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HomeMy WebLinkAbout1954-02-16; City Council; Minutes23 might be a potential. hazard. .to children, The matter was discussed brief- ly but no action was taken. C, G, Kentner drew the Counc.il!s. a.ttention. t.9. nuMerous. trees on Wash. ington Avenue which are creating a .ha.zar.dous condition and should be re- moved, and.offered the use of his *catH to Hr. Apodaca for this work. He was advised that the Parks, Recreation, Beach.and Tree Comhsion has authority to grant permission for removal of trees. He also reported that the sign on the left hand side of Elm Avenue at the entrance to the freeway faces east, away from the traffic, Sutton moved for adjournment, seconded by Cmn, Castorena . A13 ayes, meeting adjourned at' 11:20 P. BIZ. There being no furlther business' to oome before the Council, Cm. I Respectfully submitted t GV 'J x2 ' "I" "" ""I "" "0""" 0""- ""-L"" ""-0 """""""e "" "-0- D *:v4 u .% .I( MINUTES OF MEETING OF CARLSBAD CITY COUNCIL 27 rjt February 16, 1954 Meeting called to order at %:05 P. M. by Mayor McClellan. Present . besides the Mayor were Councilmen Castorena, Ede, Chase, Sutton, City Clerk Hegen, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski, Cmn, Ede moved that reading of the minutes of the meeting of Feb- ruary 2nd be waived, Seconded by c'mn, Castorena. All ayes, motion car- ried 0 I The fodlowing correspondence was read: Letter from the Office of CivSl Defense, advising that Carlsbad has been duly certified into the California Disaster Council, Letter from John T, Scoble complaining that recent rains had caused a deep ditch in the street in front of his property at 4050 Park Avenue, . ' . -.and advising that he will not assume any liability for any damages re- . , sulting therefrom, Letter from the Chief Administrative Office of the County of San Die go asking for a reply to their letter requesthg a statement of the Cityt attitude with respect to a revised definition of food handlers, After a brief discuss&m, Cmn, Sutton moved that the City Administrator be in- structed to contact Mr; Heggland, advising of the Council's approval of the revised definition and presumably of the revised ordinanee regarding . food handlers, Letter from the office of the Assessor acknowledging receipt of the Bhree Tax Code Area district descriptions, covering the Sanitary District Sanitary District Maintenance District, and the Terramar Lighting Distric Letter from Mr. I?. E, Johnson of Ventura, ,asking about the possibi- lity of securing boating concessions on the Agua Hedionda lagoon, quotine from a letter received from the Saa Diego Gas & Electric Company refer- ring .him tb -the City of Carlsbad. Letter from the Division .of Highways to Hayor HcClellan, concerning proposed relinquishment of Pi0 Pic0 Drive, stating tbat they are recom- mending that the. relinquishment include the small strfp along Elm Avenue delineated in brown on the map but not described in thbir former letter, I The City C.lerk reported that Mr. Gehringer had called on the road station lease matter and advised that the next move would have to come from the City, as the Su$ervisors would do nothing further. Referred to the Parks, Recreation, Beach and Tree Commission. c'mn. Sutton reported briefly on the progress made in the boat har- bor matter, stating 'that she planned to attend a meeting in Los Angeles Wednesday. for Southern California, and that there would be a meeting of the Cloyed Committee fur San Diego County on February 23rd. Z;Jb Cmn, Ede submitted for the. consideration of the Council a proposal to increase the salary of the Deputy City .Clerk $25.00 per month, s&td increase to begin March lst, and..endiag June 90th. Cmn. Castorena moved the adoption of a Resolution. granting. an. increase in salary of #25,00 per month, to Natalie Vemnilyea, beginning March lst, to June 3Oth, 1954, increasing her salary from $200.00 to $225.00 per moath. Seconded b.y Cmn, Sutton, All ayes, no nays, Resolution adop*ed, for $25&.OO for his services and mileage in connection with Sanitary Dis- trict sewer assessment collections. TheEe was some discussion as to whe- ther this amount should be paid in a lump sum, or divided into monthly payments for the balance of the fiscal year. After discussion, Cmn. Ede moved the adoption of a Resolution authorizing the payment of $754.00 to the City Treasurer from the Sanitary District funds, for special work done in connection with sewer assessment collections and.mileage, in ac- cordance with the bill tendered. Seconded by Cmn. Chase. Five ayes, no nays, Resolution adopted. It was understood that the monthly salary of the City Treasurer be left at $35.00 per month, but that if, between now and June 3Oth, it becomes necessary for him to do extra work, he is to keep a recrord of the hours, Cmn, Ede reported that City Treasurer Roy Pace had submitted a bi.11 Mr. Anthony, reporting on the Scoble drainage matter, stated that within three hours after receiving Mr, Scoble's phone call the culvert was in, but that it was only a temporary solution. Hr. Anthony stated that MI?, Barter had gotten 8 bid of 9B6200.00 to accomplish the drainage, but that he felt it could be done considerably cheaper and would like to have a little more time on the matter to see if he can get it done more economically. Cmn. Chase stated that Mr. Anthony, Joe Apodaca and he had taken a cruise around over the area and agreed that this problem should receive first consideratioh. Mrs. Sonneman asked that immediate steps be taken to correct the bad situation on Walnut between 101 and Garfield, adjoining Biefhl's property, Ur, Anthony stated that this matter is on the agenda for early attention, Cmn, Chase stated that in his opinion the ultimate answer to all these problems is a master dralnage plan or map. The letter from the Gallinger Corporation requesting that inspec- tions on septic tanks and cesspools be transferred to the County Health Departmenst was reviewed. Mr. Tom Gallinger was present and explained I that the Federal Housing Administration and Vsterans' Administration are inflexible in their insistence on County Health Department approval on all individual sewage disposal units and have stated that they wpill dfi# d#$fb /d plfz j!#jfj! not approve any new tracts unless they have the County's approval before the plans are recorded, Mayor McClellan stated that he had talked with Hr, Slater, and they agreed to nake this one group inspec'= tion to meet the present condition, but that they will& not continue to do so for individual cases, It was pointed out that the contract between the City and'County Health Department is an open-end contract .under which the City could use any or all of the Courjty servioes.' It was' suggested that a meeting be called of all licensed contractors, 'to take place before the next Coun&il meeting, to be conducted by.Cmn. Chase and Mr. Anthony, and that a YepTesentative of the Couhtg Health .Department be invited to be present. Cmn, Ede moved that the licensed contractors be notified of a meeting, at a time and place to be determined by Cmn, Chase, to discuss the question of whether septic tank inspections should be transferred to the Counth, inviting a representative of the County Health- Department to be present. Seconded by Cmn, Chase. All ayes, motion carried, Second reading was gived proposed Ordinance 9034, changing zone of portions of Tracts 201 and 202, Thum Lands, from R-2 to R-3. Cmn, Cas- torena moved the adoption of Ordinance.9034. Seconded by Cmn. Sutton. Five ayes, no nays, Ordinance adopted. Second reading was given proposed Ordlnanoe 9031, amending Ordinance 9005, requiring special use permit for erection of advertising signs in : 'any zone. Cmn. Ede moved the adoption of Ordinance 9031. 'Seconded by Cmn, Chase, Four ayes, one nay (Sutton), Ordinance adopted, 1% was pointed out that the many amendments to Ordinance 9005 points up the need for an entire revision of the zoning ordinance, I Proposed Resolution No. 95,' giving notice of eleceion, WBS read. Cm, Ede moved the adoption of the Resolution setting up polling places and gfving other information on the forblbcoming municipal election. Se- conded by Cmn. Castorena, All ayes, Resolution adopted, It was agreed thai if additional clerical help is needed in the .City office to take care of the election'work, it should be secured, Mayor EdcClellan reported tha't the City Engineer of Oceanside had tel- ,2 3 ephoned him that the Army Engineers.of. Wa-shirrgton are to be in Oceanside on Wednesday for a meeting at the City Hall at 10:15 A. M. The subject to be discussed is erosion, and 'he suggested that cSnyone from the City of Carlsbad who would be interested .in attending this meeting would be we: come to attend, He stated that. the .Chamher. of Commerce had been notified It was suggested that some members of the Harbor Committee oould possibly at tend 'Mayor McClellqn reported that Mrs. Houston, owner of the site select. ed for the future Civic Center, had been willing to give a deed to the Ci- for Qk~500.00, without the necessity of going through ascrow, &present- ing a saving to the City and seller of about $30.00 or so* A letter sign! by Mrs. Houston, authorizing the City to go ahead'and record the deed, WB; read, It was noted that the taxes are paid in full, and if the deed is recorded before the first Monday in March the property will not &e assess- ed; otherwise it will be assessed and the City will have to make applida- tion for exemption, Cmn, Ede moved the adoption of a Resolution authori- zing and instructing the City Clerk to pay to Mrs. Alice So Houston, $350l plus any real estate charges, for the purchase of the property on Pi0 Pic( Drive selected as a civic center site. Seconded by hm, Castorena, Five ayes, no nays, ResBlution adopted. I x? 34 I ?e .\ *' &+' .?q .=/ e I' I The Mayor stated that he had made an inquiry of Er. George Nelson, a. architect living in South Oceanside who formerly resided in Carlsbad, and vho is doing some of this kind of work, asking Mr. Nelson if he would be willing to do an architect?^ study of the entire site, and estimate what it atotild oost the City to develop it, etc,, and Mr. Nelson stated that if he were provided. with topography he would do the site study and make a sketdh, Or, fP the Counc.il would like to have him draw plans for the sta- tion itself, he would do it for $75.00. The Bayor also reported that he had dropped into the office of an architect in San Diego, in the .Land Ti; tle Building, who planned the fire station in National City, the police station in Coronado, and considerable school work, but that there would b -no use talking to him except on the bas.is of the conventional architect's fee, He said that the National City job, a conventional type fZre statio is being erected at a cost of about $8.70 per square foot. 1% was sugges ed that the Builders' Committee be organized, which would confer with the Fire Department and the Police Department as to plans. Cmn. Chase, Ede and Castorna offered to assist with this Committee, Cmn, Chase moved tha the Site Committee Chaiman (Cmn. Ede,) be appointed by the Council to ac as chaimnan of the Wivib Building Committee* to obtain the necessary pla for the .new fire station, with authority to name such assistants as he ma wish, either within or out of the Council, Seconded by Cmn,'Cestorena. All ayes, motion carried. Cmn. Ede stated he would like to name Fire Chief Hardin, Police Chief Palkowski, Public Works Director Anthony, Cmn. Castorena, and a representative or the Plaru@ng Commission to assist him on this committee, .. Proposed Ordinance 3010, prohibiting the discharge of firearms withi the City limits, was summarized. Cmn. Ede moved that first reading of proposed Ordinance 3010 be waived, and that such waiver consitute first reading, AIL ayes, inotion carried, , . After a 15-minute recess, 'the Conncil was reconvehed at 9:20 P. M. Cmn, Chase reported as follows: (1) that Bbr,. 'Bilich is returning next week to make permanent repairs.on the streets; (2) that State Street is,'ready for opening as soon as the signs have been posted; and (3) that work is progressing on Tyler Street. He stated that Mr. Anthony would%%$ like to have a decomposed granite pit for making up road mix, as he felt he could save some money. On the matter of the. transit, Cmn. Chase state he was still interested in securing one but felt that the matter could wa Mayor McClellan suggested that the instrument belonging to Joe Apodaca, r paired at'a cost of $44.00 to the .City, should be sent back to Rodney Sto for additional service since it does not work properly. Mr. Anthony reported that the Sanitary Board has been paying Bruce K, Land of Encinitas $lOO,OO every three months to take care of the dispa sal plant, but:that he felt it would be more practical to turn- this work over to a local, man, who would be here on the ground in case of trouble, etc. He also stated that bout Anderson & Robinson and Leo Williams would like to bid on the sewer lateral work, and that he felt better results would be obtained if all the sewer lateral work is done by one contractor who would be completely responsible.for all connections. The City Attor- ney was asked whether.it would .be proper or necessary to ask for bids, and as to what period the City could contract, He stated it might be we3 to call for bids on the sewer connection work and give the contractors aL: opportunity to submit sealed bids, but$ilat bids need no$ be invited on t disposal plant care. Cmn, Chase moved that the City Bf j?!$f)!fi$&f Clefrk be 38 authorized to. advertise for bids.on: .a fo.rm..agreed on b the City Attorney, City Clerk and Director of Public.. Works.. Seconded by E mn. Ede. Cmn. Chase suggested that Oceanside be contacted :to .find .out their method of handling this situation, scale. of. charges,. etc., and. Mr. Anthony was given a copy ' of their ordinance for his study, .Vote. on. the motion; All ayes, motion . carried , Cm. Sutton reported that there is a bad place in the sidewalk at the southeast corner of State and Grand Avenue where the sidewalk pro- trudes lh inches and is a potential danger. The City'Clerk stated that he spoke to Paul1 Evans about the dead tree on Washington & Beech, and-that he stated he would get his crew to take off the one dead limb which endangers their high voltage line. 1 I Mr. .Anthony, reporting on the widening of Ocean Avenue back of the 1 hotel by clearing tsees in the right-of-way, stated that he had talked to Hr, Westree, gardner at the hotel, about the situation, who stated that they would like to co-bperate but didntt have much money to spend on the probect. ' It was agreed that the three palpss should be left, for their beauty. The City Clerk was asked whether the declaration ,of restrictions to accompany the fiaa.1 map of ,TIERRA DEL OR0 ha4 been filed, and stated that he did not except that Mr. Andrews had stated the morning he was in the office that he would file the declaration simultaneously with the nap. Mayor McClellan brought up the .question of whether the practice of the Council of waiving the reading 6f the minutes, withouta approving them, was correct procedure, The' City Attorney stated that he knew of no law requiring the speciS$c approval of the minutes. Mayor McClellan stated he felt that to assure their being the official record of the ac- tions- of the Council, they should be specifically approved, citing the case of a meeting of the Municipal Water District where the practice of waiving the reading of the-minutes had been questioned. He asked that the City Attorney give the Council sone guidance on this as a:. matter of policy. A telephone call was received from Charles Trygg, reporting that the Municipal Water District election carried 3-1 in Vista and 7-1 in Escon- am today. Fire Chief EaPdin was asked whether the fire hydrants were installed in %he subdivision and stated that Don Hubbard is putting them in, but that they had not yet been installed on Thursday. Mayor McClallan stated it was his understanding that the Council. took action on the final map with the understanding that all improvements wefe completed, and questioned- the position of the City in case the hydrants were not installed, The City Attorney stated that the bond covers improvements on the Record of Sur- vey only, and the City mag not have the right to require fire hydrants, The bond and agreement were studied, and the Record of Survey map examined After discussion, Cmn. Chase moved the adoption of proposed Resolution #94 Seconded by Cmn. Ede. All ayes, motion carried, Proposed Resolution #94, releasing bond on TIERRA DEL ORD, was read, The Bilich bond was discussed, but no action taken at this.time. The Mayor stated he believed the City should have a written report by the Director of Public Works that all the work has been completed, before re- leasing the bond. City Attorney Smith expressed dissatisfaction with the form of the bond and suggested that hereafter all bonds come through 'his office, and it was agreed that this should be done. It was also agreed that on cutting Carlsbad Boulevard for the dredging and for the p&@eline for TIERRA DEL ORO, either a cash bond or a surety bond should be re- quired. Second reading was given proposed Ordinance 8020, regulating and pro- viding structural requirements on signs. There were.two additions sugges- ted to Section 14, as follows: It (9) Signs relating to non-profitable projects affect- ing community welfa&e, morals or public safety, providing that a permit be first obtained from the Building Inspector." n (lo) Christmas decorations, erected by the City or any local civic service organization." The suggestion was made that in all Copies Of the Building Code there shou 23 be pasted a reference indicating that Ordinance # 8020 covers require- ments for canopies (also covered in the BuUding Code.) Cmn. Chase moved . the adoption of proposed Ordinance 8020.with.the insertion in Section 14 of Paragraphs 9 and 10, Seconded bp Cmn. Castorena, Five ayes, no nays, Ordinance adopted. Mayor McClellan proposed that Resolution #92 approving the formation of the Municipal PJater District, be published, Mr.s, Sutton was'asked to confer with the City Attorney as to wording of the Resolution. Col. Hagen reported that at the Water Company meeting a motion was ii assed &-1 to underwrite $1000,00 for. the realty tax certificate and 1000.00 toward ,payment of costs to put .the proposition to the pebple. The suggestion was made that the Council authorize some Individual to publish a statement correcting some of' the inaccuracies recently print- ed. by opposition groups, especially in connection with sources of the City's income. Cmn, Chase moved that the Mayor be authorized to set fort1 the facts about the water and any other misstatements relating to City operation, Seconded by Cmn. Sutton, All ayes, motion carried. ';.. ,? The question of employment of associate coussel for the appeal in : _I .. /., . the Patterso suit was discussed, The City Attorney suggested that since ,. .\, .;: there is no particular urgency the matter could possibly await word from _. ." '. O'Nelveny 8c Myers regarding revision of their fees. He stated he under- .'..: stood that if a strong representation is made .that this is a matter of .-*. urgency, affecting the health and safety of the people, it could be heard by the Supreme Court without first going through the Court of Appeals. Cmn. Ede moved that the proper steps be taken by the City Attorney to have the Supreme Court hear the Patterson case directly and 'at the ear- liest possible moment. Seconded by Cmn, Sutton, A11 ayes, notion carried , . .%' Cmn. Sutton stated that she is sailing, for a trip to India on the 3rd of March, but intends to attend the Council meeting of March 2nd, There being no further business to come .before the Council, Cmn. Chase' moved for adjournment, seconded by Cmn, Castorena, All ayes, meet- ing adjourned at ll:l5 Po bl. Respectfully submitted, GV """"""~"-I""-""""""""~""""""o~"""""~"""~ MINUTES OF MEETING OF CARmBAD CITY COUNCIL ' Narch 2, 1954 Meeting called to order at 7:05 P, M. by Mayor McClellan. Pre- sent besides the Mayor were Coiuzcflmen Castorena, Ede, Chase (8::OO P. M. ' City Clerk Hagen, Public Works Director Anthony. Reverend Re D. Broken- shire offered an invocation to open the meeting, Cmn, Castorena moved, seconded by Cmn. Ede, that reading of the min. Utes of the meeting of February 16th be waived. All ayes, motion carriec Monthly report of the "Polioe Department was read, as follows: ar- The City Clerk read 4% a letter from the Registrar of Voters, en- closing three copies of proposed Resolution requesting the Board of Sup: irisors of the County of San Diego to permit the Registrar of Voters to render specified services to the City of Carfsbad relating to the conduc. of' the general municipal election (imprinting names and addresses of the registered voters on labels for mailing). The' resolution also provided for compensation at an estimated cost of $12.00 to the City. The City Clerk read the resolution, and Crnn, Ede moved its sdoption. Seconded by Cmn. Castorena, All ayes, motion carried, rests, 6; accidents, 10; traffic citations issued, 73; general cases, 60, The City .Clerk read an additional bill from the City Treasurer for work don8 during February on the Sanitary sewer assessments, covering 105 hours @ $2.00 per hour. After discussion, Cmn. Ede moved the adop- tion of a resolution authorizing the compensation of the City Treasurer in the amount of $210,00 for services in connection with the Sanitary District bonds during the month of Tebruary, Seconded by cmn. Castorena All ayes, motion carried.