Loading...
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. E t I 1 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' U:L V 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. I 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 I I I I t C 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 I ~ r C I 6. 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. CJd3 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. I I t C 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. I 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. aaD 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