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HomeMy WebLinkAbout1953-07-21; City Council; MinutesI 2 2 ': 3 @ $ $ I I 9' , ' I( financial way until the ra&lroad decides how far they will go on it. City Clerk Hagen asked permission to employ Everts 8~ Esqoff to audit the City books. Cm, Ede moved the adoption of a resolution authorizing the City Clerk-Qdministrator to have Everts & Esenoff audit the City's books for the first fiscal year. Seconded by Cm. Castorena. Four Wes, no nays, cnm. Sutton absent. Resolution adopted. The amended draft-of the budget was studied and discussed. Hayor McClellan proposed that the items be set up with a symbol Indicating the funds from which they may be paid. - . It was proposed that Cmn. Ede consult with City !beasurer Pace, possibly ask.ing City Clerk Hagen to sit in, to ascertain what compensa- tion could be worked out for Mr. Pace. The naming of the portion. of Highway 101 to be relinquished to the City was discussed, with emphasis on the necess3ty.of early action so that residents and merchants could accomplish changes of address as soon as possible. It was decided to take up the matter at the July 20th meeting. Cmn, Castorena reported that the Carlsbad,Volunteer Fire Department "Engine Company No. l", is holding a formal dedication of the fire sta- tion and open house on Saturday, July llth, from 10 A, .M. to 6 lip. M,; that 8 mailing Is going out to all boxholders and rural boxholders, and a special invitation is extended to the Council and City officials. It was arranged that Councll members be at the Fire Station about 2::3O P, M, and participate in the ceremonies. Cmn. Castorena submitted for approval of the Council the names of the following newly-elected officers of the Fire Department: Fire Chief - - -- Robert Hardin Assistant Chief- Jerry Standish Captain - - - - Eddie Oarcia Captain - - - - Denny Wood Secretary - - - Lloyd Simmons 1, Cm, Castomna offered a Resolution, seconded-by Cm. Ede, approV.i33g the election of the above-named officers of the Carlsbad Volunteer Fire Department. Four ayes, no ylays,,Cmn. Sutton absent. Resolvtion adopted, By comon consent the City Clerk was authorized to prepare a let- ter of commendation and appreciation to the Fire Department for their very fine work in remodeling the Fire Station. . The City Clerk was also authorized to send a similar letter of com- mendation to the reserve police officers.for their magnificent job, particularly over the Fourth of July week-end. There being no further business to come before 'the meetmg, Cmn, Castorena moved for adjournment, Cmn, Chase seconding. All ayes, meet- ing adjourned at ll:O5 Po PI, .v ""~""""""~~""".~."""". .. MVflEJWTES OF MEZX!ING OF CBBLSBUTW CO- JULv a. 1953 Heeting @.led to order &t 7:60 P, M. by Naym *McClellan. Present besides the Mayor were Cmn. Castorena, Ede, .Sutton, Chase, City Clerk Hagen, Public Works Director Barter, Building Inspeotor:Ewald, City At- torney Smith, .. Cm. Ede moved, Cmn. Castoena seconded, tht read&g of the minutes of the meeting of July 7th be walved. All ayes, motion carried. City Clerk Hagen read the following correspondence; Letter from the San Diego JuniQr Chamber of Comnerce regarding . :. . - ,. -64 .. Harbor Dags Festival, exteading open' invitation to attend and askbg that the Mayor proclaim August 2Znd and Z3rd Harbor Days in the City of Carlsbad. By common consent it was decided to go along with the request. Letter from the Division of Beaches Ad P~P& regarding 'improve- , ments on the State-owned beach in Carlsbad, and advising that Mr. Drury and Mr. Powell will spend a few -days in Southern California around July 28th and would like to all while fn this area. Referred to the Farks & Recreation Commission. Letter from Franklin W, Lllley, City Administrator of Oceankide, proposing that Carlsbad stand half the expense, estimated at $ZOO,OO as each City's share, of a County program to control gnats by spraying. City Clerk Hagen stated that he would like to speak to the Couney people and flnd out more about the plan. Referred to the City Clerk for fur- ther investigation and recommendation. Letter from J, A. Alexander making numerous suggestions as to hydrants, stop signs, street signs, beach facilities, etc, Referred to the City Clerk bad Director of Public Works, with the request that a short acknowledgement be made stating that the pouts raised will be studied to ascertain which can be developed, and thanking Mr. Alexander for his interest. Cmn. Chase was asked to consult with the City Clerk and Public Works Director since most of the suggestions lie In his field of .Public Works. . -The City Clerk read the followug recommendations from the Plan- - nag comiss~o~: (I) That approval be grated the application of Earl V. Callander for variance in aide yard setback from 15 feet to % feet to-permit con- struction Of a patio wall on his property at 2869 Elmwood. Cmn. Ede moved that the recommendation of the planning Commission be accepted and variance granted as requested. Seconded by Cmn. Chase. All ayes, motion oarried. (2) That approval be granted on the application of Carlsbad Urhon School District for special use permit to allow construction of school buildings on a portion of Tract 231, Thum Lands, lying southerly of the present Jefferson -School. Cmn. Bde rnovea, seconded by Cm. Sutton, that special use permit requested by the Carlsbad Union School District be granted. All ayes, motion carried, (3) That tentative map of Terramar Shopping Center, submitted by W. Do Cannon, be approved. Harry Andrew8 from Freeland, Peterson & Evenson was present and explained all pertaent pobts, stating that the intention was to provide a sinall shopping center to accommodate Terramar residents, and that El Arbol Street would be improved and widened. Mr. Cannon was also present. Cm. Castomna moved, Cmn. $de seconded, that the recommendation of the Planning Commission be accepted and the ten- tative map of Terramar Shoppbg Center be approved. All ayes, motion oarried. Zoning was discussed but it was brought out that this was not a requirement for a tentative map. (4) That approval be granted on the Record of Survey oovering a subdivision lying between the Pacific Ocean and present Highway 101, north of Terramar Unit #l, submitted by W. D. Cannon. Harry bdrews stated that it had been &. Camon*s original intention at time of fil- ing the 'tentative .map to proceed with a final map, but that due to cer- tain changed irm plan he had decided to, file Record of Survey so dedica- tion of the street to the City would not have to be made. He stated that the same improvements would be made as under a final map, the Publie Works Director will inspect the streets, etc,, but the City will not own them, except that an offer of dedication wo.uld be made, of the extreme south end of the private road, to be reserved for a future street to the adjacent property. He outlaed Mr. Cannon's plan of leasiag the lots on a 99-year basis to individuals 'rather than selling them, keeping the subdivision very exclusive. City Attorney Smith stated that there would be a public service easement granted for electricity, gas, water and sewers, with right of access for the city services, police and fire de- partment. Mr. Cannon stated that standard hydrants would be put in, and transite pipe for water, suitable underground drainage, and that he would ao-operate with the City 3n every way. Robert Sutton, member of the Plarwing Commission, was asked for his comments and stated that he was strictly opposed to the acceptance of a subdivision without dedication of the streets as he felt it was poor planning, and had voted against app proval by the Planning Commlssion, City Attorney Smith stated that a .. 1,6 .. bond had been prepared and an agreement drafted to complete improvements within a oertaln speoified length of time. Cm, .Ede moved the adoption of 8 resolution approving the Record of Survey submitted by W, D, Can- non, of a portion of Lot X, Ranchp Agua Hedionda, and authorizing the proper. City officials to Sign the snap. Seconded by.Cmq, Castorena, Five ayes, no nays, Resolution adopted. and the bond executed by Hartford Indemnity Company in the sum of $jwO.O and called attention to the attached statement of estimated costs by Freeland, Pe.terso# lk Zvensm, signed by H,. H. Barter, Publie Works Di- rector, Cm, Castorena offered a resolution accepting the bond and ap- proving the agreement, and authorizing the proper officials $0 execute it, Seconded by Cnw, Ede, Five ayes, no nays, resolution carried, approval of tentative map of Terramar #4, with exceptions as requested from the provisions of Section III, OrSLinavlce 9025, submitted by W, D. Cannon, Harry hdrews stated that Mr. Ecke _and Mr. Cannon had made rn agreement providing that each would dedicate to the City one-half of a City Attorney Smith read the agreement to improve the subdivision., I The City Clerk read a recommendation of the Planning Commission for q -; street .at the south boundary of the ma.., at the time final map is filed, ?3 f: Cmn, Castorena moved that the recommendation of the Planning Commission +. be accepted and the tentative map of Terqamar #&, with exceptias as 5 requested from the provisions of Ordinance 9025, be approved. Seconded et ciation to .the Council for their favorable consideration, "'4 by: Cm, Ede, All ayes, motion carried, Mr. Cannon expressed his appre- %ity Clerk Hagen read a re+commendatlon from the Planning Commission for approval of ten$ative 'map of Carlsbad Highlands #3 L Mr. &drews explahed that since referral back to the Planning Comission'a slfght change had been made in the map, i, e., widening of Lots Nos, 111 to 117 to 120 feet, to straighten out the south boundary of the tract, Crnn. Ede moved the approval of' the tentative map of Carlsbad Highlands ,#3, as revised, submitted by Donald Bri-ggs, in accordance with the recomenda- tion of the Phming Commission, Seconded by Cmn, .Chase, Four ayes, - motion oarried, Mayop IWXellan not voting, I Art Snyder protested the cementing of Joints by the- sewer contract- or, instead of using .a hot seal, stating that witha a short period of ttrime the jo3.xits- will be penetrated by roots. He stated .that the Co,unty had always insistea that the joints be poured and he felt the City should require it, Building aspector Emld quoted the pertinent section of the plwnbing code .which permits cemented debts I stating he felt Mr. Snyder' E objections were sound but he could not require it under the pmsent Or- dinance. Hr, Snyder also objected to use of 'T's" lastead of "Y*s" and the angle at wkich they were Joined to t.b main sewer. The entire situa- tion lrtvolving the work of the sewer contractor was discussed at length, and it was deoided that steps must be taken to compel him to meet the City's requirements, Cm, Ede moved, seconded by Cm, Chase., that the Director of Public Works be hstructed to stop all new work 3.n the street: by the sewer contractor until he repairs the existing paving breaks sat- isfactorily, takes out encroachment permits for all work, and supplies all necessary infomoation gn all encroachment applications, All ayes, motion oarried, The City Clerk was requested to bstruct the 'City Attor- ney to prepare +a amendment to the Plwnbing Code if it is dedided that one is neede$ after further consideration, acknawledg3ng receipt of two copies of Ordinance lOlj oreating Civil Defense and Disaster Council and Resolution No. 40 relative to Civil Defense, and asking for two certified copies of the resolution in connec- tion wfth the protectipn .of volunteey disaster service workers, and the resolution adopting the bster Mutual Aid Agreement, . The City Clerk read tb resolution adopting the- Mastey Mutual Aid Agreement, Can. Ede moved its adoption, seoadsd by Cmn, Castorena, All ayes, resolution adopted. .. City Cle& Hagen read a let-ter from the Office of Civil Defense I -, City Clerk Hagen reah the Resolution proyiding for protection of volunteer disaster service workers. Cmn. Castorena moved, secronded by Cm, Ede, that the Resolution be adopted, All ayes, Resolution adopted. Col, Hagen reported on the recent meetings of the Civil Defense group and the progress being made, stating that 3x1 Sam Diego City they were attempting to traiPl some l7,OOO workers. City. Clerk Hagen read. a letter from the State Office of Civil De- fense advising that apppval had been granted on the application for the 6 6. .. .. purizhase of a 50-gallon pumper fire truck on a matching fwd basis, in the amount of a 12,915.00, half of which would be paid bsck to the City of Carlsbad, and asking that the enclosed carbon copy of letter be signed and returned to the.m by July 30, 1953. (File Local #53-1, State #53-532, FDW CAI, F-1531.. City Clerk Hagen read a letter from the State of California Offioe of Civil Defense advising that the application for State funds for iltems - of fire equipment, amounting to $2 ,573.55 , has been approved, and asking that enclosed carbon copy of letter be signed and returned to the Office by July 30, 1953. . (File #53-2, State #53-531, E'DCQ CALa F-150) Cmn. Castorena reported that for an additional $3OO0OO a 1000-gal- lon pumper could be purchased, instead of the 750-gallon applied for, and that in discussag it with Fire Chief they felt that it would be possible to elimuate some items from the list of equipment which were not essential at this time, up to this amount, which could be applied toward securing the larger pumper, and that it would be practical to do SO. After discussion, Cm. Castorena offered a Resolution authorizing City Clerk Hagen to sign and send off both letters as requested before - July 30th. Seoonded by Cmn. Ed.e, Five ayes, no nays, Resolution carried It was suggested that a letter be sent asking whether arrangemeats could be made for the larger pumpere Bruce Smith. as City Attorney for the fiscal year 1953-54 at $300.00 per month, plus addftioQal fees for Court appearances. Cmn. Ede moved the adoption OF the Resolution employing To Bruce Smith as City Attorney, seconded by. Cmn, Chase. The question of whether the work 1oad;of City business might level off, should the litigation be settled, wa8 dis- cussed, and whether it 9pight be praotical to make the term of employment sk months at this time, but it was agreed that present intiications were that there would be no lessening of the work In the immediate future. .Five ayes, no nays, BesoXution adopted. City Clerk Hagen read a Resolution authorizing employlmwt of To The City Clerk read a Besolution authorizag the employment of Mr. H. Ha Barter as Public Works Director for six months to December 31 1953, at $350.00 per month with lo$ per mile car allowance. Cm. fide moved the adoption of the fiesolution employing 14r, Ebrter. Seconded by Cm. Castomna. Five ayes,- no nays, Besolution adopted. City Clerk Hagen read a Besolution employing Max Ewal& as Buiiding Inspectar for six months, to December 31, 1953, at $250.00 per month, with $25.00 per month car allowance. Cnm, Ede moved the adoption of the Resolukion employing Max Ewald as Building Inspector. Seconded. by Cmn. Castorema, Five ayes, no nays, Resolution carried, It was suggested . that the above resolutions authorizing employment be reviewed thirty days prior to their expiration, so that renewal could be considered .in ample time. City Attorney Smith stated that he ,had discussed with 0"elveny & Flyers the question of representing the City in the quo warranto pro- ceedings, and that they had already done considerable research on the in- corporation in oonnection with the Williams oase, and suggested that the Council adoptc:a Resolution authorizing tbeir employment, A proposed Resolution was read. The expression "reasonable feen was questioned, Comcil members feelfiag that the obligathm of tb City in the matter of fees should be stated more definitely. The City Attorney was asked about the bill nav owing O'Melveny i% Myers for services rendered in the Williams case, and stated that' no bill had been rendered but that he had had aa oral expression from one of the members of the firm that the bill now is in the neighborhood of $400.00 or $500.00, The City Attorney also pofnted out that the B8SOhtiOn merely authorizes the negot'iatag of a- contract with the attorneys. Cmn. Ede moved the adoption of the Resolution authorizing %he City to enter into a contract with O'Melveny & Myers to represent the City in the quo warranto proceedings being brought by Patterson et al. Seconded by Cmn. Castorena. Five ayes, no nays:$ Resolution adopted, Bids for servicing of po-lice and fire equipmat were agaiYl re? viewed. Police Chief Palkowski stated that he had studied the four bids carefully and classified them in the following order in regard to economy and satisfactory service:: Sousa's Shell Station; Fred McCartney's; Bell oil Company, md Carlsbad Richfield Station. After discussfon( cm4 Ede proposed a Resolution that an agreement be drawn up with Sousa s Service Station for the serSLcing of any .City equipment Five ayes, no nays, .- I+.( Resolution. adopted, . ' The insuraylce question was reviewed and discussed, Mr. Fexmel was present and stated that the City is fully covered for the time being and that he is attempting to get a readJustment on the policy and would have more bformation in a few days. The City Clerk stated that Bondy is re- newing t& policy on the fire truck, Hayor HcClellan stated he believed it to be poor 'insurance practice to have two companies covering the City liability, that he believed all phases of liability should be covered by one company. After constderable discussion, it was decided to set up a meeting for 10 A, 'M. on Wednesday, at the City Hall, asking the Bondys to attend and discuss the matter with Col, Hagen and Hayor McClellan, I Hr. Fennel expressed his personal appreciation to the Cowrci1,for the sincere and'consistent effort put Borth on bebalf of the City during its first year, and comme;hded them for their patience in the face of discouraging obstacles. Ms. Fennel brought up the question of the' traffic hazard and danger to children crossing Ocean Avenue 5x1 the block west of the Carlsbad Hotel, 3 which was previously discussed in the Counc&l meetings, and asked that; .I? some action be taken'to correct the situathn, He proposed that, some of 5 the trees be taken out and the fence set back several feet, no parking -.-+ signs erected prohibiting parking on the west side of Ocean Street, and a 5 pedestrian crossing at the gate. City Attorney Smith stated that a cross- walk cannot be authorized in a block less than 400 feet in length, The matter was discussed'at length and it was decided to refer the entire mat- ter to 'the Gity.'Clerk so that he can channel it through the various de- partmen t s, hi -4 The letter. from the State Division of Highways, regarding the, irz- elusion of a portion of Elm Avenue to the PZajor Street System, was re= viewed, Cm, Castorena moved the adoption of a Resolution along the lines suggested fn the letter, adding a portion of Zlm Avenue from Lincoln. to a point 400 west .of the freeway to the MaJor Street System, Five ayes, no nays, Resolution adopted. I Mayor McClellan swunarfzed a letter written $0 Mr. Hayler of the Division of Highways regarding the City's righ$ to salvage value of the signal on Elm Ayenue. Cmn. Chase reported that he had been advised that the Smta Fe Bail- road is very much interested in developing the proposed off-street parking area between Grand and Elm, and had a crey lookag it over. Cmn, Sutton stated thae it would be her recornmendation that the members who had served on the Parks & Recreation Advisory CommZttee be appohited to the Parks, Recreation, Beach and Tree Committee, as their experienoe and 'work on the Advisory Committee would prove of great value to the new committee. She stated that possibly one or more of the members may, not wish appointment to. a perment Commission, and suggestions were made to fill such vacancies. A suggestion was made that a member of %he clergy might be,appointed to the Commission, . . . cmn. Sutton also reported that sbe had reoeived complaints that the beach area was becomjlzg very dirty and messy and suggestionsfithat the City provide sow sort of containers where refuse could be deposited. It was decided that $$300.00 -be added to the budget for this purpose, and the sug- gestion was made that.-sonne of the servioe clubs be asked to eo-operate in cleaning up the beach. The matter of naming the portion of Highway 101 soon to be relin- quished' to the City ^was again discussed, The name "Carlsbad Boulevard" or "Carlsbad Drive" was added to the list of suggested names,. It was de- cided to set an Informal hearing for the purpose of choosing a name,, and Cm, Castorena moved that a hearing be set at 8t30 P, M, on August 4th for the naming of the portion of Highway 101 to be relinquished to the Cit: of Carlsbad, Seconded by iCm, Chase, All ayes, motion carried:. Cm'. Castorena sugge'sted that Ped zones be lengthened to '35 feet; fro] the .corner on the right side of the street, instead of the present 20 feet so that tmffio would not be obst,mcted by cars being parked too close to the ;comer. The matter was referred to the Traffic Engineer, I Cm. Ede reported that the new siren was nearly ready for operation, There being no fyrther business to come before the Council, Cm.. 6 8. Sutton moved for adJourrmment, seconded by Cm. Ede, All ayes, meetag adjourned at ll:25 Po M, v ~~""~""""""""~"00~~~~~"~ FIINUTES OF MEZTIMC) OF CARLSBAD CITY COWCI& - AuW. 1953 . Meeting was called to order at ?roo P, M, by Mayor McClellan. Present besides the Mayor were Comcflmen Sutton, Ede, Castorena, Chase, Ci.tJr Clerk bgen, Publio Works Director Barter, Clty Attorney Smith and Buildlng Inspector Ewald, Absent , none. Cmn. Castopena moved that reading of the minutes of the regular meetin$ of July 21 be waived, Seconded by Cm', Ede. All ayes , motion carried. City Clerk Hagen read the following correspondence; Letter from Division of Highways, signed by B, L, Beuijhel, stating that after review and approPal of the resolution submitted by the City of Carlsbad' requestlng approval of a certain street as an additional major city street pursuant to provisions of Section 2053 of the Streets and Highways Code, Elm Avenue from Lincoln Street to the freeway is now in- cluded in the MaJor City Street System. After this reading, Mayor Mc- Clellan suggested to Hr, Barter that he keep on file a record of all major streets in the City qnd perhaps indicate these streets on a-colored =P 0 Letter from Division of Highways, signed by J, R, Jarvis, stating that a pedestrian undercrossbg is being provided at the Chestslut Street intersection, and that this undercrossing will be provided with eight 6O-watt incandescent lamps in soffit lights and two 6,000 lumen incandesat oat lmlnafres at the ends of the undercrossing, and that it will be the City's obligation to ma3ntain these lights, and the City was there- , fore requested to make application to the Sa Diego Gas C?C Electric Com- pany for power comectioas and arrangements for payment. of electrical energy and mahntenance charges'. This letter lndim2sed copy being sent to San Diego Gas & Electric Company, Letter from San Diego Gas tk Electric Company, signed by G, P, Evans, stating that they were in receipt of a copy of the above-mentiormed letter 'from the Division of Highways and enclosing application forms for the eight 60-23at.t incandescent lamps ayld that this will be a metered service. Semice for.the two 6,000 lumen incandescent luminaires is billed on a flat rate which acludes charge for maintenance of lights, at a charge to the City of $3.55 per light per month. h order to secure the installation and service, the City was directed to request installation of the street lights and to authorize the Gas Company to bill the City for semiee. Cm, Ede moved that City Clerk Hagen be authorized to file application for such lights at the pedestrian undercrossing at Chestnut Street crossing of Freeway, Seconded by Cm, Chase, All ayes, motion carried, Letter from Division of Highways, signed by R, L, Seuthel, enclosirq copy of circular letter of June 10, 1953, from Mr. Q, To McCoy, State Highw ay Engaeer, regarding staBus of eigns left la place on portions of State Highway which have been relinquished to cities and counties, Attention called to the fact that regulatory signs left in place when highway is relinquished are without legal status unless ,oovered by - approprbte action of the local governing body. The circular letter also BEAD BY Czerk Hagen, Bothletters referred -to Traffic Engineer for handling and consultation with Chief of Polioe, with request that they re- pod their, findings back to the Council on August 18, Letter from Department of Fmmce, signed by B. H, Jacqueth, acknow- ledging receapt of c:opies of Resolution No. 53 md. advising that our ap- plication for $10,000.00 has been withdrawn and the sum has reverted to . %he City's Chapter 47 plans allocati.on account, and also stating that the assigning of $6,000 to the Sanitary District now leaves a balance of $4,000 in the City's Chapter 47 allocation accotmt, No action required.