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HomeMy WebLinkAbout1954-06-15; City Council; MinutesID Cmn. Helton; all ayes, motion carried, Chief Palkowski thanked the Coun- cil for the commendation, on behalf of the Department, Mayor PdcClellan also made mention of the extra time put in by the Reserves, both men and women, during this time, The matter of authorizing employment of a life guard was again taken up, City Attorney Snith stated that the City Clerk could be authorized to negotiate employment of 8 temporary life guard to June 3Oth, and Can, Sut- ton moved the. adoption of a Resolution authorizing the employment of Geo, Meese, Jr., as a life guard, up to and including June 30th, 1954, with compensation not to exceed .$3OO,OO per xonth, said authorization to be in the hands of' City Clerk Nax Ewafd. Seconded by Cmn. Helton. All ayes, motion carried , The request of the Carlsbad Cafe for extension of hours and permis- sion to operate a new game was reviewed, Cmn. Castorena, stated that he : had no objection to extending the hours but is opposed to allowing the. Game of "pan-guingui" to be played; that Mr. Siegfried, the new manager had not yet made application and until he did so would not have any sta- tus as a permittee. Chief Palkowski stated he had talked to Mr, 'Sieg- fried about a weeks ago and told him that he had no objection to extending the hours but would recommend against allowing the new game; and advised Mr. Siegfried to get hbs application in and submit to printing, as the ordinance requires, but that he has not done so. Mayor lvfcClellan report that due to the fact that .there seems to: be some difficulty in accomplishing division of some of the 1911 Street Im- provement Bonds, some feeling has developed that the Council should at- tempt to accelerate action in the niatter. After discussion, it was a- greed that the City Attorney, after conferring with the City Treasurer should write the attorneys for the bond buyers and insist that early ac- tion be taken, The question of having a special census taken was discussed, and the City Clerk was asked to contact the Bureau of Census in San Diego to see what the cost would be. The. City Attorney was asked about progress on the lease with the San Diego Gas & Electric Company, The City Attorney stated that it might be well to wait until school is out, etc,, reminding the Council that they had asked the City to subinit proposals. During discussion it was brought out that Paul Ecke had suggested that t!ie City attempt,to get peraission from the Gas Company, and then make arrangements with the Division of High- ways, for a strip of land on both sides of the freeway for a depositary, to be made into a public beach. Ci ev The Mayor briefed a letter from the County Planning Congress announ- ng the Spring Meeting at the Hotel del Coronado on June 4th, Friday ening, at 6:30 P. I!., dinner to be $4.00 plus tax and tip. Referred to the Planning Commission, He also stated that he may not be able to attend the Conference of Mayors and Councilmen at Santa Barbara on June 4-5, as planned. There being no further business to come before the Council, Cmn. Castorena moved for adjounment, seconded by Cmn, Helton, All ayes, meet- ing adjourned at lO:4O P. E, Respectfully sumitted, Nv gv MAX 0. VWALD, City Clerk """""""""~""-~""-~~""-~-~~""""""""~~"""""" I( MIWmS OF MEETING OF CARLSBAD CITY COUNCIL June 15, 1954 hleeting called to order at 7:l2 P. M. by Mayor McClellan. Present besides the Kayor were Can, Castorena, Ede, Helton, Suttoh, City Clerk Ewald, Public Works .Director Anthony, and City Attorney Smith. Minutes of the meeting of June 1st were approved, upon motion by Cmn. Castorena, seconded by Cmn, Belton,, 8ubfWt €0 %!he insertion th&.t .\ I .,2 Ts P 9 f 4 % I I Cmn. Ede was excused at the recess. .All ayes, motion carried. 2;' City Clerk Ewald read the following communications: Letter from the Office of Civil Defense advising that the City's ap- plication for communication system (radio) has been disapproved on the grounds that Carlsbad does not meet any one of the six items of criteria for approval. Crnn. Castorena explained that the principal reason for re- jection is our close proximity to Oceanside and Camp Pendleton, .a target area, which becomes Oceansidets rebponsibility; and that Chief Palkowski had today written a letter investigating the matter further. 1% was de- cided to await further developments in the matter. Letter from the Hunicipal Improvement Association of Louisiana re- questing support in the amount of $25.00 to assist in the passage of legis lation enabling cities to seek Federal Ai& for water, sewer and drainage problems without going to a bond issue; with copy,of the proposed bill attached. Referred to Cmn. Helton for study and his recommendation at the 'next Council meeting, . ' ' Card from the League of California Cities announcing the dinner meet- ing at Twin Inns, Carlsbad, Friday night, 7 P, M., June 18th, speaker, Police Chief Jansen of the.San Diego Police Department, subject, "Your Police Problemst', requesting that all reservations be made by Wednesday noon, 'the &6, with the City Clerk, Price of the dinner, $2.85, The Mayor expressed the hope that most of the Council could attend, since Carlsbad is the host city this r;ohtb. Letter from the Water Pollution Control Board zdvising that their next meeting will be held on FPi.day, June 25th, and that Plan 1 or Plan 2 is proposed for sewage disposal-by the City of Carlsbad mag be approved, subject twcertain conditions set out in the ,letter, lvfr. Anthony was asked for his comments Snd stated that if the effluent were desc&aPged into the lagoon there would be a saving in cost of approximately $3O,OOO, and at the same time would help keep the water level up in. the lagoon, He stated that both he and Mr. Phelps would attend the June 25th meeting, and that Mr. Phelps'had indicated that the conditions set up were reason- able. It was decided that no immediate action was necessary. Letter from the Samson Advertisfng Ag.ency, advising that since the opening of the freeway, their sign on Carlsbad Boulevard on aity property has lost much of its value, and that therefore theybid not deel justified 'in paying &O.OO, but would offer $25.00 per yeari payable in advance. It was brought out that two interns of policy were involved, (I) whether if so, whether the rental offered is adequate. Cm. Sutton moved that the'Samson letter be referred to the Planning Commission, with a.request for the3r recommendation as to policy. Seconded' by Cmn. Ede. All ayes, motion carried , I the City wished to rest- any space for signs on City property, and (2) Mrs. Richard Cole, librarian for the Carlsbad branch of' the County Library was present, and made several recommendations for improvement of the library situation in Carlsbad. Sh,e pointed out the desperate need for more space and presented the two alternatives open to the City, (1.) retaining a County library branch, or (2) setting up a City library. She pointed out advantages and disadvantages of the County system, naming as favorable aspects the fact that there are approximately 11,000 new books yearly .to choose from (which would include in some cases several copies of one book); excellent fixtures and furniture; no oataloguing or classifg- ing to be done by local librarian; and economy of operation, As defeBts she pointed out that there is no adequate catalogue (author catalogue only); the lapse of time between ordering and receiving books; limited choice of books as the branches closest to the main library are able to go in oftela and pick up books of their ehoice; the amount of time required in packing and unpacking books, etc.., which is not best use of the librar- ian's time; and irregular library hours, which is a deterrent to good cir- culation. She emphasized that according to best estimates, a minimum of 9000 books, or 14 books per capita, should be required for the population of Carlsbad; that we are paying for 13,000 books and receiving onLy '3000. She cited an increase in circulation for 784 books per month in October, 1953, 'to 1519 in Nay, 1954, practically doubling in. a seven-month period, Mrs..eto&e cited as needs for the library, more room for display, bulletin boards, etc. 'She described a plan initiated by a group of citizens and clubs in her home town near Pittsburgh for a library, operated by a paid librarian and twelve part-time volunteer librarians, which functioned on a cost of approximately $4600.00 per year. Eayor BllcClellan pointed out th&, based on the estimated valuation of the City of Carlsbad, the GountJ will receive approximately $52OO,OO from the 7@ library %ax. The Council members agreed that within the next year or two, a City library should be /rnna4iieraii nnA n7nnnaA Pnr, '12 &, Feast, .attorney for James Me Jordan and Milton Mck~klan, present- ed two petitions. siaed by Jordan and Plchchkul, which were read- by CXtY Clerk Ewald, one. Pequestlng amendment to Paragraph F of Section 6, Ordin- ance #6015, extending closing hour to 2 A, M, for card. rooms arid the 0- tbr requesting a change in Seotion 6, Paragraph D, of said brd-ce, to allow the gane of "pcmgtainguiw to be played in card rooms, canO Castorena errplamed that Chief Palkmski would be absent from the meeting until la- ter, as. he was attending hrP8 daughter's mduation, and tht he Would lkke to await the Chief's arrival for his reoomendatioa on both matters. City Attorney Smith stated that the Chief had advised him that he had m objeo- tion to the extension of hours but would not recommend the addition of $b new @me, Hs. Feist requested that he be given an opportmitg to write a letter. to the Courmcil explaining the reasons for the petition ,to add the game;' should .the Council see fit to defer action on the second peti- tion to allow him to do so, but since the. change in olosing hour was of some importance and urgency, he hoped the couno'il would act on that mat- ter without delay, Cm.. Ede moved that action be deferred until Mr. Feist has bad an opportunity of writing a letter of explanation on the matter, Seconded by Mr. Sutton. Mr. Feist was asked about the position of Mr. Siegfried iyI the maltter and stated that details of the armngements betw?en Mr. Siegffied and the present licensees have not as yet been worked out, so that :he had no status %XI this .matter and the present licensees> are the responsible parties, A11 ayes, motion carried, Cmn, Castorena moved that the, City Attorney be bstructed to prepare an amendment to Ordinance #6015 ohmglng the $laximum closing hour for card eooms to 2;00,81, H, Seconded by Cmn, Ede, Cm, Sutton suggested that the Ordinangd be SO WON- ed that a hand of oards oould bot be ,a$artad within a few minutes of 2:OO A, PI, All ayes, motion carried. Mr. Leo Edilliams was present and requested the Council to consider re- instatement in the proposed several lateral contract the minimum oonnection charge of $50.00 ,whieQ was deleted in the revised contract, % gave us ' his reasons that moving the equipment in and setting it up, measurelng, etc required a certain amount of time, resulting in a cost.which would not be covered by.the contract fee in the cases in question, i, e., the short and shallow lines in some sections of Oak Avenue, Normdie he, and the ATW' Bailroad right-of -way , ., I After a l$-minute recess, the Cornoil was reoonvened at 8:40 Po 'We Discussion was.resumed on the ko. Williams oontract matter, Cmn, Castor- ena and Cm. Helton stated they felt it is good buslriess to require a minimum, but &yor &Clellan stated that on connections such as those in ' question., he felt a $50.00 charge would be exoessive. Cm, Sutton sugges- ted a plan whereby a moving-on charge of $lJ,OO, plus a reasonable conneo- tion charge, would be charged on the smaller jobs, After discussion, Cm, Hexton moved that the $jo,oo minimum connection ehrge be reinstated in' the contract with Leo Williams, as requested by him, Seeonded by Cmn, Ede, FOUP ayes, nne nay (MeClellaaQ, motion carried, City Clerk Ewald read st memorandum from the Planning Commission dated June 15, 1954, recornending the grating of the application of Alton A. and &@ret v, Gladden for reclassification from B-3 to C-1 of property described 8s a Portion of Traat 99, Carlsbad Wds, located 011 tb south side of Oak Avenue between Wmob Street and the: Atchison, Tope& & Smta Fe Railroad right-of-way, to permit oonstruction of additional dwelling . wvlits or..busiaess structures thereon, Cmn, Ede moved that the recommenda- tion Of the Planing COmmiSSiOn be accepted, and that a hearing 'be set on safd application at ?:30 pa fiat July 6th, 1954, Seconded by Cmn, Statton, All ayes, motion -carried, Commissioner Ledgerwood from the Plmning Commiss~on was present; md gaVe the COunCiL a brief summary of pending hearings before the Cornissfon,, PaPticuhrU the fCeithe-Brilhart application for regonug fron c-1 to C-2 of the 3000 block on State Street, The -joint rneetag of the Commi~si~n and the Council, to be held' on the 22nd at 7:3O P. EL, on subdivision requirements, was discussed, City Clerk Ewald read a list of individuals who have been invited, including engineers, land-owners who are subdividing, and Mr. Slater from the Public Health Department, and the Cfty Attorney, Cm. Sutton suggested that the names of Mr. Owens and He. Garber from the San Diego Gas & Electrip Com- pany be added to the list, and the City Clerk was requested to do so. The matter of authorizing the continuation of the life guard's ser- vices beyond July 1st .was diBzlused. It was noted that the proposed budget from the Parks, Becreation, Beach and Tree Commission g$#f&dj! uoiuded 9b300eO0 per month for the regular life guard and $ll5,OO per month for 8 relief maT10 The possibility that a volwlteer who would help out over the Fourth of July weekend could be found was discussed, and the City Clerk was asked to explore this possibility. a letter from Dr. Qlines, member . ... .. .. .~ 2 of the Parks, Recreat1m, Beach, and Tree Commission, setting. forth the proposed budget for 1934-55, was read, .and the various iteras discitssed brie ly. Ciw. Sutton moved the adoption of 8 resolution approving the #2600.00 $tern %-a the, Parks, Recreation, Beaoh, and Tree Commission budget covering one full-tfme life guard, one relief guard, armd the rental 'and purchase of ' toilets, up to and iPiclud133g June 30, 1955, Seconded by Cm, Ede. All aye no nays, resaltuion adopted. The question of sugervislon of the life guap vas discussed, and it was declded that the City Clerk-Adrninlstrator should have supervisory authority over the life guards. He was asked to set up a co-opdination between the life guards ad the Police and Fire Departments f handlag of emergencies. byor hCfellan commented that It should be made clear to the Parks, €lecreation, Beach and Tree Coblssion that they must oxear to the Parks,, Recreation, Beach and Tree Commission that they must clear a11 administrative matters through the City offioe. proposed Fire and police Stat2on, but it was decided that discussion of thi matter would best be deferred until after another budget session has been held and 8 more definite Idea obtained as to the financial picture. It was agreed that a budget meeting be held on June 29th, at 7:OO P. p4, (adjourned session). Cmn, Sutton proposed that for the purpose of an alternate bid, Q plans be drawn to fnolude all City offices at the new site, which would a10 0 levlate the library problem, and consolidate everything under one foof, al- ?+ so Including a concrete block shell that could in the future be used as a. e Jail. It. was agreed to investigate this possibility. 3 i I Cmn. Helton stated he had some figures and speoifications on the The relinquishment of a portion of Vista Way; requested by the Statc Division of Highways, referred to Cmn. #elton and the Director of Publio .WOP&S at a previous meeting, was discussed, The small strip of road was loaated as lying westerly of El Camino Real, southerly of'the new Vista Fret way, It was deoided to let the matter take its course, as no resolution of approval was requested. The application for the balmse of Chapter 47 funds allooated to th , City of Carlsbad was discussed. City Clerk Ewald read letters 'from the State Board dated kroh 3rd and April 19th regarding the balanse remain- ing In the ‘engineering and site aequisitfon fad, It was doted that there is a balance of $2250,00 remaining in the siee acquisition fund, which must be applPed for by June 3Oth, and-whioh can be used for any engineering or plms or site acquisition, *or &Clellan stated thae he had asked Byrl Phelps $0 'prepare .something on which adtion oould be taken, at this meeting, and that Nr. phelps had prepared an application blanketing the Elm Avenue engineering and plan preparation for street construction, along with a more or less Udeterminate drainage survey& to consume the $2250 .OO, It was brought out that once the application is on file it can be transfered to a- nather we before Deoember 3lst. City Clerk Ewald read proposed Resolution #121 authorizing filing for plans application under Chapter 47. Cmn, Sutto~ moved .the adoption of proposed ResolQtion #121, Seconded by Cm. hlton. A31 ayes, motion carried. city Clerk Ewald was asked to follow through and be sure Nr. Phelps sends us a copy of the letter transmitting sme for pur- oses of the record; and also to follow through on the application ,of the 3500.00 reimbursement for the sewage disposal plant plans. The Counoil wa: asked to keep in mind that the application for the pemainder of the oonstruc tion'funds themselves must be made by December 31, ,1934. I P The matter of the contemplated purchase of a street sweeper was dis- oussed briefly, but no action was taken as it was agreed further budget study is necessary before this matter can be given consideration, Cmn. Sutton, reporting on the County Road Station lease matter, stated that apparently the County carries the property and buildlng at $6600~00, but that he would check further, % stated that b. &&ringer ,had made contact with the Road Department and 'learned tat they would con- sider 1;& per 'month, with no dm payment, Area of the property is 1.83 acres . .. I Cmn. Castorena reported that the Fire Chief is quite concerned about gettbg started .on a Fire Prevention' Code; he has been wanting to get it set up as it is one of the requirements of the Fire UnderwriteP's. Cum. Castor- -ens proposed the settfng up of a Commi%.tee to ssudy the mattbr, to Include the Fire Chief, the Director of Public works, Cm. Hefton, with the City At- torney as a consultant on the legal phases, and with Cmn, Castorena himself sitting in, Can. Helton commented that the Building Code provides for three Fipe Zones, #I, #2 and #3, and specifies the type of structure required in each zone, Cm, Castorena moved that a committee be set up for the study of a Fire Prevention Code, composed of the following: Ffre Chlef Robert Hardin, Public Works Director Anthony to act as Chairman, Cmn. Helton, Cam. Castorer "a reporesentaMve from the Chamber of Comeroe and a represeneative from the Planning COmfssion,. Seconded by cm, Sutton. All ayes, motion carried, 74. Cim: Castorena read a letter addressed .to Chief. of Police Palkowski from Osoap's Cab Company requesting permission to letter all cabs nY)SCARiS GAB CO. OF OCEANSIDE d?c CARLSBAD" , with the same phone number' on all oabs. The matter v#as discussed bpt actio? was deferred until further investigatic by the Police Chief and the City A torneg and recommendation by them, City Clerk.Ewald, as chaiirman of the.hrbor Committee, reported on the meeting in San Diego with officials of the San Diego Gas & Eleotri,c Cblrmpiujy. Police Chief Palkowski stated that under %he Penal Code the Eolic Departmeat could enforce any violation as regards trepassing on Company propersy, but that a complaint would have to be made and Hr. Fomiard was re luctant to cornit himself or Mr. Noble as to who would sign the complaint. City Attorney Smith stated he felt that ample provisions exist for suffic- ient enforaement, -and that there was little prospect of tiny liabixity at- taching to the City. for anything that might occur down there. Police Chiel Palkowski commented, that. .the area is not adequately posted, but -that the Company had indicated: at the meeting that they would pbst more. signs, .The City Attorney was asked to pursue the matter with Mr. Forward, City CJerk Ewald stated he would furnish each Counoi& member with a copy of the pro- posed agreement, which has as yet not been submitted to the %s Company, ar the City Attorney explained that this suggested agreement is only 'intended to reflect the salient. points whlch have been raised for discussion, and does not purport to be any officlal expression of the Eiarbor Committee's views, City Clerk Hac Ewald reported that 'the bonds for the City Treasurer and hirns&f had. been received: he was agked to submit them to the City Attorney for approval. Cmn, htton brought up the question of bonding the Police Chief, as proyided-in the Administrative Ordinance, It was pointed out that virtually the only money handled by the PolLBe .Depart= ment is & oocasional' fee for taxicab driver applicrations. It was agreed that under the circuinstances the $200.00 bond specified by the Ordinance Is unnecessary.unti1 such time as jail facilities are installed and fines and bail money are handled by the Department. City Attorney SIWh stated that the City niay be exposed to some degree 'of liability and it might. be wise to amend the orMnanoe. % further stated that there are no set re- quirements that a Police Chief be bonded, nor Is there an express provl- sion that every public official be bonded, cmn, Castiorena moved that the City Attorneybe instructed to amend Ordinance #lo05 to delete the requi- rement tLiat the Police Chief be bonded. Seconded by Cfon, Helton. All .ayes, motion carried, ,The City Clerk was asked his conolusion,as tq the estimated dost of preparing a-speoial censu8, and stated that on the basis of information in the fSles he estimated that It would cost approximately $1440.00. It was pointed, out that if the City shows an Iaarease- in population sf .lOOO, it would result in $7500.00 per year more revenue .from fa lieu taxes. It was decided-to discuss It further at the bud&et session, C.bty. Clerk Ewrald presented two bills from the City Treasurer, one for the month of by in the amount of $125.00, and the other for June .for $240. He was aksed whether theis was an estimate for June or for the tine a'lread- y put in, and stated it was for the entire month of June, for services in collectian 'of Sanitary District bond and interest payments. Mayor McClel- lan asked the number of hours contemplated in the bill and the City Clerk stated that .the City Treasurer expected to spend a full day in.the .office during this month, since an interest payment was due. There was oonsider- able discussion, and the City Attorney was asked whether the Council was on proper legal grounds in approving these bills, since the Treasurer's salary was set by resolution and could not be changed during his term of oefioe. He stated that the salary set was for Treasurer's duties only and did not include extraordinary serCvioes such as the Sanitary Distriot 'ool- lections. It was the feeling of the council that. inctai-jlring of the extra ' expense should be authorized before the actual presentation of bills,, pf&d which could -be done by implioation when 8 budget is approved whioh om- templates these services. Cum. Ede moved that payment to the City Treasu- rer be authorized of the bill for $125.00 for Nay and $240.00 for ,the rnontk of 'June, for extraordinary serviaes in the oollection of Sanitary .District bond and interest payments, hconded by Cmn. Castorena. There was consid- erable discussion as to the cost of collection.of the sewer bonds,: and the Council agpeed that all possibilities should be explored as to more ecc omlcall means of collection. Vote on %he motion: All ayes, motion carried. The City Clerk was asked to explore the possibilities of collect.ion by the County Treasurer, or any other alternate means, before the adjourned sessic next week, The. City Clerk .reported that he has t-e $75.00 payments from citl- 2: zens for part payment of fire plugs, to be matched by the City, as author- ized previously. It was decided that since money appropriated for .fire hydrnats during the current gear has been exhausted,.the matter should be deferred into the next fiscal yezr. Cm. Castorena stated that he was in- formed. by the Fire Chief today that two other plugs could be installed at the same $%me at a cost of $15.00, as.all other installations have be.en mad such as the valves, etc. He was asked to pass this information on to the City Clerk. The City Attorney, reporting on the porposed Lighting District on Roosevelt Street, stated that he had called Mr. Kimball and that the Gas .. Company was suggosed to have made more complete surveys on the Street Light in,g District. % further stated that it may be six or eight months before the new plan involving the ornamental lighting will be approved by the State Public Utilities Commission, but at the same time our information may not be complete before that time. Be reported that there had been an un- official request made to him for consideration of an extended lighting dis- trict in Terramar, and outllned, the procedure necessary to initiatethe proceedings. City Clerk Ewald stated he had written the San Diego Gas ?2 Electric Company a letter inquiring as to progress on the proposed Street Lighting Distirct but had received no answer. z a The proposed franchise with the Oceanside Tran'sportation System was : discussed. City Clerk Ewald reported that Nr. Corbett stated they were : willing to go ahead with an agreement similar .to the one they have with : Camp Pendleton, with a 30-day revocable clause in it, at no reimbursement to the City,, and that the City Attorney will caL1 Mr. Corbett and get a oopy of the agreement with Camp Pendleton so that he can draw up a similar agreement. The question of whether a clause could be incorporated into the franchise agreement to cover the bench advertising was disoussed. City Attorney Smith stated that he had been present at the Planning Commission meeting when the Anderson ZG Bobinson speofal use permit for bench advertis- ing had been under consideration, and that. action had been deferred pending a decision by the Council as what policy would b.e followed in these matters The Council unanimously expressed satisfaction and appreciation for Cmn. Castorena reported that the City would'participate in the June the partial- redecorating of the City Hall. 30th siren test under the Civil Defense program, and that there will be ade. quate public notice so that the. citizenry will not become alarmed. He also report that he felt quite optimistic that Col. Edward Hagen will accept reappointment as Civil Defense Dkrector. There' being no further business to come before the Courmil, Crnn. Sut- ton moved for adjournment to 7:OO P. PI., June 29th. Seconded Iy Cm. Cas- torena. All ayes, meeting adjourned at 11:05. P. E4. Respectfully submitted, Nv gv M. 0. EWALD, City Clerk'" ~""""""""~~~~"""""~"""""""~""""~"""""""""~ MINUTES OF ADJOURNED 1"IEETING OF CARiS3AD CITY COUNCIL June 29. 1954- IuIeeting called to order at 7:30 Po W. by Mayor kClellan. Present besides the byor were Councilmen Ede, Castorena, Hexton and Sutton, City Clerk Ewald,, City Treasurer Pace, Public Work8 Disecotr Anthony, City At- torney Smith (9:50 Po R.) Cmn, Sutton asked permission to report on the curb questing in Ter- ramar Unit #4 befoce.the meeting is turned over to an ifformal discussion of the budget. He reported that Paul Swirsky, Jr., law partner of City Attorney Smith, had appeared before the Planning Commission on behalf of W, D. Cannon to request that a de,cialon be made as to whether curbs are to be required along Carlsbad Boulevard in Terramar unit #4, contending that since said street was at the time of approval of the tentative map of Ter- ramar Unit #4 a state highway under the control of the Dipision Of High- ways, no improvements could bb .required thereon by the City of Carlsbad, Cm. Suteon stated he felt it should be made clear whether the City Attor- ney's office is representing the City or the subdivider. The kyor stated