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HomeMy WebLinkAbout1958-07-01; City Council; Minutes/J$ 5 4- .A MINUTES OF ADJOUXNED KEGULi-UL XEETIKG OF CARLSBAD CITY COUhCIL June 24, 1958 The meeting was called to order at 4:OO P.FI:, by EIayor Baird, Present besides the Mayor were Councilmen Ledgerwood and Helton, and Council- woman Sonneman; City Manager Nelson, AbSent, Councilman Lough. It was moved by Cmn. Helton and seconded by Cmn, Ledgerwood that this meeting be adjourned until 5:OO P.K. , in order that the members of the Council could attend the llGroundbreaking*l ceremonies of the new Palomar Airport. A411 ayes, motion carried. The meeting was adjourned at 4:03 P.N. Respectfully submitted, &Ffl& MA@GAI$ET E ADAPIS Deputy City Clerk. """-""_"""-"""""""""" - MINUTES OF ADJOURNED 1cEGULXR tIEETIXG CF CAXLSBAD CITY COUNCIL June 24, 15158 The meeting was called to order at 5:17 P.M. by Mayor Baird, Present besides the Mayor were Councilmen Ledgerwood and Helton, and Council- woman Sonneman; City Manager Nelson and City Attorney Smith, Absent, Councilman Lough. CONTlNUED HEARIK'G - Annexation "East Carlsbad Annexation No. 2.1". The Mayor announced this meeting had been called for the purpose ,of con- tinuing the hearing of :"East Carlsbad Annexation No. 2.1. !' The City Attorney informed the Council t.hat no further action could be taken on this matter at this time as the Writ of Prohibition was still effective. It was moved by Cwn. Sonneman and seconded by Cmn. He1to.n that this, hear- ing on the annexation of "East Carlsb.?d Annexation No. 2.1'' be continued until Lhe regular meeting of .July 1, 1958 at 7:30 ?.X. All ayes, motion carried. SPECIAL ADVPSOKY CirbU4I'lTEE: Tile City Manager informed the Council that Mr. Russell Grosse, Chairman of the Special Advisory Committee, stated the Committee planned to have their report ready to submit to the Council at the meeting of July I, 1958. UEP$IS ON BEACH: Cwn. Sonneman reported the beach in front of the Carls- had!y'Hotel needed to be cleaned and wondered if this was the responsibility of the City. The City Manager stated in the past some of the organization. had participated in'the cleaning of the beach area and the City had assist the property owners. It' was moved by Cmn. Hefton and seconded by Cwn, Sonneman that this meet- ing be adjourned. All ayes, motion carried. The meeting was adjourned at 5: 23 P.M. . v however, this is' private property and is used by other people rather th.an Respectfully submitted, Deputy City Clerk. """""""""""""""""""- 2f MINUTES OF KEGULM MEETING OF CARLSBAD CITY COUNCIL July 1, 1958 1- The meeting was called to order at ?:02 P.M. by Mayor Baird, Present besides the Mayor were Councilmen Ledgerwood, Helton, Lough and Council- woman Sonneman; City Clerk Price, City >$anager'1J.elson and City Attorney Smith. 2- 3- I 4- ko 4 f3 d 3 I I Invocation was offered by Councilwoman Sonnernan. Cmn. Lough requested that the minutes of June 17, 19'58 be corrected to read that the request made by the Council for Mr. Chase.to be present at the regular meeting of July 1, 1958, to justify any and all charges levied to be excessive. It was moved by Cmn. Lough and seconded by Cwn. Sonneman that the minutes of June 17, 1958 be approved as correct6 All ayes, motion carried. It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that the minutes of the first meeting of June 24, 1958 be approged as submitted, All ayes, motion carried. It was moved by Cmn. Ledgerwood and seconded by Cmn. Helton that the minutes of the ,second meeting of June 24, 1958 be approved as submittec All ayes, motion carried. COKKESPONDEiiCE: a. Letter from Michael Kepp reques*ng the City to make an investiga- tion of sewer odors which are prevalent in the area of Alder and Monroc The City Manager informed the Council the Health Officer had checked into the matter and had found where the trouble was. b. Chamber of Commerce - Letter of appreciation, Letter dated June 30, 1958 from Carlsbad Chamber of Commerce stating their appreciation of the support eeoeived from the City for the past year. The Council ordf the letter filed. C. Letter dated June 30, 1958 addressed to the Council from Russell Grc in answer to an open letter addressed to the City Manager from Cmn. Lot was read. The Mayor requested the letter filed, d. Letter from Frank Smith was read regarding the reorganization report and Ambulance Service and Mortuaries. The Council ordered the letter filed. e. Purchase of property - Aleatha Vaughn. Letter dated July 1, 1958. from Aleatha W. Vaughn stating that the City of. Carlsbad had continued keep her property on their mag as a part of Holiday Park, and she is certain this has blocked the sale of her property. She further stated that several months ago she entered into negotiations with the City for a lease-purchase contract for the sale of her property and that nothint had been done. Zhe Council requested that the City Manager be instrucl to communicate with Mrs. Vaughn and re-affirm their previous policy regarding the purchase of her property wo withhold any action until su( time as her property is contiguous to City-owned park land. f. Claim for damages. The City Manager informed the Council that a formal claim had been submitted by the Twin Inns in the amount of $lost for damage to a fence. Upon instructions from the City Attorney, Cmn. Lough moved that the claim -be denied and that it be referred to the insurance company. Seconded by Cmn. Ledgerwood; All ayes, motion carried. g. Public Utilities Cornmission - R.R. grade crossings. Letter dated June 26, 1958 from the Public Utilities Commission, enclosing a copy of their Resolution No. ET-906 authorizing the installation of stop si! at the following railroad grade crossings of the Atchinson, Topeka and Santa Fe Railway Co.: Grand Avenue, Elm Avenue and Tamarack Ave. h. Agua Hedionda Sailing Club - Racing markers. Letter Dated June 26, 1958 from Agua Hedionda Sailing Club requesting permission to place flag marks for Universal Course for racing of Sabot sailing craft in tl vicinity of Pirates Cove in the Agua Hedionda Lagoon. It was pointed out to the Council according to the ordinance the Council must approve these markers. The Council asked when the races would be held? A. Stevens Lowrie was present and informed the Council they would be held July 20, 1958 and August 10, 1958. It was agreed by the Council that action would' be taken it the time the request was made for the race. i. Chamber of Commerce - Debris on beaches. Letter dated June 26, 1958 addressed to the Council from the Chamber of Commerce regarding the debris accumulating on the beaches and on the shore of the lagoon, and urging the Council to make a study of. the litter problem and its solution. In their letter they offered suggestions and comments. The: further stated they would be pleased to assist in the development of s1 <I ' a program. After considerable discussion by the Council the City Manager was instructed to initiate a meeting hith the Chamber of Commerce, Police Department and Public Works Dept. to endeavor to work out some solution. j. J. R. 'Pi c - Lease of Water Co. property. Letter dated June 25, 195 +'r from J R. Piper requesting permission to lease property at the corner of Elm Avenue and Madison Street, which the City will soon acquire from the Mutual Water Co. Mr. Piper stated he widhed to use th2s property for a used car lot. In discussing this matter the Council felt that some consideration should be given to the type of improvement t,he applicant would be willing to make. It was:pgreed by the Council that the City Manager be instructed to continue negor tiations with Mr. Piper to see what could be worked out. i k. Announcement of League Conference. The City Wanager informed the Council that an announcement had been received from the League of California Cities announcing its 60th Annual Conference to be helf in Los Angeles, October 26 thru October 29, 1958, and any. of the members of the Council who desires to attend he would make reservations for them. k, Summary of Motor Vehicle License Fee Fund. The City PIanager presented a summary of Motor Vehicle License Fee Fund which had been received from the State eo the Council for their review. The Council requested the summary filed. 1. Report of Special Advisory Committee. The Mayor announced that each member of the Council had received the report submitted by the Special Advisory Committee and he did not wish- to discuss the report at this time as he felt the Council should have more time to study the report, He stated this was the time for him to discharge the members of the Advisory Committee, and he wished to thank eakh member personall: for the tine and effort they had given in making this study and com- piling this report; in his opinion they had done a remarkabl,.e job, and he was sure all the members of the Council appreciated their efforts. He further stated that both papers would print this report verbatum and hoped the public would read the entire report. Again, he thanked eqch member of the Committee personally and for the Council. Cm, Lough moved that the City Wttorney be instructed to prepare a Resolution of Appreciation for each member of the Committee. Seconded by Cwn. Sonne- man. All ayes, motion carried. 5- ORAL COMMUNICATIONS: a. City Clerk's request for clarification of Business License applicatic Directory. The City Clerk informed the Council that an application had been requested for a business permit to solicit advertising for a direct of the 0ceane;ide-Carlsbad area. He requested clarification of Ordinance No. 6005 as t,o whether the City Clerk would be authorized to issue the applicant's a business license under the provisions of Section 65 of Ordinance #6C105, in lieu of Section 57 It was moved by Cmn. Helton and seconded by Cmn. Ledgerwood that a business license be issued to thf applicant in accordance with Section 65 of Ordinance No. 6005. All ayes, motion carried. b. Mrs. Garrett - Request for release of Stop Order. Mrs Garret in- formed the Ccluncil that she was granted a rear yard variance by the Planning Commission, and an appeal had been filed by one of the prop- erty ownens adjoining her property; a stop order had been placed on the construct,ion of the building and a stop order was certainly ex- pensive to he!r. The City Manager informed the Council of the happen- ings. The City Attorney stated that the administration could not lift a stop order; if the Council chose they could lift this stop order, but he felt the applicant should file a written waiver of damages in the event the appeal was granted. Cmn. Lough moved that the City Manager be instructed to confer with Mrs. Garrett and &W tiorm her that. the stop order would be lifted provided she file a writter waiver of all. damages by the City during this period until the matter is heard. Sec:onded by Cmn. Helton. All ayes, motion carried. C. Improvement of Roosevelt Street - Mr. Sanchez. Mr. Sanchez asked what action the Council was going to take in regards to the improvement of Roosevelt Street; sixty days had elapsed and the people were anx- ious to have this street improved. The Council asked if the property owners had agreed to t l?e width of the street. Mr. Sanchez stated he felt 48 feet was the width agreed upon by the majority. of the prop- erty owners. After considerable discussion by the Council, It was moved by Cmn. Helton and seconded by Cmn. Lough that the City Attorney be instructed to prepare the necessary documents in order to proceed with the improvement of Roosevelt Street. Five ayes, motion carried. d. M. W. Jarvie - Swimming area. Mr. Jarvie requested that some actior be taken by the Council to make available a swimxing area at the lagoo1 swimmers to a designated place. The Playor asked that this matter be re- ferred to the Parks and Recreation Commission. e. Terramar Unit #6, MR. CHiiISTIANSEK stated je represented Mrs. Prewet subdivider, in regards to the tentative map of Terramar Unit f6; due to the fact that the Health Department has recommended certain restric- tions, and the Subdivider is willing to abide by these restrictions, therefore he would like to request the Council to reconsider this matte MK. BANTUM, representatibe from the County Health Department, stated at the time of the hearing on Terramar Unit #5, there was no firm commit- ment as to any further development in the area. Their Department is Stl of the opinion that any further development should be connected to a public sewer system, but in the absence of the availability of public sewers, the Health Department is of the opinion that the recommended horizontal septic tanks would be satisfactory. , He suggested that the new patrol boat act as a ferry boat .to take the I -a 4 n system in this area; he felt the stand the Council was taking was dis- T criminating against the Subdivider. Mr. Cannon further stated that in s eJ considering the fact that one or two septic tanks or cesspools have gone bad, the Council should consider the fact that there are 176 homes in the area which are being satisfactorily served by septic tanks and cesspools. The Council approved Solamar Trailer Park, and if they ap- proved a trailer park with septic tanks and cesspools, then it would seem that a lot subdivision in the same general area under the same conditions should be approved. The Mayor asked the subdivider if they would be inconvenienced if this matter was held over until the next' regular meeting of July 15, 1958. The subdivider stated %hey would be willing to wait. ' MR. CANNC;N, stated that the Council had done nothing about the sewer I I- BID OPEXINGS: a. Water works Revenue Bonds. This being the time and place fixed for the' $767,000 bonds of the City of Carlsbad, California, designated WATER WORKS KEVEMJE GGKDS, 1958 and numbered 1 to 767, inclusive, the following bids received pursuant to the notice of sale were publicly opened, examined and read: JOHN NUBEEN 6 CO. , SCHWABACHER 6 Cci., and BAXCUS, KINDRED 6 CO. bid par, accrued interest to date of delivery and a premium of $265.00 for bonds bearing interest payable annually the first year and semi- annually thereafter at the rates of: I. Rat e Years 3 3/4 7& 4 % 4 114 $ . 4.10 % 1964 to 1968 inclusive 1969 to 1976 inclusive 1977 to 1984 inclusive 1985 to 1988 inclusive TAYLOR and COMPANY bid par, accrued interest to date of delivery and a premium of $149.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rates of: - Rat e Years 4% 1964 to 1972 inclusive 4.10% 1973 to 1976 Zhclusive 4 114% 1977 to 1988 inclusive BLYTM ti? Cci., IMC. bid par, accrued interedt to date of delivery and a premium of $9.00 for bonds bearing interest payable annually the first year and semiannpally thereafter at the rates of: Rate Years 4 112 k 4 114 k 1964 to 1973 inclusive 1974 to 1988 inclusive 5 J. B. HANAUER 6 CO. bid par, accrued interest to date of delivery and a premium of $77.00 for Eonds bearing interest payable annually the first year and semiannually thereafter at t he rates of: .. " Rat e Years 4.20 % 4.45 % 4 1/2 % 1964 to 1970 inclusive 1971 to 1975 inclusive 1976 to 1988 inclusive Each bid was accompanied by a good faith check in an amount not less than $23, OlO,, 00. All bids were then referred to the Director of Finance and the City Attorney for checking and computation, a report &hereon to be given to I the Council llater in this meeting. *+..**>k*,;-,k**y ,# y >c ., 1, " " 2, y " I, v ,,-7c tc 6 xxsc-ksr ,c ~x-d-rc The committee appointed to check and compute the bids on the bonds for which bids were opened previoQsly during this meeting reported that the bid of JOHN NUVEEN & CO., SCH\,iABACHER 6 CO., ahd BARCUS, KINDRED E* CO. is the bid yielding the lowest net interest cost. After considering the various bids and the report thereon, it was moved by Cmn,, Lough and secanded by Cmn. Helton, that Resolution No. 41: AWARDING $7fj;r,ooo BONOS OF SAID CITY TO THE BEST BIDDEK AND KEJECTING entitled "RESOLUTION OF THE CITY COUNCIL OF TIiE CITY OF CMLSBAD ALL OTHER BII)S, f1 be adopted. Upon the following vote: AYES: Councsilmen Baird, Ledgerwood, Helton, Lough and Councilwoman Soqneman. NOES: None . AaSENT :; ' None Said Resolution No. 412 was declared. adopted. I b. Elm Avenue Lighting District - l9ll Act.' The Mayor announced the hour of 7:30 P.M. had arrived, and pursuant to Res. #389 this was the time and place fixed for the opening of sealed bids or poposals for installation of ornamental street lighting standards on Elm Avd, in- cluding and from its intersection with Carlsbad Blvd. to and including its intersection with Washington St., such construction project being described in Res. f370 and ordered by Res, #389. The Clerk presented the Affidavit; of posting and publication of notice inviting bids, It was moved by Cmn. Helton and seconded by Cmn. Lough that the Affida- vits be approved and filed. Five ayes, motion carried. The Clerk ad- vised the Council that up to the hour of 7:30 P.M. two sealed bids or proposals had been delivered to him and filed in his office. The Clerk presented the bids or proposals to the City Council and the City Counci: in open session publicly opened, examined and declared the bids or pro- posals as follows: J. C. S,, ELECTRIC COiiP . , dba Federal Electric Co. $5,888.00 ETS-HOKCN tl GALVAN $5,555.00 It uas moved by Cmn. Lough and seconded by Cmn. Ledgerwood that the bids be referred to the City Attorney and the City Engineer for ex= amination of bid security, amount, sufficiency and execution, and that they report back to the Council at the regula? meeting of July 15, 1958.1 Five ayes, motion carried, - HEARINGS: a. "East Carllsbad Annexation #2.1 (Continued), The Mayor announced that in accordance with the instauctdons of the City Attorney this hearing would be continued until July 7, 1958 at 5:OO P.M. b. Garbage and Rubbish collection - Certificate of Necessity. Mayor announced this was the time to hear all protests in relation The"y\ to the issuance of a Certificate of Necessity to O.P. McDougal for the 'i, collection of trash and garbage in the City of Carlsbad. I 0 -4 ra T A 3 I I 4. a .. .. MKS. GETTLE asked if this collection applied to everyone or could it a@ $he option of the property owner? Mrs. Gettle was informed it could be at the option of the property owner. 14R. J. E. FARKELL stated the other collector started out collecting trash and garbage twice a week, then it was changed to garbage twice a week and trash once a week, and wondered if this was going to be the same. Cwn,, Sonneman asked if >k. RfcDougal had furnished any liability in- surance? The City Manager informed the Council that Bk. McDougial: had furnished sufficient liability insurance. The mtter of trash collect- ion for the City was discussed. The City Rlanager was instructed to negotiate with Mr. McDougal as to the cost of trasl; collection for the City. Cmn. Lough 'moved that the Certificate of Necessity be issued to O.P. McDougal for the collection of trash and garbage in accordance wi his proposal. Seconded by Cmn. Helton. All ayes, motion carried. C. Taxhab operations Certificate to Red Cab & Blue Bird Cab. The Council was informed that two applications had been received for taxi service in Carlsbad. The Blue Bird Cab. Co. submitted the proposed rates in accordance with the prevailing rates of the Yellow Cab Co., who had been operating in Carlsbad, and the Red Cab Co. submitted a proposed rate of 25$ per mile. Cmn. Lough moved that the Certificate of 8.ecessity be issued to the Blue Bird Cab Co. Seconded by Cmn. .ITelton. All ayes, motion carried. .- Due to the attendance of the audience, the Mayor declared the-meeting adjourned to the Carlsbad High School. d. .Appeal of Re.classification of Property - John R. Keenan, the Counci was informed that on May 27, 1958 the Planning Commission had adopted a resolution denying reclassification of property known as the northwe 54' of the northe.ast 165.49 feet of Lot 31, Seaside Lands, from Zone June 4, 1958 Mr, Keenan appealed the decision.of the Planning Commissi Notice of Hearing .was read, and Affidavit of Publicat'ion was presented Letter from Robert D. Garland was read stating he had no objection to this property being rezoned.. Letter from Mrs. Buhl stating her object- ion to the reclassific:&,ion of this property, as she felt her invest= ment, privacy and peace kiE mind should be protected. Letter of protes wag read containing six signatures of property.owners.in the vicinity of the subject property, urging t;he Council to reject ,the petition before it to overrule the decision of the Planning Commission. Petitic containing 19 merchants in the downtown area was presented stating they were in favor of a zone change from R-P to C-2 for blr. Keenan's property on Roosevelt StrEet. Letter from Stephan M. Sertics, Carlsbz Jewelers, was read, stating he felt it was essential to the growth of the City to encourage the development. of all legitimate business enter prises, and did not see how it could be detrimental to any of the surrounding property owners. Letter from Mrs. Charles Woolstenhulme was read stating she believed the addition of a.Used Car lot would be a good attraction for the growing shopping needs of the people of Carl bad. Letter from Eugene Geil was read wherein he stated the best in- terests of the community and the City, would be better served to class ify this entire area C-2, thus eliminating sppt zoning and also clari- fying policy, and thereby allowing the downtown section of the City tc grow and expand in a more orderly fashion. Petktion signed by 11 prop- erty owners in the area was presented stating they were in favor of a zone change from R-P to C-2 of the Keenan property. MR. JGfIN K. KEENAN stated he would like to charge the Planning Com- mission with discrimination as they went too much on the feelings of the neighbors; they denied the reclassification of his property but two weeks later approved the reclassification of the Stein property. Mr. Keenan presented a drawing of the proposed building. .R-P to Zone C-2, said application being made by John R. Keenan. On MRS. KEEXAN stated .in granting this zone change that the area would eventua!ly go commercial and every car sold there is a large sum that goes back to the City. MAIS. DET?\rILLEK informed the Council that she owned property adjoining this property in question; Pir. Keenan knew this property was zoned R-I when he purchased it a year ago; when Mr. Buhl was alive he had kept this property in good condition; the fact that Mr. Keenan has present( a good drawing does not mean that it will be built according to the drawing; the use of this lot for a used car lot would certainly be un- pleasant due to the fumes. She had talked to bf~. Stein regarding the 60 reclassification granted to his property and he did not wish to have all the property changed to C-2 as he has moved a house on the property. MR. KEENAN stated if the people did not wish to have this area com- mercial, why did they allow the Buy and Save to be built in this area. MR. ALEXANDER stated you cannot stop the growth of the City; it is very easy to move houses now, and felt you should not try and stop progress. The Public hearing was cZbsed at 9:OO P.X. The Council called upon Planning Commissioner Fennel and asked him to state the Planning Commission's thinking. He informed the Council that the Resolution set forth the Planning Commission's thinking. Comm, Jarvie was called upon by the Council and he informed the Council no personalities were involved when the Planning Commission made their decision; they felt the people in the area should know that commercial was creeping upon theq and that:'.thtS reclassification of the entire street from grand to Laguna Drive should be a package deal. After considerable discussion by the Council it was moved by Cmn. Lough that Resolution #415 be adopted denying the appeal of John R. Keenan for reclassification of his property, upholding the- recommendation of the Planning Commission, and that the City Attorney be instructed to prepare a Resolution of Intention to consider the reclassification of property on Roosevelt Street from Grand Avenue to Laguna Drive, Seconded. by Cmn, Helton. Five ayes, motion carried. A short recess was declared by.the Mayor, The meeting reconvend at 9:32 P.M, e, Juniper Ave. Sewer - 1911 Act - Resolution of Intention. The Mayor announced that this matter would be reset for hearing at the next regular meeting of the Couniil held on July 15, 1958. 1- f. Pine Ave. Sewer - 19" Act . Confirm Assessment Roll, The Mayor announced the hour of 7:30 P.M having arrived, this was the time and place fixed for the hearing of protests, objections or appeals in re- spect of the assessment and work under and pursuant to Kesolution of Intention No. 299, and the Improveinent Act of 1911. The Clerk presented the affidavits of publication, mailing and posting notice of hearing on the &gSWsntant, The Clerk certified that no written protests had been filed with him. The Mayor asked if any person wished to make an oral protest? There 'were no oral protests, Res, #407 was presented to the Council for their review, overruling all protests on the Assessment and confirming the assessment for Assessment District No. 3-1957, which is attached hereto and made a part hereof. It was moved by Cmn. Lough and seconded by Cmn. Helton that Res. E407 be adopted. Five ayes. Res. #407 dop t ed . g. Suni;yhill Drive Sewer - 1.911 Act, Confirm Assessment Koll, The Mayor announced the hour of 7:30 PLM, having arrived, this was the time and place fixed for the hearing of protests, objections or appeals in respect of the assessment and work under and pursuant to Resolution of Intention Xo. 282, and the Improvement Act of 1911. The Clerk presented the Affi- davits of publication, maili-rlg and posting notice of hearing on the assess ment. The Clerk certified that no written protests had been filed with him The Mayor asked if any person wished to make an oral protest? There were no oral protests. Xes. #411 was presented to the Council for their review, overruling all protests on the Assessment and confirming the assessment for Assessment District No. 2-1957, which is attached hereto and made a part hereof . It was moved by Cmn. Ledgnrwood .and secondeci by Cmn. Helton that Res. #4l1 be adopted. Five ayes, Res. $411 adopted, , EXGINBERI:<G - PUBLIC !\;OKKS. I a* - Final Subdivision " Nap - Belladonna Heights Unit #1. The City Engineer presentscl the Final Subdivision map of Belladonna Heights Knit $1, and informed the Council that Unit #1 had been redesigned thereby eliminating one strest and one lot from the original plan. It was moved by Cmn. Hel.ton and seconded by Cmn. Ledgerwood that the modified final map of Bel1ado;:na Heights Unit #1 be approved. Five ayes, motion carried. b. Discussion of Streqt Cross Sections, The City Engineer presented drawines of street cross sections. The Council asked that copies be made of these drawings and sent to each of the members of the Couilcil. Y I D 4 n 4 9 I c. Report on weed and trash abatement program. At the previous regular meeting of. the Council VI. Chase, contractor on this project, had Seen requested to be present at this meeting. It was noted that Mr. Chase had been present earlier in the evening but had left. Letter of protest date June 30, 1958 from Mrs. Tuck was read, protesting entry upon her propert3 She stated thet they had started some of the work; she was home sick wher she heard the.men working and called the City Hall; however, they had damaged her fence, and she refused to pay any bill that lnight be presente to her. Mr. Anthony informed the Council he was in the office at the tin the call came in and had stopped the men working immediately, There was one hours work done and that no bill would be- presented. Ifr. Anthony stat he had informed Mr. Chase to repair the fence that was damaged. 393s. GETTLE stated that during Bhe period when we had the bad windstorm a eucalyptus tree had fallen on her property. The City employees came and investigated the matter and admitted that it was City property. Since th; time she had called several people at the City Hall, but that a limb off tree was still on her property and nothing had been clone about it, LARAY BUCfiXiZT stated he had been absent from the City for the past, 10 non Nr. Martin in Encinitas was his attorney and was sup;,osed to look after h property when he was absent. The Buchar-t Engineering Co. in the East had Counsel who called at the City Hall a few months ago and talked with the Chief of Police and the City Planager; at that time the City Manager had assured the Counsel that no action in regards to the weed abatement would be taken against his property until such time as he returned to take care of it himself. The City Manager had gone back on his word. If the City ha incompetent persons in the Administration that is was up to the Council to take c,are of this matter. The City Manager informed the Council t,hat he had never made such a state ment. Mr. Buchart stated that his Counsel had certainly misinformed him. After considerable' discussion by the Council the City Manager informed the Council there would be a hearing on this matter and that at that time the Council could determine what work had been done. d. Divison of Highways - Memo of Agreement - State Gas Tax Funds. The Council was informed the Division of Highways had submitted a memo of " agreement with resolutions attached for the City's share of State Gas Tax Funds. Res, #413 was presented to the Council, approving funds allocated under Section 2107.5. It was moved by Cmn. Elelton and seconded by Cmn. Ledgerwood that Res. #413 Be adopted. Five ayes, Res. #413 adopted. Resolution #414 was presented to the Council for their review, adopting budget and approving memorandum of agreement for expenditure of Gas Tax Allocation for major City streets, It was moved by Cmn. Helton and second by Cmn. Ledgerwood that Res. #414 be adopted. Five ayes, lies. #414 adopte 1- PLAL<NING: a. Discussion of joint meeting - City Council and Planning Commission. The Council requested that this meei;ing be deferred until after the Qudge had been adopted. b. Discussion of Mortuaries &' Ambulaaces in residential zones, Memorandum 'from the Planning, Commission was read wherein they recommended no Mort- uaries or Ambulahce Service under any condition be allowed in R-l, R-2 or R-3 Zones, as it would be opening up an avenue for other commercial enter prises in residential zones. They also recommended that no commercial enterprises be allowed east of the Freeway. Cwn. Sonneman stated she atte ed the meeting of the Planning Commission and Comm. Hayes had pointed lout this fact very clearly that there ,should be no businesses allowed east of the fre3tway as there are commercial areas that could be developed. Mr. Whitnall's report was read. Cmn. Lough ,suggested that this matter be defe red until the next regular meeting. c. Appeal of variance granted - Eddie Vasqu ez. The ~~~~~i~ was informed tha~zrn'rj~rn~iou A- L krd-gmm mmm yard varlance on property described as Lot 41, Granville Tark, and that an appeal had been made by Mr. Vasquez as to the granting of this variance. The Council requested the matter set for hearing. - I .o- PARK AN9 RECkEATION: a* - had been recommended by the Parks and Recreation Comiission, The city Recommendation of Street Tree Ordinance. A proposed Street Tree Orclina Manager presented copies of-the ordinance to each of the members for their review, and suggested the matter be -taken up at a laher date. b. Memo - re - Gffice of Park Superintendent. The Council requested this matter deferred until after the adoption of the budget. - FIXMCE: ” a. Sale of. surplus real property. The Council was informed this matter was not urgent and could be discussed at a later date. a, Recommendation on rifle range requested by Army and Navy Academy, I At the previous me9ting the Council had requested this matter be referred to the Chief of Police for his recommendation and connents. The re- commendation of the Chief of Police was read wherein he recommended .that a permit not be issued for this location, as he had made an inspection of titis area and it revealed that it would be unsafe to issue a permit f6r this location. By common consent of the Council the City Manager was instructed to inform Col. Atkinson of the recommenqation of the Chief of Police. . OLD BUSINESS: b. Second reading Ordinance No. 9089 - Rezoning ’- K-2 to K-3. A second reading was given Ordinance No. 9089, changing certain designated property in the City of Carlsbad from Zone R-2 to Zone R-3. It was moved by Cmn. Helton and seconded by Cwn. Sonngman that Ordinance Xo. 9089 be adopted. Five ayes, Ordinance No. 9098 adopted. - NEW 3USINES% a. Discussion of 1958-59 proposed budget. It was suggested that dis- cussion of the budget commence at the adjourlled meeting of July 7, 1958. b. Discussion of 1958-59 proposed pay plan. The City Attorney pointed out that no pay plan had been approved and some action should be taken before the next regular meeting of the Council. It was rnoved.by Cmn. and seconded by Cmn. Ledger.wood that the City Employees be paid under the present pay plan until further action. All ayes, motion carried. Loug! The City Mangaer requested clarification as to whether their action meant continuation of the employees pay step increases, as there were some employees scheduled for step increases as of the 1st of July, 1958. The Council agreed to the regular pay step increases. -PAYblENT CF BILLL kATIFICATIGX OF P.AYKOLL. Cwn. Sonneman moved authorizatior of payment of bills from June 17, 1958 to July 1, I958 in the amount of $17,016.44 as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Ledgerwood. All a37t3.s) motion carried. Cwn. Sonneman moved ratification of the payroll for the second half of Juile, 1958, in tile amount of $9,132.17, as certified by the Director of Finance and approved by the Auditing Cormittee. Seconded by Cmn. Ledger- wood. -411 ayes, motion carried. - ADJOURNMEXT : P It was moved by Cmn. Lough and seconded by Cmn. Helton that the meeting be adjourned to1 July 7, 1958 at 5:GO P.M. at t!le City Hall Annex. All ayes, motion carried. The meeting was adjourned at 12:25 A.M, kespectfully submitted, 1 I ”””””””“”””””””””””” MINUTES OF AUJCiURiGED KEGULAX MEETING OF CAilLSBAl) CITY CCUNCIL July 7, 1958 The meeting was; called to order by Mayor Pro Tempore Lough at 5:07 P,X. Present besidess the Mayor Pro Tempore were Councilman Helton and Council- woman Sonneman; City Manager N&son, City Attorney Smith and City Clerk 1’1 Absent Flayor Baird and Cmn. Ledgerwood.