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HomeMy WebLinkAbout1958-02-18; City Council; Minutes{ (3.0 MINUTES OF SPECIAL MEETING OF c_AnLSBAD CITY COUNCIL Pebruary 10'. 199 The meeting was called to order at 2:20 P, El, byTMayor Castor- ena. Present besides the Hayor were Councilmen Ledgerwood, Robinson, .Helton and Baird; City Manager Nelson, City Attorney Smith and City. Engineer Kubota, Members of the Council welcomed Cmn. Baird back from his vaca- tion, The Mayor announced that he had called this 'special meeting of -the City Council at this time -and place; he had received the .written acknowledgement of receipt of notice by all members of the City Council, and he had directed the Clerk to file the signed receipted Notice of Special Meeting in the Book of Minutes at the page immediately preceding the Minutes of this Special meet- ing * The City Attorney iqformed the Council that at the conference held February 6, 1958, in Los Angeles, with O'Melveny .and Myers, the matter of the $3,000,000 revenue bond for the financing of the harbor had been discussed, He sta-ted that in their opinion a revenue ?bond could not be used for financing of a harbor in a General Law City such as Carlsbad, OfElelveny and Myers would contact Schwab,acher and Co. in regard to such bonds and would report to the City at such time as they had received an answer from Schwabacher and Co. He further stated that because of this fact Resolution No, 336 would have to be repealed and a new Resolution adopted deleting the $3,000,000 revenue bond issue, Resolution No. 340 was presented to the Council for their review,' giving notice of a Municipal Election to be held April 8, 1958, and repealing Resolution No-. 336, It was moved by Cmn, Helton and seconded by Cmn. Ledgerwood that Resolution No. 340 be adopted. Five ayes, Resolution No, 340 adopted, .It was moved by Cmn. Baird .and seconded by Cmn. Robin.son that the meeting be adjourned. All ayes, motion carried, The meet- ing was declared adjourned by the Mayor at 2: 25 P. M, Xespectfully ,submitted, @$&YG2Lc+-%& M GARET E. ADAEL5 A Deputy City Clerk $? """_"_""""""""""" MINUTES OF REGULAR REETING OF CARLSBAD CITY COUNCIL February 18, 1958 1- The meeting was called to order at 7:OO P. M. by Vice Playor Helton. Present besides the Mayor were Councilmen Ledgerwood, Robinson and Baird; City Nanager Nelson, City Attorney Smith and City Engineer Kubota. Absent , Mayor Castorena. 2- It was moved by Cmn., Ledgerwood and seconded by Cmn. Robinson that the minutes of February 4, 1958, be approved as submitted; all ayes, motion carried, It was moved by Cmn, BairdL and seconded by Crnn. Ledgerwood that the minutes of February 10, 1958, be approved as submitted. All ayes, motion carried, 3- ORAL COMBlUNICAI'IOMS: There were no oral communications, 4- WRITTRN COMMUNICATIONS: a. Business License - Tri-City Termite ,Servicet Letter dated February 5, 1958, from Tri-City Termite Service wherein they stated they had been charged a $50,00 fee for a Carlsbad City business license for both 1957 and 1958, despite the fact that it was a matter of record that other companies in the same business had paid a $24.00 license fee in the past years, They requested a definite ruling by the Carlsbad City Council as to what license fee is to be charged for their type of business. :c c. Mr. Nelson informed the Council the Nixon Termite Control Service had been charged $24.00 for the reason they did no renovating or repair to buildings. He further stated that he had taken the matter up with the City Attorney and the opinion of the City At- torney was that the Tri-City Termite Service was a sub-contractor for the fact that they do repair and renovate buildings. Cmn. Robinson stated the parties had been to see him and informed him they were not licensed by the State as sub-contractors, and there was some question in his mind if they could be licensed by the City as ~~b-~~ntra~t~r~. The City Attorney stated that in his opinion, as long as they do repair or renovation of buildings they 'should come under the sub-contractors section of our ordin- ance; the owners have the .op&i.on of either being an inspector or doing repair work, which would put them in the sub-contractors' - cakgory, After considerable discussion, Cmn. Baird moved that .. the City Manager be instructed to communicate with..the complain- ants that their license fee will be $50.00 in accordance with our ordinance. Seconded by Cmn. Ledgerwood. All ayes, motion carried, I y'3 4 n @ -4 A 3 I b.. Garlsbad Mutual Water Co. - Sal&of drillinp riphts, Letter dated February 18, 1958, from the Carlsbad Mutual Water Coo, stating that at the-regular meeting of the Board of Directors' Resolution #58-6 was adopted by unanimous vote of the Board; said resolution provides that quitclaim to drilling rights on property owned by Roymar Land Company be granted subject to ap- proval of form by the Mutual's attorney and subject to concw- rence by the Council. It was pointed out that these were second- ary drilling rights upon designated parcels, and the-Mutual would retain their complete right in the areas to.be occupied by streets Cmn. Robinson moved that the City concur with the recommendations of the Mutual Water Company, Seconded by Cmn. Baird. All ayes, motion carried, C. Speed Limit on Carlsbad Blvd. - A. 0, Innes, Letter dated February 3, 1958, from A, 0, Innes, 5290 Carlsbad Blvd., stating that because of the 45 MPH speed limit on Carlsbad Blvd. through the Terramar section, three pets had been killed recently, and he felt that if this matter were not corrected it would result in persons being hit by cars. It was pointed out to the Council that the speed limit through this area was 35 MPH and not 45 MPH. .Qfter considerable discussion, Cmn, Robinson moved that the mat- ter be referred to the Chief of .Police. Seconded by Cmn. Baird. All ayes, motion carried. d. ' Letter dated February 17, 1958, addressed to the City Council from Glenn E. Metcalf, subdivider for Bennedonna Heights, request- ing an extension of tine. for final approval of resubdivision No. 1 of Belledonna Heights Sub=division map for one year. Cmn, Rob-. insonemoved that a one-year extension be granted to the subdivider as requested by the applicant. Seconded by Crnn. Ledgerwood. All ayes, motion carried, It was suggested that in the future the City Engineer submit a recommendation for these extensions or rejections. 5- DEPARTMENT AND CONMISSION REPORTS, a, Planning. I (1) HEARING - CIVIC CENTER PLAN. Notice of hearing was read wherein the Council would consider the adoption of a Civic Center Plan, The Clerk stated there was^ no written correspondence. The Mayor asked for comments from the audience, MR. RAYMOND FEIST, stated that he represented the Zahlers who Center;. if the site proposed is selected and a Master Civic Center Plan is adopted that his clients would become a holding company for the City until such time as the City sees fit to purchase the property, He did not feel the City should ad0ptc.a Master Plan or Precise Plan until such time as the City was in a position to purchase the property in the area, and the City should consider how they could justly compensate these property owners. He fur- ther stated that the Zahlers had wanted to build on this property but the bank would not loan them money because of the contemplat- ed civic Center Plan, and he felt the practical aspects outweighei - owned considerable property in the area proposed for the Civic 3' 3 the legal aspects. It was pointed out, to Mr. Feist thatqthe adoption of a master plan is a step required by the State prior to the adoption of a precise plan. Cinn. Robinson stated that he felt the City had created a prob- lem and that now was the time to work out a plan that would be mutually agreeable to all parties as he did not see where delay would'help matters. Cmn. Baird stated that the intentions of the City are well known that the City wants to develop this area and asked how long it would be Before a precise plan could be adopted. Cmn. Baird was informed that it would be at least six months. The Council asked Mr. Feist if he felt his clients would be agreeable to the City purchasing the vacant property at this time, and they would continue living in the- homes. Mr. Feist stated he felt they would be agreeable to those terms. After considerable discussion, Cm. Ledgerwood moved that the City Attorneynbe instructed to prepare a resolution adopting the Civic Center Master Plan. Seconded by Cmn. Robinson. All ayes, motion carried. Cmn. Ledgerwood moved that the City Manager be instructed to proceed with negotiations with the Zahlers and i that a new appraisal be made of their property. Seconded by Cmn. Bakrd.. All ayes, motion carried. ... .?, ,: (2) VACATION OF STREETS - a. Ocean, Cedar, Elm and Carlsbad Blvd. This matter had been continued- for tw6 weeks as the owners of the Ocean Manor Apts., one of the applicants making the request for vacation of these streets, had requested that the matter be continued for 90 days. The Council continued the matter for two weeks in or- der that the other applicants could be contacted to see if they desired a 90-day continuation. MR. BIERS, resident manager of the Ocean Manor Apts., stated that he had contacted the owners of the Carlsbad by the- Sea and they wished to subrhit the following proposal. .lo Elm Avenue be designated a major street and that it be paved with gasoline- tax funds. 2. Ocean Street between Elm Avenue and Cedar Avenue, Ocean Manor Apts. and the Carlsbad By the Sea, would dedicate 5' in orlder to widen the street, and would initiate a petition for a lgll Street Improvement Act, as they are the owners of 60% of the property within this area. 3. Grand Avenue to be vacated 20' OR each side of the street, 'and the Ocean Manor Apts. and Carlsbad by the Sea this street between Carlsbad Blvd. and Ocean Street. 1 would initiate a petition for a 1911 Street Improvement Act .for 4. Cedar Avenue to be vacated 10, on each side but to remain as is until such time as. the property owners on the north side of the street wished street improvements. Several members of the audience voicedtheir objections to the narrowing of any street., to the beach. Mr. Stein was present and stated that he had circulated one of the petitions that contained 96 signatures and he had contacted no persons who was desirous of having any of these streets narrowed. Mr. Dale Austin, Attorney, stated that he represented several of the proper owners in the City who objected to the narrowing of any of these streets; the - procedure for vacation of streets is set out in the State law, and in order to vacate streets you have to show that you are not going to use these portions of the streets proposed to be vacat- ed; that the City should consider this vacation taxwise as the Lutheran ,Services of San Diego is a charitable organization. Mr. Austin was informed that at .present time the Lutheran Services of San D,iego were taxpayers. Cmn. Baied stated he lived on Ocean..Street and you cannot proceed down Ocean Street with two lanes of traffic, and he felt there was no need to increase the artieries on to Ocean Street. The City Engineer stated that the whole proceeding's originated when the three applicants requested vacation of these streets; I XI d Ira 2' J I I .. .. the matter'had.been brought up before the Planning Commission and the P%?ranning Commission requested ths' Engineering Department to, prepare plans based upon street needs and the zoning requirements. A committee had been appointed by the Planning Commission and this plan was the recommendation of the Committee, Their recommenda- tion further provided that if these street vacations were granted, that street improvements be required, Cmn. Robinson stated that in his opinion there were three factors to be considered: (1) Traffic Flow, (2) Aesthetic Yalue, and (3) Parking, Traffic Flow: In his opinion 601 is wide enough as you are only going to get two lanes of traffic; therefore there is no problem of traffic flow, Aesthetic Yalue: At the present time $here are no plans for hav- ing $hes,e streets improved and the City is not in a position fin- ancially; there is no defined street area; therefore if these streets were improved, it would certainly add to the aesthetic value of the City, P&.kinn: Parking has b.een a problem all over town, and particd- sly in this area during the summer months. He suggested that the Traffic Committee take this area into considerati on along with the downtown area, In relation to parking, some of the members of the audience sug- gested center parking, Cmn. Robinson stated that in his opinion the City would not be losing anythi,ng and would certainly be gaining 5' on ocean with two blocks of improvement, plus Grand Avenue being improved to Ocean Street;- that the peculiarity of ownership could certainly stop these streets being improved under the street improvement act, After considerable discussion, Cmn, Ledgerwood moved that the Council accept .the recommendation of the Planning Commission. The motion was lost for lack of a second. . The discussion was contin- ued among the Councilmen, Cmn. Robinson moved the. adoption of Resolution No. 344 declaring the Intention of the City Council to vacate a portion of Grand Avenue and Elm Avenue; and establishing a time of hearing, Cmn, Robinson withdrew his motion as it was suggested that perhaps a plan should be drawn by the Engineering Dept, setting forth.:these proposals, Cmn, Robinson moved that the City Engineer be instructed to prepare a map showing these pro- posed vacation of streets, and the City Attorney be instructed to prepare a Resolution of Intention declaring the intention of the City Council to vacate portions of Grand Avenue and Cedar Avenue. ,Seconded by Cmn. Baird, Three ayes, Cmn, Ledgerwood voting ((No'I. Notion carried. Buena Vista Circle, Memorandum from the Planning Cominission was read wherein they recommended. that a portion of Buena Vista Cirale be vacated in front of Lots 8 and 9. A sketch was present- ed to the Council showing this portion of the street. After con- ssderable discussion, a proposed resolution of intention was pre- sented to the Council for their consideration. Cmn, Ledgerwood moved that Resolution of Intention No. 341 be adopted, declaring the intention of the City Council to vacate a portion of Buena Vista Circle and setting the hearing for March 18, 1958. Second- ed by Cmn. Robinson; four ayes, Mayor Castorena absent, Carlsbad Blvd. Mr. Nelson informed the Council that a letter had been sent .to Wm, L. Kenyon, District Superintendent of the State Division of Beaches and Parks, together with a map of the area along Carlsbad Blvd, recommended by the Council to be vacated by the City tot he State for parking area for the State Beach, Mr. Nelson read a letter dated February 13, 1958, from Mr. Kenyon ac- knowledging receipt of the letter and the map, .stating he had discussed this matter with the Deputy Chief in charge of develop- City of Carlsbad desires 'the State to take over and maintah the several drain culverts which flow out onto the State Beach, and that he recommended that the state take over these culverts-pro- viding there are no legal complications and that their General Development Plan include the necessary revisions inasmuch as the . ments, and the Supervisor. of Development, , and advised them the 1 b City prolposes to abandon a large portion of the right-of-way to permit parking for vehicles, and that this phase would be studied in Sacramento. (3) pial Pica mve - Reclwi$ication, Memorandum from the Planning: Connndssion stating that the original applicant had asked thlat the'request for zone change of Pi0 Pic0 Drive from R-1 to R.03 be withdrawn and other interested parties had been contacted and the majority were not interested in thi.s rezone because of the precise plan and its req.uirements. Therefore, The Commdssion recommended that this matter be dropped. Pro- posed Ordinance No. 9079-B was presented to the Council for their rewiew, which ordinance repealed Ordinance. No. 9079 changing Pi0 Pic0 Drive from Chinquapin Avenue to Elm Avenue from Zone R-1 to Zone R-3. The City Attorney explained to the Council that this was an urgency ordinance as Ordinance No. 9079 would become effective March 8, 1958.' It was moved by Cmn. Ledgerwood and seco'nded by Cmn, Robinson that Ordinance No. 9079-B be adopt- ed. Four. ayes, Mayor Castorena absent. Ordinance No. 9079-B ' adopted. b) Engineering, (1) HEARING - Reso3ution of Intention No. 9.19 -FI - trict No. 3-1953. The Mayor announced that this was the time and place set for the hearing of Resolution of Intention No. 339, which changed Resolution of Intention No* 299 to show that $50,00 bonds would be kssued instead of $25.00 bonds as the 1911 Act had been changed. The Clerk presented the publication of the Notice of Hearing , It was moved by Cmn, Baird and seconded by Cmn, Ledgerwood that the publication be accepted and. that the Af- fidavit of Publication be ordered filed. All ayes,'motion car- ried.. The Clerk certified there were no written ,protests. The Mayor announced that the Council would now hear all oral pro- tests of those present who wished to speak. There were no oral protests', The Mayor asked the Engineer what percentage of pro- tests were received. The Engineer stated. that ,there were 0% protests. Cmn., Baird moved that Resolution No. 342 be adopted No. 299. Four ayes, Mayor Castorena absent. Resolution No. 342 adopted. (2) 'ferramar Water Co, The City Attorney informed the Council that a rough draft of the Agreement of Purchase of the Terr,amar Water Co. by the City had been prepared and a copy had been pre- sented to Mr. Cannon and Mr. Ecke for their comments;. that a meetiiag had been held with Mr. Ecke and Mr. Cannon to discuss the agreement and they had suggested some changes which he wished to present to the Council for their approval. He explained that the entire agreement was contingent upon the exhibits that would be attached to the agreement; the purchase-price. was $117,500.00, and the funds would be obtained solely from-Proposition "Bn of the Mutual bond election; purchase monies could .be deferred for a period of one year and would bear interest at the rate of 4% after April 1, 1958; however, the owners wished the City to take over the company as of March 1, 1958, if an agreement could be reached. He further stated that the final draft would have to be prepared, together with all exhibits and suggested that the Council hold-an adjourned meeting prior to March 1, 1958, to ratify these exhibits and the agreement. After considerable dis- cussion, it was suggested that the Mayor be authorized to sign the agreement as outlined by the City Attorney. Cmn, Robinson moved that the contract be approved as outlined by the City Attorney, subject to the final'exhibits, and that the Mayor be authorized to sign the necessary papers. Seconded by Cmn. Ledgerwood. All ayes, motion carried. - over-ruling all protests and amending Resolution of Intention -Cmn. Baird asked to be excused at 10:55 Po PI. (3) SEWGRS. "_ A. McKinley Street - Award of contract, Letter from Earco was read wherein they enclosed a check in the amount of $800.00 representing their share of the cost of sewer line on McKinley, and requesting that the City advance the balance of the funds necessary in order that the sewer line on McKinley can be com- pleted. The City Engineer informed the Council that all of the property owners had not contributed their portion of the contrace 3s l a "4 it :%J 2 I price; there was a balance of $963.00 needed in order to start the project. GLADYS HARBNER stated that she was a property owner on McKinley and at the time the petition was circulated she had signed it; when the petition was circulated it was her understanding that the connection would be made on Basswood and that they would. not be required to pay for the sewers all at one time. Sihce that time she has been informed- that the sewer line would be connect- ed to the Pine Avenue sewer line and that this was a cash basis project. 'She asked if she could have her name removed from the petition. MRS. KOZDGRA ,stated that they had signed the petition but they had been misinformed as to how this ^could be paid. She stated that they could not pay for their share all at one time but could probably pay for it within .six months. Cmn. Robinson absented himself from the Council and stated that he and his partner, Mr. Ebright, took over this property with the understanding that this petition had been signed; they were will- ing to go either way - on a cash basis or under the 1911 Act. It was suggested' by the City Engineer that whenever a petition is being circulated for sewers on a cash basis, that a deposit be 'made by the person signing the petition. After considerable discussion, Cmn. Baird moved that the funds be advanced from the sewer main Revolving Fund to cover this defici- ency 'in the amount of $963.00. Seconded by Cmn. Ledgerwood. Three ayes, Mayor Castorena absent and Can, Robinson abstaining. Motion carried, ,B. Skyline Drive. The City Engineer informed the Council that a petition was being circulated on Skyline Drive for an Im- provement District under the 1911 Act for sewers and requested that the Heath Officer make his inspection and recommendation. By common consent of the Council the City Engineer was instructed to, secure a report from the Health Officer for Skyline Drive. (4) BQrovewnt District - osevelt Street. The City Engineer informed the Council that all of the signatures on the petition for the improvement of Roosevelt Street had been checked and two more signatures were needed in order to waive the Debt Limitation procedure, and he was sure the signattires would be obtained with- in the next few days. (5) Buena Vista Terrace Subdivision - Final Map. The City Eng- ineer presented the Final Map of the Buena Vista Terrace Subdivi- sion for the Councilts approvalr Cinn, Robinson asked'to abstain from all, discussion and voting on the matter. The Council asked if the funds had been deposited for the street improvements and they were informed.they were not. Cmn. Ledgerwood moved that the Final Map of Buena Vista Terrace be approved, and the signatures be wi,thheld until such time as the funds had been deposited. Seconded by Cm, Helton. Three ayes, motion carried. c) Park and Recreation. - (1) Recommendation on How Grove' acquisition. The City Manager stated that the Park and Recreation Commission had requested I that this matter be continued until the next meeting of the Coun- cii . d) Harbor. I that this matter be continued until the next meeting of the Coun- cii . d) Harbor. (1) mendation on outboard reeratf;a. mrch' 2. 1958, Memo from Harbor Commission was read- stating they had considered the request by the Carlsbad Boat? and Ski Club for permission to hold a stock outboard regatta in the Pirates' Cove on March 2, 1958, and after discussion with the applicant approved the date and .. event, subject to certain conditions outlined in the memorandum. y Cmn. Robinson'moved that a permit be issued to the So'at and Ski Club, subject to the conditions recommended by the Harbor Commis- sion. Seconded by Cmn. Ledgerwood. Three ayes, motion carried. (2) -n reauestiw Governor to nut Harbor" Revenue Bond8 on special call of 1958. Legislative Session. Mr. Ewald, Secre- tary of the Harbor Commission, was present and- stated that he had been in Sacramento last Friday, and Senator Kraft suggested that Harbor Revenue bonds be put on special call of 1958 Legis- lative Session and a resolution of the City Council to this ef- fect be sent to the Governor . After considerable discussion, Cmn. Robinson moved that a letter be directed to the Governor and Senator Kraft requesting that Harbor Revenue Bonds be put on special call of 1958 Session. Seconded by Cmn. Ledgerwood. Three ayes, motion carried. 7- OLD BYSINESSS: (1) Bea. t for 2 - hr. Darkiw - Frank Sm . At the meeting of Februz 4, 1958, the request for %hr?$arking by Frank I Small wals referred to the Traffic Safety Cornittee for their recommenldation. A report from the Traffic Safety Committee was read wherein they recommended that 2-hr. parking extend north to where the parallel parking begins. The CLty Attorney stated that at the time the traffic ordinance was prepared it was the intent that the 2-hr. parking extend up to the parallel parking area on State Street. . Mr. Robert Garland was present and was asked if this parking restriction would inconvenience his business, He stated that it would not as they are in and out of their' cars frequenlly. He further stated that he 'had been asked to serve on a citizens' traffsc commission and so far none of these problems ' had been brought before them and he was concerned as to what the Citizens' Traffic Commission's duties were. The City Manager ex- plained that he did not feel the Commission wanted to discuss the technicd changes in the traffic ordinance but more of the broad problems or new areas of legislation. After considerable discus- sion, Cnrn. Ledgerwood moved that the request for 2-hr. parking on State Stxeet be granted, and the City Attorney be instructed to prepare an ordinance change to carry out this request. Seconded by Cmn. Robinson. Three ayes, motion carried. (2) off Street Parking Area on State Street. The City Manager stated that he had been contacted by the owner of the property where the old gas station was located on State Street,- and he-has offered this property for parking area. The lease amount would be the amount of property taxes each year. By common consent the Council asked that the matter be referred to the Citizens' Traf- fic Safety Commission for their recommendation. (3) mnd re-@ Ordinance No. 8026 - Historical._dl-. A second reading was given Ordinynce- No. 8026 allowing buildings of "Hisltorical Significance" to be moved, repaired, etc, Cmn. Robinso~n'moved that Ordinance No. 8026 be adopted. Seconded by . Cmn. Ledgerwood. Cmn. Baird and Mayor Castorena absent. Ordin- ance No,. 8026 adopted . (4) Contract with Marshal and County for Transportation of Pris- - oners. re contract between William D. Garland, Marshal, and the County of San Diego for the, transportation of prisoners for the City of Carlsbad was presented to the Council for their review and app:roval. It was moved by Cmn. Ledgerwood and seconded by Cmn. Ro'binson that the Mayor be authorized to sign this contract. Three a:yess Mayor Castorena and Cmn. Baird absent, motion carried. .. 8- NEW BUSINESS: (1) *dinance No. 8022. Connection of natural gas fuel to House Trailerg. Proposed Ordinance No. 8027 was presented lo the mem- bers of. the Council for their review, relating to the connection of natu.ral gas fuel to House Trailers. Cum. Ledgerwood moved that this constitute the first reading of ilrdinance No. 8027. Seconded by Cmn. Robinson. Three ayes, Mayor Castorena and Cmn. Baird absent, motion carried. 9- PAYMENT OF BILLS 0 RATIFICATION OF PAYROLL. Cmn. Robinson moved authorization of payment of bills from Febru- ary 4, 1958, to February 18, 1958, in the amount of $5,719.37, as certified by the Director of Finance and approved by the Audit- ing Committee. Seconded by Cmn. L.edgerwood. All ayes, motion carried y tC Cmn. Robinson moved ratification 09 the payroll for the first half .of February, 1958, in the amount of $8,732.56, as certified by the *Director of Finance and approved by the Auditing Commit- tee, Seconded by Cmn. Ledgerwood. All ayes, moti'on carried. 10- AQJOURNNENT *It -was ?moved by Cmn. Ledgerwood and seconded by Cmn, Robinson thai the meeting be adjourned to February 28, 1958, at 5:30 P. M. The meeting was declared adjourned at 11 :40 IJ. M. Respectfully submitted, I A 'Deputy City Clerk """""""""""""""""". .. MINUTES OF ADJOURNED REGULAR MEETING OF CAKLSBAD CITY COUNCIL Febrw 28. 1958 1- The meeting was called to order at 5:55 P, M. by Mayor Castorena. Present besides the Mayor were Councilmen Robinson, Helton; City Cmn. Ledgerwood and Baird absent. 2J Manager. Nelson, City Attorney Smith, and City Engineer Kubota. -*I n 2 2" -ad Mutual Water Comanv Contr&. The City Attorney in- d formed the Council that at the time the conference was held in Los Angeles with O'Melveny b Myers, members of the Carlsbad Mutual Water Company Board and the officials of the' City, additional in- formation was submitted to O'Melveny b Myers whereby they felt they would be in a position to file the friendly suit in accord- ance with the contract. This morning he had received a call from O'Melveny b Myers stating they had run into some snags; if the suit were filed it would be a lengthy suit, great expense to the citizens of Carlsbad; they suggested having the contract amended by putting the matter to vote on the April -8th election. Later this afternoon they had called back and had given him the wording for the proposition which reads as follows: PROPOSITION llAtl - CONTKACT AMENDMENT Shall the City Council be authorized to amend the Agreement of Purchase between the,City of Carlsbad and the Carlsbad Mutual Water Company (dated 'August 30, 1957, and approved by the voters of the City December 17, 1957, and on file in the office of the City. Clerk) by striking therefrom the provision requlring litiga- tion, to-wit : "(c) The power -of the City and the Mutual, re- spectively, to enter into, .and carry out the terms of, this agreement, has been established by a decree of a court of -competent jurisdic- tion." 1 YES NO The City Attorney pointed out that the Board of Directors were authorized to amend this contract, but the City Council could not unless it was voted on by the citizens of Carlsbad. W. Dennis Wood, Secretary of the Board of Directors of the Mu- tual, and Mr. Phillips, one of the Directors of the Board, were presented-and stated'they felt the Board wouid agree to such amend. ment of the contract. After considerable discussion, proposed Resolution No. 346 was presented to the Council for their review, ordering that a propo- sition be submitted to the voters of said City in the General Munia cipal Election to be held on April 8, 1958, for the purpose of de- termining whether or not that certain contract between the City of Carlsbad and the Carlsbad Mutual Water Company should be amended. Cmn. Helton moved that Resolution No. 346 be adopted. Seconded by Cmn. Robinson. Three ayes, Cmn. Ledgerwood and Baird absent. Resolution No. 346 adopted,