HomeMy WebLinkAbout1958-10-07; City Council; Minutes;)do
, OLD BUSINESS :
a. San Luis Rey Water Suit. The City Attorney informed the Council that-the
proposed settlement offered in the San Luis Key Water dispute was refused.
Mr. Smith further stated he had talked with several attorneys about being
employed to handle this matter and they were very interested provided they
could have an extension of time. Mr. Smith requested authorization from
the Council to employ an attorney to handle this suit, subject to them
presenting to the Council their schedule of fees. By Common consent of
the Council the City Attorney was authorized to employ an attorney subject
to him presenting to the Council their schedule of fees.
b, Insurance. The Mayor-informed.the Council he did not feel equality was
being kept in regards to the insurance for the City, and requested the
City Manager pro tem to contact Mrs. Bondy and inquire as to the type
of insurance they carried.
c. Report from Engineering Department. Crnn. Grober requested a progress
report to be subnitted by the Engineering Department. He presented the
Engineer with a list of items. The Engineer informed the Council he had
a similar report ready at the last meeting of the Council. The Mayor
requested the Engineer to amend his report showing the items requested -
by Cmn. Grober and submit it at the next Council meeting.
d. Street Trees - Bertino's request - Memo from Park and Recreation Corn.
Memorandum from the Parks and Recreation Commission was read wherein
they recommended that the trees requested by the Bertinos to be removed,
be trimed. Mr. Westree was present and informed the Council that Mr.
Lange estimated it would cost approximately $1,7000.00 to have these
trees trimmed; an alternative method would be to remove all but 4 or 5
trees by sawing them off just above the ground and trimming the remaining
trees, provided they aould get permission from the adjoining property
owner; Mr. Lange estimated this would cost approximately $1,400. With the
consent of the Council Cwn. Sonneman was instructed by the Mayor to con-
tact Firs. Bertino and relay the report of the Commission. Cwn. Sonneman
stated she would also contact Mrs. Ingraham, the adjoining property owner.
. PAYMENT OF BILLS.
a. Cmn. Ledgerwood moved authorization of payment of bills from September
15th through September 24th, 1958 in the amount of $6,895.20, as certi-
fied by the Director of Finance and approved by the .4uditing Committee.
Seconded by Cwn. Sonneman. Five ayes, motion carried,
0. ADJOURNMENT:
By proper motion the meeting was adjourned at 11:45 P.M.
Respectfully submitted,
ylAdF&w MA G@T E. ADAMS
Deputy City Clerk "~"""""""""-----------------
MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL
October 7, 1958
. The meeting was called to order at 7:02 P.M. by Mayor Lough. Present
besides the Mayor were Councilmen Ledgerwood, Grober and Councilwoman
Sonnernan; Jack Y. Kubota, acting as City Manager pro tern and City Engineer,
and City Attorney T. Bruce Smith. Councilman Helton was absent.
!. Invocation was offered by Councilwoman Sonneman.
The Mayor announced that this meeting arid all future meetings would be con-
ducted in the interest of City business; there has been some question
raised as to his possible resignation - in answer to that he wished to
state he would not resign.
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3. Approval of Minutes:
Minutes of September 16, 1958. Cmn. Ledgerwood requested the
following corrections be made:
Page 4, It'em lijit - the aame Corcas A. Jones to Dorcas A. Jones.
Page 8, Item '*ftt - misspelling of the word oxidation,
It was moved by Cmn. Ledgerwood and seconded by Cmn. Grober
that, the minutes of September 16, 1958 be approved as corrected.
Four ayes, Cmn. Helton absent, motion carried.
Minutes of September 24, 1958. Cmn. Ledgerwood requested that
a grammatical correction be made on page 6, Mr. Nelson's state-
ment, to show "his profession" instead of "my professiontP.
It was moved by Cmn. Ledgerwood and seconded by Cmn, Grober
that the minutes of the adjourned meeting .of September 24,
1958 be approved as corrected. Four ayes, Cmn. Helton absent,
motion carried,
4. CORRESPONDENCE:
The following correspondence was submitted to the Council:
a. Letter. dated September 27, 1958 from Mrs. Gladys 0, Vance,
Chairman of the Woman's Club building committee, request-
ing the Council to delay any action on the Comunity
Building plan as outlined by the Woman's Club agreement
until the meeting of October 14, 1958. The Mayor pointed . out that October 14, 1958 was. not a regular meeting night.
With t.he consent of the Council, it was agreed this matter be discussed
at the regular meeting of the Council on October 21, 1958. The City Hal
was instructed to so inf orm Mrs. Vance.
b. Petition"from J. D. Kurner, Letter dated September 29, 1958 addressed 1
the Council from J, D. Kurner, requesting consideration by the Council (
an attached petition regarding the present use of the area in rear of tl
entrance to Buena Vista Gardens, bounded by Buena Vista Lagoon and Lagu~
Drive, now used by Cement Contractors and Earco; review of ResolutEh Nc
48 of the Planning Commission which set the date of abatement-of a cert;
building on this property at 40 years; and a request for a review of thc
decision made by a former City Council regarding the interpretat ion plac
on the zoning of C-1 property, Mayor Lough requested the matter be ref1
to the City Attorney for a report at the regular meeting of the Council
October 21, 1958.
C. US0 - Pal Meek - George R. Draper. Letter dated September 29, 1958, ad1
ed to Mayor Lough from George R. Draper, Director of the USO, Oceanside
stating bS0 Pal-Week will be held this year on November 17, 1958 throug:
November 23, 1958. They asked that earlsbad participate this year and
choose a date as early as possible for the City office phase. They furt
stated their Civic Presidents' luncheon would be held on Wednesday, Octc
15, at 12:15 P,M., and requested the Mayor to invite City Officials and
Councilmen to this luncheon at a cost of $2.00 per person, It was movec
Cwn. Sonneman and seconded by Crnn. Ledgerwood that the Council accede tc
request of the US0 Coordinator for the City office phase during Pal Wee1
Four ayes, Cmn. Helton absent, the motion was unanimously carried. By
consent of the Council, it was agreed that Monday, November 17, would bt
date set €or turning over the city offices to the Marine personnel. Thc
City Manager was instructed to inform Mr. Draper that the Mayor and as r
members of the Council as possible would attend the luncheon on October
1958, and that the City of Carlsbad would set November 17th as the day i
the Marine personnel to fill City offices. I
d. U. N. Proclamation - Chairmanship. Card dated September 26, 1958 from
Stanley M. Rumbough, Jr., National Chairman, United States Cmittee fo:
the United Nations asking Pf the City had appointed a local UN Day Chi:
. and issued an UN Day Proclamation as requested by Presidential proclamai
By common consent of the Council, the matter was ref erred to the City
Attorney for his recommendation at the regular meeting of October 21, 1'
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e. County Hospital Bond - Invitation for visit. Letter from the San Diego C-ounty Hospital
Board of Directors regarding the special bond election for the purpose of enlarging the
County Hospital facilities was read, in which they extended an invitation to the City
officials to attend a luncheon on Thursday, October 9, 1958 at 12:15 P.M., and review
the present hospital facilities. Cmn, Grober informed the Council he would try and att
this luncheon.
f. Small Craft Harbors - Construction loan. Letter from the Small Eraft Harbors
in which they poineed out the necessity for filing with them their pro-
posed plans if the City intends to apply for a loan from the State. En-
closed was certain data requested by the Small Craft Harbors. By consent
of the Couhcil, the matter was referred to the City Attorney for a report
an the data submitted as soon as possible.
g. Christmas Decorations - San Diego Gas and Elecitric Co. Letter dated
September 24, 1958 -from the San Diego Gas & Electric Company regarding
Christmas season decorations. In order to standardize the method to be
used in all districts, certain rules were set forth. They requested
that the City or sponsoring group make proper application for the
electric service that will be required to light the displays 60 days
prior to the installation. The Mayor pointed out that, according to
the budget of the Chamber of Commerce, there were no funds appropriated
for Christmas decorations this year. Under those conditions, the Coun-
cil should advise Mr. Evans that any Christmas decorations would have
to cone from other service clubs than the Chamber of Commerce. By
common consetlt of the Council, the City Manager was instructed to con-
tact the Rotary Club, Optimist Club, Zions Club and the Woman's Club and
advise them that the Chamber of Commerce did not budget funds for
Christmas decorations and if they contemplate Christmas decorations
that arrangements must be made with Mr, Evans within the next 10 days.
Cwn. Sonneman suggested that the Garden Club also be included.
The City Manager informed the Council that additional correspondence
had been received from the Parks and Recreation Cmission. With consent
of the Council, the Mayor requested that the correspondence be read. I I he Memo from Parks and Recreation Commission re removal of Acacia Trees
located on City property. Memorandum dated October 7, 1958 stating
they wish to recommend the removal of two Acacia trees located in the
right-of-way of Buena Vista Circle as requested by Mr. Max Ewald, as
the Tree Committee, upon investigation,, found such allowance necessary
in order to insure access to the property at the east end of Buena
Vista Circle. Cwn, Sonneman stated she would like to make an investi-
gation of these trees before any action is taken by the Council.
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i. Memo from Parks and Recreation Commission re request for tree removal -
J. Bertino. Memorandum dated October 7, 1958 from the Parks and Recrea-
tion Commission stating they would like to rescind their previous
recommendation regarding the removal or topping of trees as requested
by the Bertino family. They further stated that,.although they
believed there is no danger of these trees uprooting, that public:
relations are very important. Therefore, they recommend the topping
of the southerly one-third of the trees in question,.which should
satisfy the Bertinos and eliminate the large cost of tree removal
The Mayor requested any action on.this to be deferred until later in
the meeting.
j. Memo from Parks and Recreation Commission re Street Tree Ordinance.
Memorandum from the Parks and Recreation Commission dated October 7,
1958, in which they urged imediate adopt ion of the Tree Ordinance
as proposed by the Commission. The Mayor requested that this
matter also be deferred until later in the meeting.
The City Manager informed the Council two letters had been received
from the Carlsbad Chamber of Commerce that were -not lisked on the. .
agenda. The Mayor asked to review these letters before being read.
After reviewing the letters, Mayor Lough stated he considered the
letter from Mr. Torres, President of the Chamber of Commerce, regard-
ing the actions of the Harbor Commission, as slanderous and felt it
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should not be read. He further stated that the functions of the Chamber
Commerce serve as a paid publicity agent. If this is the feeling of the
Chamber, they should not be a paid publicity agent. With the consent of
Counc il, the Mayor informed the Council he would talk to Mr. Torres. As
the second letter from the Chamber of Commerce, the Mayor rqquested that
be read.
k. Request for copies of the Master Plan - Chamber of Commerce. Letter dat
October 3, 1955 from the Chamber of Commerce requesting ten copies of th
Master Plan for the members of the Board of Directors to study. The May
stated he wished to thank Mr, Torres for this correspondence and called
upon the Secretary for the Planning Commission. Mr. Price informed the
Council he would be happy to loan the Chamber ten copies €or their study
for a period of one week. Mr. Price was instructed to make these copies
available for the Chamber of Commerce,
1.Inspection report of Fraser Lake. The City Engineer informed the Counci:
an inspection of Fraser Lake had been made by the Department of Water
Resources of the State of California and reviewed the report with the
Council. In the report, certain minor repairs were suggested. The City
Engineer was asked to give his recommendation as to these repairs, and hc
seconded by Cmn. Grober that the City Engineer be instructed to make the
necessary repairs as noted in the report. Four ayes, Cmn. Helton absent
.. recommended these repairs be made. It was moved by Cmn. Ledgerwood and
5. ORAL COPMUNICAT IONS.
a. MRS. ALEATHA VAUGHN was present.and requested that her property be deletl
from the Master Park Plan, as she had a sale for her property, and due tc
the fact her property was included in the Master Park Plan, it prevented
from selling her property; she had written several letters regarding this
request; she knew the City was not in a position to buy her, property at t
present time.
Cwn. Sonneman stated she knew Mrs. Vaughn was very anxious to have some
definite action taken; she was in hopes the City could purchase this
property for the pzrk as she felt this was very essential to our Master
Plan, and that Mrs. Vaughn would reconsider her request.
MRS. VAUGHN informed the Council she could not wait any longer as she wa:
unable to take care of all the property; the adjoining property would ha1
be purchased in order to make her property contiguous to the park, and ti
wanted cash for their property .
- The Mayor asked Mrs. Vaughn what she was asking for her property, and Mrs
Vaughn stated she would want $30,000 as she had a cash offer for $30,00
and felt there were other items more important for the City to take care
of at this time than the purchase of her property.
The Mayor asked the City Attorney what procedure would have to be taken t
delete Mrs, Vaughn's property from the Master Park Plan. The City Attorn
stated the Council could adopt a .Resolution of Intention to delete the
property from the Master Park Plan and then a hearing would have to be he
by the Planning Commission and the Council.
After considerable discussion, Mayor Lough requested Cwn. Sonneman to me€
with Mrs. Vaughn to see if some agreement could be worked out.
b. MR. ERNEST MEJIA, 2677 State Street, stated that he would like to know wk
the City is going to do about the gutters and storm drainage on State; ti
water runs into his door when it rains; they do have a slump there, but i
does not take care -of the water. The Mayor informed Mr. Mej ia this matte
would come up later under Public Service.
The Mayor declared a short recess at 8: 15 P.M.
The meeting reconvened at 8:35 P.M.
UYH
. HARBOR:
Progress report of Harbor Commission. The Mayor announced that Mr. Betzmer,
Chairman of the Harbor Commission, and several members of the Harbor Com-
mission were present and they were ready to give a progress report.
MR. BETZEvIER stated they would appreciate consideration being given to their
report due to the fact the present Harbor Commission had been in progress
for such a short length of time. Several committees were appointed to in-
vestigate,,different phases of the proposed harbor. Mr. Weeks and Mr. Allen
were appointed to a committee to investigate the land acquisition and he
would like Mr. Weeks. to present their findings.
MR. EIEEKS presented a map of the entire lagoon; an outline was made in red
of the property that was recomnended in the Patterson report to be acquired
by the City. Mr. Weeks informed the Council they would like to have an
appraisal of this area. The area outlined represents approximately 140
acres.
The Mayor asked Mr. Weeks if the Commission felt all of this property is
actually necessary. Fir. Weeks informed the Mayor that some of this property
might be vitally necessary; the City now owns approximately 57' at the end
of Hoover Street. Mr. Weeks pointed out that they have not asked for the
..entire area of any one privately owned lot, but have merely asked for a
strip of the land.
Cmn. Grober stated he felt an appraiSal should be made. Mayor Lough stated
he regretted Cmn. Helton was not present.
MR. BETZMER called on Mr. Pat Zahler to give a report on his cornittee's
findings, the committee consisting of Messrs. Zahler, Osburn and Jeffers,
regarding conditions existing in and immediately adjacent to the Lagoon.
Comm. Zahler presented small maps to assist in his orientation. Comm.
Zahler informed the Council his committee had been studying the possi-
bility of setting aside certain areas for swimmers away from the boating
area. The best beach area that we have is parallel along the freeway in
the center lagoon; they propose to have Hoover Street graded for access
purposes to this-area, and they feel it is imperative-to have a place for
swimmers. They propose that the center bay and cove at the foot of Hoover
Street, as well as the area under the Freeway Bridge be designated for
swimming, small boating, launching and anchorage, and that it be desig-
nated as a five mile per hour speed limit.
MR. BETZMEK informed the Council that he and his cmittee, consisting of
the legal and specific status of the Agua Hedionda Lagoon relative to the
title and navigable aspects. They felt it was very necessary that an
exact legal status be established as to the waters of the lagoon, and they
were directing a letter to the U. S. Army Engineers to determine who owns
these waters. Mr. Betzmer further stated that a conference had been held
between himself and Mr. J. H. Stevens of the Small Craft Harbors at the
City Hall on Monday, September 29, 1955. Mr. Stevens suggested that a
formal request for construction funds for development of facilities should
be made with the State, and felt that a revenue bond would be the most
acceptable in Carlsbad. Mr. Betzmer submitted the following recommendations:
, Jeffers, Allen and B&zmer, were investigating another phase of the lagoon -
1. That an impartial appraiser be engaged to determine the cost of acquiring
the 140 acres of land as outlined on the map.
2. The extension of Hoover Street to provide access to the center bay.
3. That a swimming area be developed at an early date.
4. That ma,rkers be established for a 5 mile speed limit in the center bay
area.
The Mayor congratulated the members of the Harbor Commission for their
report and recommendat ions. The Mayor asked if it would be premature
to ask for an appraisal of the land until such time as a letter had been
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received from the. U. S. Army Engineers. Chairman Betzmer stated that the property owned by individuals would have to be acquired whether a Harber
District were. formed or whether it be operated by the City; if we wait to
acquire all the properties surrounding the lagoon, it would probably take m,
years. Cwn. Sonneman suggested that the Mayor and Cmn. Grober investigate
the hiring of an appraiser and report back to the Council as to the cost of
such appraiser. The Mayor infoxmed *the Council he and Mr. Grober would mee'
with two of the members of the Commission later this week. By common conse.
of the Council, the other recommendations were deferred until the next regu
meeting .
C ITY MANAGER I S REPORT :
The City Manager Pro Tern informed the Council that Mr. Malbon would be here
Friday, October 10, 1958, at 9:OO A.M. to make an inspection of the entire '
works system, and he would like to invite any of the members of the C,ouncil
that would like to make this inspection with Mr. Malbon and Himself.
Information requested from official files. Mr. Kubota reported that severa:
-requests had been made for copies of official records,. and considerable timc
had been spent by some of the employees making these copies. He felt this
information should be placed before the public, and would like an expressio~
from the Council as to how they would like this matter handled.
The Mayor asked if the City owned a reproducing machine, and was informed
that .the City does not. After considerable discussion, it. was agreed by thl
Council that if an individual wants excerpts from any of the records, that
they should be made available, and that a charge should be made for these
copies .
City Manager Pro Tem Kubota informed the Counci 1 that he, Mr. Scholink,
Director of Finance, and %wn. Spnneman had het and arrived at a decision
that the request for payment of bills should be presented to Cwn. Sonneman
prior to the evening of the Council meetings, and that the bills and payrol
the Water Company be listed on a separate report . I 7 . FINANCE:
a. Employees State Retirement.
1. Application and Agreement extending Federal System Social Security. 1
Director of Finance was present and informed the Council the proceedings
for this matter had been comenced at the beginning of this year, - and
several referendums had been submitted. This was author5zed by the formt
Council. Under this system it would cost the City approximately $80.00 I
month additional for the employees. After considerable discussion; it 1
moved by Cmn. Ledgerwaod and seconded by Cmn. Grober that the contract w'
the State be modified and that the City Manager be instructed to apply fi:
and amend the contract. Four ayes, Cmn. Helton absent.
2. Resolution No. 441 providing coverage under Social Security for emplo:
Resolution No. 441 was presented to the Council for their review, provid
coverage under Social Security for employees. It was moved by Cmn. c
Ledgerwood and seconded by Cwn. Sonneman that Resolution No. 441 be adop.
Four ayes, Cmn. Helton absent, Resolution No. 441 adopted.
b. Financial Reports.
I Financial reports for the months of July, August and September 1958 were
presented to the Council for their review.
C. Report on insurance policies in force for City of Carlsbad.
A irepdrt of all insurance policies in force for the City was presentedltc
Council for their review.
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d. Review of policy for the borrowing of funds to operate. The City Manager
pointed out that the bulk of the City's income comes from the property
tax revenue, and this would not be available until January. Therefore,
it will be necessary for the City to borrow funds to operate the City
until such time as these property tax funds are received. The Director
pated the City- would have to borrow. Mr. Scholink informed the Council
he anticipated they would have to borrow approximately $35,000 due to
the increase in the payroll and the purchase of equipment; however, the
money would only be borrowed as needed. The Council asked if it, were
necessary to borrow at this time, and was informed it would not be neces-
saky for another couple of weeks,
'. ofvFinan6e;waS ,present' an&,was. asked approximately how much he antici-
, PUBLIC SERVICE:
Sewerage
a. Juniper Ave. Sewer - 1911 Act - Award of Contract. The Engineer of work
reported that Leo Williams was. the low bidder, and his bid as submitted
is in p.roper form. The City Attorney reported that the bond is in satis-
factory form- and that he has examined the contract and finds this to be
in satisfactory form; he pointed out that the Council can award the con-
tract at Lhis time by resolution, and that after ten days the contract
can be signed. Resolution No. 446 was presented to the Council for
their review, awafding a contract for work or improvement ordered by
Resolution No. 434 of said City Council for Assessment District No.
2-1958. It was moved by Cmn. Ledgerwood and seconded by Cwn. Sonneman
that Resolution No. 446 be adopted. Four ayes, Cmn. Helton absent.
b, Report on Sewage Disposal Plant - Mr. Botts. A report was received from
the San Diego Department of Public Health regarding the operations of the
sewage treatment plant. In the report, it was recommended that certain
modifications be made to improve the plant operations. The City Engineer
was asked if he concurred with these recommendations, and he stated he
did. The City Engineer. was asked if he could give the approximate cost
of these modifications, and he informed the Council he was hesitant to
give a figure, but that it would probably be in the neighborhood of
$10,000. Nr. Botts from the Health Department was present and stated
that if a complete renovation were made, it would cost closer to
$40,000, and that their Department would like the administration to
.know that they were ready to assist in any way possible.
Cwn. Sonneman asked if Mr. Phelps could be sued. The City Attorney
informed Cwn. Sonneman that the City had complied with all of the
recommendations made by Mr. Phelps and felt that the City could enter-
tain a suit, however, he would like to reserve his opinion as it may
be the time had run out to commence a suit. After considerable dis-
cussion, the City Engineer was authorized to remove the cover from
the Imhoff Tank and remove the scum.
Street and Storm Drains
e. Petition for street lights - Tierra del Oro. Discussion on this matter
was deferTed from the meeting of September 24, 1958. At that time the
City Attorney informed the Council he felt the City could take over the
maintenance of the oznamental fixtures on the entrance gates, in that
the entrance gates are on City property, according to the policy of the
City Council in regard to entrance gates as established March 4, 1958,
After a brief discussion, it was moved by Cm. Grober that the City
Manager be authorized to contact the public utility for service to main-
tain the two lights at the entrance of Tierra Del Oro. Seconded by Cwn.
Sonneman. .Four ayes, Cmn. Helton absent, motion carried.
h. Business section storm drainage - report. The City Engineer informed the
Council the Santa Fe Railway Company had been contacted regarding the
possibility of a temporary storm drain being installed south along the
Santa Fe Railway property to divert the storm waters from the downtown
section, and one of their engineers spent several hours down in this
area late in August and recommended that we enlarge the downtown storm
drain facilities, however, he did indicate that if the City wished to
install a drainage channel southward that the City develop plans for
their review. The City Engineer further informed the Council that under
their present staff and priority of work, that his department has been
unable to work on these plans.
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k. Water service request - Allan 0. Kelly - Report of Counci.1 Committee. "At
the previous meeting of the Council, the Mayor appointed a comittee to r
a study of this request. Cmn. Grober informed the Council he had met wit
Mr. Kelly and had also talked the matter over with Cmn. Ledgerwood. The
City Engineer was asked his opinion on the matter. Mr. Kubota stated he
felt that if the Council limited the maximum size to the delivery of watc
through a 2" pipe, it would not adversely effect the water pressure in
Terramar,
I MR. ALLAN KELLY informed the Council that he is only requesting a 2" pipt
and that he would probably have to install a pump.
The Mayor asked Mr. Kelly what other source of water he had. Mr. Kelly
informed the Council he could use his own well water or conne-ct to the MI
cipal Water District, but that he was under the impression that the City
wished to sell water which was one reason he was making this request.
The Mayor informed the Council that since there is a pressure prob-lem in
volved, he would hesitate to endorse this connection. Mr. Grober.:stated
he would not be willing to endorse this connection. The City Engineer p'
out that a pressure valve could be installed which would control this
pressure. After considerable discussion, Cm. Grober moved that Mr. Kel
application be denied. Seconded by Cmn. Ledgerwood. Four ayes, Cmn,
Helton absent, motion carried. The City Manager pro tern was instructed
to acknowledge Mr. Kelly's request and inform him his application was de
0. State Street drainage problem - Ernest Mejia. The Council discussed Mr.
Me.jia's problem of drainage in front of his property. on State Street. I
was suggested that perhaps a wall along his property would diverts the wa
from his property. The City Attorney was requested to check into the
legality of a wall, By cmon consent of the Council, the City Engineer
and the Public Works Director were instructed to meet with Mr. Mejia and
submit a report, and the City Attorney was instructed to report on the.
legality of installing a wall along the property to divert the waters fr
I Mr. Be j ia' s property.
10, PARKS AND RECREATION:
a,. Study of Street Tree Ordinance. The Mayor informed the Council this ord
ance was presented to. the Council several weeks ago, and he had talked
with the City Attorney, and .felt that the Council as an elective body sh
retain the power to pass upon all tree removals.
JOHN MCKAIG, member of the Parks and Recreation Commission stated that t
the Commission, realize that they act only in an advisory capacity, and
they would certainly go along with this change.
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The City Attorney informed the Council that perhaps these tree removals
cou1.d be handled in the same manner as the Planning Commission handles
variances.
Cwn. Sonneman informed the Council she objected to Section 3 regarding t
regulation of "planting in parkways. Discussion was given as to what con
stitutes "plants". Mr. Westree was present and stated certain plants an
trees require a great deal of maintenance and certain sh.rubs and trees h
roots that interfere with sewer lines, sidewalks, etc. The City Enginee
pointed out that cactus is hazardous due to children playing along the
parkways. Cwn. Sonneman stated she did not like this section and felt
property owners should be allowed to plant what they wanted. Mr. KcKaig
pointed out to the Council that Nr. Gordon Wbitnall had reviewed this pr
posed ordinance and felt this was a model ordinance.
After considerable discussion, the Mayor-stated that since there is a
difference of opinion, he felt the matter should be set over until there
is a full Council, which should be the next meeting of the Council.
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b. 3. Bertino - Request for tree work. The memorandum from the Parks and
Recreation Commission was reviewed again by the Council. Mr. Westree
was present and stated he would still like to recomnend that these
trees all be removed except three or four trees, and that they be
trimmed, and in that way the problem would be taken care of for at
least the next five years. Miss Coates, one of the Commission mem-
bers, asked if they, the Council, did not feel this would be setting
a precedent, and m-my of the property owners would become anxious
over some of the trees. Cwn. Sonneman stated there are many of the
trees in the City that are a hazard and will in time have to be removed.
’ Mr. McKaig pointed out that there was only $2500 set aside in the
budget for trimming of trees, and wanted to know if it would be
possible to have funds from the contingent fund to take care of this
expense. Mayor Lough stated he was concerned about that matter and
wondered if the property owner would be willing to participate in the
cost.
Mr. Bertino informed the Council his parents were unable to attend the
meeting and he would relate the message to then; he felt the Council
should handle this matter in a business like way and not because of the
Bertino family’s anxiety. By common consent of the Council, the matter
was deferred until the next regular meeting.
c. $emoval of Acacia Trees on Buena Vista Circle. Comm. McKaig in.quired
as to the decision of the Council regarding the removal of the Acacia
trees on Buena Vista Circle. The Mayor informed Comm. McKaig that the
- Council would make an inwestigat ion and report back at the meeting of
October 21, 1958. The City Manager was instructed to so inform Mr.
Ewal d .
.. OLD BUSINESS:
C. Contract between City and J. Keenan. A proposed contract between J.
R. Keenan and the City of Carlsbad for the leasing of property from
the City for a used car lot was introduced to the Council for their
review. Mrs. Keenan was present and requested that they be allowed
to start clearing the lot even though the commencement date of the
lease was not until November 1, 1958. The City Attorney stated he
felt this would be in order as the City has property damage insurance,.
It was moved by Cmn. Grober and seconded by Cwn. Sonneman that the
lease be executed between the City and J. R. Keenan, and that the
Mayor be authorized to execute the lease on behalf of the City of
Carlsbad. Four ayes, Cmn. Helton absent, motion carried. . PAYMENT OF BILLS AND RATIFICATION OF PAYROLL:
Cwn. Sonneman moved ratification of the payroll for the second half of
September, 1958 in the amount of $11,645.36, as certified by tke Director
of Finance and approved by the Auditing Committee. Seconded by Cmn.
Ledgerwood. All ayes, motion carried.
Cmn. Ledgerwood moved authorization Of payment of bills from September
24, 1958 through October 6, 1958 in the amount of $18,354.92, as certi-
fied by the Director of Finance and approved by the Auditing Connittee.
Seconded by Cwn. Sonneman. All ayes, motion carried. . ADJOURNMENT:
It was .moved by Cwn. Sonneman and seconded by Cmn. Ledgerwood that this
meeting be adjourned to Thursday, October 9, 1958 at 2:OO P.M. All ayes,
motion carried. The. meeting adjourned at 11:lO P.M.
Respectfully submitted,
dg ” MiiRGA T E. kDhYS
DeputrCity Clerk