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HomeMy WebLinkAbout1958-10-21; City Council; Minutes544 j. Proposed ordinance establishing Public Works Cc@nission - Ordinance No. - 1061. A proposed ordinance creating a Public Works Commission; pro- viding for the organization thereof, its duties and functions; and requiring coordination with other City- agencies was introduced to the Council. After considerable discussion, it was moved- by Cwn. Sonneman and seconded by Cmn. Grober that this constitute the first reading of Ordinance No. 1061. Three ayes, Mayor Lough 2nd Cmn. Helton absent. 5. PAYMENT OF BILLS: Cwn. Sonneman informed the Council that the bill submitted by Castro for the formation cost on Cedar and Carlsbad Blvd. included the re- . moval of an Eucalyptus tree in the amount of $45. It was her under- standing the tree was to be removed at the expense of the owner. Cwn. Sonneman moved authorization of payment of bills from October 6, 1958, to October 17, 1958, in the amount of $2,319.15, with the exception of the removal of the Eucalyptxs tree in the amount of $45 which included the payment of the Water Company bills in the amount of $124.87, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Grober. Three ayes, motion carried. 5. ADJOURNMENT: . It was moved by Cmn. Grober and seconded by Cwn. Sonneman that the meeting be adjourned. ‘fhree ayes, motion carried. The meeting was declared adjourned at 11:40 P.M. Respectfully submitted, ~””””””””“””””””””” MINUTES OF REGULAR MEETING OF CAKLSBAD CITY COUNCIL , ROLL CALL: October 21, 1958 The meeting was called to order at 7:05 P.M. by Mayor Pro Tem Ledgerwood. Present besides the Mayor Pro Tem were Cmn. Grober and Cwn. Sonneman; City Manager Pro Tern Kubota, City Clerk Price and City Attorney Smith. Absent, Mayor L.ough and, Cmn. Helton. INVOCATION : Invocation was offered by Councilman Grober. Resignation of Mayor and appointment of new Council member. Mayor Pro Tern Ledgerwood announced that a letter had been received, which was addressed to the Council from Mayor Carl L. Lough. The Mayor Pro Tem read the letter in which Mayor Lough submitted his resignation as Council- man and Mayor, and asked that the same be effective immediately. It was moved by Cwn. Sonneman and seconded by Cmn. GrobGr that Mayor Lough’s resignation be accepted with regret. Three ayes, motion carried. Mayor Pro Tem Ledgerwood announced that nominations were open for the - position of Councilman. Cmn. Grober opened the nominations and placed in nomination the name of Margaret Coats. It was moved by Cwn. Sonneman and seconded by Cmn. Grober that the nominations be closed. Three ayes, mot ion carried. Mayor Pro Tern Ledgerwood announced that Margaret Coats had been elected as Councilman to replace Cmn. Lough. Miss Coats was present and City Clerk Price administered the Oath of Allegiance to-the new Counci 1 member. Vk " 4 . 7' - .L " 1 I R,,: I.. , ' : .: .." " , >,", . May, 1968 "-- ~x- - CITY SEWER LATERAL CHARGE SUMMARY The following is the breakdown of sewer lateral charges by City Forces. The charges were adopted by the City Council on October 1958, both ,by-, ,cp_mmon. consent ., LI 17 , 1. and the p_ 10% resurfacing charge was adopted November "_,. -. _._ ._ 5, "". A. FOUR INCH (4") VITRIFIED CLAY PIPE SEWER (Plastisol Joint) : 1. Unsurfaced street with a maximum depth of ten feet (10') at main and maximum horizontal run of thirty feet (30') in the amount of $115.00. 2. Surfaced street, with or without curb, curb and gutter and sidewalks with same maximum depth and length as in Item 1, in the amount of $115.00, plus 10% for resurfa- cing for a total of $126.50. 3, Three Dollars, ($3.00) per foot over and above ten feet (10') deep at the main. 4. Four Dollars, ($4.09) $er foot over and above thirty feet (30') in horizontal length. 5. In computing an excessive depth and excessive length sewer, lateral' charge'the total length over 30' charge and the total depth over 10' charge is added to the base charge of $115.00 and then 10% of thy total is -,added for the total sewer lateral cha ye----- B. SIX INCH (6") VITRIFIED CLAY PIPE SEWER (Plastisol Joint): 1. Unsurfaced street with a maximum depth often feet (10') at main and maximum horizontalrun of thirty feet (30'), in the amount of $,$-36.00. 2. Surfaced street, with or without curb, curb and gutter and sidewalks with same maximum depth and length as in Item 1, in the amount of $1368---fi0, plus 10% for resurfa- cing for a total of m. (7'" bQ$.Gn. 3. Three' Dollars, (33.00) per foot over and above ten feet (10') deep at'the main. ,- r 5 ,7. L&+ ~ L * 3. "W c r- 2 e I' .? , .. .. . 4 4 b- - -2- 4. FOUX .I?OI.h2S'EIid Forty-Eight Cents :<:.4..4s) per foot Over and above thirty feet (30') in horizontal run. 5. In computing an excessive depth and excessive length sewer, lateral charge the total length over 30' charge and the total depth over LO' charge is added to the base charge of $136.00 and then 10% of this total is added for' the total sewer lateral charge. CITY ENGINEER 9/2 5/6 1 I * cnh 5 .t E I Selection of Mayor and Vice Mayor. Mayor Pro Tern Ledgerwood announced that nominations were open for Mayor. Cwn. Sonneman opened the nominations and placed the name of Cmn. Ledgerwood for Mayor. It was moved by Cwn. Coats and seconded by Cwn. Sonneman that nominations be closed. Three ayes, Cmn. Ledgerwood abstaining, motion carried. Cmn. Ledgerwood took over the Mayor Chair and announced that nominations were open for Vice Mayor. Cmn. Grober opened the nominations and placed the name of Cwn. Sonneman for Vice Mayor. It was moved by Cwn. Coats and seconded by Cmn. Grober that nominations be closed. Three ayes, Cwn. Sonneman abstaining, motion carried. - Mayor Ledgerwood stated that Lough is gone and he hoped that things would calm down, and pleaded that we can have some peace in Carlsbad, as only Car will suffer as result of these differences. Firing of present City Manager, It was moved by Cwn. Sonneman and seconded Cmn, Grober that the present City Manager, Herbert E, Nelson, be notified t his services will be terminated as of November 1, 1958, Four ayes, Cmn. He absent, motion carried, Cwn. Sonneman moved that an executive session be called for the-purpose of hiring and firing of personnel. The motion died for lack of a second. termin2 -Cwn. Sonneman moved that the appointment of City Manager Pro Tem Kubota &&/ as of November 1, 1958. Seconded by Cmn. Grober. Four ayes, Cmn, Helton absent, mot ion carried. Hiring of new City Manager. It was moved by Cwn. Sonneman and seconded by Cwn. Coats that an executive session be called for the purpose of hiring an1 firing employees. Four ayes, Cmn, Helton absent, morion carried, The exec' session was called at 7:25 P.M. and the members adjourned to the Chief of P office in the City Hall. The meeting reconvened at 7:40 P.M. Cwn, Sonneman stated that she would li appoint a man whom she feels is of the highest integrity to the position of City Manager - nothing can be said against him, so nothing need be said for U. Max Palkowski. It was moved by Cwn, Sonneman and seconded by Cwn. Coats U. Max Palkowski be appointed to the position of City Manager at the pay ra "25", Step "E1', effective November 1, 1958, Four ayes, motion carried, Cmn Helton absent. 'I Mr. Palkowski stated that he accepted this honor with humility, He realize these are difficult times in the City of Carlsbad and hoped he would be ab1 measure up to the ability and trust that the Council has placed in him. Mayor Ledgemood announced there were two public hearings scheduled for hearing at 7:30 P.M., but that he would like to postpone these hearings unt the minutes have been approved and the correspondence read. 3. APPROVAL OF MINUTES : I a. Minutes of regular meeting of October 7, 1958. It was moved by Cmn. Gro and seconded by Cwn, Sonneman that the minutes of October 7, 1958 be app as submitted. Four ayes, motion carried. b. Minutes of adjourned meeting of October 9, 1958. It was moved by Cwn. S man and seconded by Cmn. Grober that the minutes of October 9, 1958 be approved as submitted. Four ayes, motion carried. c. MinuLes of adjourned meeting of October 15, 1958. -It was moved by Cwn. Sonneman and seconded by Cmn. Grober that.the minutes of October 15, 195 be approved as submitted. Four ayes, motion carr4ed. 4. CORRESPONDENCE: a. Letter dated October 20, 1958, addressed to the Council from the Improve ment Forum, in which they suggested the adoption of certain points by th _. City Council. It was moved by Cwn. Sonneman and seconded by Cmn. Grober . that the letter be filed. Four ayes, motion carried. Mayor Ledgerwood thanked the members of the Improvement Forum for their suggestions. 1)YV b. Letter dated October 3, 1958 from Louis J. Kroeger and Associates announc- ing the appointment of Mr. J. Lyle Cunningham as Vice President in charge of the Los Angeles office, who specialize in Public Administration. . Letter dated October 14, 1958, from Mr. Lyle Cunningham of the firm of Louis J. Kroeger and Associates, addressed. to the City Manager, offering his assistance in advancing the programs and objectives in this juris- diction, and the developments in public administration. The Council requested that these letters be made available for the mmbers of the Council. " c. Letter dated October 17, 1958, addressed to the CiXy Engineer from the Hartford Fire Insurance Company Group, setting forth a liability survey of the Water District, in which they found several hazardous conditions existing. The Mayor requested that copies of this report be submitted to all members of the Counci 1. d. Letter from the Division of Small Craft Harbors, State of California, giving notice of meeting of the Small Craft Harbors Cmission in the American Legion Hall at A1 Tahoe, Lake Tahoe, California, on October 28, 1958. Mayor Ledgerwood requested that this information be given to the Harbor Cmission. e. Letter dated October 20, 1958 from Water Pollution Control Board address- ed to the City Council stating they had reviewed an engineering report concerning the operation of the Carlsbad Sewage Treatment Plant, recently transmitted to the City from Dr. J. B. Askew; conditions and procedures described in the report make it impossible for the City of Carlsbad to comply with Resolution 54-36 of this Regional Board, which resolution prescribes requirements for the Discharge of Wastes from the City of Carlsbad; they requested that the City take the necessary steps to in- sure compliance with requirements. They further stated they were review- ing the report submitted by Brown and Caldwell and commended the City on having the foresight to have,a long range evaluation of sewerage needs prepared. They further pointed out that as long as the existing facilities are in operation the City of Carlsbad must make-every effort to maintain effluent from that sourcewithinthe limits of prescribed requirements. I A copy of a letter addressed to Mr. Byrl D. Phelps dated Octoberl5, 1958, from Dr. Askew was read, in which Dr. Askew acknowledged Mr. Phelp's letter to the Department of Health concerning the Carlsbad Sewage Disposal Plant. The City Engineer informed the Council he was to meet with a gentleman in the morning regarding the removal of the lid and scum from the sewage disposal plant, and that he would report back to the Council at their next meet i ng . f. Purchase of Calavera Well pumping unit. Letter dated October 17, 1958, .from W. E. Daniel, addressed to the Ckty Engineer, stating he was inter- es.ted in purchasing all ,or part of the Calavera Well pumping unit. The City Engineer informed th.e Council this well had not been used since 1952. Cmn. Grober stated he felt the City should keep this pumping unit in order that it can be used in case of emergency. The City Engineer pointed out that the power has been removed from the pump, and if it is the intention of the, Council to keep this unit he would recommend that an investigation be made of the unit and that it be put in condition. It was moved by'8wn. Sonneman and seconded by Cwn. Coats that Mr. Grobe,r be appointed to check' this unit and repr.t back to the Council. Four ayes, mot ion carr-ied. g. Letter dated October 13, 1958 from the Carlsbad Union Church, in which they stated the church was considering the construction of sidewalks and curb and gutter in front of the church property on Pine Avenue and Harding Street, as sketched in red on the enclosure. They requested the church be given the grade and locat-ion of sidewalks and curb and gutter, They further stated the church would like to save as many trees as possi- ble. Cwn. Sonneman stated she was definitely against the narrowing of any of the streets in the City. The City Engineer pointed out that Pine I I I I f t Avenue has a right-of-way width of 80' and a roadway width of between 55' or 65'; he also pointed out that parking is the most expensive use of a street, It was moved by Cmn. Grober and seconded by Cwn. Coats that thi; matter be referred to the Planning Conmission. Four ayes, notion carriel h, Letter dated October 7, 1958 addressed to the City Manager from San Diegm State College, stating the students in their'graduate Seminar in Public Administration have undertaken a county-wide survey of local personnel administration as their project for the fall term, and each student has chosen an individual city for their report, Mr. James Harmon, Instruct0 Department of Political Science, San Diego State College will be prepari the report on Carlsbad, and would appreciate any cooperation and assista the City can provide. The City Manager Pro Tem informed the Council he talked with Mr. Harmon and he requested that he be given time with each the members of the Council; Ivir. Harmon would be in the City tmorrow at 10:30 A.M. Hr. Kubota stated he would be happy to coordinate appointmen for the manbers of the Council. Mayor Ledgerwood stated he would be wil to meet with Mr. Harmon tomorrow. It was moved by Cmn. Grober and secon by Cwn. Coats that the City Manager Pro Tem be authorized to -cooperate -with Mr. Harmon. Four ayes, motion carried. i, Letter from the Public Utilities Conmission giving notice of a public hearing to be held in Los Angeles on October 27, 1958, through October 29 on railroad grade separations. Cmn. Grober stated he would be in LOS Angeles during that time, and if possible he would attend this hearing. j, Letter dated October 20, 1958 from Smith & Castela Associates, addressed to the City Council requesting an appeal on the decision of the Planning Commission denying a variance on lots t'Ltc , ItM", and trNtl. MR. W. A. STRINGER, member of the Planning Commission stated he was appe ing as a citizen and not as a representative of the Planning Commission, He urged the Council to give this matter consideration because he felt t building the applicants contemplated building would certainly be an ass€ and benefit to the community. Mr. Stringer presented a drawing of the i involved. The City Attorney informed the Council a public hearing woulc have to be held. It was moved by Cwn. Cozts and seconded by Cwn. Sonnen that a hearing be set for November 4, 1958. Four ayes, motion carried. k. Letter from Perry Lamb regarding the Terramar Unit #6 Subdivision in relation to the sewer situation in that area, in which he stated he fel health should be considered before profits. The Kayor reviewed the sew< problem-in the Terramar area wit-h the members of the Council. After COK siderable discussion the Council requested that the letter be filed unt: some deci-sion could be made on the Brown and Caldwell report, 1, Letter from Max E. Lipman dated October 20, 1958, addressed to the City Council, regarding an insect problem in the City of Carlsbad from the -B1 Vista Lagoon. The City Engineer pointed out to the Council that work hac been done last spring by the County, in which the City of Oceanside and the City of Carlsbad participated, to try and correct the mosquitoes in Buena Vista Lagoon area. By common consent of the Council the City gan, Pro Tem was instructed to forward Mr. Lipman's letter to the Health Dep, ment, and to inform Mr. Lipman as to the Council'sraction. 5 , ORAL COMMUNICATIONS: M. JARVIE, stated that he was a member of the Mayor's Advisory Comittee, submitted a report for the Council's consideration, and hoped that these r mendations would soon be given consideration. Mayor Ledgerwood informed Mr. Jarvie that one of the recommendations submi by the Committee was presently being considered - the establishment of a P Works Commission. ux LJ CITY MANAGER'S REPORT: The City Manager Pro Tem asked if it were the wishes of the Council to con tinue their present policy of not releasing any City business to the news- papers until it had been presented to the Council; under this new policy he did not feel that the City was getting the coverage they should. Mayor Ledgerwood stated that previously news appeared in the papers before it was presented to the Council and many times it placed the Council in an em- barrassing position. It-:was agreed that the present policy be continued. '. PUBLIC HEARINGS: a. Reclassification of Roosevelt Street from Zone R-P to Zone C-2. Notice of proposed change of classification was read, giving notice that the Council would consider the reclassification from Zone R-P to Zone C-2 of properties described as 150' lying westerly of Roosevelt Street between its intersection with Grand Avenue and Laguna Drive.; 150' lying easterly of Roosevelt Street between its intersection with Grand Avenue and Laguna Drive, excluding therefrom all 1and.s presently zoned (2-2, said reclassification being initiated by the Carlsbad City Council in accordance with Ordinance No. 9060 of the City of Carlsbad. Res. 883 of the Planning Comission was read, recommending that the change of zone on Roosevelt Street between Grand Avenue and Laguna . Drive be denied. The.Mayor asked if there were any persons present who wished to speak in favor or against,this proposed reclassification. MRS. DETWILLER, 2771 Roosevelt Street stated she hoped the Council would uphold the decision of the Planning Commission; the drainage on this , street is very bad; since the alley in back of her property has been paved the water drains down to her property, and furthermore, this street does not have the physical conditions 6ajr a C-2 zone. MR. KURNER, stated this reclassification had been discussed by the property owners in the Buena Vista Circle, and they are very opposed to this reclassification. The Mayor declared the public hearing closed at 8:46 P.M. i " Cwn. Sonneman pointed out that the original applicant had now with- drawn his request for reclassification of certain property, and as there does not seem to be any real urgency for this reclassification she felt the matter should be dropped at the present time as this would definitely become a C-2 zone in the future, perhaps within one .. year or perhaps it might be 10 years. After considerable discussion by the Council, Cwn. Sonneman moved that the request for reclassifi- cation be denied, as recommended by the Planning Comission. Seconded by Cmn. Grober. Four ayes, Cmn. Helton absent, motion carried. b. Appeal of decision on variance request - James A. Scanlon. Notice of appeal of decision on variance request was read on the height of a fence from 42 inches to 72 inches., on property located on the northwest corner of Laguna Drive and ElmwQbd Street. Resolution Si80 of the Planning Commission was read, denying the request for variance. Corn. Stringer of the Planning Commission was .present and pointed out that this particular fence does not harm any of the property owners in this area, but the Commission felt that if this request were granted that it would set a precedent for other property owners. ' Corn. Jarvie of the Planning Commission was present and informed the Council there were no protests registered at the hearing of the Planning Comission. MR. SCANLON, informed the Council there was no intent on his part to evade the necessity of a building permit; this fence was built for one year when he received a letter from the former City Manager requesting that he adjust this fence within thirty days, as the City had received a complaint; He had requested the City Manager to inform him of the person who had made the complaint, but he had refused to give him this information. The party making the complaint had never appeared at the hearing when this matter was being considered. I 5 t The Council asked if this variance could be granted on the condition tha at a later date a complaint were made it would be adjusted. The City At pointed out that you "could not abate this c-ondition in the future if you grant this yariance now. I The City Engineer informed the Council that he 'was the person who advise Mr. Nelson of this violation; he also advised Mr. Nelson of two other fe at the same time and €he property owners made the corredtions. Cwn. Sonneman stated she would like to know why this gentlemanwas not advise who the complaint was made by; she felt .this was a deplorable situation. The City Engineer stated it was his duty to report any violations. The City Attorney stated that he was informed of this matter by Mr. Nelson; it is the purpose of the City to promote peace and harmony; he had inf or Mr. Nelson that legally he could not be bound to give the names of the complainants; if a protest is made it has a tendency to create a feeling of hostility for persons making complaints. Cwn. Coats stated Mr. Scan1 point is well taken and who made the complaint is not important at this and quoted from Ordinance No. 9060 the section pertaining to the reasons for granting a variance. Cmn. Grober asked if there were other fences i the area of this height. Cmn. Grober was advised there were other fence in the area that were of similar height. Comm. Stringer pointed out tha there were other fences in the area that had been constructed prior to c present zon$ng ordinance, but they had been built .privrily for wind bre The public hearing was declared closed at 9:'15 P.M. After considerable discussion by the Council, Cwn. Coats moved that the appeal be granted and that the matter by deferred back to the Planning Commission for fur, ther consideration, for the following reasons; 1. That the fence had been constructed for one year before the property owner was notified of the violation; and 2. that there were other fences in the area of similar' height. I Seconded by Cwn. Sonneman. Four ayel, motion carried, Cmn. Helton abse~ C. Sewer Project- 1911 Act. Magnolia Ave. & Grand Ave. The City Attorn1 announced this was the time and place set for the hearing of an amendmel to Resolution of Intention No. 422, which proposed to change the bound, of the assessment district. -The Mayor asked if there were any persons 1 wished tp protest this amendment.. MR. ANDfiEW CHANNEL, 3720 Adams, asked if he aould see the amended map o , the district. The amended map was presented for Mr. Channel's review. As there were no further protests, the Mayor declared the public hearin closed at 9:30 P,M. Proposed. resolution No. 447 was presented to the Count-il for their re- view, amending resolution of intention No. 422. It was moved by Cmn. Grober and seconded by Cwn. Sonneman that Resolution No. 447 be adopted Four ayes, Cmn. Helton <absent. Resolution No. 447 adopted. Proposed resolution No. 448 was presented to the Council for their revi making findings and overruling protest and objection. The City Attorne pointed. out there were less than 30% protests. It was moved by Cmn. Grober and seconded by Cwn. Coats that Resolution No. 448 be adopted. Four ayes, Cmn. Helton absent, Resolution No. 448 adopted. Proposed resolution No. 449 was presented to the Council for their revi ordering the construction of certain sewer work and ordering posting an publication of notices inviting sealed proposals or bids. It was moved Cwn. Sonneman and seconded by Cmn. Grober that Resolution No. 449 be ad opted. Four aYes,&mn. Helton absent, Resolution No. 449 adopted. Proposed resolution No. 450 was presented to the Council for their revi determining the general prevailing rate for legal hbliday and overtime in the City of Carlsbad, for certain crafts or types of .workmen. It wa moved by Cwn. Sonneman and seconded by Cwn. Coats that Resolution No. 4 be adopted. Four ayes, Cmn. Helton absent, Resolution No. 450 adopted. I L UdU Propsed resolution No. 451 was presented to the Council for their review, direct- ing that ceitain street work be done under the direction and to the satisfact- ion of the Engineer of Work. It was moved by Cwn. Coats and seconded by Cmn, grober that Resolution No. 451 be adopted. Four ayes, Cmn. Helton absent, Res- olution No. 451 adopted. 8 - FINANCE : a.0rdinance No. 1062- Authorizing Amendment to Contract- State Employees Retirement System Proposed Ordinance No. 1062 was presented to the Council for their review, authorizing an:.'.amendment to the contract between the City Council and the Board of Administration of the California State Employees' Retirement System. It was moved by Cwn. Sonneman and seconded by Cmn, Grober that this constitute the first reading of Ordinance No. 1062. Four ayes, Cmn. Helton absent, motion carried, 1 - PLANNING a.Request of David Kurner- City Attorney's opinion. At the previous meeting the City Attorney was instructed to report on a petition which had been received from J. D. Kurner, regarding the present-use of the property being used by Earco and Cement Contractors on Laguna Drive. The City Attorney reviewed the previous actions on this matter with the members of the Council; he also reviewed Mr. Whitnall's report and an opinion that had been submitted by him on September 23, 1958. He pointed out that the question in hes mind was after 9 months, subsequent to the time action was taken by the Planning Commission and the Council, whether anb appeal is timely, as he felt this petition was an appeal; the action of the Planning Commission has become final and binding; perhaps the present use of the property should by invest- igated, and the matter should be referred to the Secretary of the Planning Commission, and he did not feel the action of the Planning Commission should be considered after this length of time. It was moved by Cmn. Grober and seconded by Cwn. Coats that this matter by referred to the Secretary of the Planning' Commission as to the present use of the property, and that -a report be made back to the Council. Four ayes, motion carried. The Mayor declared a recess at 10:40 P.M. The meeting reconvened at 11:08 P.M. b. Greenwood Park- Tentative Subdivision Map. . X tentative map of Greenwood Park was presented to the Council for their review. Resolution No. 86 of the Planning Commission was introduced whereby the Planning Commission recommended approval of the tentative map of Greenwood Park subject to certain conditions being performed. After discussion by the Council proposed Resolution No. 453 of the City Council was introduced approving the tentative map of Greenwood Park, subject to certain recommendations and conditions being performed by the Sub-divider in accordance with the recommendations of- the Planning Commission. It was moved by Cwn. Sonneman and seconded by Cwn. Coats that Resolution No. 453 be adopted, Four ayes, Cmn. Helton absent,- Resolution No. 453 adopted. , " PUBLIC SERVICE: - Water. (c) Water metering program for Terramar. The City Manager Pro Tem informed the Council that in accordance with their instructions he had sent out six letters to metering companies and had received back four bids. The lowest bid was submitted by the Neptune Company. A representative from the Neptune Company was present and commented on the Neptune meter. He pointed out that out of approximately 2800 Ieteks,..prswhnsly.. ownbd,,byl;-i.,l:the:C;aals- %$el Wtya&.Wafer Eompany,. 2700 of these meters were Neptune meters. The City Manager Pro Tem informed the Council at the last count Terramar had 133 flat rate services, and if the City ordered 150 meters, he had computed the amount of these meters from the lowest bid received in the amount of $4,355.00 atthe present time we are charging $40.00 for the 5/8 meter and $50.00 for the 3/4" meter. The matter of financing these meters was discussed. The Director of Finance was present and informed the Council the policy of the Mutual Water Company had been to have the property owner either pay cash, or pay within a three months period. He questioned whether the City could extend credit for a one year period. He also informed the Council there were funds available I .. . in the water bond fund to take care of the purchase of these meters, It was agreed by the Council these meters should be purchased by the property owner either by cash, or 1/3 down and the balance within sixty days. After considerable discussion by the Council it was moved by Cmn. Grober and seconded by Cwn, Sonneman that the City Manager Pro Tem be authorized to use his discretion on the purchase of the meters. 'Four ayes, motion carried. 16- OLD BUSINESS: .. I a. San Luis Rey Water Suit. The City Attorney informed the Council he would like to introduce a resolution, substituting the City of Carlsbad as a defendent, in the pending action in place of the Carlsbad Mutual Water Co- pany; that T. Bruce Smith, City Attorney, and the firm of Jennings, Engstrand, and Henrikson be appointed legal counsel for the City of Carlsk and that said counsel are hereby specifically authorized and directed to stipulate in said Case No. 184855, that the time for bringing the action to trial may be extended to and including March 27,1959. Resolution No. 452 was presented to the Council. It was moved by Cwn. Coats and secondec by Cmn. Grober that Resolution No. 452 be adopted. Four ayes, Cmn. Heltor absent, Resolution Noi 452 adopted. b. League of California Cities Annual Conference. The City Manager Pro Tern announced that the Annual Conference of the League of California Citie would be held in Los Angeles on the 26th of October, 1958, through the 29th of October, 1958, and he would like the Council to authorize the attendance of Mr. Westree and Mr. Scholink to this meeting. By common consent of the Council Mr. Westree and Mr. Scholink were authorized to attend this meeting. .. c,. American Water Works Association-Annual Conference. The City Manager Pro Tem announced that the Annual Conference of the American Water Works Association would by held.in Los Angeles October 30th through November 1st 1958, and he would like to have the Council authorize Mr. Tucker and himse to attend this meeting. By common consent of the Council Mr. Tucker and Mr. Kubota were authorized to attend this conference, I 17- PAYMENT OF BILLS AND RATIFICATION OF PAYROLL. I. Discussion was given as to having the payment 0.f bills and authorization c payroll placed earlier on the agenda. The City Attorney informed the Council the placement of items on the agenda was authorized by ordinance, and if they wished this item changed it would have to be done by amending the ordinance; however, if the Council wished to have the matter come up earlier on the agenda it, could be done by consent of. the Council at each meeting. The Mayor announced that since the reorganization of the Council he would like to appoinz Cwn. Coats to the Auditing Committee. Cwn. Sonneman moved authorization of payment of bills from October 17, 195 through October 20, 1958 in the amount of $2,782.60, representing the general expenditures of the City, as certified by the Director of Finance and approved by the Auditing Committee, Seconded by Cwn. Coats. Foureaye motion carried. Cwn. Sonneman moved authorization of payment of bills Eor the Water Company from October 17, 1958, through October 20, 1958 in t amount of $12,383.25, as certified-by the Director of Finance and approved by the Auditing Committee, Seconded by Cwn. Coats. Four ayes, motion carried. I Cwn. Sonneman moved ratification of the payroll'for the first halfoof Oct- ober, 1958 in the amount of $11,910.48, as certified by the Director of Finance and approved by the-Auditing Committee. Seconded by Cwn. Coats. Four ayes, motion carried. 18- -ARJOURNMENT: By proper motion the meeting-was adjourned at 12:lO P.ML; Respectfully submitted, tJdk MINUTES OF REGULAR MEBTING CF CARLSBAD cm COUNCIL November 4, 1958 The meeting was called to order at 7:OO P.M. by City Clerk Price. Present besides the City Clerk was Cwn. Sonneman. Absent, Mayor Ledgerwood, Cmn Grober and Helton, and Cwn. Coats. Due to lack of a quor- um, the meeting was adjourned to Wednesday, November 5, 1958 at 7:OO O'clock P .M. The hieeting was declared adjourned at 7:03 P.M. I Respectfully submitted, I fl& """"""""""""""""""""""""""""""""""""" MINUTES OF ADJOURNED MEETING OF CARLSBAD CITY COIJNCIL November 5, 1958 ROLL CALL The meeting was called to order at 7:OO P.M. by Mayor Ledgerwood. Present besides the Mayor were Councilman Grober and Helton, and Councilwomen Sonneman and Coats;. City Manager Palkowski. Absent, City Attorney Smith.. INVOCATION: Invocation Qa,,s offered by Cmn. Helton. APPROVAL OF MINUTES: I s.Minutes of Ajourned meeting, of October 17, 1958. It was moved by Cmn. Grober and seconded by Cwn, Coats that the minutes be approved as submitted.. Five ayes, motion carried. b.Minutes of Regular meeting of October 21, 1958. It was moved by Cmn, Grober and seconded by Awn. Coats that the minutes of October 91,1958, be approved as corrected. Five ayes, motion carried. CORRESPONDENCE: 8.City of Oceanside- Inyitation for Jkint meeting of Councils. better dated Octr ober 23, 1958, from Mayor Sklar of the City of Oceanside, extending to the City of Carlsbad's City Council an invitation to attend a joint meeting of the two legislative bodies for the purpose of discussing a possible con- solidation of the two cities. After considerable discussion by the Council, Qwn. Sonneman movgd that the 1etter;be acknowledged by the City Manager thanking them for the invitation, and that considerable thought should be given this matter by the Carlsbad City Council, therefore, no date could be set for a joint meeting at this time. Seconded by Cmn. Grober. Five ayes, motion carried. . ,.State of California - Gas Tax Apportionment. The City Manager gave a resume of the Gas Tax apportionment for the City of Carlsbad, showing the quarterly apportionment of 5/8c gas tax for quarter ending September 30, 1958, based on a population.of 6,963 as $5,386.94. By common consent of the Council the letter was ordered filed. I .Letter dated October 22, 1958. from the Department of Public Health. stati ing in 1955 the Board of Supervisors of San Diego County established an Air Pollution Control District; also, a ten-member Citizens Advisory Comm- ittee wasappointed to make recommendations to the Board. The Advisory Committee and the Department of Public Health believe it would be to the County's advantage to review plans of certai? types of industrial install- ations contemplated in the incorporated areas. The Committee would make recommendations from an air pollution control point of view. They recomm- ended and requested that the City voluntarily cooperate and participate in