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HomeMy WebLinkAbout1958-05-06; City Council; Minutes4 Mayor Baird stated that the Assistant Planner is very close to being a full time planner and that probably within the next year we will have a full time planner. - MAX 0, Eh‘BLD stated he was being penalized for his many activites in the community, and he had served the City for five years; that for the first six weeks he had served the City for nothing when the City First started; for two years he received $200,CO per month and the first yea he was City Clerk he received $300,00 per month. The reason he had taken on additional duties was to save the City money. He pointed out that Price before election had stat.ed publicly that he did not want an; thing but the Clerk’s job and the statement should be fulfilled. €le adc that consideration should be given to qualifications. Cmn. Helton stated that the City Manager has the power to hire a building inspector. The City Attorney concurred that the Manager has the right to hire all but elected officials. Cmn. Lough asked if this ordinance could be repealed or amended. The City Attorbney informed the Council that it could be. The City Manager stated that he would be glad to hire a building inspector if the Council wishes. Cmn. Lough stated it should be on‘ a temporary basis; within the next 30 days a reorganization plan would be presented to the Council , and il @3 necessary for the voting public, which would save the City $10,000 in 5-4 administration salaries. This plan is the result of numerous conferencf ‘_n% held over the past year, and the private meetings were being held at IC e e daily to prepare thks plan for submission to the Council, and under thj CJ new system a savings can be effected and come up with a qualified engiI who can answer any questions regarding building; the plan is still in the preliminary stages; Cmn. Lough Eurther stated they were morally bound to come up with the plan discussed and it would be presented wit1 the next 30 days. Meantime he felt the 14anager should continue to hire on a temporary basis. After considerable discussion the City Manager wi instructed to hire a Building Inspector on a temporary basis. 7-E BUSINESS: A. Bpnointments-Pl arming Commission (2). and Harbor Commission (1) The Mayor requested this matter deferred until the next regular meeting B. Discussion of nossible annexations, The Mayor asked the Council to consider these proposed areas for possible annexations. 8-ADJOUKhMENT. It was moved by Cmn. Lough and seconded by Cmn. Ledgerwood that the meeting be adjourned, The Mayor declared the meeting adjourned at 10:37 Respectfully submitted, >&*d - F 42zzez& MARGPET E. ADA&S Deputy City Clerk ”~~”””“““”~”””””~””””~ MINUTES OF REGULXK PIEETICNG OF CAKLSBAD CLTY COUNCIL - May 6 , 1958 1- The meeting was called to order at 7:03 P.N. by biayor Baird. Present besides the Mayor were Councilmen Ledgerwood, Helton, Lough and Councilwoman Sonneman; City Mangger Nelson and City Attorney Smith. 2- Invocation was offered by T. Bruce Smith, City Attorney. 3- Cmn. Lough asked that a correction be made’ in the minutes of April 15, . 1958, wherein the ‘Mayor requested that a letter of appreciation be sent to the two councilmen for their past serv.ices, the word “letterff be changed to llresolutiontl. Cwn. S;nnernan moved that the minutes of April 15, 1958 be approved as corrected. Seconded by Cmn. Ledgerwood. All aye motion carried. It was moved by Cmn. Lough and seconded by Cwn. Sonnaman that the minut of April- 22, 1958 be approved as submitted. All ayes, motion carried. ~-WII~TTEN’ CORRESPONDENCE: The City Manager announced that a notice of Playor’s and Councilmen’s I 'a "4 n fc A 3 I I 42 opposed to the abatement of trash and weed nuisances. The City Manager certified as to the posting of notices on the property and as to notices being sent to all property owners having such nuisance, A map was presented showing the properties involved, together with a list of the property owners, their address .and parcel number. . MRS. ARTHUR H. SNYDER, 710 Grand Avenue, asked if this abatement applied to just $acant property, or does it include residential. She referred to the property on the northwest corner of Grand and Madison, and stated- last year the property owner refused to clean this property and this yea1 it was in a worse condition. Mr. Westree informed Mrs. Snyder they had tried to include all propertites have such a nuisance, but in checki* they found this property had not been sent a notice and would have to be included on the next inspection. - MRS0 GKEENFi;'CiOQ,1166 Elm Ave. , stated she owned vacaht property on Elm Avt and had allo.wed some boys to plant this property; the boys ware informed by some city official they should not plant within 100' of the east pro- perty line; she had received a notice to abate tile weeds on this propprtl and wondered who should take care of this strip. She felt the City shbulc &so take care of the weeds adjoining her property. Cwn, Sonneman moved that the Public Works Director be instructed to abatf these nuisances. Seconded by Cmn. Ledgerwood. All ayes, motion carried. (2) Elm Avenue Lighting District - ,1911 Act. The question 'was raised that if the Council wished 'a uniform type of standard throughout the City, and it was not the same as the one included in the Plans and Spec- ifications, wbu%d this change the Resolution of Intention. The City Attorney informed the Council this would effect the Resolution of In- tention because this resolution set forth the cost of constructien. The plans and specifications were presented to the Council for thB&:review, and the Nayor asked the Council if they wished to decide ona uniform standard for lighting throughout the City. After considerable discus- sion Cmn. Helton moved the Resolution No. 369 be adopted, subject to the wording in the title of the resolution being corrected, approving plans and specifications for ornamental street lights, and approving Assess- ment District Map No. 1-1958. .Seconded by Crnn. Ledgerwood. Four ayes, Cwn, Sonneman abstaining. Resolution #369 adopted. Resolution No. 370, was presented, declaring the intention of the Council to order the construction and installation of ornamental street lighting standards and appurtenances and declaring the work to be of more than local or ordinary public benefit; describing the district to be benefitec by said work and to be assessed to pay the cost and expense thereof; determining that bonds shall be issued to represent assessment to be levied; and fixing bhe time and place for hearing protest and objections to said work or the extent of the district to be assessed, or both, and giving notice thereof, It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that Resolution #370 be adopted. Four ayes, Cwn. Sonneman abstaining. Resolution No. 370 adopted, (3) Juniper Avenue Sewer Project - 1911 Act. Letter dated April 30, 1958 from Dr. Askew, County Health Officer, was read, wherein he stated his opinion the sewer problem on Juniper Avenue was a health menace. Cmn. Ledgerwood moved that the opinion of the Health Officer be spead upon thc minutes. Seconded by Cwn. Sonneman. Five ayes, motion carried. The opinion read as follows: April 30, 1958 The Honorable City Council of Carlsbad P.0. Box 265 Carlsbad, C.alifornia Attention: Mr. Jack Y. Kubota, City Engineer Gentlemen: I, the undersigned Health Officer of the City of Carlsbad, California am familiar with the plans designated for sewers in $he area of the proposed improvement district on Juniper Avenue as outlined on your map dated April 24, 1958 in the City of Carlsbad, County of San Diego, State of California, I understand that proceedings under the Improvement Act If 1911, Division 7 Of the Streets and IIighways Code of the State Gf California, 2% are contemplated for the construction of sanitary sewers, as shown on the proposed improvement district map dated April 24, 1958. I Am familiar with the territory to be served by the proposed sewer system as shown on sai& map. Said territory is in dire need of sanitary sewers, and the public health requires that sanitary sewers be constructed to serve it. This letter is submitted pursuant to Section 2808 of said code. I find and recommend as follows: 1. That the con,struction of sanitary sewers, as shown on said plans, is necessary as a health measure. 2. That proceed.ings for the construction of. said sanitary sewers are necessary as; a health measure. 3. That proceedlings for the construction of said sanitary sewers under the Improvement Act of lgll are necessary as a health measure. 4. That 1, 2 and 3 above are necessary as a health measure. Very truly yours, /s/ 3. B. ASKEW, M.D. JBA: jc 3. Be ASKEW, Me De Health Officer of the City of Carlsbad The Bouncil wqei informed a petition had been presented and there were more than 60% of the property owners who had signed this petition for sewers under thle 1911 Act. It was pointed out there was a tree in the middle of this street, but the property owners had requested that this tree not be removed, and proposed that the sewer laterals be included in the 1911 Act proceedings, as some of the property owners would be paying more forb their laterals than others. It was moved by Cmn. Helton and seconded by Cmn. Lough that the City Attorney be instructed to pregarf the necessary d.ocuments for this proceeding under the 1911 Act., and that the City Engineer be instructed to prepare the plans and specifi- cations. Five ayes, motion carried. (4) -view Ave.. and Skvline Rd. Sewer Proiect - 1911 Act. Letter dated April 30, 1959, from Dr. Askew, County Health Officer, was read, wherein he stated in his opinion the sewer problem on Juniper Avenue was a health menace. A petition was presented together with a map of the area. The petition as yet was not signed by 60% of the property owners. The City Manager informed the Council this area is the most serious of any area in the City; it is the only area in which the Health Department requires a percolation test before a new building can be c.onstructed. MR. R. L. WATscg, informed the Council that he lived below Skyline on Sunnyhill and the sewer problem on Skyline was a serious problem, Because of an artesian condition their sewer was draining down on to Sunnyhill. The people on Skyline have a serious problem as some have large investments, but felt that steps should be taken to remeardy this condition. He stated he would be happy to circulate a petition in support of the Health Officers opinion for the people on Sunnyhill to sign. Cmn. Helton moved that the opinion'of the Health Officer be spread upon the minutes. Seconded by Cmn. Lough, Five ayes, motion carried. The opinion of the Health Officer. was as follows: April 30, 1959 The Honorable City Council of Carlsbad P.0. Box 265 Carlsbad, California Attention: Mr. Jack Y. Kubota, City Engineer Gent1 emen: I, the undersigned Health Officer of the City of Carlsbad, California, am familiar with the plans designated for sewers in the area of Skyline Road and Clearview Avenue as outlined in your pnoposed improvement map dated April 24, 1958, in the City of Carlsbad, County of San Diego. St ate of California. I. 8 -4 la e 3 I I c e I understand thet proceedings under the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California, are contemplated for the construction of sanitary sewers, as shown on the proposed improvement district hap dated April 24, 1958. I am familiar with the territory to be served by the proposed sewer system as shown onsaid map. Said territory is in dire need of sanitary sewers, and the public health requires that sanitary sewers be constructed to serve it, This letter is submitted pursuant to Section 2808 of said Code X find and recommend as f ollowsr 1, That the construction of sanitary sewers, as shown on said plans, is necemary as a health measure, % 2, That proceedings for the construction of said sanitary sewers are necessary as a health measure. 3. That proceddings for the construction of said sanitary sewers under the improvement Act of 1911 are necessary as a health measure, 4. That 1, 2 and 3 above are necessary as a health measure. Very truly yours, /s/ J. B. ASKEW, M. D. JBA: jc. J. B. ASKEW, M.D. Health Officer of the City of Carlsbad It was moved by Cmn. Helton and seconded by Cmn. Lough that the City Attorney be instructed to prepare the documents for the proceedings under the l9ll Act, and the City Engineer be instructed to prepare the plans and specifications. All ayes, motion carried. Mr. Watson was re- quested to circulate a petition on Sunnyhill Drive in support of the Health Officers opinion. .(S) Poosevelt Ave. Imorovement Pro.iect - 1911 Act, This matter had been anartinuted until this meeting in order for the property .owners in this area to decide what they really wanted. There were several of the prop- erty owners present in this area, RUDY MOKENO, informed the Council the property owners had held another meeting and had decided upon a 488 width street, He asked if they pro- ceeded with a 481 width street, including curbs and sidewalks, would they receive any financial aid from the City, The City Attorney pointed out the City can contrhbute towards a lgll project, provided that it is for the benefit of all the tax payers in the City and not for just the persons' living on the street. -,stated that the people on Roosevelt had spent much time in trying to work out some way in which this street could be improved, Roosevelt is a main thoroughfare for outside travel; he did not feel it would be fair for tihe property ownrss to have to foot all the bill; if this street were improved it should not be a 481 street because of the travel, ,MR. LYNN, stated they are now oiling this street where it needed repair. He felt a count should be made of the .traffic, as this is an outlet from the freeway, Cmn. Lough stated he felt these people should be advised there are other alternatives. The street could be paved with "cold mix" at approximately ,SO per front foot and would last about three years. He had checked with other cities and they had used this method, He further skated this was part of the plan which they would present to the Council next week, Mr. Moreno asked if they could still have curbs and sidewalks under this plan, and he was informed if they wished they could at an additional cost, He also asked if the petition that had been circulated would be accepted I this alternative plan. The City Manager read the request on the petition wherein it called for asphaltic concrete street. After considerable discussion the Council, .by common consent requested the matter be deferred for thirty days until the reorganization plan had q3 &I been presented. (6) Park Avenue! Drainage Reoort. By common consent of the Council the matter was deferred until the next regular meeting, (7) -est for Aid - Disaster Relief Fund, The City Manager informed the Council the State Department had forwarded an application for aid to . cities who had received damage during the bad rainstorms, The City had estimated thhkr damage at $11,600, Mr. Nelson pointed out there would be many applica.tions submitted, and we sould probably only receive a certain percent,age; enclosed in the letter from the State was a pro- posed resolutiom in case the City wished to apply. The Council felt . any aidthat. would be received would be helpful. Cmn, Helton moved that Resolution No. 376 be adopted, applying for funds from the Dis- aster Relief Fund, Seconded by Cmn. Lough, Five ayes, Resolution No. 376 adopted. b. Planning. $1) HEARING - 7:.'?0 P.M. ProDosed amendment bo Ordinance No. 9060, Resolution of the Planning Commission was read wherein they recom- mended that Ordinance No; 9060 be amended by adding to Section 1400, lo(aa) Ambulances, and lO(bb.) Mortuaries, placing both items under Con- ditional Uses, and excluding them from R-1, R-2 and R-3 Zones; and de- leting Section 800 (2) Item (i), Mortuaries, MR. DALE GINN, was present and stated he had been trying for several years to find a suitable location, Upon recommendation of the former Planning Consultant,' and the approval of the present Planning Consultant he had purchased property in an R-1 Zone, Proposed R-3. He had tried to purchase pro'perty in the R-P Zone and because of the required .off- street parking had been unable to find a suitable location, He requested the Council to allow mortuaries in an R-3 Zone, or proposed R-3 Zone under a special use permit. The Mayor called upon Mr. Fennel, one of the Planning Commissioners, and asked his opinion of this recommendation. Mr. Fennel stated it was not his understanding that they would not be allowed in R-1, R-a and R-3 ~ zones, but that they would only be allowed through a conditional use permit, The Mayor stated there must have been some misunderstanding Cf soem of the members of the Planning Commission at the time they passed their resolutioln recommedngin this change. Cmn. Lough moved that the matter be referred back to the Planning Commission for their further consideration, that they submit a weport as to any objections to mortu- aries in an R-3 Zone, or proposed R-3 Zone, and the matter be returned to the Council for their meeting in May 20, 1958, Seconded by Cmn. Ledger- wood. All ayes, motion carried, It was moved by Cmn. Ledgerwood and seconded by Cmn, Helton that this hearing be continued until May 20, 1958 at 7:30 P,H, All ayes, motion carried, (2) HEARING - Reclassification and Precise Plan of Paclfxc PI- , Not.ic e of hearing was read. Resolution of the Planning Commission was read where in they recommended the approval of the precise plan of Pacific Plaza, setting forth conditions E8r permittbd modifications. Mr. Kalicka req:uested the word "walks" be inserted instead .of "malls1' on Pabe 2, line 29, paragraph 4 of said resolution. Public hearing d osed at 8:30 P.M. After considera,ble discussion proposed Resolution #371 was s-ubmitted for the Council's review, Cmn. L.ough moved that Resolution #371 be adopted, subject to the correction as requested, adopting the precise plan of Pacific Plaza, setting forth conditions for permitted modifica- tions thereof. Seconded by Cmn. Helton, Five ayes, Resolution NO. 371 adopted. - Resolution #60 of the Planning Commission was read wherein they recom- - mended reclassification from Zone R-A to Zone C-P, of certain property dhsignated "Pacific Plazat), Resolution No, 372 was presented to the Council for their review, announcing findings and decision regarding change of zone cladsification of property known as Pacific Plaza from Zone R-A to Zone C-2. Cmn, Helton moved the adoption of Resolution No. 372. Seconded b y Cmh. Lough, Five ayes, Resolution No, 372 adopted. .. (3) HEARING - Tenkative ma0 and reclassification -of -1sbad Gardens, . Resolution of the. Planning Commission was read wherein they approved the tentative map of Carlsbad Gardens and setting forth certain conditions, A letter from the subdivider was read, requesting certain changes - type ffE" curb (rolled curb) be installed of Type "G" as recommended by the Planning Commission, and that the lot widths of the corner lot be approve MR. KALICKA, representing the subdivider, stated this was .a "lot sale" deal and that it was easier to tear out rolled curb when the owner builda than if you have the vertical curb. I Mr. Lough informed the Council he felt a standard curb should be set up 6or these subdivisions so there would be no .question in the-subdividers mind at the time they prepared their plans; also he felt there should be some uniformity in this area as to curbs, as there is a possiblity that Seacrest Estates (who were previously granted rolled curbs) night at somc future date join this subdivision. After considerable discussion it was moved by Cwn, Sonneman that Resolu- tion #375 be adopted, approving the tentative map of Carlsbad Gardens, in accordance with the recommendations of the Planning Commission, ex- cept for the following changes: (1) that Item 10- Lot widths of corner lots be approved, (2) that type "E-ln curb' and gutter be installed in- XI stead. of Typp rtG", Seconded by Cmn, Ledgerwood. Five ayes, Resolution -4 No. 376 adopted. f3 $ Notice of' hearing for reclassification and precise plan was read, Pro- ,J posed Resolution No. 373 was presented to the Council for their review, Adopting a precise plan for Lots 1, through 12, inclusive, of Carlsbad Gardens, Cmn. Helton moved that Resolution No, 373 be adopted, Second- ed by Cipn, Ledgerwood, Five Ayes, Reso&ution No, 373 adopted, Resolution No, 62 of the Planning Commission was read wherein they ree commended reclassification from Zone R-1 to Zone R-3 of Lots 1 through la, inclusive, of Carlsbad Gardens. Proposed Resolution No, 374 was pre- sented .to the Council announcing findings and decision regarding change of zone classification of Lots 1 through 12, inclusive of Carlsbad Gar- dens, It was moved by Cmn. Helton and Seconded by Cmn, Ledgerwood that Resolution No. 374 be adopted, Five, ayes, Resolution No, 374 adopted, Proposed ordinance.No. 9087 was presented to the Council, amending Or- dinance No. 9060, permitting reclassification from Zone R-1 to Zone R-3 of lots 1 through 12, inclusive, of Carlsbad Gardens. Cmn. Heltdn moved that ,this constitute the first reading of Ordinance No. 90.87, Seconded by Cwn, Sonneman. Five ayes, motion carried, A short recess was declared by the Mayor, The meeting reconvened at I 9: 52 P.M. (4) HEARkNG - Amendment to Ordinance No. 9060 - AllowinP structural Pes and alterations to existixw residential structures in "C" and, IlM" Zones, Notice of hearing was read, Resolution 163 of the Planning Cqmmission was read recommending an amendment to Ordinance No. 9060, ,Section 1705, paragraphs B (1) and C (11, to allow structural changes and alterations to existing residential structures in nCtl and I'MfJ Zones. After considerable discussion Cmn, Helton moved that the recommendations of the Planning Commission be accepted and that the City Attorney be instructed to prepare a resolution in accordance with the recommendation of the Planning Commission. Seconded by Cwn. Sonneman, Five ayes, motion carried, (5) Continued - Buena Vista Circle Street vaction request, A letter fro the San Diego Gas & Electric wqs read wherein they withdrew tMLr protes of this street vacation as they had received the requested easements. There were no other written or oral protests, Cmn. Ledgerwood moved that the City Attorney be instructed to prepare a resolution to vacate a por- tion of Buena Vista Circle as requested. Seconded by Cmn. Helton, All ayes, motion carried, (6) Pet1tlonfor vacation of nor .. tion of Ponderosa Drive. Petition was presented to the Council from P.S, Allen, requesting vacation of a*por- tion of Ponderosa Drive, now Shore Drive, Several of the property owners in the Terramar area were present, stating they belonged to the Terramar Association, Inc., to voice their objections to such vacation c grounds that if this were vacated they would not have access to the beach, It was pointed out that a few months ago Mr. Cannon had requestec vacation of this property, but withdrew his request and he had now deed< 3 e a 30' strip of' land to the Terramar Association, to allow them access to the beach, Mr. P,S. Allen informed the Council he did not want to deny anyone in the Terramar Association access to their property but . that other than Terramar residents are using this access and creating a nuisance, He further stated ,he would be willing to draw up a lease setting forth these conditions; that two members of the association be on the committee to draw this lease and he would be the third party.. Some of the members felt' they would not be able to live up tbathb re- strictions that would be imposed upon them. The City Attorney was asked to explain the legal procedure for vacation of streets. After consider- able discussion it was moved by Cmn. Helton and seconded by Cmn. Ledger- wood that the matter be referred to the Planning Commission and that they report back to.the Council for the meeting of May 20, 1958. Four ayes, clpro. Lough abstaining. Motion carried, I (7) Final UD - aradise Estates Unit #2 Subdivision, It was pointed out to the Council the approval of the final map hinges on the improve- ment plan being complied with. MR. WATSON,builder, stated he is willing to offer financial aid t4 install a more complete drainage system to take care of all the water that comes down into this area, The City Engineer had estimated that an underground drainage system would cost approximately $2,000. Mr. Watson further stated he had provided adequate drainage for his particular subdivision. The Engineer presented a drawing of the pro- posed underground drainage, and informed the Council the final map could be approved without this additional work, but if they wanted to consider a long range program this plan was suggested. Cmn. Helton moved that the Final Map b e approved, subject to a contract being entered into between the City and the Subdivider,' the contractor posting' proper surety, and the City Clerk &e authorized to sign the final map at such time (9s the contract and the sureties had been properly pre- sented to the City. Seconded by Cmn. Ledgerwood. Four ayes; Cmn. Lough abstaining . C. Park and Recreation. (1) upnation of Morten Nielsen from Park and Recreatkon Commissioq. The Council accepted Mr. Morten Nielsents resignation and asked that a letter of regret be sent to Mr, Nielsen, d. Fire Deparltment. (1) + lpr attendant at Fire TraininP Officer's Workshoo. Fresno, I;aa;j.fornrb 'The City Manager informed the Council the Fire Depdtment had requested that one of the Firemen attend this OfPicer's Workshop: for the past two years Jack Osuna had attended, and as this was a three year course they would like him to attend this year, and there were fund available. It was moved by Cmn. Helton and seconded by Cmn, Lough that the funds be 4authorized to enable Jack Osuna to attend this workshop. All ayes, motion carried. -OLD BUSINESS: a. &nointmen$s -PlanninP Commission (2) .and Harbor Commission (11. . The Mayor requested this matter deferred to the next r egular meeting. b. mart on gffer of DarkinF lot -. Garfield ci Chinwin Streets. The City Manager inforemed the Council that the San Diego Gas @ Electric Co. had a per:mit from Mr. Ecke to fence the area used by swimmers and . $ishermen Bha't had been referred to by Miss Daaies, therefore, it was felt that the parking problem would be oleviated. Miss Davies has been informed and was in agreement that she should withdraw her offer. -c. BPns requested bv CarJsbad Chamber of Commerce, The City Manager suggested this matter be referred to the Traffic Safety committee. It was moved by Cmn, Lough.that the matter be referred to the Traffic ::- Safety Committee. Seconded by Cmn. Ledgerwood. All ayes, motion carried. r- NEW BUSINESS: a. Discussion of rubbish €3 aarbape collection servieh The City Manager informed the Council the contract with Marrons would expire on June 30, 1958 for garbage and trash collection; Marrons had indicated they would like to give this service up prior to that time; he asked if the Council wished to change any of the terms of the contract, and it was felt that bids should be submitted for this service. It was moved by Cwn. Sonnemaa and seconded bp Cmn. Lough that the City Manager proceed to obtain bids t * for this service, All ayes, motion carried. b, -st for better -Bus StoDs on Grand Avenue at Carlsbad Blvd. and Roosevelt st, The Council was informed that a request had been made by the City of Oceanside for better bus stops on Grand Avenue at C.arlsbad Blvd. and Roosevelt Street. By common consent the matter was referred to the Eraffic Safety Committee for their recommendation, C. ReDort bv City AttornevL The City Attorney informed the Council he had two matters to discuss with the Council, ' (1) Hall Wells, When *we purchased the Terramar Water Company, the City agreed to pay $50.00 per month for water rights to Hall Wells. Even though we were not using these wells at the present time, we may lose our water rights if we do not pay the $50.00 per month, If the After considerable discussion Cmn. Lough moved that in order to avoid litigation and to preserve our water rights that the City pay the $5O,OC per month bb the owner. Seconded by Cwn. Sanneman. Five ayes, motion carried. (2) Annexation of East Carlsbad kC2.1, Mr, Smith informed the Council that Oceanside would hold a hearing for annexation of a part of this are prior to June 3, 1958, which was the date set for our hearing, and he I Council chase not to pay this $50,00 we would be subject to. litigation, m would like permission from the Council to file an injuction to prevent -4 the City of Oceanside from going ahead with their hearing, da % MR. GLENN FEISTI, stated he had a client who owns 12 acres, which is the * property the City of Oceanside would be holding a hearing on, and who is .J interested in constructing a sewage disposal plant. He pointed out that they had agreed to move this plant to the east, which would be located approximately 1000 feet east of the new shoppiing center, Cmn. Lough informed the Council he had talked with one of the Council - men from Oceanside and he hoped to arrange a meeting with some of the members of the Council from Oceanside and Carlsbad to discuss this sewage problem. Cmn, Ledgerwood moved that the City Attorney be instructed to prepare the necessary papers, and that he be instructed to not file until furthe] order of the Council. The motion died for lack of a second, I . Mayor Baird stated that in the interest of harmony that the matter be .continued until the adjourned meeting of May lath, Cmn. Lough moved that the matter be continued until the adjourned meeting of May 14, 1958 Seconded by Cmn. Helton, All ayes, motion carried, (3) Cardroom License, The City Manager informed the CouncS1 that Milton McLachlan had written a leCter to the Council informing them that after considerable search he had found a new location for a cardroom, and re- quested permission tonmove his cardroom license to 2990 State Street. He further stated the owner of the property at 2990 State Street would hold the property for him for one week and he would appreciate immedi- ate action by the Council, Mr. Nelson stated the Chief of Police had approved the'location. He further informed the Council that the ow- '. of the Carlsbad Cafe would be returning to Carlsbad around the 1st of June, and had requested that she be given consideratdon in regards to I a license for a cardroom, as she had leased the property adjoining the Carlsbad Cafe for that purpose. Cmn. Lough moved that the applicant, Milton McLachlan, be permitted to move his license to 2990 State Street, Four ayes, Cwn. Sonneman abstaining. Motion carried, I &PAYMENT OF BILLS - RATIFICATION OF PAYROLL: The City Manager informed the Council that one of the Police Reserve Officers had been supboened on a court case and requested payment for one days work; they had called the court and he would receive $3.00 plus mileage, It was suggested that he be paid the amount requested less the amount he would receive from the court. Cmn. Lough moved that these funds be authorized from the contingent fund to pay the Reserve Officer. Seconded by Cmn. Helton, All ayes, motion carried. Discussion was given to the matter of paying department heads and electec officers for attendance at &he League of California Dinner. It was the feeling of some of the members of the Council they should not be paid, Mayor Baird stated he felt the dinner wherein the City was host should be an exception. No action was taken, Cmn. Ledgerwood moved authorization of payment of bills from April 15, 1958 thru May cj, 1958, in the amount of $11,418.09, as certified by Director of Finance and approved by the Auditing Committe.e, Seconded by Cmn. Lough. All ayes, motion carried. Cmn. Ledgerwood ,moved ratification of the p'ayroll for the second half of April, 1958,, -in the amount of $9,236.44, as certified by the Director of Finance and approved by the Auditing Committee. Second,ed by Cmn. Lough All ayes, motion carried. - ZLDJOURNMENT: Cmn-. Lough moved that this meeting be adjourned to May 14, 1958 at 7:OO P.M. Seconded by Cmn. Helton, The meeting was declared adjourned . at ~:~sA.;Y. Respectfully submitted, Depgty City Clerk -II""".""""""""""""""" - MINUTES OF Im~~~~~~~ REGULAR MEETING OF CARLSBAD 'ITY C*UNC1L May 14, 1958 1- The meetinfg was called to order at 7:04 P.M. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwood, Helton, Lough and Councilwominn Sonneman; City Manager Nelson and City Attorney Smith. 2- Invoaation was offered by Rev, Brockenshire of the Carlsbad Union Church. 3- The Mayor announced that Cmn, Lough would present a proposed reorgan- ization plan for the City, submitted by a complittee composed of Cmn. Lough and Cwn. Sonneman. No action would be taken by the Council at this time. ips he wished to appoint a committee to study this plan. The Mayor requested Cmh, Lough to submit the proposed plan. Cmn. Lough submitted the proposed reorganization plan. After presentil the plan Crnn. Lough stated that no plan had been given as to the City Stbeets. They felt that the Public Ivorks Administrator should have the qualifications to set up this plan. Any contractor must figure hii work on the basis of an absolute cost plus 30% to take care of book- keeping, etc. He felt the City should place themselves in a position to assume this work; there are approximately 30 miles of poor streets in the City of Carlsbad; for example, if the cost of this work was $4OO,OOO to repair streets, and the City did the work it would save approximately $125,000. Cmn. Lough informed the Council his company which is the "Cold Mix" business, stood ready and willing to offer an: assistance to the City. The Mayor informed the Council that if there were any changes to be made in the type of City Government that he thought it afforded the use of the best citizens that the City had to make up a committee to study this plan. The Mayor pointed out that if there was a change contemplated it would have to be expedited as the budget would have to be presented to the Council the first meeting in June, 1958. The Mayor stated he would like to present the following names to serve on this committee: Joe Cockrill Robert Garland . Col. David Dunne Russell Grosse Robert Rasch The Mayor ;asked the Council if there were any objections to theper- sons named,, He asked the City Attorney if this committee would be con< sidered a committee of Freeholders. The City Attorney pointed out he was not prepared to submit an opinion on the powers of a Freeholders Cowittee, but in his opinion he did not feel the plan called for a