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HomeMy WebLinkAbout1954-05-04; City Council; Minutes2: BIIImTES OF MEETING OF CARLSBAD CITY COUNCIL MaY 4, 1954 e,?& Meeting called to o%%r at 7:05 P. M, by Mayor BlicClellan. Present besides the Mayor were Cmn, Castorena, Ede, Helton, Sutton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith. The following anutes were read: (1) minutes of the meeting of April 20th, covering canvassing of votes of the April 13th election; (2) minutes of the reguilar meeting of April 20th; and (3) minutes of the ad- journed session of April 22nd. Cmn, Castorena moved that the minutes of the above-mentioned meetings be approved as read, Seconded by Cmn, Ede, All ayes, motion carpied. I City Clerk Ewald read the following correspondence:: Letter from United Pacific Insurance Company giving notice of can- cellation in 30 days of the. Bilich performance bond, and asking that re- ceipt of such notice be acknowledged., Mr. Anthony was asked whether the restoration work had been completed and stated that there are about two 'h' days' work left which the Ocenaside .Rock & Sand and Joe Apodaca would take 2 care of as soon as they have the time and the black stuff with which to z do it. City Attorney Smith stated that the City could hold Bilich on the j bond until restoration w8s complete to the statisfaction of the Public p. Works Director, and that he. did not agree with the priaciple of their serving notice of' termination. of' the bond, when, as a matter of fact, it should be the City's prerogative to notify them when pepformance was com- plete ,and cancellation of the bond could be made, The City Attorney was asked to write a letter to the bonding company advising them of the cir- cumstances, Letter from the Divisf,on of Highways enclosing three counter-parts setting out a change involving elimination of a poption of Cannon Road for. merlg indicated to be maintained by the State, from the maintenanee agree- ment, Deferred until later in the meeting. I Letter from the Controller of the State of California advising ths- amount (estivated) of Motor Vehicle License Tax accruing to the City of Carlshad for the fiscal year 1954-55, as being $32,100.00. Letter from the Gallinger Corporation urgently requesting that the ' , Ci.tg install sewers along Chestnut Avenue under a 1911 Improvement Act, since the lending agencies have indicated that they will not approve sep- tic tanks and cesspools for any additional large subdivisions, The mat- ter was discussed, 'and the City Attorney stated that there would be some question as to marketability of the bonds, in view of the present litiga- tion and Qndetermined status of the City, but that even if the bonds were found to be unmarketable, the proceedings could be initiated and then held in abeyance until such time as the bonds became inarketable. &fro Tom Gal- linger was present a.nd strongly urgedd that the Council give immediate con- sideration to,getting sewers east of the freeway, especially since sooner or later sewers will be a necessity in the area along Chestnut where the proposed high school is to be constructed, After discussion, the matter was referred to the Director of Public Works for a preliminary study re- quested of m, Phelps, who is handling the sewage disposal plant matter, to be referred back to the Gallinger people or bther interested parties who would. be willihg to go .to the property owners and ascertain the feel- 'ing toward oreating such a district, The question of probable cost was discussed and Mr. Gallinger stated I that Byrl Phelps had previously made an estimate of $28,000,00 to $30.000,( to bring the sewer to the corner of Sunnyhill and Monroe. City Attorney ,Smith stated that the procedure is that before filing notice; of intention to create the district, the Council should received a petition simed by a majority of. the property owners, to insure- that there will not be a maj- ority of property owners protesting, which would negate the proceedings, The City Attorney was ask.& to work with the Director of Public Works so that a recommendation or definite proposal may be brought to the Council, ' Letter from Byrl Phelps to Mayor McClellan stating that he had pre,? sented all papers and information to the State Pollution Board6 and that nothing further remains to be done until their requirements are set out. Copy of' letter from the State Pollution Board to Byrl Phelps stating that all interested agencies had been advised and that their recommenda- tions are now awaited, 6U. . . . City Attorney Smith stated. that he had conferred with 'O'Nlelvany & Myers recently in regard to handling 1911 proceedings on the sewage dis- posal plant, but that the man who would handle the matter w4s out of town, He stated that legal fees would probably be on the basis of 2% of the ass. essment. Letter from-the Carlsbad-Oceanside Youth Band asking authority to hold a street.dance, slanted toward the teen-agers, on Saturday afternoon of the Spring Holiday (Nay 22nd), which would necessitate blocking off half the street in front of 425 Grand Avenue. He also requested permissf( for the Band Parents Club to sell soft drinks and refreshments, Deferred until Police Chief Palkowski can be present, later in the meeting, to givr his recommendations. City Clerk Ewald announced the Institute of City Clerks to be held in Fresno, June 24th and 25th: and also the meeting of Mayors and Council- men to be held i.n Santa Barbara on June 3rd and 4th. Letter from the San Diego County Visitor's Bureau giving comparatite figures on the decline in tourist trade nationally (4%) and in San Diego County (16-17%) last year over 1952.. The bonds for City Clerk and City Treasurer were discussed. The CitJ Clerk repofted that forms had been sent for and the bonds will be written as soon as the forms can be filled out and returned, Mayor McClelfan asked that he be advised as soon as the bonds come in. The City Clerk reviewed a memorandum from the Planning Commission, dated March loth, recommending approval of final map of Terramar #4; al- so memorandum from the Commission dated March 25th, stating that it was not the intention of the Plan'ning Commission to waive the installation of curbs and gutter, the fact of their not appearing' on the final map hav- ing been overlooked.. Both tentative and' final maps of Terramar #4 were examined and disc.ussed. The issues of fire hydrants, water lines', and surfacing between curb and existing pavement were thoroughly discussed. Cmn. Sutton moved that final map of Terramar #4 be referred back 'to the subdivider for the detail of' curb and gutter work and the necessary sur- lacing,'.f~,.accordance with the tentative map and the approval of the Di- rector of Public Works, and that bond or completion of said work be requir ed, with properly located fire hydrants served by adequate water supply lines, under Ordinance #9025; and that it also be brought to the at&an- tion of the subdivider that the City will request the offering for dedi- cation as public streets Lots "A" and nBn of 'Terramar #4. Seconded by Cm Castorena, All ayes, motion carried, City Clerk Ewald read 8 memorandum from the Flaming Commission &go gesting the re-wording of Section VII-A-4 of Ordinance #go25 to require sidewalks, curbs and gutters, except that sidewalks may be waived in R- and E- zones at the discreti.on of the Planning Commission and .the City Council. The matter was discussed, and it was the opinion of the members that the right-of-way should be kept wide enough so that if necessary to install sidewalks later on, i% could be done, City Attorney Smith stated that this was brought out at the time of framing the ordinance, and it was the thinking of the committee that even though the idea of sidewalks in a given area might seem ridiculous at the time, in a few gears' time they may be imperative, The matter was deferred, with the suggestion that each member give it some study in the meantime and be prepared to offer sugges- ti ons . City Cierk Ewald read a memorandum from the Planning Commission re- commending approval of the tentative map submitted by Mrs. Olive B, Heis- ler of 3340 Adams Street, covering 12 lots situated at the southeast cor- ner of Basswood and Adam Streets, subject to the written recommendation' of the Fire Chiefe as to placement of' fire hydrants, and.to the written report of' the Public Works Director as to street grading and surfacing and drainage'provisions reasonably necessary for lot access and local neighborhood traffic and drainage' needs; that in event a final map is sub- mitted %t shall conform to Ordinance #go25 in its' entirety; and that the name of the subdivision be submitted with the final map. Also read was a memorandum from the Public works Direcitor as to drainage and street sur- facing, and a memorandum from Fire Chief Hardin recommending the install- ation of a standard 6" fire hydrant at. the southwest corner of Adams and Basswood. The map was studied and discussed. Cmn. Ede moved that the recommendation of the Planning CommsSEon on the Heisler tentative map be approved, with the added recommendations of the Public Works Director and the Chief of the Carlsbad Volunteer Fire Department; and that this "Record of Survey* be considered as'a tentative map, Seconded by Cmn. Helton. Corn, Cockrill of the 'Planning Commission explained the Commission's ac- tion in the matter, stating that due to the time element it Was necessary to act immediately on the map in this provision81 manner 02 it wotlld have < .. .2a been automatically. approved. Vote on the.motion: all ayes, motion car- ried. ., After a 15-minute recess, the Council was ,reconvened at 9:15 'P. M, Mr, Anthony submitted a supmary of the bids on.the sewer laterals, as follows: - ITEM SCHNEIDER WILLIA?dE RUBBARD ROBINSOT 1 $1.00 $1.00 $1.15 ~ $* 095 2 .85 . 80 1.15 3 95 80 ,110 *43 4 . .75 .05 . 00 .oo . 00 015 15 38 22 7.00 7.50 8.00 ' 8.00 7 8.00 8,OO 9.00 9.00 8 9,OO 9.00 10.00 10 . 00 9 1*15 1-15 85 1.10 10 1.30 1-25 1.12 1.40 11 1.60 1.50 1,66 1.60 1. 2 v 0 Ur. Anthony stated that the bids just Bbout balance out over-all. The fi- 5 gures were studied. Cmn. Helton moved that the Council accept the bid of Leo Williams, and authorize the City Attorney to prepare an agreement for 3 execution by the City and Mr. Williams, $ad that the proper City officialf =t be authorized to edecute the agreement u;pon its approval by the public Works Direotor. Seconded by cmn. Ede. All ayes, motion carried, Mr. Anthony was asked whether there was anything to report in the mstter of estimates on the construction of the fire and police station, 'and stated that there were some estimates in but he was not ready to .sub- mit anyting to the Council as get. It was decided .that. when the estimate! are ready a special meeting could be held to consider the figures, if nec. essary. the cross-walks, etc . , on Carlsbad Boulevard, the besch crossings, and other impostant crossings throughout the.City. The progress on .the dedication of the 15' strip on the south side Mr. Anthony reported that Mr. Simmons is refreshing the striping on I of Grand Avenue was, di,scussed, and it was reported that with the exeption of one signature, the blanket deed is in proper form, . . The question of revising the street numbering in hens Vista Gar- dens since the dedication of the street now called Buena Vfsta Circles was d&'scuased, but the matter was left to the discretion of the Public Works Directbr, Report of the Carlsbad Volunteer Fire Department for April was read, listing two fires (1 structurel, 1 pile of redwood) and equipment receivec 1 GMC 1000-gallon pumper. Copies of the .proposed budget of the Fir-e Department were passed to members for study. City -Clerk Ewald read 8 letter from the Albro Fire Equipment Company enclosing revised bill correcting error in previous billing, due to their faflure to deduct the $200.00 item representing the saving .made by direct purchase of the chassis from the manufacturer, Chief Hardin explained thi the saving was actually about $61.00 less than the $200.00 due to the ad- dition of. carrying charges, etc. Cmn. Castorena. moved that the bill sub- mitted by the Albro Fire Equipment Company for $13,613.69 be paid, Seconc ed by Cmn. Ede, All ayes, motion carried, I Cmn. Castorena read quotations fr.om three equipment manufacturers on cotton hose to equip the new truck, as follows: John F. Wardlow Albro Fire Equip, Co. 1 0.98 .69 American Rubber Mf g . 1.035 ,645 . . . . *2$ 30 days %EIF " 500' LA" all on the basis of December billing. Chief Hardin explained that these prhes cover the cheapest grade that the Underwriters will recognize. He stated that a quantity of hose displayed at the Firemen's Convention had become grass-stained and was being offered at the greatly reduced of $1.5 per foot. The possibility of purchasing this hose was discussed but it was decided that the cheaper grade would serve all practical urposes. Cmn. Castorena moved that the City Clerk be empowered to purc % as8 1000 :62 feet of 23 cotton hose, eccardlng .ta the. .specifications submitted by 'the same company, as priced 'in. their htter.; and. that the bill be paid from the contingent8 budgeted reserve from the General Fund of the monies of the City of Carlsbad on December 11954) billing, 276 30 days, Seconded by Cmn, Sutton, All ayes, motion carried, Cmn, Castorena explained that this item was included in the proposed 1954-55 budget and can now be eliminated from the proposed budget, Mayor McClellan commented that expenditures for the Fire Department are paying off$ in materially reduced rates to residents and also in re- duction of fire losses. project statement for allocation of gas tax improvement funds, from the Division of-mHighways, was read and discussed, It was noted'that the statement requires the signature of either the Mayor.or Councilman in charge of Public Works, and Cmn.. Ede moved that Cmn. Helton be authorized to sign the Project Statement from the Division of Highways on behalf of the City, Seconded by Cmn. Sutton. All ayes, motion carried, as follows: City Clerk Ewald read the report of the Police Department for April, Arrests - d - - - - - - ..) - 3 Accidents - - - - - - - - - 9 Traffic Citations - 0,- - -65 General Cases - - - - - - -59 Cmn, Castorena reported that Bdr. E. G, Kentner had offered to allow storage of. the OCD truck, when it arrives, in his garage under the Win Inns; and that Helms Bakeries are storing the other new truck temporarily, He also reported that he had talked with the PoItice Chief during the re- cess regarding the request of the Carlsbad-Oceanside Youth band to barri- cade half the street in front of 425 Grand to hold a dance .on Saturday afternoon, May 22nd, and that the Chief had stated he had no objection so long as no more than half the street is blocked off, but that the Po- lice Department has no jurisdiction over the selling of soft drinks as re- quested. AfteP discussion, Can. Ede moved that the City Council extend to the Youth Band permissi.on to block off half of the street for the pur- pose of holding a street dance, and to sell soft drinks, on the after- noon of May 22nd, Seconded by Cmn. Castorena. All ayes, motion Carried, The City Clerk was asked to clear the matter with Mr. Christiansen, Spring Holiday Chairman. incne which would require all felons coming in or being released into the area to report to the Police Department for registrati.on and finger- printing. He stated it was his understanding that some cities have such an ordinance, The City Attorney stated that he felt this would be a .very touchy subject but he will look into it thoroughly, Cmn. Castorena proposed that the Council consider adoption of an Ord- Cmn, Ed8 moved that the City Council go on record as commending Cmn. Castorena for the extra duty performed as acting Police Chief during the absence of Chief Palkowski. Seconded by Cmn. Suttoa, Four ayes, no nays, Cmn, Castorena abstaining, motion carried , Mayor McClellan stated that a request had come in from the Clerk of the Munici a1 Court for copies of City ordinances, since they have only #3001 and i$6010 , ' The City Clerk was asked to furnish same if available, City Attorney requested that he be furnished with copies of all Af- fidavits of Publication for his files. He stated these were for informa- tion only and need not be sworn statements, Cmn. Ede reported that he had conferred with the City Treasurer on having someone help with his work, but that he feels that since he is bonded for this purpose, he should do the work; and that he is opposed to boning sngone else to do the work, City Clerk Ewald read a bill from S. J, Goodwin, trash collector, for $102.00, for April collection service, and suggested that,it might be time review his contract of employment. The City Clerk also made the fol- lowing recommendations: (1) that a route system for correspondence be set up; (2) that a half-time office worker be secured; (3) have Mrs. Ver- milyea bonded to handle treasurer's collections; and (6) secure as soon as possible the services of some firm to go thrqugh the files and set up a permanent filing system for the official records. It was brought out that Remington-Rand is at present working out a filing system for the water Company, cmn, Castorena stated that this company has an agent in '2 Vista, and the City Clerk was asked to check with him by phone or letter, On the plan to secure a part-time worker, the City Clerk was asked to con. fer with Cmn. Ede to see what can be worked out. Proposed Ordinance #5007, adopting by reference County ,Ordinance #1378 (No So) permitting the dispensing of bulk milk and other foods by autbrnatic dispenser, was summariz&d, Cmn, Ede moved that first readzng of proposed Ordinance #5007 be waived, and that such waiver constitute fist reading, Seconded by Cmn. Castorena, Five ayes, no nays, none ab- sent, motion carried, Referring back to the letter from the Division of Highways regard- ing the elimination of Cannon Road from the maintenance agreement;, it was decided to refer the matter to the City Attorney for the preparation of a proper resolution, to be ready by the next meeting of the C.ounci1. Council member, studied and discussed, Copies of the financial statement for May 1, 1954, were passed to There being no further business to come before the Comcil, Cmn, Sutton moved for adjournment, seconded by Cm. Helton. All.ages, meeting :g adjourned at 11:lO P. M. .? . )i ,' .+ ..4 -, .J .I . "4 . .%. w gv Respectfully submitted, n %Q.U, MX 0. 'EWALD, City Clerk """""-~~""""-~~"""-~"""""-~""""""-""""""~- TEJNUTES OF EETIIVG 'OF CARLSBAD CITY COUNCIL lday 18, 1954 Meeting called to order at ?:OS P. M. be Eayor McClellan, Present besides the Mayor were Cmn, Ede, Castoreria, button, Helton, City Clerk Ewald, Public Works, Director Anthony, .City Attorney Smith.. Rev. Zimrnerman of the Gospel Tabernacle opened the meeting with a short prayer, . Cmn. Sutton moved that reading of the minutes be waived, and approv- ed as written, Seconded by Cmn, Caatorena. All ayes, motion carried, using an IBM billing machine Service for sending out statements on the sewer bond installments, at a total'cost of $247,211. over the next four years. He was asked how this compered with the cost of having the County do the work and stated that the County is not willing to do it, Cmn. Ede moved that the City Treasurer be authorized to arrange with the IB& pea- le to set up the billing on the Sanitary Distriqt bonds at a cost of, 247.00 to the City, and that this expenditure be authorized from the Gen- eral Sanitary fund, Seconded by Cmn. Helton. All ayes, motion carried, City Clerk Ewald read a letter from the City Treasurer recommending f3 Letter improvement, of Hi ghwa ys , from Byrl Phelps to Idre Anthony, regarding the Elm Avenue stating that he had talked with Mr. Beuthel of the Division who stated that it will be approximately two weeks before the necessary agreements are received back from Sacramento so that the project can be gone over on the ground.. Mr. Anthony stated that Kr, Phelps had set the 7th of June for 8 meeting in Carlsbad to discuss this project , Letter from Divfsion of Highways atta.ching tabulation showing appor- tionment of April quarterly payment of gas tax allocation ($4,817.92); also statement of gas tax revenue apportioned to Cities in District XI ($28,651.60) The City Clerk reported that check for the $4817.92 has been received since the first of the month, Letter from the County of San Diego to Mayor IdeClellan, enclosing copy of Ordinance #1387 requiring .food handlers to take physical examin- ations, and advising that a Resolution will be forwarded so that this can be incorporated into the health services that the County performs for the City, Deferred until later in the meeting,