to the city. 7) The remedy the Council has I 1
: truction of the present City Planager and since ; I the City Manager is well educated and,has a greae
1 deal of experience in his position, Mr. Smith ; i asked the Coirncil to reconsider their dismissal :
; of Mr. Mamaux. s I
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.i wick stated that she has lived in this city for f
, i get as his replacement, a second-rate City I 1 -1 I * 1 1 s 1 I 1 I
! He mentioned that there were many factors to be :
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i chosen to solve "Bomber's" coaplaint is the des- i e
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! MR. LEO SAWYER: 2946 Highland Drive. Mr. Sawyer i : stated that he has been a resident of Carfsbad 1 I i for the past ten years and wished to inform the i : Council that he was in favor of their action. in : i regards to Mr. Mamaux's resignation. * I
: PUBLIC HEARING:
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(a) (Continued) Res. of Intention No. 62 of the i Planning Cornm-ission to consider amendments to , i
Ordinance #90603 to provide that lots splits, re- ! zoning applications, precise plans a.nd conditional use permits be subject to subdivision procedures.;
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t I i The Affidavit of Publication was presented and i : ordered filed. I I 1 I . I * : The City Attorney presented a written report and : I stated he had attempted to outline some of the i ; 'problems involved in this matter. He suggested : .i that the matter be referred to the Staff and per-: : haps some of the local engineers to study the I I : matter further.
: The City Engineer gave a brief summary of the pro: i cedures they are proposing so that the City can i : require certain types of improvements for Lot b I : splits, 'etcl ! ! i Cmn. Dunne asked what the additional cost of ad- i ; ministration would be under this proposal, and ; : .the Ci ty Engineer informed the Council the addi- : i tiona! cost would be a tentative map. Cmn. Dunnei : stated he felt a comrnjttee of five (5) should be : i appointed to study this matter. Perhaps two from: : the Council, a realtor and local eng-ineers. I I
i Mayor Atkinson appointed Cmn. Dunne and Cmn. * I : Jardine from the Council to serve on the commit- : i tee and stated he would contact three other rnern- i : bers to work with the Council members. I I
: A letter was read from $he Carlsbad Board of. i Real tors who felt this requirement would create : : a hardship. I I
I I i The City Attorney suggested that the matter be i : taken off the calendar until such time as a re- : i port has been submitted by the committee.
i ENGINEERING:
: (a) Laguna Dr. - State St. storm drain irnQrove-: i ment. The City Engineer stated that there are i : two se.ctions of storm drains to be considered. ;
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I down Laguna Dri'v2 as far as Jefferson St. ;
I 2) The lirte would continue on Gayle Nay from :
I Ann Drive to Donna Drive. 8
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: Authorization was given for the Engineering De- !)!orthing i partment to proceed with the construction of the jNeisxend
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! storm drain system as outlined by the City :Atkinson
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(b) Street vacation for a portion of Kelly Drive:
The City Attorney requested that this be deferre,d i until the next regular meeting. I I
(c) Report on Trieste Drive extension. Cmn. Jardine stated that the property owners affected ! by this extension were out of town property owner$. He requested that he be given permission to .pro- ; ceed,with negotiations with the .prop.erty owner's I attorney in Los Angeles. I I
By. common consent, Cmn. Jardine was authorized to! proceed with negotiations on this matter. I I
(d) Report on Elm Avenue Bid Opening. Sealed i bids were received on August 31, 1967 for Elm t I Avenue, Unit No. 1, Street Improvement Project : and a copy of the bid tabulation was presented :
.to the Council. Spaulding Materials and Concrete! Company, DBA Asphalt Service, P. .O. Box 28, I Oceanside, Californ-ia submitted th,e lowest bid i in the amount of $100,877.98 which is 7% less. : than the Engineer's estimate. The City Engineer i recommended that this bid be accepted.
By motion of the Council the low bid submitted j Worthin by Spaulding Materials and Concrete Company, D6A : Neiswen Asphalt., Service was accepted and the contract i Atkinso
ab./arded to Spaulding Materials and Concrete ! Dunne Company, DBA Asphalt Service subject to the State: Jardine Division of Highway's approval of items to be paid from Gas Tax Funds.
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I 1 I I 1 I I (e) Report on 7911 Act Sower Improvement Bid i Opening - A.D. 1-1966, Date Olive, and por. of : Garfield. et al. I I .. .. . . . - . ", - - --- - -1 I * The City Attorney requested this matte.r be de- : ferred unti 7 the next meeti ng. I I
NEW BUSINESS:
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Requests for the use of Holiday Park:
(a) A letter was received from the Carlsbad Chamber of Commerce r.equesting the .use of Holiday:
Park for the Carlsbad Mexican-American Assoc.
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1 annual picnic being held September 17, 1967.
(b) A letter was received from the Skippers - ! Mariners - Carlsbad Union Church requesting the i use,of Holiday Park from 72:OO p.m. to 4:OO p.m. ; for a picnic being held September 9, 1967.
By Motion of the Council permission w*as granted :Worthing to the Mexican-American Assoc-iation and the iNeiswend Skippers - Mariners - Carlsbad Union Church for :Atkinson the use of Holiday Park on the dates requested. :Dunne
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OLD BUSINESS: I $ I I t Ordinance No. 4006. AN ORDINANCE OF THE CITY 0F:Worthinc
CARLSBAD AMENDING SECTION 2 OF ORDINANCE NO. 40OtNejswen(
REGARDING REPAYMENT FOR OFF SITE WATER IMPROVE- fp,tkinsor MENTS, was given a second reading by title only :Dunne
and further read-i ng waived. i Jardine
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-""""""-""""""""""""-.""""""""""_"""""""~"""""~ I hlenbc?r I I Nayor Atkinson requested Mr. Fortunati to submit ; the petitions regarding Nr. Mamaux's resignation i to the City Cle.rk. I 1
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COMMITTEE REPORTS.:
Civic Center Building committee: Cmn. Dttnne in- formed the Council that the Comiittee had made a study of the parking facilities and fei t th-at they now have .a final solution to the parking problem. Also the Committee has recommended that the Council Chambers be retained as provided in
the Pre? iminary Plans.
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I ! Business License Committee: A Public Hearing on 1 the proposed ord-inance will be held on September : 6, 1967 and notices were sent to all members of I the Chamber of Commerce. I I
:The City Manager stated that the City has receiv-i ed many calls from the public asking if there I I
will be copies of this proposed ordinance avail- i ab12 for review. Cmn. Jardine stated that unfor-: tunately they do not have copies available.
Mr. Dunham stated he realized that the Committee !
had been working eight (8) mont'hs preparing this ! proposed ordinance-; and he did not feel that the : public .could digest the ordinance in two or threei
days. "Cmn. Japdine stated he realized that the ! public should be made aware of the changers and :
perhaps the meeting should be set-up to a later I date. He questioned the City Clerk as to the I I time element. The City Clerk stated that if a I change s's to be made, it would involve a great ; deal of administration work prior to December 1, i
1967. I
Cmn. Northing suggested that the Committee hold : the meeting as Scheduled and if necessa.ry another! meeting could be held.
CITY ATTORNEY:
(a) Deed of right-of way for Elm Avenue: The i City Attorney .informed the Council that a Deed i had been prepared designating various parcels of : property owned by the city for publ'ic right-of- ! way purposes. This is not connected with the i Elm Avenue Extension, and the Engineering Depart-; ment requests that the Council authorize the exe-: cution and recordation of this document. I I
By motion of the Council the Deed was accepted : Worthir
and the Mayor authorized to execute the document i Neiswer on behalf of the City of Carlsbad and the City : Atkinsc Clerk instructed to record the same. i Dunne : Jardine
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(b) The City Attorney informed the Council he i had prepared two resolutions for their considera-: tion regarding stop signs. t I
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t Resolution No. 1431; A RESOLUTION OF THE {Northin i CITY COUNCIL OF THE CITY OF CARLSBAD DESIGNATING ;Neiswen t THE 'INTERSECTION OF HP,YP.lAR DRIVE AND EL CAPII-NO :Atkinso : REAL AS A STOP 1NTE.RSECTION AND REQUIRING ALL iDunne I VEHICLES ENTERING SAID INTERSECTION FROM ,.HAYMAR :Jardine : DRIVE TO STOP AT THE ENTRANCE TO SAID INTERSEC- : : TI.ON, was adopted by title only .and further read- i I ing waived.. 1 .. I t .. I I I I t t 8 1 I t * 8 1 I s I 8 I I I I I -1
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c) Resolution No. 1432: A 'RESOLUTION OF THE :Worth i-n CITY OF CARLSBAD DESIGNATING THE INTERSECTION i Nei swen
INTERSECTION AND REQUIRING ALL VEHICLES ENTERING IDunne SAID INTERSECTION TO STOP AT THE ENTRANCE OF i Jardine SAID INTERSECTIOM, was read by title only and 1 8 further reading waived.
d) 1911 Act Proceedings for James Dr. and Buena j Vista Sewer District. The City Attorney informed: the Council that James Drive Street Opening and ! the Buena Vista Sewer District are to be combined: under one proceeding, as there were not the re- : quired 60% signatures. This matter will have 4 8 to proceed under the Debt Limitation Act. I 8
OF BASSWOOD AVENUE AND VALLEY STREET AS A STOP 'Atkinso
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The City Attorney presented the following Res ol u t:i on: I I
Resolu-t;ion No. 1433. A RESOLUTION OF THE CITY lorthing
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COUNCIL OF THE CITY OF CARLSBAC COVERING THE PRE-$!ejsy-;enc LIMIN!.RY DETERMINATION OF THE LEGISLATIVE BODY htkinsor
UNDER "SPECIAL ASSESSMENT INVESTIGATION 2 LIMITA- :Dunne TION AND MAJORITY PROTEST ACT OF 1931", DETERMIN-9ardine ING THE GENERAL NATURE, LOCATION AND EXTENT OF : THE PROPOSED WORK, AND ORDERING THE PREPARATION : OF A REPORT ON SAID INPROVEMENT, IN THE MATTER - i
OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS I (ASSESSMENT DISTRICT 3-1964) IN THE CITY OF CARLSBAD, was adopted s:? tit1.e ofi~y and fL:rther i reading waived
Agreement by the City of Czrlsbad and the firm . : of Tanner, Marquardt and Associates: The City . I Attorney informed t!?e Council that the firm 8 I of Tanner, Marquardt & Associates have been han- i dling .the engineering for James Drive Street 1 t
There were separate agreements for these two
projects. A meeting was held with the Engineer- : ing Department and it was agreed that they shoulg be combined into one agreement. The agreement ; has been prepared and it is recommended that 8 8 the- agreement be accepted and the Mayor authori- i zed to execute the document. I 1
By motion of the Council the agreement was accep4Worthinc ted and the Mayor authorized to execute the :Meiswen( document on behalf of the City of Carisbad. IAtkinsor
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Opening and the Buena Vista Sewer District. 1 I t I I
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I i (e> State Condemnation Proceedings: 'The City i i Attorney informed the Council the State is con- i : demning certain properties in connection with I t
! the widening of the Freeway. The city's only ! i interest is. the collection of taxes from propert;
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being taken by the State. The city has been serv4 ed with a copy of the Condemnation Proceedings, i and the City Attorney.requested that he be auth- ; orized to file an' answer to the'cornplaint.
By motion of the Council the City Attorney was :Worthin
authorized to proceed with the filing of an iNei swen answer to the compl aint. :Atkinso jOu n n.e .. ; Jardine
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CI-TY MANAGER'S REPORT: ! : 1 .. (a) Financing -of City Hall and Police Facilities! The City Manager stated subsequent to the last ; meeting Crnn. Worthing questioned the County's parcicipation in a Joi.nt ?owers Agreement be- tween the City and the County. A. written request: ..wa-s sent to the County and they have indicated i that they woc!ld be willing to enter into a Joint i Powers Agreement with the City. I I
The City Attorney stated that he had contacted : the firm of Rutan and Tucker immediately after : the last meeting and they are preparing the Joint! Powers Agreement. I
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I (b) Offer to pur-chase City property: The City : Manager' reported that Bee Gee Company bas offered:
to purchase the four (4) lots located on Las I * Flores Drive for $28,000.00. The City Manager I informed the Council this was a reasonable offer :
but it would have to be a Net Total. As this offer was made late this afternoon, the staff was! unable to prepare a report. This offer would I I figure out to a cost of 72C per square foot and- i the funds would be put into the Street Project - ; Fund.
The funds from the house that was sold for I I $15,000.00 were placed in the General Fund. The i sale of these lots wou1.d allow the City to get . ; out of the subdivision business.
By motion of the Council it was agreed that the ; Worthin City accept the offer by Bee Cee Company for the i Neiswen
$28,000.00 Net. : Dunne
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purchase of the four (4) lots in the amount of ! Atkinsa
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AUDIT:
The .Mayor announced the audits for the City and : the 'dater Department have been received and I I suggested that they be reviewed at the first 1 I meeting in October. I I I 1 I 4 0 I t I I I l a 1 I I I 0 I I * I
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AUTHORIZATION FOR' PAYMENT OF BILLS AND RATIFICA- i 3 TION OF PAYROLL: I I 1. . *.
Authorization was given for the payment of bills .b :
for the general expenses of the City in the a amount of $69,809.40 and the Water Department in iWorthing the amount .of $25,755.78,. for- the peri-od Augu.st :Neiswend 15, 1967 to September 5, 1967, as certified by. :Atkinson the Director of Finance and approved by the : D u n'ne .. Auditing Committee. f Jard'i ne
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Ratification of the payroll was given for the !Northing second half of August, 1967, in the amount of iNeiswend $27,437.69, as certified by the Director of; :Atkinson Finance and approved by the Auditing Committee. iDunne ; Jardine
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ADJOURNMENT:
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By proper motion the meeting was adjourned at i
8:45 P.M. 1 I f
Respectfully submitted,
MARGARET E. ADAMS City Clerk
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BY: %-KA,:L;& I I I 1 I I
NORA K. DANIELS
Recording Secretary
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