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HomeMy WebLinkAbout1954-05-18; City Council; Minutes."a 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- fez with Cmn, Ede to see what can be worked out, Proposed Ordinance #5007, adopting by reference County ,Ordinance #1378 (N, S.) permitting the dispensing of bulk milk arid other foods by autbmatic dispenser, was sumariz8d, Cmn. Ede moved that first read3ng of proposed Ordinance #5007 be waived, and that such waiver constitute fist reading, . Seconded by Gmn. 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.ounc3.1, I Copies of the. financial statement for May 1, 1954, we~8 passed to Council member, studied and discussed, There being no further business to come before the Council, Cmn, Sutton moved for adjournment, seconded by Cmn. Helton, All.ages, meeting ;q adjourned at 11:lO P. M. @+ Respectfully submitted, ff .3 ec rq 1 d Nv #3v MAX ?/.-cQ*&,' 0. EWALD, C1 ty Clerk "l"-"-~""""""~~"*~~""""""""""""~""""~"~""-~- .i\ &lINuTES OF IkBETING 'OF CARLSBAD CITY COUNCIL May 18; 1954 I Meeting called to order at 7:05 P. M, b Mayor NcClellan. Present besides the Mayor were Cm. Ede, Castoreria, B utton, Xelton, City Clerk Ewald, Public Works, Direotor Anthony, ,City Attorney Smith .. Rev. Zimerman of the Gospel Tabernacle opened the meeting with a short prayer, . Cmn. Sutton moved that reading of the mfnutes be waived, and approv- ed as written, Seconded by Cmn, Castorena. , All ayes, motion carried. I City Clerk Ewald read a letter from the City Treasurer recommending using an IBM billing machine s'ervice for sending out statements on the sewer bond installments, at a total'cost of $24'7.24 over the next four gears.. He was asked 'how. this compared with the cost of having the County do the work and stated that the County is not willing to do it. Cma. Ede moved that the City Treasurer be authorized to arrange with the IBbl peo- le to set up the billing on the Sanitary Distr1c.t bonds at a cost of, 247.00 to the City, and that this expenditure be authorized from the Gem era1 Sanitary fund, Seconded by Cmn. Xelton, All ayes, motion carried, 8 Letter from Byrl Phelps to Mr. Anthony, regarding the Elm Avenue improvement, stating that he had talked with Mr. Beuthel of, the Division of Highways, 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 Mr. Phelps had set the 7th of June for a meeting in Carlsbad to discuss this project. tlonment.of April quarterly payment of gas tax allocation ($4,817,92) ;. also statement of gas tax revenue apportioned to Cities in District XI ($20,651.60) The City Clerk Pepmted that check for the $4817,92 has been received since the first of the month. Letter from Division of Righways attaching tabulation showing appor- Letter from the County of San Diego to Mayor McClellan, enclosing copy of Ordinance #1387 requiring food handlers to take physical examin- ations, and advising that a Resolution will be fopwarded so that this can be incorporated into the health services that the County performs for the City. Deferred until later in the meeting. ,64 Letter from Civil Defense about setting up 8 testing date for sirens and horns, at 10 A. M. on the tollos9ing date.s: May 31st, June 28th, July 26th, August 30th, September-.27th, Ockober .25th. Mayor Mcclellan explain the "thin-outn plan whereby Carlsbad's part would undoubtedly be to recei evacuees from other cities. Deferred until later in the meeting. Anonymous card complaining that lig&ts on the freeway in Carlsbad ar turned on earlier and remain on longer. than those in Oceanside, resulting in waste of money, and asking that the situation be corrected if possible City Clerk Ewald reported that he had checked with Mr. Ratcliff of the San Diego Gas & Elect2kc Company and found that the lights were on a Pho- to-electric cell, regulated by light rays, and those in South Oceanside are on a time clock which may be manually regulated; and that hlr. Batclif: stated he would try to get them synchronized. Letter signed by Mrs. J. Raven Barter and Mrs, Jane C. Burdick, pro- testing removal of trees on Elm Avenue for the surpose -of widening the street, Mrs. Burdick was present and was advised that a meeting with the engineer was set up for June 7th and .their letter .would be held until tha: time, .as nothing could be done until the engineering is completed and a report made. Mrs.. Burdick asked whether any investigation had been made to determine whether the street can be improved without destroying the trees, and was assured that there had been and that &very possibility would be explored, City Clerk Ewald reported that.Blir. Miller of the Remington-Rand Com- pany had called, in response to our written request, and after a check of the files and records had recommended the purchase of a safe-file for storing permanent records, and also setting up their Tqlibrary systemn of Tiling, which is a simple but very comprehensive and expandable method. Mr. Ewald stated that the c0s.t of the safe-file is $286.15, and Cmn. Cas- torena commen6ed that Remington-Rand has discontinued giving discounts to Citie.s, while some other firms are still d.oing so. Mayor McClallan sug- gested the possibility of micro-filmin important documents be explored, It was agreed that the City Clerk and t? mn. Castorem should get together and investigate-prices, etc., on this type of equipment, and that the mat- ter be deferred while all possibili'ties are being explored. Mayor McClellan reviewed the efforts of the Cities of the county of San Diego to work out a uniform business license tax on firms not having 1 a place of business within the city. A letter was read requesting that each Council consider the matter and indicate whether they will. join in a uniform business license ordinance such as proposed (providing for a tax of $3OiOO per business, plus $3,OO each for persons employed in the City). It was pointed out that this tax would be about three times our present fee. The City Attorney defined ?doing Businessfl in a City as con- ducting a regular and frequent business over a period of time, for exam- ple, once a week over a quarterly period. Mayor NcClellan commented that he be1ieve.d the trade associations would co-operate in such a plan. Cm. Ede moved that the Council go on reclord as favozing the uniform wholesale license tax ordinance as proposed by the County. Seconded by Cmn.. Castor- ena, All. ayes, motion carried. The City Clerk was asked to write, a lette to Mr. Earnest of the League of California Cities, San Diego County Divisi indioating that the plan had been approved by the Council. Mr. Anthony was asked about progress on the Terramar Unit #4 map mat- ter and stated that he had not gotten the map back to Mr. Anarews but woulc do so immediately. The matter of release of the Bilich bond was discussed. Mr. Anthony stated that the street repair work had been completed and the bond could be released. City Attorney Smith reported that he had written the bonding company, advising them that the work. would be completed in a few days and that the bona could then be released. Seconded by Cmn. Ede, after Cmn. Sutton had moved that the Bilich performance bond for resurfacing the e% streets resulting from the sewer lateral construction, be released, Se- conded by Cmn. Ede. All ayes, motion carried, The City Clerk was asked to write United Pacific Insurance Company to this effect. The City Clerk read proposed Resolution #I15 eliminating Cannon Road from the State-maintained system. lyiaps showing the change were examined, Cmn. Castorem noved the adoption of Proposed Resolution #115. Seconded by Crnn. Sutton. All ayes, motion carried'. The City Clerk was asked to return the maps and three copies of the Resolution to the Divishn of Hi ghwa ys . . The proposed contract betweeq Leo Williams and the City of Carlabad, providing for construction of. sewer laterals, was studied. After Some ais- cussion, it was decided to make %he following changes in the contract: I x! kt3 qL.4 < '3 d I I 2. t (1) that the minimum charge speoified in the contract be eliminated en- tirely; (2) to change the wording.so that sewer connections may be made on the railroad right-of-way, rather than just on the nstreetsn; (3) thal a 'performance bond of $5000.00 be required; and (k) that the term of the contract be changed to two years, with preivilege of cancellation upon thirty days' notice by either party, except that the contract may not be. cancelled within the first six months. ,., After a 15-minute recess, the Council was reconvened at 9:20 P. E. The City Clerk was asked about the bonds for himself and the City Treasurer and stated that tgey have not as yet been delivered. He was asked to make a report when they are received and to refer them to the City Attorney for examination. ." Mr. Anthony asked about progress on the plans .for the Fire and Polict Station and stated that extimates had been received on the electrical,. plumbing and concaete work, and that one general contractor had offered to submit a bid on the regular basis and then refund to the City a very large percentage of their profit. Cmn. Helton ,stated that he had had a number of protests from contractors against having the Fire Department build the building, as they feel it is not good business; khat if the City cannot afford to build the building it should be postponed for the time being. After descussion, it was decided to set up a meeting between the building committee and the contractors and see what can be worked out,. It was agreed that Cmn. Castorena would call the meeting and Cmn. Ede will attend if possib9e. . The proposed contract with Mr. PheLps on the Elm Avenue improvement project was studied. The City Attorney stated that the fee is based on that prescribed by law,, 9@ payable at the time of approval of the plans by the State., After discussion, Cmn. Sutton.moved the adoption of the contract between Byrl Phelps and the, City of Carlsbad on the improvement work on Elm Avenue., and the authorization of' its execution by the pro- per Bity officials. Seoonded by Cmn. Ede. A11 ayes, motion carried. The matter of' advertising signs on benches placed at bus stops was discussed. The City Clerk reported that he called Mr. Corbett, Superin- tentlent of' Oceanside Transportation Company, -and a.lso; Mr. Corbett, Super- intendent of Oceanside Transportation Company, and also Mr. Stanley, and had discussed all phases of the situation with them, including the matter of liability in case of accident, Mr. Corbett stating that the traasp.orta- tion company has a polic$y for $100,080.00 on that type of accident. It was pointed out, during discussion, that according to the terms of the Ord inance a special use permit would be required for each bench. The City At torney.pointed out the existence of the additional problem of persons us- ing public property for private advertising. He stated he believed the City should require some type of liability insurance which would name the City a's an assured; but that he did not believe any relationship existed in the matter between the City of Carlsbad and the Oceanside Transporta- tion. Company. The City Clerk reported that Anderson & Robinson had come in and applied for a special use permit for their bench advertising sign at Grand Avenue and Carlsbad. Boulevard, The matter was referred back to the City Attorney and the City Clerk, with Cmn. Helton and Mayor McClellaa requested to sit in. The sign of Samson Advertising Agency, located on the Sanitary Dis- trict property, was discussed. The City Clerk was asked to write them, advising thkm that the property has now been transferred to the City and asking them ahat they would propose to do as to rental. hfr. L. V.. Simmons, sign contractor, was present and stated that the .advertiging on the benches is purely private enterprise by Mr. Stanley, that they collect a good fee and can afford to take out the permits; and that if they wish to remove the benches, he will replace them. Cmn. Helton stated that he had had telephone calls from people own- ing property on Garffeld Street who had paid a sewer assessment and now ake unable to co'nnect to the sewer. Mr. Anthony explained that these ass- essments were only token payments of 825,OO d$t #$$ on each of the lots toward the next line to be put in. Cmn. Helton was asked to discuss the matter with Mr. Anthony and if Council action is necessary, $0 bring back to the next Council meeting, Final reading was given proposed Ordinance #5007, adopting County Ordinance #l3?8 permitting the use of bulk milk dispensing machines. cmn. Ede moved the adoption of proposed Ordinance #5007. Seconded by Cmn. Cas- torena. Five ayes, no nays, none absent, Ordinance adopted. 66 The City Clerk read a proposed Resolution authorizing the..:City Treasurer to make a minimum charge of $1.50 on bond inquiries from title companies, handled by him. Cmn, Castorena moved the adoption of Resolution #l16. Seconded by Cmn. Sutton. All ayes, motion carried. Mr. Anthony stated that the Gallingers will be given copies of pet- itions in the morning, to work on the Chestnut sewer project, He also invited the Council to see the street sweeper which will be here tomorrow about 1:OO P. M. for a demonstration. Referring back to the Ordinance requiring physical examination of food handlers. The Ordinance was, studied, and Mayor f&cClellan read sec- tions of the County Ordinance defining who shall be covered. cmn. Sutton moved that first reading of proposed ordinance #5008 be waived, and that such waiver constitute first reading. Seconded by Cmn. Castorena, All ayes, motion carried. The City Clerk reported that copies of ordinance will go out to the Clerk of the Hunicipal Court as soon as copies of two of them are type&. He also reported that Mr. Redmond, County Health Inspector, felt that the County should make the billing on the health permits, that is, accept the applications and money rather than have it done by the City, which receivc no fee for handling. The matter was discussed briefly but no action take1 The Mayor announced the regular meeting on Friday, the 21st, at La Mesa, of the League of California Cities, reservations for which must be made with the City Clerk by Wednesday noon. ' He stated he and ks." McCae- llan would attend. The City Attorney reported that he had had a letter from O'Melveny & Myers, inwhich they had asked about payment of their,fee of $64500.00, It was pointed out that payment has already been authorized. and should be made as soon as funds are available. The City Attorney also reported that the new manager at the local' card room had asked .that the hours of operation be extended, and that he. be permitted to add a new game, "Pan-guinguiv, which would require a chang in the ordinance, They would 14ke the hours extended to 2:OO A. M. Po- . lice Chief' Palkowski was asked for his recommendation and stated that he could see no objection to'the extension of hours but would have to talk with other Police Chiefs regarding the new game as he knew nothing about it. The matter was referred to the Chief, of Police and Cmn. Castorena for their joint recommendation at the next Council meeting. Cmn. Castorena proposed that Col. Ed bgen be ,asked to continue bs Civil Defense Director as he is very well informed as to the program, but that, as far as the work is concerned, the Volunteer Departmehts, Eo-' lice and Fire, will take over. Mayor McClellan stated he felt it vital that the person heading up the Civil Defense locally attend all the San Diego meetings; that he felt it has better reason for support since it has been broadened to include .disasters other than war attack. the siren testing, Cmn. Castorena taking the responsibility for the test. San Diego for the Spring Holiday. The City Clerk was asked to reply that Carlsbad will participate in Cmn. Sutton stated that the Shriners are bringing a group up from There being no further business to come before the Council, Cmn. Cas- torena moved for adjournment, seconded by Cmn. Helton. All ayes, meeting adjourned at 11:OO P. M. Respectfully submitted, . xv W n % Q. kd, MAX 0. EWALD, City Clerk ~"""""""LII""~"".~"""""""""""o~""""~"-~~~~~