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HomeMy WebLinkAbout1954-07-20; City Council; Minutes6 anca and Operation, $3500.00, and Bond Retirement, $3500.00; seconded by Cmn. Castoren a. All ayes, motion carried. Mayor McClellan asked the Council members to think about the methods of financing construction of the Sanitary Sewage Disposal plant, City Attorney Smith named four prime methods of financing same: (1) 1911 Improvement Act, the cost of which improvement would be as- sessed against the distri~ct to be benefitted, (2) General obligation bonds, City of Carlsbad, .'which would impose (3) Creation of 8 Eunicipal Sewage District, under a comparatively ,. (4) Revenue Bond type of proceeding whereby the City borrows money. and the funds to repay come from a sewage charge from .those ac$ually us- ing the sewer. It was agreed that this problem should be discussed at a special or adjourned session when nothing else would be handled: Cmn. Sutton suggested that Bruce thake these four methods and summarize the advantages and disadvantages 'of each, after which a special meeting could be set up for discussion, The Clerk was instructed to send a memorandum ,to the City Attorney asking him to prepare a summary of the various fi- nance methods open to the City on 't5i's sewage disposal plant matter and report to the Council at a conference session to be set as soon as he is prepared , a tax on the' entire area of Carlsbad. new law enacted in 1949. The City Clerk read an announcement of the League of Cities' meeting on Friday, July 16th, at the Coronado Yacht Club, Coronado, The question of giving a franchise for garbage collection was 'again discussed. The City Attorney stated that the procedure'would be to issue a Certificate of Public Necessity and Convenience'as in the case of taxi- cab service. Cmn. Ede moved'that She.Counci1 request the City Attorney to draw up an ordinance affecting garbage collection, Mayor LicClellan'stated that Xr. Anthony, had reported that the citi- zens of Terramar who had complained of erosion of their beach are tempo- rarily satisfied with the arrangement that the San Diego Gas & Electric. Company will put in some rocks down there to abate the erosion. It was suggested that we obtain the date the State Erosion man will . be down here so that he can be accompanied on his inspection of .the bea- ches There being no further business to come before the Council, Cmn, : Sutton movaed for adjournment, seconded by' Cmn. Castorena. All ayes., meeting adjourned at lO:O5 P. Id. Respectfully Submitted, NV tzv X. 0 . EWALD City Clerk "-~"""""""""",,,-,,,,,,,"""""-~~""""-~-~"""" )( I:';INUTES OF hXETING OF CARLSBAD CITY COUNCIL July 20, 1954 Meeting was called to order at 7':12 P. M. by Xayor' XcClellan. ?re- j sent besides the Mayor were Crnn. Ede, - Castorena, and Helton, City Clerk Ewald, Public Works Director Anthony, City Attorney Smith, and Police Chief Palkowski. Absent, Cmn. Sutton. Reading of the minutes of the meeting of July 6th was deferred until later in the meeting. City Clerk Ewald read the f.ollowing correspondence: Letter from the Chamber of Commerce recommending that the City con- .. tact the Board of Supervisor,s and request that they p&ace signs on such inland thoroughfares as El Camino Real and the County Road to San Iviarcos,' directing the traveling public to Carlsbad. Referred to the City'Clerk for action, .. 2 1 Letter from the Police Departmentadvising that Mr. Champion of the Atchison, Topeka & Santa Fe Railroad had been contacted in regard to the need for traffic controls at the three grade crossings in..Carlsbad, and that he had recommended that stop signs be installed stopping traffic from both directions at the Grand Avenue, Elm Avenue, and Tamarack Avenue cross ings, The Police Chief added his recommendation to that of I&, Chanpkon. After a brief discussion, Cmn, Ede moved that the City Attorney be instruc ted ,to draft an amendment to the Traffic Ordinance ordering the installa- tion of stop signs at the three railroad drossings as recommended by the Police Chief, Seconded by Cmn, Eelton. . The Mayor commended Police Chief Palkowski for initiating this safety measure.. Vote on the motion: all ayes, motion carried, I' Copy of letter from the Chamber ,of Commerce addressed to Rh C, I , McDonald, manager of the Pacific Telephone & Telegraph Company at Ocean- side, urging;that Garlsbad be given separate identification and prefix vat the time the proposed change-over takes place in January, Referred to the,City Clepk wf'th the suggestion that he write the Telephone Com- pany in support of the Chamber's letter, 5 . Letter from the.Department of Finance 1isting.cities havang unused Q Chapter' 47 funds, ranging from $1000+00 up, Carlsbad was shown as hav- 1-3 ing none unused, q+ 9' w Jail agreement'; stating that a -resolution will .be drawn up 'and sent at < a later date for the Councilts consideration+ Deferred until later in the meeting. 'Letter from'the Division of Highways advising that population fi- $. Letter from"the CounBg of San Diego enclosing four copies of the .. rgures from any special census taken would be included in the quarter immediately foilowing receipt of the figures' and would affect that quar- te.r's allocation, City Clerk Ewald was asked about progress on the tak- ing of the special census and stated that the files contain suffi-cient informati.on to initiate the procedure. After discussion, Cmn, Ede moved ' that the City Clerk be instructed to initiate procedure with .the U. S. Bureau of Census for taking of a special census of the City of Carlsbad, to be completed by October lst, 1954, Seconded by Can, Helton, All ages, motion carried. I-.. Letter from Mr. Velzy of the Division of Parks and Beaches, Division on July 9th, and asking that inaccurate statements attributed to him by the Los Angeles Times as to interns budgeted for Carlsbad in the State Di- vision of. Parks and. Beaches' budget .for 1955-56 be corrected , City Clerk Ewald stated that he had answered Mr. Velzyts letter, - VIt San Clemente, expressing appreciation for the tour and'dinner here 'City Clerk Ewald reported tha€ Mr. West of the Diviskon of Highways had been in the 6Pfice and they had discussed- the City Limit sign to be placed at the south City limits. The' letter from the Division of High- ways dated May 5th, 1954 was reviewed, wherein they advised that they -. would make the installation, and recpmended a sign bearing the name of -CARLSBAD in 10" reflectorized letters, and carrying the population and elevation figures for the City of Carlsbad. It was' noted that the quota- tion of $115.00 was $15.00 above the figure authorized by the Council at that time, Action on the matter was deferred until later in the meet- ing, City Clerk read Notice of Public Hearing on the application of Helen Kiethe, Brilhart Musical Instruement Corporatkbn, and the Carlsbad City Planning Commission for reclassification from C-1 to C-2 of' the area bbunded son the north by the first alley- south of Elm Avenue and the north property line of Lot 21, Block 33, Carlsbad Townsite; on the east, by the we'st side of Roosevelt Street, on the south bg the north side of Oak A- venue, apd on the west, by the center-line of the Atchison, Topeka, & San- ta Fe Railroad right-of-way, The recovendation of the Planning Commis- sion that the request be granted was reiewed, There were rio protests, . oral or wrltten. Cmn. Cas'torena moved that the-recommendation of the Plan 'ning Commission be accepted, and the City Attorney be instructed to draft an ord&naace accomplishing the change in classification applied for in the application of Helen Kiethe. et al. Seconded by Cmn. Ede, A31 ayes, motio t carried, I. City Clerk Ewald'read a letter signe'd by E. G. Kehtner, Robert Jack- .son, C. C. Thorpe, and B. Carpenter requesting that diagonal parking be allowed on Carlsbad Boulevard between Grand and Elm Avenue. Chief Pal- kowski was asked for his comments and stated he could see no objection to. the 'change and felt it would accommodate patrons of the stores. City Clerk Ewald was asked &tether he felt the Ckramber of Commerce supports 8-8 the request, and stated he felt it was purely a traffic matter for .the recommendation of the Chief of Police, Mayor McClellan reminded the Coun- cil of the regulation that no diagonal parking would be allowed on any street on which Gas Tax funds are used, as a major street, but that he ' could see no objection to the change if .no such barrier exists. It'was recalled that Carlshad Boulevard had not been designated as a major streel After discussion, Cmn. Ede moved that the City Attorney be instructed to draw up an amendment to the traffic. ordiance.effecting disgonal parking on the easterly side of Carlsbad Boulevard between Grand and Elm Avenues; seconded by Cmn, Helton, All ayes, motion.carried, The City Clerk read a'letter from E. G. Kentner -asking that sec- tions of the hazardous curb in front of the Twin Jnns on Carlsbad Boule- vard be removed, at the discretion of the Public Works Director,. Re- , feEred to Mr, Anthony with the suggestion that he require a specific plan of what is proposed to be removed, how the work is to be done, and how replacement is to be accomplished. Mr. Anthony -stated. that it was' his understanding that Mr. Kentner will remove the curb at his own ex- pense , removal of eucalyptus trees on the northside of .Elm Avenue on the gro(inds that they present a ,hazard to life and property, and that their presence makes it necessary ,to take out additional insurance on a building job. at the corner of Jefferson & Elm. After some discussijn, it was decided to place the letter in the file, to be brougBt to the attention of the Council at the- time the engineering survey on Elm is completed. Mr. W, E. Wieringa, at the time the engineering survey on Elm is compieted. Mr. W. E, Wieringa, 2451 Jefferson Street, asked whether the proposed widening of Elm Avenue contemplated taking any of the parking space of the Gospel Tabernacle Church. Hayor McClellan explained that there is no thought of going into any private property or beyond the right-of- way. City Clerk Ewald read 8 letter from the Santa Fe 1rri.gation Dis- trict inviktng one or more representatives from the City.to a dinner'o'n July 29th to be held at the Carlsbad Hotel for the.purpose .of discuss- ing sites for a reservoir to serve the entire north county area. It was ' citizens may want to attend the meeting. Referred to the Municipal Water District . City C.lsrk Ewald read a letter from Edward Zahler & Son asking for . decided to take- no official action; although. the Council felt that many George Reese of 3926 Highland Drive was present and urged the Coun- cil to consider adoption of a dog license tax a'nd leash law, stating he had been losing Bhickens due to the depradations of loose dogs. Mr. 0. E. Griffin of 306 Olive Avenue also spoke in favor of a dog ordinance as he-felt that loose and stray dogs had become a terrific nuisance in the City. The Council considered renewal of the old Animal Wefare Con-: mittee. Chief Palkowski commented that the original, committee did .not accomplish much as itincluded too many people from outside 'Carlsbad, with too many conflicting personalities, He stated he believed the committee should be composed of Carfsbad people, Cmn. Ede moved that a citizens' advisory committee be set up to study a dog ordiance and leash law, with the suggestion that the Chief of Police and Arnie Stringer be asked to serve on the committee, Seconded by Cmn, Castorena. Cmn, Castorega sta- ted that Mr. Stringer was .very active in the dog licensing set-up before incorporation, and recommended that he be' asked to head the'committee. All ayes , motion carried, Claude Barnett of 2454 Jefferson Street asked for information as to the fire hydrant proposition whereby the City pays 50% of the cost. He '' was asked to communicate with Fire Chief Hardin, who could give,him full informaation as to location of proposed hydrants, etc. Mr. .Wieringa askec about the cost of a hydrant in his area and was told by the Fire Chief that it would be $150.00, Mr. Anthony reviewed the Lull sewer bond matter, stating that he and Nr. Phelps and Mr, Anderson of Anderson & Robinson had gone,down and shot grades and found that. the connection could have been made, had their plumbing been installed under ordinary plumbing practices. He stated he had told Mr. and Mrs, Lull that he would recommend to the Council that they be permitted to connect at no charge to the line which will have to go in on Chinquapin at.a later date. Mr. Lull was present and reviewed some of his previous statements and added that if the Council will guar- antee that there be no charge on any of his lots for connection to the sel er on Chinquapin Street, and will pay him 6% interest on the money tied U: in the present sewer bond payment, and will guarantee that he can connect within. four 'years, he will let the matter stand as it is. -It was decided to defer action on the mat-ter until later in the meeting. I X? i-2 @ 4 5 3.2 I I, 2E Cmn. Ede summarized -the budget situation, stating that on ali estimat- ed 8$ million-dollar valuation, it will require approximately 896 ad Val- orum tax, without city sales tax, and i9$ if we have a city sales tax.' BHT Wieringa asked whether the purpose of enacting a city sales tax would be to keep down the tam levy.or to build up a fund for recreational purposes. Cmn, Ede answered that it was cantemplated primarily to keep the tax rate down. 4 BHr. Barnett, Mr. Griffin, and Mr. L. V. Dyche all spoke in favor of adoption of a city sales tax, stating they felt it would be a fair distri- bution of the tax burden. Mr. ifyche, who had opposed the tax at an earli- 6r meeting, stated he had chariged his mind somewhat. Mr. I,. Guevara objec ted to the-size .of the budget for street improvement, stating he felt the cost could be spread out' over a longer period of time. It was pointed out that even with a ,796 tax rat-e,.Carlsbad*s rate would' be only about 50% of that of most-other Cities in the county. Er. Lull also spoke in favor of meeting the tax problem by adopting a city sales tax. blr. John Howe asked whether peddlers are specifically mentioned in the ordinance and was advis ed that although-not specifically mentioned, they were subject to the tax. The City Attorney briefed the. proposed Ordinance #6025, putting'into effect- a City Sales .Tax,. paragraph by paragraph. After discussion, Cmn. Castorena moved that first reading of proposed Ordinance #6025 imposing a City Sales Tax, be waived, and that such waiver constitute first read- ing. Seconded by Cmn, Ede. Four ayes, no nays, Cmn. Sutton absent. May- or McClellan stated that Cqm. Sutton had telephoned that he wished to go on recoTd as being favorable to the ordinance; and ,that he also has stated that'he had a message from Dean Howell that the Board 'of Supervisors had approved the .City's proposal to purchase the former road station for $300. City Clerk' Ewald read the recommendation from the Planning Commissior . that the application df the Church of Christ for special use permit to al low construction of a church building at Oak Avenue and Pi0 Pic0 Drive be granted., with the provision that an area of two times the flbbr space of the proposed building be set aside for off-street parking. There were no protests, oral or written, and the trustees, James H. EcEaig, W. P. Capps, and,John A. McKaig, were present in support, of their petition. Cmn. Eel- , ton moved that ,the recommendation Df the Planning Commission be accepted, that the Council grant the spec.ia1 use pe.mit requested by the Church of' Christ, subject to the requirement of' setting aside space for parking are8 equal to. twice the floor area. Seconded by Cmn. Castorena. All ayes, mo- tion carried . After a.20-minute recess, the Council was reconvened -at 9: 30 P. Id. Proposed Ordinance #9033, changing zone from R-3 to C-1 of 'a portion .of. Tragt '99, Carlsbad Lands, located on the south side of Oak Avenue be- tween Lincoln Street and the Atchison, Topeka & Santa Fe Railroad 'righa- of-way, was. summarized. Cmn. Ede moved that first reading of proposed Or- dinance #9033 be'waived, and that such waiver constitute first reading. Seconded by Cmn. Castorena. All ayes, motion carried. City Clerk Ewald gave the life guard's report for July; as follows: five rescues, five assists, eleven jelly fish killed. He stated--that the beach clean-up Was very successful and drew considerable comment; that there were especially large crowds last week at the beach; that the water tem2erature today wbs 74; that he now has a surf board and has secured a man to relieve him. '>. . cmn. CastOrena repor€ed that the Fire Chief stated they were'in need 'of Some additional equipment and would like to have $~OO.oo to $1000.00 of their $6~~~~~0 itme for equipment approved. Chief Hardin was present and stated they need a flame thrower for burning Jots, a tarp for covering the White truck, and two more nozzles. After sme discussion, cmn, Castorena moved that the Council authorize the expenditure of.$50Oi00 for additional equipment for the Fire Department, as a part of the budget itern of $6000,[ requested for equipment. Seconded by Cm. Ede, A11 ayes, muon carried, ' . cm. CaStOr8na reported that the FSre Chief a~u3d,,~lkke:'ta'~,hefer act~c OTi the: proposed. .R@leasg.- of. .Liability:: in: bonneotfon-w~86~.:t~~ bupBing off of lots e .. City Clerk Ewald, as chairman of the Harbor Committee, reported' that he had received a letter from Kenneth Marshall, who attended the. meeting last Friday, inviting Mr. Ewald, Mr. David Baird and Mr. B. ,We. Christian- sen to a meeting of the Ship' Brokers' Commission at the Marlin Inn in believed Mr. Baird would be a v.aluab.le man to incorporate into the Harbor Committee on account of his previous experience in th.eir field* 'Point Lorna, on July 28th, and that they planned to attend. He stated he i90 Mr. Anthony reported that the Fire Prevention Committee was -not quit( complete as he had not been notified of any representative from the cham- ber of Commerce. The proposed lighting district west of the freeway was discussed. City Clerk Ewald and Crm. Ede stated that practically all comments com- ing to their notice have been favorable toward formation of the district. After discussion, Cmn. Castorena moved that the Public Works Director be instructed to work with the City Attorney to present plans and specifica- tions on the proposed lighting district to the City Council at its next meeting, if possible, the boundackes of which should be made to coincide, if possible, with the code area of the present Sanitary District. Second. ed by Cmn. Helton. All ayes, motion carried. City Attorney &pith outlined the alternative ways'in, which the City (1) by the City itself assuming the obligation of collecting gar- mag handle rubbinsh and gargage collection: bage, with City-owned vehicles, making a special collection charge; (2) by adopting an ordinance stating that public necessity and con- venience would best be served by having one person collect garbage and a- warding a franchise to that person, which would call for an open bid'and require public notice and hearing, and would provide some type of reven- ue from the person awarded the franchise; (3) by continuing as at present, with no franchise, nor any ordin- ance, simply allowing private parties to collect rubbish and garbage on their own. The various methods were discussed, and the question 0-f time was raised, as only $200.00 was allowed in the budget for garbage collection, a little more than half of' which has already been spent. The City Attor- ney was asked whether the ordinance and the advertising for bids could be run concurrently to save time, and stated that the ordinance could be made an nagency ordinanee effecting a franchise as outlined in method (2) and a,t the same time, to set up the machinery for inviting bids for the collection of garbage and trash. Seconded by Cmn. Castorena. It was agreed that the following points should be specifically covered: (1) that it not be made compulsory for every citizen to employ this service; (2) that a bid be invited setting out the amount that would be charged each householder and the rate that would be charged business houses; (3) frequency of collection; (4) the payment to the City of a given percentage of the monthly (5.1 some regulation as to the d9sposal of the refuse in such a man- (6) whether he may sub-let portions of his franchise; f7) term of the franchise. The City Attorney stated that the con- revenue 4 ner that it would not become a public nhisance; tract would preferably be for an indeterminate. period with a 30-day notice of cancellation c,lause4 Mr. George Kraft was present and objected. to the 30-dag clause.for the reason that he felt an operator might go. to consid- erable expense for equipment and then have his contract terminated after a short term; but it was felt that this could be satisfactorily worked ., out. The City Attorney was asked to work with Cmp. Ede on terms of the. franchise. Yote on the motion: all ayes, motion carried. The contract with Joe Apodaca for street maintenance was discussed. City Attorney Smith stated that this is an'indeterminate contract in ef-~ fect until it is terminated by one of the parties; and that if any of the -terms are unaccesptable to Mr. Apodaca he can ask for a termination-and re-degotiation of the contract. Renewal of the contract with the Carlsbad Journal, which' expired in tp July, 1953, was discussed. R. D. Garland, editor of the paper, was pre- 'I sent and stated that he had not yet discussed the matter with his brother, co-owner of the paper, and would like to do so before entering into a new contract, and would check with the City Attorney after so doing. Cmn. Ede moved the adoption of .a Resolutioa authorizing the officers of the City to execute a renewal of the printiag contract with the Carlsbad Journal, upon acceptance by the other parties concerned. Seconded by Cmn. Helton. All ayes, motion carried.. Referring. to the adoption of resolutions covering salaried employ- ees, the City Attorney stated that none would be required as.approva1 of the budgeted salaries actually covered the situation. I 4 "s fl !t 3 i I I 2.: Referring back to. the approach sign to be installed by the Division of Highways at the south City limits, Cmn. Ede moved that payment of $115. for the reflectorized sign at the south City Limits of Carlsbad be author- ,fzed, to be taken from the item in the Parks & Recreation Commission bud- get of $600.00 allowed for site acquisition of' the former County Road Station, Seconded by Cmn. Belton, Cmn. Ede moved that the Council approve the minutes ,of the regular sessi,on of July 6th and the adjourned .meeting of July, 13th. Seconded by Cmn. Castorenai All. ayes, motion carried, City Clerk Ewald reported that he had called Mr. Corbett and asked him to get Mr. Lillegts 0, K. to send a copy of the contract between the Oceanside Transportation 'Company and Camp P'endleton to City Attorney Smitt The City ,Attorney reported that he had not as yet completed the re- port on the four methods of financing the sewage disposal plant. Mr, Anthony stated that Bgrl Phelps had offered to sit in on a confe,rence with the information he has gathered on the different methods. Mr. An- thony was instructed to advise EBr. Phelps that he can proceed with the .plans for the plant on the assumption that all of the Felt land adjacent to the site will be acquired, and that the Council feels it i.s urgently necessary to complete the plans as soon as possible. The Ci'ty A.ttorney was instructed to proceed with negotiations for the land, Second reading was given proposed 0rdina.nee #1009, deleting from Ordinance #LOO5 the, necessity of bonding the Police Chief, Can. Ed8 moved the adoption of proposed Ordinance #loo!?, amending Ordinance .#lOO5, edlsting the requirement of bonding the Police Chief. Seconded by Cmn. Castorena, Four ayes, no nags, Cm, Sutton absent, ordinance adopted, City Clerk Ewald stated that. he had contacted Everts & Esenoff re- garding auditing the books, and Mr. McCarthy had sa'id the cost of the audit would be about the same as last year, approximately $350,00, and that it probably could be done before the first of the.rrionth. The jail agreement was reviewed. Police Chief Palkowski stated that some of the cities in the southern part of the county have agree- ments with the county to house their city prisoners at 509 per Bay, but that. on account of transportation difficulties it is not practical for th5s City to do SO. He stated that on any arrests made under the Penal Code the Sheriff is obliged to take the prisoners in at no cost. After some discussi+on, it was decided to defer action on the matter until the . next meetin ge .. C.hief Palkowski reported that he and Nr. Anthony had gone over very ' carefully the problem of the traffic hazard on Pi0 Pic0 Drive at the Chestnut Avenue pedestrian underpass, and agreed that a boulevarcl stop sign should be placed at either side- of the tunnel. He pointed out that children dart out through the underpass onto the boulevard and unless a motorist ig particularly aware of the danger, there is a great possibil- ity of an accident, Since the traffic ordinance required amending to in- stall stop signs at the railroad crossings, it was decdded to include this change in the amendment. Cmn.- Castorena moved that the City Attorney 'be instructed to amend. the traffic ordinance #3005 ,to add stop signs on ?io Pic0 Drive on each side of the pedestrian tunnel at Chestnut Avenue, to be included in .the. amendment ordering stop signs at the railroad cross- ings. .. Seconded by Cme, Ede., . It was suggested that a Junior Patrol might be organized to guard the underpass during the school year and other busy periods. The Chief .stated that the reason he has been reluctant to take on such'a project at this time is that the youngsters in such a patrol need very close supervision and he doesn't feel that we are.quite ready for it. Vote on the motion: all ayes, motion carried. Hayor DilcClellan stated he had had a request for a stop sign from Lincoln onto Carlsbad Boulevard . Mr. Anthony reported that there had been general contractors' bids received on the proposed fire station, .Mr. Xnthony was asked to inquire as to reasons why no bids were received. Cmn. Helton commented that one of the contractors had informed him that he objected to the requirement that the genera.1 contractor would be responsible for all sub-contractors. Referring back to the Lull sewer matter, Cmn. Ede moved that the Council recommend that Nr. Lull be permitted to connect Lots 10 and 11 of Block "I", Palisades #2, to the Chinquapin Street sewer, without cost, if' and when it is constructed; and that the City Clerk draft, a letter cog- ering the Council's reasons for denial of Mr. Lull*s request. Seconded by can. Castorena, Cmn, Helton commented that it is apparent that there is a defi'nite hardship on Mr. Lull, but that if a refund should be made to !92 him other homeowners would have. the right to protest on account of a similar harship on them. All .ayes, motion carried. On the subject of whether curbs could. be required on Carlsbad Boule- vard in TERRAMAR #4* the City Attorney stated he had seen Mr. Beuthel and discussed this matter and they had concurred that any encroachments on the State Highway must be covered by permits from the, Division of. Bigh-. ways, and that in the present case he felt that the City Council could have required Mr. Cannon to make epplication to the State Highway Divisioj for encroachment permits to install curbs, as a provision to acceptance of the tentative map; that examination .of acceptance of the tentative map does not indicate any such condition having been imposed. He stated the City could not have required curbs but could have required him to make ap< plication to install curbs; that the point of control would be at time of' acceptance of the tentative map, After discussion, &yor &Zlellan statec he believed Mr. Cannon should be informed that the Council' is prepared to approve final map of TERRAMAR #4, without the curbs on Carlsbad Boule- vard, provided the other improvements as required by the subdivision orc- dinance are constructed or an agreement made to construct them. There being no further business to come before the Council, Cmn. Helton moved for adjournment, seconded by Cmn. Castorena. All ayes, motir carried, meeting adjourned at 11:15 P, M. Respectfully submitted, \. gv NIT Nf. 0. E'CVALD, City Clerk """"""r~"~"""""~""""""""""""""""""""""0 c MINUTES OF MEETING OF. CAWBAD CITY COUNCIL August 3, 1954 Meeting called to order at 7:15. Present besides the Mayor were: Cm, Castoreha, Ede, Sutton, Helton, City Clerk Ewald, Public Works Direc- tor Anthony, City Attorney Smith, Approval of the minutes of the meeting of July 20th was deferred until later in the meeting. City Clerk Ewald read the following comunications; Letter from Pacific Investment Company requesting extension of time limit for submitting final map of. TERRANAB #4 of one year, or such fraction thereof as the Council deems proper, The reason given was that a larger area than was delineated on the tentative map will now be developed. Corn. Coclkrill of the Planning Commission was present and was asked whether in hi opinion the matter should first be submitted to tine Plannirtg Commission and stated that he felt this was not necessary. The City Attorney stated that his opinion the extension could legally be granted by adopting a resolution Corn. Sutton moved the adoption of a resolution extending the time for fil- ing of final map of TEERATGAR .#4 to December 31, 1954. Seconded by Corn. He ton. All ayes, no nays, none absent, resolution adopted. Letter from the County of San Diego attaching proposed resolution re- garding prisoner care at the Comty Honor Farm, Deferred .'until later in th meeting for the recommendation of the Police Chief and Cmn. Castorena, Letter from the Ivlunicipal Court at Oceanside, asking whethex the ,a- mount of $138.75 overpayment in fines and forfeitures during the 18-month' period of January, 1952, to July 1953, should be withheld on a monthly bas- is ox in a lump SLSI, It was decided that payment should be rcade in a large sum, and the City Clerk was asked to notify the Court. Letter from Attorney Niles Hansen, Selma, California, regarding the Lu Sewer bond matter, suggesting that a resolution or agreement be made by the Council to assure Mr. Lull of the right Co comect to the Chinquapin Street sewer without charge. Mr. Lull was present and added his request to thak'c tained. in the letter. The City Attorney again stated that the City Council. cannot bind fukure. Councils; that they can only make such a recommendation by resolution. and had already- done so. It was decided to send Mr. Hansen. (copy of Lulls) an excerpt from the minutes of the meeting of July 20th cov ering the ,matter, after the ninutes are approved.