HomeMy WebLinkAbout1953-01-20; City Council; Minutes14
Nr, Barter reported that on the freeway at Elm Street, where water has been pumped for two or thme months, he had been informed by Breed.e.n, through the sub-contractor who is putting in the paving, that the water is ruining the paving: and that the County Inspector was there at the time and. had concurred. He reported that he had contacted Bressi & Brevanda and had been assubed. by them that they would be through pumping by Wednesd.ay, the 7th, and in answer to his question as to whether they were prepared to .pay for any damage to the roads , had stated that their public liability insurance would have to take care of the damage. Mr. Barter stated that he had talked with the City Attorney, who was of the opinion that the City could sue the contractor successfully if the streets have been damaged.. city At- torney Smith stated that most cities have an ordinance prohibiting pumping of water on City streets, It was decided that since the pump- ing wuuld be finished this week, any action should be deferred until that time. Mayor BIcClellm raised the question of the difficulty .of establishing that the damage was due to their pumptng, rather . than accumulated drainage water from rains. @e. Barter stated th3.t the pumps operate continuously, pumping at a rate of 15 to 20 gallons per minute, and tkt the sewer..contractor' maintains that he cannot fix the streets because of the damage being done to them, &yor bk-. Clellzn suggested that it rrdght be well to have the City Clerk join wit,h the present chairnan of the Sanitary Board in a letter to the contractor, pointing out tbt sime there is a probable or possible change of aythority pending, their inspector should make regular ccmtact with the City. The Cit Clerk was asked to draft a letter and ask MI?. Anthony to join witB him, pointing out the present unde- termined status of the Sandtary Board and the probable transfer to the City, and asking that the contractor m&e regular contacts at the discretion Of the Public Viol?@ Dfpector. Mr. Barter reported that upon receiving numerous conplaints from persms suffering from water damage, he had a.ttempted to contact the contractor, and had had considerable difficulty Sn doing SO.
P olice Chief Palkowski announced the coming county-wi,de traffic safety meeting to be held in the Conference Building at Balboa Park on January 15th, and the meeting of Police Ch.iefs to be held. Wed.nesday, the 'Ith, in Coronado,
There being no further business to come before the meeting, cm. Suttm. moved for adjour-ment. Seconded 'by Cm, Castorena, All ayes, meeting adjourned, & /p
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NIIjU T3S 0% ?;ZSTZ;TG OF CkiiI,SB,i;.C CITY CGVXCIL -
s January 20, 1953
ldeeting called to o&er by iGa-pr XcClellan at 7:OO p, m. at the
Cith Zall., 3075 T&n3.icc Street. ?resent besides the &yor wwe- Cmn.
Suttori, Grober., EI.d.e, zit37 Slerk Hagen, Public Works Directoy Bartel-,
and City Attorney. Smith. Absent, Cm. Cas-torena.
Xinutes of the meetlng cd' Jmu.wy 6th were read and approve3.
City Clerk Ekgcr; read two lettecs from the Carlsbad volunteer pire Departmnt to the City Council: . on3 g~ving the nmes of recently elected offleers , per, the Ci'ky's reqx2s t; and one Lj.:iting equipment 1wZenl;ly needed by the Department to operate at full eflhiciency, amounting to $1690.~0. Ffve members OT the ~epartment 7Jver.e presen.t;: virgql h:ther, 2. W. Hardin, Jerry Stand.i&, h'aFi*y Lapson, and zddie
Gar*c:~.a. They stated that rnos t urgent need. at the present tirne was tl-?3 siren, costing $250.00, with ~n installation cha-rge of $25.00 to $30.CtO, J;lp - . 1Iarcii.n explained the system whereby the siren- would b:? g,utomatical- ly set ofP Tjlhe;l tilt: Pire shtion phone number 5 s called , and would sound. until the phone !vas answered. All rnenbers st;mssed tine 13.pgency
crf: this nee6 , especiall?. fo-r day- t irne salls, 3.s m hs twntmeous '.me-EhoCi of lmti.C>ing voluntce>r. members, to avoici critical loss of- the. ;;Pa
Iuthsr stated that the nsps-tment wo~~ld arrangs for the illsta.llakion
of the siren if th.e City waul<- reimbume them later.
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cm.. Ede proposed. the adoption of a resolution %hilt the Oi'ficerS
02 the Carlsbad 'ilolunteer '?ire Department, as set forth in.thefr Corn- munication, be approved. by the Council, for term Of office end-ing June 30, 1953, -Seconded by Cmn, SUtton. Four ayes, no nays, CEUI, Castorena, absent, resolution adopted;
Cw. Grober moved that the City Council authorize the purchase,of a fire s5rt;n and installation of the telephone service as reconmended by the Fire Departrrlent. Seconded by hm. Ede. All ayes, motion carried
lily. Luther stated that he had been advised.that a siren could'be pur- chased and. tried out, and, if unsatisfactory, exchanged for another type Police Chief Palkowski suggested that the Fire Chtef communicate with the Oceansi.de Fix Chief and see if' some arrangment could be worked Out similar to. the arrangement between the two Police Departments, to elim- inate d.ifficulties arising from la.ck of sufficient personnel to give
24-hour answering service.
City Clerk Hagen read a letter from the law firm of Chickering &
Gregory of San Francisco, to City .Attorney Bruce S%ith., advising that the San Diego Gas & Electric: Company propose to file application for f.ranchise .to the City of Carlsbad, md. .that a copy of the application would be sent prior to filing same. City Attormy Smi'ih stated that the law pertaining to incorporated areas provides for an amount of tax approximately ,2& times that received by counties .
Mayor ~~~cClellan asked if there were any oral commica%ions, and Lewis. Chase qnnounced on behalf of the Lions and Rotayy Clubs that two "Weh3me to Carlsbad" sips had been prepared by them and w+pe ready to erect, but that they desired to have the Council designate w'mre the
SimS should be placed. c~l, Ede suggested that the matter 'oe referred to Xr. Barter biiith the request that he select sites Toy the signs, auld- that the Council's appreciation be 3xpressed to the -t;Wo Ciu'&, which
was agree'able to all members. Cmn. Sutto~ a.sked. vfhether these signs should be considered permanent sips -on the present highvfay, or for temporary installation there, to, be 1a.ter .moved to the Freeway. 1~~. Chase Statsci that they were quite portable and could be easily rcoved.
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Archie E. PahL, Jr., presented a petition, signed by the majority of residents of Terramar, requesting a lightigg district,, s-trting that he had seen practically all residents down theI;e except Xr. Cannon and
ldr. aright, but that he felt certain t'mt both of' the latter were favor.able, Mr. Pahl presenked a map prepared by the Gas 2% Electric ComparLy showing the proposed installations, for examinatZon of the Council members . Attorney Smith outlined the procedure to be
' followed under the 19 9 Street Lighting Act, ststing that the cost must be borne by residents of the wes, .who pay a pro ortionate share each year, the original outlay being made by the Gas g Electric Company. Cmn. Eds moved that the City Attormy be authorized to draw up a Reso- lution of Intention, preliminary to the cpeatkg of Te;irazwr Lighting District. Seconded. by Cmn. Sutton. All ayes, motion carried,
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&. Pahl also stated that he had been asked by the post office whzt arrangement wouzd be rn2d.e about street =umbers to faci1ita-h the new mounted, mil delivery., scheduled to .begin in about 30 days. Xe stated that at present lob numbers were being used as house num?Jers; lzr. Barter was directed to extend. the grid numbering system to Terramar as soon as possible.
. j City Clerk Zagen reported that insuP&ce OA the fipe equipment had been vtrritt.en by MF. Eondy for a peYliod ending June 30, 1953, at the same rate paid 03 the previous policy.
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Mayor ICcCLellan remindee t'ne 3ire Chis? of the proposed ceremony to be qrranged in connection with the turatF3 over of the Fire equipment to the C-ity. Chief L,u'c'nel was asked to confe? m-ith CPI. Castorerla dur-
ing the next two weeks an3 NOT% out details of the ceremony.
City Clerk Eagen reported t-ha t he wrote to the Eoa~~'d of Sypemisors on Wednesday, the 14th, encloshs zopy of the Xesolution autho'rizing the termination of Paragraph 2 of the agreement ?or services of the County Road Departxent, and such changes as wouid besindicated ir, Fara-
'received, although a rnislearjing rieaspaper itsm on the subject had been
publlsheti. in the San Diggo papers.
0- D-fap'n 4 by the termi-nation of .Paragpaph 2, kt to d,zte no reply 'md been
City Attormy Smith reported that thepe has "en no decl,sion in the mattep of t& SEQitary Gistrick suit, due to the fact that ?fir. BrOvm, attorney for the Sewer contractor, h8.d interpleaded, which will Cause:
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some delay. Due to the urgency or" unpaid bills, he state6 hi -jJould try i;o get an order to shov caGsc why these curmnt biils should not be paid,
Crm. Grobar stateti that Xrs . Yes t would like to have two palm trees taken out, and had requested him to put the matter before the
Council. 9e stated that it had been proposed that, if' taken out, they be replanted at the Union Cnurch near where the new building will be constructed,, and that Xrs. West would yeplace them with other trees.
Ar"t$T discussion, it was decided to defer any action on matters con.- cerning trees until plans now in prorvess for the setting up of a Papks and Recreation Commission have been completed.
City Clerk Hagen read memorandum from tb Planning Cornmission recommending acceptance of the offer of Ray X. and Sst'her R,lsey to d-edicate the private road thpough. Su,na Vista Gardens tu the City, to inc1ud.e a 6-foot easement for drainage between Lots 3 mb 4, provided the sewer ditch is reconstmeted to the satisfaction of the Public
'80~s Director. Xr. Barter explained. engineering details as to drain- age, surfacing, etc., ar_d Yr. Ralsey stated that he would furnish certificate of title, Xayor iAcCle1lan called attention of the City littwney that ihe City must be properly safeguarZad fn the mtter of clear title, Cmn. Ede offered a reso1ui;ion that the City accept the offer ol" Ray X. and Esther Halsey to dedicate to tl?e City of Carlsbad the private road through Buena Vista Gardens, subject to the restric- tions imposed by the Planning Commission, the deed to be accompanied by Policy, of Titie IrLsurance to t'ne City. Seconded by D. Grober. Four ayes, no nays, Cmn. Castorena absent, resolution adoptec'.
City Sle~li Hagen read a recomrenention of the Plmning Commission that final map on the Fal'm Vista Tract be accepted, subject, to the installation of a tie-in of the water line to Tamarack Avenue. Cm. Ede asked, whether the Gallingar Construction Company had. accepts5 the provision, and Kr. Barter stated that they hs6. not been contacted as yet. Xayor McClellan suggested that the matter might propaply be de- ferred'mtil the Direct02 of "rilislic %oyks can refera back to the sub- divider and ascertain whether he wishes to construct the irn>rovernents, or offer bond to guarantee comp1e:lon; befort! gcceptance is mzde.
City Clerk Zcgen read the recommendation of the Tlanning Commis- sion that tentative plan of subdivision "Tierra del Oro" be accepted as delineated, except that the south end of the road shall be extend- ed to the south property line, and the zoning indicated as Zone 22-2B,
s ingle-family dwellings on 6000-square-feet. a.7 m. -4ndTews was present
and explained details of the map and Xr. CaRnonts plans to develop and beautify the tract, which would hncluding bullumg "1J. an adobe wall around it and installing lamps on top of tine wall, md planting at the south end of the road. He also explained the Ciltqq of alternate -maps and stated that he wished approvil of born maps, as it was undecided as yet which one would be developed. Principal differences in the two maps were, point of junction of the road with t'he .Zi&w;iy 1C1, and that one zap contains 17 lots and. the other 18. Cm. E2.e moved the adoption of the iaecoimendation of the Planning Commission to accept either of the two tentative maps of Tierra del 070, subjeci; to exten-
sion of the street to the south property line. Seconded by Cm. Grober.
; All ayes, rotion carried.
After a 10-minute recess, ?dayor &IcClellan reconvened the Council. The City Clerk rca6 the recommendation of the Planning Commission to approve Ordinance 9025, with changes as indiceted on original copy of atkached drdinmce. Mayor XcZlellan suggested that the City Clerk', of2ice make the changes on all copies of t'ne Ordinance and then pass copies to .the Council members for their study,
City Clerk Eagen read request of %m. Dindinger for rezoning from R-2 to 8-3 of property described as Lots 2 and 3, Block "A" of Palisades. Cm. Ede moved that this application be referred to the Flanning Cornmission, Secor.d.!?d by Cmn. Grober. All ayes, motion carried.
City Clerk Hagen read the recommendaticn of the Planning Commission
that that body not be burdened with the consideration of proposed
Ordinance 9020, but tlhat -the City Council crests a Parks and ReereatSon Commission for the purpose of dealing with the problems covered by this
Ordinance, !Layor XCClellan stated that he vuould li$e very much to have
one mismber of the Council who would maintain contact with the City Attorney as the study of this Ord.inance: progresses, so that when it comes back to the CourLcil there will be at least one member who will be
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: thoroughly familiar with it Cm. Grobor volunteered to WO& With the City Attorney. as OutliEed. Cmn. 3de Eoved that the City Attorney be authorized to &pa.w up plans for the creation Of a parks and Recreation Comission, to be submitted to the City council for consideration. Seconded by cm. Sutton, Cmn. S,Jtton stated that in her opinion these three matters were: closely associa teli with planni-flg and should be .the: pesponsibility of the Flanning Commission, but agreed with other mem- bers ghat tb Cornmission was overburdened and new responsibilities
should not be added at this time. All ayes, mot-ion carried. I% Was brought out in discussion that the .City of Oceanside handles these mat- ters through a Park Department, which refers major decisions to the
City Couxci1.
City Clerk Sagen made second reading of proposed Ord-inance 200% providing fop the formation, regulation and maintenance of the Carlsbad Volunteer Fire DepaptmeIli, Crm. Ede moved %hat proposed Oydinmce 2005 be adopted. Seconded by cm. SubLon. Four ayes, rL0 nays, Cm. Castor- ena absent, motion CaTPied.
City Clerk Hagen mad.e second reading of proposed Ordinance 9012,
rezoning portions of Tracts 98 and 99 to R-3 md C-1, Cm. SUttOfi moved. the ad.opti6n of Ordiiance 9012. Seconded by Cm. %de. Four ayes, no nays, cmn, Castorena absent. Xotion carried.
City Clerk Hagen summarized proposed Ordinance 9013, rezoning a portion of Lot 240 of Thum Lagds from E-2 to Zone R-IA. Correction was made from "R-2'' to "E-2" h- several places in the heading and body of the instrument. Cm. Xde movsd that' this. constitute first reading of proposed Ordinance 9013, with corrections, and that it be tabled to the February 3rd. meeting. Seconded by Cmn. GroSer. . All ayes, motion carried.
City Clerk Zagen suriarized proposed O,dina.nce 9014, c'mnging zone of a portion of Tracts 236 and 2.37 of %hum Lands from E-2 to R-IA. cm. Ede moved that this constitute first reading 02 proposed Ordinance 9014, and that the Ordinance be tabled to Februaryzrd for final reading.
. Seconded by Cmn. Sut'ion. All ayes , motion carried.
Git,y Clerk read proposed Ordinance 7016, declaring intention to vacate a poption of Osean Street, adjoinfng property of Benjamin Taylor. Mr. Barter reported that he had discu'ssed this matter with Mr. Taylor and drew a d.iagrarn indicating how a reverse curve, beginning at the 40- foot mark of the &trip to be vacated, had been recomrr'ended by him as
.being a safer and. more pleasing approach frorr! the wider portion of t'he street. Cmn. Grober moved that this coonatitute first reaqing ol" pro- posed Ordinance 9014, and that it be tabled to the xeeting of February
3rd. Seconded by Cmn. Ede. All ayes, motion carried.
City Ai;korney S~th reported ths', he was prcceeding in the prepar- ation Or documents for the Metropolitan Water Authorfty, and, in the Williams suit, hac mimeographed copies of the brief prepared for sub- mission to other City Attorneys in the County, and presented a bill for incidental expenses in connection tnerewith, as authorized by the Council,
Police Chief Palkoivski reported or?. t'he County-wide traffic meeting held in Balboa Pa-rk on the 15th, mentioning tb several programs that had been advanced. for changes, such as providing unmarked cars fop the Iiightvay Patrol, strengthening the examination for operators t licenses , making a difference in t'he speed limit between daytime and nfght-time, and, in general, exploring ever? means of arousing not only local COm- munities, but the county as a whole, toward. promoting safer driving. & al.so reported that he had received a report from Gr. V?e~t of the Division of Highways, for the year 1952, indicating a total of 11 fatal- ities and 80 major injuries occurrlng within the boundaries of the City
Of Carlsbad, as a result of traffic accidents, Mayor EicCle11an sta,ted that undoubtedly a mimeographed report waul6 come out on both t'm traf- fic and the engineerhg conferences, and that he hope," the City could join fully in the campaign, which will be a sustaiEd, yeararound
campaign for both drivers and pedestrians. cm. Sutton asked if any
benefit might be derived. if the Chief were to appear before service groups, etc. Chief Palkowski stated t'mt the majority of persons who cause accidents resulting in injuries do not participate in these groups. He state6 that he was most anxious to get another man on the force .
3 8:' City Clerk Hagen read a Notzce Inviting BT~S for a police patrol
ca:.., city ~ttorney Smith stated that it is not required to invite 'bids except on public works projects, axd that A%dS can be authorized. for the pupchase of an automobile, either asking for bids Or not, at the Co~cilVs discretion, Cmn. Ede moved that the Council authorize Pub- lication bf the Notice Inviting Bids for a poLice Car. seconded by cm. Grober. All ayes, motion carried.
J;Ir. Ejartep repopted that he had invited Le0 ~'~illi~ls to submit €111 estimate on tvhat two holes, 40 feet deep, would cost, to be Put ~*WI at Lincoln Street near pine, and that 'vSJilliarns ssid th,t he '~fould not do it except on a cost plus 'oasis, but that he would see him again. The other altercative was to take a culvert down Oak Street at a roWh"-cost of $2oo0,00. Mr. Barter stated that MP. Terry, County Foreman, had as- sured him that they i~~o~ld strike sand at 22 feet in the boring. %?* Barter reported that he had figures on the Tyler Street imp~ov~~~t ppoject but bad not yet assembled them, as ?ollOWs: 86 Pey foot fop paving, $1.50 per yard for fill, a.rlii $200.00 for miscellaneous work. Eega.rding financing, he stated the City Attorney had suggested Pro- ceeding under the 1911 Act, Zlr. Barter also reported that he had placed the Eureka Strest mtter iz the hancis of the fiea'ith Department,
who had r-otified. ~ the.people to d.iscontinue discharging the saline 301- ution into th hole In question.
Mayor 1v;cClellan siated t &.I;. he ha3 1earned.at the Traffic meeting that the Division of Eightvays ran, Mr. ;Jest, is. a traffic engineer and
would. assist Carlsbad. in a traffic study of the whole comwity, &s a preliminary to the study on major streets.
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The closing of tile mouth of the Agua Eedionda lagoon was discussed, and the possibility of entering a claim ag3fast Bressi 8c Srevanda, but it was decided to 'Galre no action at. this time. XEt was brought up that there is. an impending plan by the San Eiego Gas l~ Electric Company that would involve some dredging 03 their part.
City Clerk Ggen suxrnarized propesed Or5 inance 6015, regulating card roo~s. Cm. Ede movad t'mt this constitute a first reaciing of proposed Crdir?ance 6015, and thxL it be tabled i'op final reading on Februayy 3rd. Seconded. b? 3ml. SiztLon. Ai; ayes, qotion Carrie$.
City Cle-rk &gen report26 that after a conrerenee with ldp. Sarter he had ordered. several street signs f~orn Kresky Lianul"acturi.rg Corflgany: 5 reflector "SPEED LIKIT 15 MILZS" Tor OC~L.~ Street; 1 "XOT A THRU STRET" foza oak Avenue, aEd 2 ''STO?'' s imps. at B
$75.00, iT;;il(;ci -135s I~G*L kclucie posts and the- necessary iron fasteners, Also, t'mt the Auto Club were ;is'&d an:: &greed. to Fnskaii is signs,
enamel signs. qiir. Trr Barter expressc6 the opinion that the plain signs have nowhere near ttz ei'Ticiency- in tile dark of the reflective type signs. Consid.eration was giveE to whether in the interests cf economy the besy signs should be cancelled. and. the, services of ~YLS Automobile Club alone .useZ.
b- 3 cost of approximately -. - 3
1E'' x 18", ''7;GT f! TmU STZ""" 5161 , @ $3.93, s tra ight black and w X te
The matter of irisurance 013 the 5-eserve Poiice officers was dis- cussed, a.nd the city Clerk was asked to ;In6 out sihether VoiuiTtaar help is wvere6 by the Sta-kG icsuY'a.ilce.
ldayor 1ktcClellan"'stated that there had been two or three requests for Proclamtions; one from the Crusade for Freedom organization; one from the Red Cross to proclaini the month of !"arch as Red Cross l!Ionth; -and one for a similar problamation on Xati.ona.1 XACA Vie&. The Council agreed that Froclamations should be made in these worthy causes.
l\lr. Barter 1-eported that he a& Cmn. Gro'ocr 'md visited tk~e site where the bridge was being built at Elm Avenucs, 3.nCi found water being . run down Zlm Avenue,, turning the co-rr;ler at Rarding. In viebv of the complaint of the sewer co-tracto2 t&.t the road had. been damaged. to the point where they coulC; not repair it, Xr Barter and Cm. Grober had
writing, Tvlr. Barter"'stated that if no reply is received to the letter,
the next step would be to threzten suit. XaBor YJcCleilan urged capeful consid.eration of 2.11 the implications, and skated t'na-t he f'dlk the
City should. not act for Barber ik Breeden, unless they refuse to restore the stpeets because of the wvatcr dainage,
' asked the City- Attorney to make a complaint, which he had d.orle in
There being no furt'nep business to come before the Council, cmn.
.(;robe?? mved for adjournmb, secorded by Cmn. Sutton, Neetip4 adjournec
at 11:OO p. m.
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