HomeMy WebLinkAbout1965-05-04; City Council; MinutesI I' I I ' 's, '., ', ', I *, *, ', '
:Minutes of; CITY CCUMZIL (degular Meeting) I \\ '. ' I , \ '. !Date of Meeting: May 4, 1965 b '. I Name '\, '? :Time of Meeting: '7: 00 P. Me : of '4 !Place of Meeting: Council Chambers ! Member ,"""""""""""""""."""""""""."~"""""""~""""~""""""".
iLWLL CA.LL was answered by Councilmen Dunne, :Neiswender, Atkinson and Jardine. Councilman Xughes I !was absent. Also present were City Manager Marnaux, :City Attorney E'iilson and City Clerk Adarns.
ilMVCCA.TIGN was offered by dev. Woy Brokenshire.
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IC1 TY OF CAi3LSBA.D i I
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! I I :ALLEGIANCE to the Flag was given.
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I iAPPi3CVP.L GF MINUTES:
t :Dunne
!(a) Minutes of the regular meeting of April 20, 1965 were keiswendez :approved as presented. :Atkinson : : Jardine
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!Mayor Atkinson stated the Council wished to acknowledge i :receipt of a letter from the Xoman's Club of Carlsbad, and :commended them on the formation of a community organi- i :zation known as "Carlsbad the Beautiful". I *
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i ;A letter from the Carlsbad Business and Professional Eo- i :men's Club was recognized in which they stated they had i jrecently made a concerted effort to add to the beauty of : :the downtown area by obtaining poinsettia cuttings from the! :Paul Ecke Ranch for planting. T'ney urged the Council to : :increase the money allotted for Farks and decreation work;
:The Mayor acknowledged receipt of a News ;Eelease from : ithe State Department of Public Zorks, announcing The VY u6- :fert Coo of Vt hittier was the low bidder for installation of i !a median barrier OR Interstate 5 (U. S. 101) from Las Pul- : :gas doad in Camp Fendleton to the Orange County line, L :The barrier will be installed in an effort to reduce the psi
:sibility of head-on collisions along the portion of U.S. 101 i jnorth of Cceanside.
iG&RL CCMMUNICATICMS:
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I I tMdS. Wd.i3TH.A COLE, 544 Garfield, Oceanside, stated i ishe owned property in the vicinity of the proposed Buena : !Vista Sewer project, and she was interested in the time i :and place that has been set for a protest hearing. At the : :Council meeting of January 19, 1965, Mr. Thornton re- I :ported that the maps, etc., were in possession of the En- ; igineering Department, which included sewers and storm i :drain at a cost of approximately $15.00 per front foot. I !At that time Cmn. Dunne stated he thought the cost was i
:too high, and the Council, by motion, agreed to have the ; !City Clerk publicize a date for tile protest hearing as soon I :as possible. Yesterday she called Mr. Thornton and was : !informed that the plans were again in the hands of Tanner i ;and Marquardt for change, since the property owners I I :could not bear the $15. GG per front foot cost. It was the ! jopinion of the Council the plans should be redesigned so : :that the cost would run approximately $8. Ou per front foot. i !Since this does not seem to fit into the Council's instruc- ;
Ishe again asked when such a hearing would be held.
!The City Attorney informed the Council originally the plan$ :were designed to include sewers and storm drains, how- ; iever, it was too costly. The City was requested to rede- i :sign the project to exclude storm drains. He discussed ; !the matter with Mr. Marquardt today, and they are re- :questing a payment of $4, OGO. i3C for the change order. ThQ !staff discussed this matter today and it was felt that a
ftions to the City Clerk, to publicize for a protest hearing, I
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:letter should be sent to Tanner and Marquardt, informing i ;them that a hearing would x held and the Council can de- ; Icide at that time as to the storm drain.
!The City Manager stated he wo;rld have a report to present;
:at the next meeting or the mfeting follow.ing. lifter that ; !time the protest hearing can be called.
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i I * I t I !PUBLIC AEAdINGS:
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I I I I a !( a) i3eclassification of certain property located on the . 1 ieast-side of Harding St., between Grand and Elm Ave. ; iKmToiiito .Zone C-2. Applicant: Liilliam A. and i
ILouise Stringer. I I
! !The Clerk presented the Affidavit of Publication and re- ; !
:viewed the application for the Council. I
!The Council was informed that up to the hour of 7: 33 P, M. i
$0 written correspondence had been received.
:The Mayor announced the Council would hear from the ap- : iplicant or his representative at this time, I I
:There was no one present to speak.
:The Mayor announced the Council would now hear from all i !persons desiring to speak in opposition to the proposed re-: :classification. 1 I
:As there were no persons present-desiring90 .speak the i ;Mayor declared the public hearing closed at 7: 35 R. M,
!A mag of the area was presented and it was pointzd out thafj 1"-2 zoning was presently from the corner of Elm Ave. I I :north to the property under discussion.
iCmn. Jardine stated tic request seemed completely corn- i ipatible with the area.
:After further discussion by the Council the following reso- : ilution was presented: 4 I
i3esolution No. 1145. A. L3ESSCLUTION OF TEE CITY ;mNCIL CF THE: CITY CF CAZLSBAD, ANNCtrPJCING i :FINDINGS AND DECISION -3ZGAHDING CHANGE GF %CNE$Dunne !CLASSIFICATION OF CELZTALN DESIGNA TED P&G PESTYNeiswende; :IN TZ CITY OF CPL~LSBAD FXM ZONE E-P ?X ZONE $Atkinson IC-2, was adopted by titte only and further reading waived. pardine
1 !The following ordinance was presented for a first reading: ; !
9rdinance No. 9178. AN CABINA-NCE, OF T;E CITY GF i 32AdLSE4-D AMENDING CdDINANCE NG, 906C, C3I.ANG- $unne iING CERTAIN DESIGNATBD P;_20PEGTY FIWM ZGNE; R-qeiswende: :TO ZCNE C-2 IN THE CITY CF CALZLSBAD, was given a $tkinson &'st reading by title only and further reading waived. pardine
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i(b) Appeal of the decision of the Planning Commission in i ; ranting a Conditional Use Permit to b'rancis John and I I
b3Ewyvernight camping. * l 8
1 irginia E. Fox on property known as POX'S Snug Harbor I ;
* l a I :The A-ffi-davit of Publication was presented and ordered : 0 $iled. I I I a I
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!The Clerk presented a petition signed by 43 property own- : :ers stating they objected to the Conditional Use Permit fori !campsites granted by the Carlsbad Planning Commission :
:to Mr. and Mrs. F. J; Fox to operate a campsite along the!
iAgua Bedionda Lagoon between Adarns Street and 101 Free!
!way. This must conform to State Trailer Park laws and ; :must be approved by the City Council. 8 I I
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l a I :A letter dated April 20, 1965, from Eugene vVernigk, 4264: :Highland Drive, was presented, stating he would like to : :point out some of the objections to Campsites on or near i j"Fox's Landing". There are many expensive and beauti- :
:ful Homes in that locality and it is their hopes that the lo- i jcality will improve not deteriorate; the campsites are for i :the purpose of accommodating Trailers and Boats, which : !are unsightly and reduce the value of property; the noise i :and traffic conditions are not conducive to property im- ; iprorrem.ent;..the permit to spend only three nights on a cam<- lsite will not prevent them from returning next day and re- ; !new their stay; and if permitted, it will lower property i :values, open the door to other commercial installations in : ithe area and down grade the appearance of fine homes. * 1 I I I ! iA letter from John and Jeana Fox, owners and operators
:of Fox's Snug Harbor was read requesting a Conditional
:Use Permit to be incorporated within the boundaries of :their present G-T zoned business, for the purpose of ex- :tending overnight privileges to expand their recreational
:program, to accommodate 33 families and for a period no1 :to exceed five years. !
:The Mayor announced the Council would hear from the ap- ipellants and all persons objecting to the Conditional Use :Permit.
8 I :TGNY iKWAaD-JONES, stated he owned property on $oover St. fie has no objections to this Conditional Use :Permit as he feels it is a question of economics. No one iat this time would come in and build a large hotel. By the :time the Conditional Use Permit expires the City will be !ready for a hotel, In his opinion this is a temporary an- Iswer, 1
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:DCN ZUFFMAN. 4315 Iiighland Dr., stated Mr. Howard- i jJones mentioned he owned property on Hoover, however, i :he does not live tbre. Mr. i3uffman objected because it ; :would deterioate the surrounding area. He liked progress i :but did not feel this was the kind the City needed. This : :area is surrounded by beautiful residential property and i :Mr. Fox was aware of this when he invested his money. :
:Ma. PAUL 7XEINBACZ3, 1275 Zoover, stated this would be i $etrirnental to the City, the Marbor and area in general, { :He does not feel that if this permit is not granted it will ; !hurt IMr. FOX'S business. The campers can use the State i Park at Ponto. If this is allowed it will open the door for : ithe remaining property owners along the lagoon. This I !type of business does not bring any economical asset to the:
:City, as the Campers bring their food with them, ile livedi
la number of years next to Zaiser's campsite in Oceanside. ; Carlsbad should develop as a beautiful residential. city. i
!Mas. PERiZY LGESCX, 4228 "lighiand, protested because i !Fox's place looks "Honky-Tonk" now and this ,will not add i
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b3X3IE A. VAN DE VELDE, 1250 Hoover, stated this will I :not add to the beauty and prestige of Carlsbad. t I
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;M, Vi. JA.iRVIE, 1175 Hoover, stated this matter should ; ;"~"""""""*~"""""""""""""~""""""-"""""""-~----""----"-
:have been discussed in detail at the Planning Commission i pearing. The petition only shows 43 names. They probab-: ;ly could have obtained more signatures. He was a rnembe4 pf the Planning Commission and they worked very hard to I
;get this i'i-T zoning. His home is located between two 4 I homes that cost between 50 and 66 thousand dollars, The : !City does not allow overnight parking on the beach, SO why i jshould it be allowed on the Lagoon. Mr. Jarvie further : Stated he wants to see Mr. Fox's business succeed but doe; !not feel this is the answer. .
:PETE LZITTER pointed out he is not trying to kcxp anyone : bum making a living. %e is protesting because he does i !not feel this will help the area, He lives on Chinquapin i Ave. and can certainly hear the noise now, The State has ;
;spent several thousands of dollars for a State Beach camp-: kite near Ponto. I I
:MRS. JCAN FRYE stated they were here to protest. . She i boticed in the newspaper that an application for alcoholic i ?everages has been filed by Fox, I I
:The City Manager informed the Council if an application i :is filed a copy is sent to the City, and no notice has been i :received as of this date, * I
!MRS. XEINBACfi, 1275 Soover, informed the Council that! lone month ago they moved to Carlsbad. They lived 10 yearjs :near Zaiser's campsfie. This protest is not meant to be ; $mything personal to Mr. Fox as she does not know hidhe i :asked that the Council not to grant this Conditional Use Pee- bit. I I
@LIS. MYI;ETLE: BXAM, 2315 Adarns, stated &cy have a i ;camper. She has always been particularly interested in : ;the approach to the City, and did not feel that a campsite i
!at FOX'S Landing would add to the attraction of Carlsbad. i Nhen you drive thxough a City your first impression is the : Vront door to the City.
!Mas, VAN DE VELDE added her protest. As taxpayer we i :rebel in the beauty o€ the area and to let people come in ; 3or 2 or 3 nights would be a detriment to the city.
$is there were no other persons desiring to speak, the :Mayor declared the public hearing closed at 8: 10 P, M.
$embers of the Council questioned Mr. Fox as to the type ! ;of vehicle that would be parked, the time limit, would this i
:include weekends, and if there are 5 to 11 vehicles parked : ion Sunday's now, why the request for 30 parking spaces. i
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f ! :Mr. Fox was present and informed the Council the vehicle !is called a Boat and Tow. It is a self-contained unit placed ;on a pickup truck with a trailer for the boat. As to the ; Honky To&" look, the construction of the interceptor line $as not helped the appearance of his property. Many peopl pee their place and come off the Freeway. Their applica- $ion only requested overnight camping, however, when the :Planning Commission was discussing the permit, they felt
!a three-day weekend should be considered and that is why ithey allowed the three days. At the present time there are gome 5 to 11 campsters on Sundays, They have approxi- :mately 800 feet of frontage and that is why they asked for
ZI maximum of 30 campsters.
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;to the health conditions. I I
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;Mr. Thornton informed the Council this campsite will be i junder the control of the State. This has been taken out of i :the hands of the City and the County. They have rigid in- ; Ispections. The Planning Commission has required that i :within 90 days additional facilities be installed. I I I I I I I :Mayor Atkinson stated he was not too satisfied with some ! !of the remarks. He would like to appoint a committee to i :investigate the State Code and the type of vehicle and the : !facilities that will be used. * 8
iCmn. Neiswender and Cmn. Jardine were appointed to the i Fomwittee. I I l
Cmn. Neiswender asked how they could investigate this : batter i€ it is not in operation. He suggested they be al- i :lowed to operate for a certain period of time, i. e,, May : :to November, and they could make their investigation from: jtherc. I I I
!Cmn. Dunne stated he felt the committee should come up i bith some ground rules before proceeding. * 8
!The City Attorney suggested that additional facts and infor-: bation be furnished to the Council prior to a decision being! Dade. He recommended that the hearing be reopened and : $ontinued. 8 I
cmn. Jardine asked if the Conditional Use Permit would { be in effect prior to the Council making their decision, and: $he City Attorney stated the appeal will not allow Mr. Fox i
to proceed until a decision has been made by the Council *
By motion of the Council the public hearing was reopened Neiswender bnd the matter continued to May 18, 1965, at 7: 30 P. M. htkinson
bN6INEERING:
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I I t $ l a I I {a) Improvement of Chinquapin Ave. - 1911 Act Proceeding4 P. D. 1-1965. - I
r- 1 t 4 1 ' 1. &@port of bids received. The Engineering Depart- : iment reported there were six bids received by the City i Clerk, and the low bidder was Asphalt Service, Oceanside,; :California, in the amount of $19, 495, 95. All the bids have! been computed and they recommend that the bid be awarded: 30 Asphalt Service. It was 6/l0ths percent lower than the i Fngineer's estimate. * L a
: 2. The following resolution was presented: I I
Resolution No. 1147. A RESCLUTI@N OF THE CITY %SCUNCIL CF TZ33 CITY C.F CA&LSBAD, CAUFORNIA., : ~VVARDING CGNTRACT FC~Z WCA,K OR IMPREVEMENT bunne GRDELSD BY dESOLUTIC-N NG. 1026, OF SAID CITY Neiswender
CGUNCIL, Assessment District No. 1 - 1965, was adopted 'atkinson by title only and further reading waived, bardine
iiji*'aesolution No. 11 48, adopting and submitting budget forj
expenditure of State Allocated Engineering Funds. -$ h-kr informed the Council pursuant to Section 2127.5 : bf the Streets and Highways Code provides for the alloca- : tion and expenditurk of State Zighway Funds for engineer- i ing costs and administrative expenses in respect to city i tstreets. A proposed budget aas been prepared by the City ; bngineer, andresolution has been prepared to accompany i
>he budget. I I
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1 8 I t I jdesolution No, 1148, A RESGLUTIGN OF TdE CITY 1
:COUNCIL OF Ti€E CITY CF CAALSBAD, ADOPTING ANDiDunne !SUBMITTING A BUDGET FCi3 EXPENDITUAE OF STATE iNeiswende1 :ALLOCATED (ENGINEEAING) FUNDS, was adopted by :Atkinson !title only and further reading waived. i Jardine
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:NEW BUSINESS:
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I I I I (a j Proclamation - proclaiming May 9 to 15 as "Yire a i !Veteran Vs eek". The Mayor proclaimed the week of May I :?J to may 15 as "Hire A Veteran bd eek". I
:Mayor Atkinson stated he would like to appoint the follow - i jing Councilmen to certain committees: I
i Auditing Committee: Bills - Cmn, fiughes 8
I Payroll - Cmn. Neiswender !
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I I I Sewer Committee: The same members to remain i
a L : %%ansportation i Co-ordination Crnn. Jardine
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4 I I & I 1 ! i Library Committee The same members to remain i
i Chamber of Commerce : liaison
!OLD BUSINESS:
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:(a) Second reading of Ordinance No. 9177, changing certai4 :designated property from Lone 3-1 to Lone C-2. Appli- i !cant: Arthur and Dorothy Morgan. The following ordinancf :was presented for a second reading:
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I I I !Ordinance No. 9177. AN OdDINANCE OF THE CITY CF :
jcb fiLWtJAD AMENDING ORDINANCE NC. 9060, C'HANG- bunne ;ING CEi%Tk..IN DESIGNATED PZGPERTY FRCM Z.LNE Veiswender IR-1 P2 ZONE C-2 IN THE CITY OF CALZLSEAD, was 'Atkinson :given a second reading by title only and adapted. !Jardine
l a I 8 :CITY ATTGANEY 'S REPCRT: I I
I I I * :(a) Frazee &later Service Agreement. The City Attorney i ireported some weeks ago the City Council waived street i :improvements on a lot split requested by Mr. Frazee, and ; :agreed to water service to the property in accordance with I
Ian agreement to prepared by the City Attorney. The agree: ;rnent has been prepared and authorization is needed for the: :Mayor to execute the agreement. *
ky motion of the council the Mayor was authorized and in? bunne istructed to execute the Agreement between the City of Carlb-Neiswend :bad and Frazee. atkinson
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I !(b) Las Flores extension. Deeds have been executed by th4 !following persons for the extension of Las Flores: t
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William E. and Elzora L. Bart Carlsbad Union School District Urban Max and Edna May Palkowski John Vi , and Julie 8. Alma ck Lewis Harold and Helen Gragg Faircnild Edith Mary Dorothea i3amsay
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:The City Attorney informed the Council all the necessary I !right of way has been deeded to the city with the exception ; ;of two properties.
!By motion of the Council the deeds were accepted by the gunne :Council on behalf of the City of Carisbad and the City ClerkNeiswender !was instructed to record the same. :Atkinson
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iIn regards to the extension of Las Flores the City A.ttorneyi :requested authorization to start proceedings for those pro-i
iperties the city is unable to obtain deeds from the property: :owners. The following resolution was presented: I
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hesolution No. 1149; A IWSGLUTICN OF Ti33 CITY I I ;mUN?% GF THE C1.N OF CAFiLSB-F!D AUTYICi%IZING, :Dunne :AND DIhECTING CGNDEMNA.TIGN FCH PUBLIC STdEET9eiswender !PURPOSES, was adopted by title only and further reading -,!Atkinson twaived, !Jardine
$c) Acceptance of Ledbetter deed for street purposes. A. i :deed from Oliver C. and Jerrin C. Ledbetter. This was ai :portion of Adams Street that had never been dedicated to ; ithe city for street purposes.
!By motion of the Council the deed from Oliver C. and Jer- !Dunne jrin @. Ledbetter was accepted by the Council on behalf of 'aeiswender :the City of Carlsbad and the City Clerk was instructed to :Atkinson jrecord the same. bardine
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i(d) Claims for damages, The City Attorney presented the ! ;following claims: I t
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!A claim filed by James T. Smith, Z791 Valley Street, date4 :April 29, 1965, was presented in the amount of $99.55 due : :to a huge limb from a city-owned tree that fell and severe-! ily damaged his Volkswagon car. I I
!Claim filed by Mrs. Steem.W. Safsen, 4422 Park Drive, k :dated April 15, 1965, in the amount of $19.08, due to the i :erosion in the street caused by the recent rains. The dirt : :was very slippery and her car skidded sideways, striking i ithe fence and damaging the right front door and lock.
!Claim filed by Mrs. Cleona OBryant, 1155 Oak, dated i :April 15, 1965, in the amount of $17. OC, due to her car ; !:dropping into a 6 to'8 inch hole on Oak Avenue.
!The City Attorney recommended that the claims be denied ! :and referred to the insurance carrier. I I
!By motion of the Council the three claims were denied and bnne :the City Attorney was instructed to refer the claims to the fieiswender !Cityf s insurance carrier. fitkinson
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* I :The following resolution was presented for a formal adop- i jtion by the Council: * I
!Resolution No. 11 36. iU3SCLUTION OF THE CITY CCVN-i TEIE CITY CF CARLSEAD, CALIFCLWIA, 3,ELA.J iTIVE TO THE F3EE SI4EECEi CCNTL3OVE;;tSY J!ND Ti= Dunne :F&EEDCM OF OBSCENITY MCVEMENT AT Ti35 UM- Neiswender iVELZSITY CF CALIFCdNLP, CAMPUS fN BEi%KELEY, was atkinson :formally adopted by the City Council. bardine
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:CITY MANAGER'S REPOAT:
:Master Street Lighting Plan. The City Manager reported i ithe Master Street Lighting plan requested from the San ; :Diego Gas & Electric Go., has been received, and Mr. E, i
;J. Sardi from the Company is to be complimented. The I :Master Plan is on file in the Engineering Department and : !will be of considerable value to the city in future planning. i
!Street Lighting Contract. The existing contract for streeti
imting was approved on August. 7, 1953. Itsappears this ; ;contract needs to be up-dated. This has been accomplishe+ jand a new contract is available for consideration.
jBy motion of the Council the contract was approved betweehunne :the San Diego Gas & Electric Co. and the City of Carlsbad,iNeiswender :and the Mayor authorized to execute the document on be- :Atkinson !half of the city. i Jardine
:Request for dance permits. Two requests for dance per- i irnits have been received. They are: (1) Don's Ben, 2975 : :Carlsbad Blvd; and (2) Golden Tee Cocktail Lounge. The i
!City Manager iaformed &e Council both applications have !
!been reviewed by the Folice Department, and approval is i i recornmended in both instances.
!By motion of the Council dance permits were granted to IDunne :Don's Den and The Golden Tee Cocktail Lounge. INeiswender
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;The Council was informed presently there are five permits: :for dancing in the City of Carlsbzd. I
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I * I :Acceptance of Ea :As a part of Unit !certain easements were required. Easement No. 33 (Carl$- :bad Bay Properties, Ltd. ) and No. 31 (Allan C. Kelly) : :have been received by the Engineering Department, and it i :is recommended they be accepted, I I
I ! :By motion of the Council Easements Nos. 30 and 21 were jDunne :accepted by the Council on behalf of the City of Carlsbad iNeiswender !and the City Clerk instructed to record same. Stkinson
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I * :Acceptance I" of Easement for Fumping Station at the Agua i idedionda. The topography and drainage at the &!.*a ..Sea- : londa Pumping Station has been changed since the contract L: jwas awarded,- necessitating an additional easement. The i :required easement has been obtained from L%Y W. and I :Barbara Vi inter, and it is recommended that it be accepted;
!By motion of the Council the easement granted by i.ay vi. bU~ne :and Barbara Winter was accepted and the City Clerk in**-'-iNeiswender
istructed to record same. AtkiTlSOtl
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I t b :Jardine * 8 L i :AUTHGRIZATICN FGS PAYMENT OF BILLS AND &ATID i !FICA.TICN OF PAYROLL: I
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!Authorization was given for the payment of bills for the i :general expenses of the city in the amount of $82,281.19 : :and for the mater Department in the amount of $7,407.42 punne :for the period April 20, 1865, to May 4, 1965, as certifiedseiswender !by the Finance Department and approved by the Auditing :Atkinson {Commit.tee. :Jardine 0
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i3,atifkatio.n of the payroll was given for the second half of Abril, 1965; in the amount of $19, ,431.60, as certified by the Finance Department and approved by the Auditing Committee.
ADJCURNNLENT:
By proper mption the meeting was adjourned at 8;88 P, M,
I I I I : itespectfully submitted,
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