HomeMy WebLinkAbout1954-08-03; City Council; MinutesYZ
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 TERRRIVIAR #4, the City Attorney stated he had seen Ab. 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. fiigh-- ways, and that in the present.-case he felt that the City Council could have required Mr. Cannon to .make application to the State Iiighway Divisior 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
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 or- dinance are constructed or an agreement made to construct them.
acceptance of the tentative map. After discussion, -. myor .. bkClellan statet
There being no further business to come before the Council, Cmn.. Helton moved for adjournment, seconded by Cmn. Castorena, All ayes, motic carried, meeting adjourned at ll:l5 P, M.
Respectfully submitted,
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M. 0 EWALD, City Clerk """""""""~"""""""""""""""""-~""""--~"--~~~
)!, MINUTES OF IviEE'I'IBTG OF. CARLSBAD CITY COUNCIL
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August 3, 1954
Meeting called to order at 7:15. Present besides the Xagor were: Cm. Castorena, Ede, Sutton, Helton, City Clerk Ehvald, .Public Works Direc- tor Anthony, City Attorney Smith.
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Approval of the minutes of the meeting of July 20th was deferred until later in tile meeting.
City Clerk Ewald read the following comunications:
Letter from Pacific Investmezt Company requesting extension of time limit for submitting final map of. TERRAhXR #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, Comm. Cockrill of the Planning Commission was present and was asked whether in hi: opinion the matter should first be submitted to the PlanniDg Commission and stated that he felt this was not necessary. The City Attorney stated that i his o2inion the extension could legally be granted by ado2ting a resolution,
CoAm. Sutton moved the adoption of a resolution extending the time for fil- ing of final map of TELYTtilftXR .#4 to December 31, 1954. Seconded by Comm. 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 County Honor Farm. Deferred .'until later in the meeting for the recogmendation of the Police Chief and Clm. Castorena.
Letter from the Iviunicipal Court at Oceanside, asking whether the .a- mount 02 $138.75 overpayaent in Fines and forfeitures during the 18-month' ' period of January, 1952, to July 1953, should be withheld on a monthly bas- is or in a 1~~113 sum. It vas decided that payEent should be Eade in a large sura, and the City Clerk was asked to notify the Court.
Letter from Attorney Riles Hansen, Selma, California, regarding the Lul Sewer bond matter, suggesting that a resolution or agreement be made by the Council to assure Er. Lull of the right to comect to the Chinquapin Street sewer without charge. Mr. Lull was present and added his request to that cc tained in the letter. The City Attorney again stated that the City Council- cannot bind future.Councils; that tkey can only make such a recommendation hy resolution and had already done SO. It was decided to .send Xr. Ransen (copy of Lulls) an excerpt from the Fxinutes of the meeting of July 20th COV- erlng the matter, after th.e ininutes are a2proved.
2: Mr. K, C, Catron, 3940 Seventh Avenue, San Diego, California, represen- tative of the Pacific Telephone and Telegraph Company, was introduced by Chi Palkowski, who stated I&. Catron would like. to present his company's proposi tion for setting up radio-telephone equipment in the Police Departnent on a rental basis. Mr. Catron described the type of equipnent that would be Pn- stalled, consisting of a .base station and control point, an antennae which they would mount, and receivers for two units which could be increased up tc six units iri event the Fire Department might be added to the system, in whic case it probably would be necessary to have a second control point. He stat a'preliminary investigation indicates that a 30-watt system would be require in order 'to give the coverage needed at $42.00, and each mobile unit at $20. monthly, which would include all maintenances of the equipment, He stated these we,re no final figures and might vary as lruch as 10% up or down. He st tea that in addition to these charges there would be an installation charge of $25.00 for each mobile unit. In addi.tion there will be a basic termina- tion cha2ge ,of $385.00, which would amortize at the rate of 1/60th per nohti. for 60 months. He, stated that repairs and maintenance would be rapidly han-
dled, probably by maintaining a stand-by unit here which would be transfer- red into the vehicle while the disabled equipment is being repaired. Kayor McClellan asked the City Attorney whether the City would have the authority to enter into a.60-month contract which would bind the next Council. The tJCity Attorney stated 'that in this type of contract the Council can cancel Qthe, .balance of the contract and pay for only the fraction used.
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.4A, The Chief was .asked for his comments'and stated that this program ap- r peals to him very much from the maintenance standpoint. He gave some COE- ' parative figures between cost of the present system and the telephone com- pany proposal, from.vqhich it appeared that the telephone company proposal would be more economipal due to the maintenance feature. Mr. Catron stated that the service should be in effect in six to eight weeks after a firm or- der is given. It was brought out that Carlsbad will be on the same frequen- cy .with Oceanside and El Cajon, but will not monitor El Cajon as it is too
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' far away.
After discussion, Cmn, Castorena moved that the telephone company be rc quested to make a survey so that a definite proposition can be made to the Council. Seconded by Cmn. Ede, Cmn. Sutton asked that all other possibili- ties be explored so that the different alternatives may be compared. Chief Palkowski 9ta%ed he would be glad to gather all possible information. Vote .on the motion: All ayes, motion carried. I Second reading was given propose& Ordinance #9033, rezoning a portion of Tract 99, Carlsbad Lands, from R-3 to C-1, said property being located
Railroad tracks. Can. Castorena moved the adoption of Ordinance #9033. Se- conded by Cmn. Sutton,,Five ayes, no nays, none absent, Ordinance adopted,
. on the south side of Oak Avenue between Lincoln Street and the Santa Fe
City Clerk Ewald read a memorandm from the Planning Co-mission recom- mending approval of the tentative map of SHANGRIU tract. Also read was tht recommendation of the Fire Chief as to location of fire hydrants. Mr. Your. ell, the subdivider, was pre.sent and was asked whether he was familgar with the seven conditions imposed upon acceptance of the tentative map, and stat( that he was and was willing to comply therewith. Corn.' Cockril1,of the Plar ning Commission was present and explained that part of the property include( in the subdivision was still under E-2 zoning;that a hearing had been held 1 consider reclassification to R-1 and a recornendation of approval made by the Planning Commission. - The City Attorney, stated that the City Council mu: act on the tentative map within 30 days of its receipt, and would therefore have to make their approval subject to rezoning from E-2 to R-1 of the prop. erty lying east of the road.
City Clerk Ewald,read the memorandum from the Planning Commission re- commending that the application of E. C. Yourell and the Carlsbad Planning Commission for reclassification from E-2 to R-1 of property described. as all of Cedar Hills Addition, located east of ,Olive D*i.ve, nprth of Forest Avenue be granted. Cmn, Sutton asked to be excused from consideration and voting in this matter, since his mother's property is affected. Cmn. Ede moved that the Council accept the recornendation of the Planning Cominission and ,set a hearing on said reclassification at 7:30 P. M. on August l7th, 1954. ,'Seconded by Cmn. Castorena. Four ayes, no. nays, Crcn. Sutton abstaining,
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Letter from the County Baalth Department was read, approving the sewage
dispbal and sanitation on the p,roposed SKaNGRIU tract, Also read was a letter from the Director of Public Works approvhg the street improvements on the tract. -The City Attorney stated that along with final approval, a variance should be given on Lots 6 and 16 so that they can be built upon. Cmn, Ede moved the adoption of a resolution approving the tentative map of
SHAE;IGRILA tract and acceptance of the recornendation of the Planning Comsnis- sion including conditions 1, 2, 3, 4, 5, 6, and 3, the recommendation of thc
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Fire Chief, that of the Public Works Director and that of the County Health Department by reference; that on Lots 6 and 16, permission be granted to cc struct houses which would comply with R-1 restriction, even though the lots contain less than 10,000 square feet, Seconded by Cmn. Helton. City Clerk Ewala pointed out that this map of SHANGRILA is the most nearly complete tentative map ever submitted to the City Council, and Mr. Yourell was com- plimented by the Council for his thoroughness- in complying with all 'regula- tions, and his do-operation attitude, .Vote on the motion: All 'ayes,'motio carried , ' ,.
City Clerk Ewald read a recommendation of the Planning Commission that variances requested by Benjamin F. and Adeline Lee Taylor, 3093 Ocean stree to allow reduction in front yard setback to 23 feet from property line, and in both side ysc&s to 3 feet, on property descri'bed as a portion of Fra-
zer's Addition, located on the west sid,e of Ocean Street at bak Avenue, be granted, A'letter from Maj. Gen. Worton, adjacent property owner, was read protesting the granting of such variances on the grounds .that it would be detrimental to the value .of the adjoining property, hlr. and Mrs, Taylor l were .present and Mr. Taylor'was askei! whether he had aiscussed the matter witli""Gen'. Worton, and stated that he had done so before applying for the variance but that the General did not commit hirhself at the time anydid not call back later after having said he would do so on a specific date. Mr. Taylor stated that the County had granted this same variance' in November, 1944, and he had put in foundations at a cost of $3OO,OO or ~l+OO.OO, which were there at the time Gen, Worton purchased his property and ,are still the and will be used in construction of a house if the variance is.granted. A,f ter discussion, Cm. Ede moved that the.Courici.1 grant the variance requeste by Mr. 'and NIrs,' Taylor, as per recomendation of the Planning Commission th any hang-over on the front side of the. bui3ding 'be no greater than that of any adjacent lot on Ocean Street; also that a copy of the Council minutes' be sent to General Worton; that side yard variances be'granted on both side to 3 feet of the property line dividing the two parcels, as shown on the sketch submitted, and on both .parcels a front yard setvack to 23 feet from property line. Seconded by Cmn. Castorena. Vote on the motion: four ayes, one nay (Suttonj, none absent, motion carried,
After a 15-@nute recess, the Council was reconvened at 9:2O'P. E. . lib Anthony'was asked about bids on the proposed fire and police station, .and stated that he had received bids aa follows:
General-------------------- Roy. Crom General-------------------- Gallinger Corporation 6 Concrete \Vork-"-"---""- George E, Spaulding Plumbing------------------- Anderson & Robinson Cabinet work---------"-"- Cole Cabinet 6hop Plastering----------------- John Ortega
Electrical Work------------ Carlsbad Electric Co,
r. Overhead Doors---,---------- Balboa Overhead .Door Co.
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Mr. Grog was present and commented that' he believed that some of the'hesit- ancy on the part of the general .dontractors to, bid on this job was the re- quirement of completion by October 31, 1954, also the requirement of a per- formance bond, and that the specifications are rather inc'omp,lete, Mr. Crom egplained that his bid is in fact .a proposal on a portion of the job and probably should properly be classed as a sub-contractorTs bid, E. e., a pro. posal to furnish carpenter labor and advice, the City to purchase all neces. sary materials and be responsible for payment of all sub-contractors on the job, for a toatal rsg $3976,g5. The bid of the Gallinger Corporation was a total general contractor's bid in the amount of $28,000.00, with a list of deduction or additions to be made if certain items were omi.tted.or added. '
There was considerable discussion as to whether funds would be avail- able to complete the construction; and it was finally agreed that the work should be carried on as far as possible to finance it, and then temporarily halted, i'f necessary, until funds are available for completion. Cm. Cas- torena moved the adoption of a r!esolution that the following sub-contractor: bids 'be accepted:
Plumbing---------Anderson & Robinson--------$1298,00 -Concrete Work----George Spaulding------------ 2875 . 00 Electrical Work--Carlsbad Electric------------ 718 , 00 General Contractor---qoy, Cram---------------- 3976.75
that it be further resolv,ed that the general contractor who is awarded the
bid and the Public Works Director proceed with the construction of the Fire and Police Station; that it be further resolved that &he Public Works Dir- ector be instructed to figure sub-contract bids on the other portions.of the construction that have not theretofore been bid u2on, and be prepared to
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bring to the Council such contract bids; provided, in the event such sub-col tract bids exceed #2000.00, that the City Attorney be instructed to,prepare Notice of Invitation of Bids, and' that a provision be included in the contre for termination of the contract when funds are depleted. Seconded by Cmn. I ton. .. k, Crom agreed that. he would be willing t,o .enter int0.a contract con- taining a clause that if it ,becomes necessary,. due to depletion of funds, tc temporarily terminate the work, the work already finished would be paid for and the building would be eonp1ete.d when additional funds, are available. It was pointed out that there is a duplication in the bids in. that the .forms are included in the concrete bid and also in 'Ur. Cram's, bid. Vote on the m: tion: Ayes, Cmn. Castorena, Ede, Sefton, Sutton, Xayor KcClellan; nays, none absent , none-; resolution adopted.
I City Clerk Ewald as chairman of the Earbor Committee read'the Walsh re. port, addressed to Mr. Larry Wornan, Tointing our certain steps which must be taken to develop the boat harbor. He also read a report drafted by the .Rarbor Committee, recomhlending the appointment of a Harbor Commis.sion to be composed of five members,, and that the Council budget $1000.00 for prelimin* ary engineering of the harbor. City Attorney Smith stated that as a sixth class city, Carlsbad cannot set up a Commission which has administrative poa ers, but could set it up as a bermanent committee with advisory powers. Mr, .Ewald stated that -such ,a Commission could make a study of 'every phase of har ' 9 bor planning and construction, docks; moorings, etc. Xayor McClellan stated
4 that he had talked to Mr.. Roble of the San Diego Gas & Electric Company, tvhc : stated that .the dredging will be comp1ete.d by October and requested that the ' propos,ed lease be sent to him so that they would have plenty of time to stu-
dy it,
.' Allan Kelly, member of the Harbor Committee, stated that in his opinior the most important thing is: to get the engineering done, and the next stkp.' would be to get a Harbor District formed which .would include Vista, Escondi- do and other back country areas, but that before they are going to be inter- -estea in entering this district they will want to know something about the engineering.. ' George Parker, another Harbor, Corunittee member, agreed with Mr. Kelly and stated he felt the engineering.is most urgently needed if Car: bad is to get a harbor, since it has already slipped from first to third pl; in priority in.Southern California.
I Can. Sutton stated that he was opposed to any expenditure of any funds for the area west of the Santa Fe Railroad until the City has assurances from the Santa Fe, the- San Diego: Gas &-Electric, and the State of California as. to what .could be worked out ,about the bridges. Cmn. Ede asked whether- ar: Committee could be formed which could bind the City, and the,City Attorney stated that it could not. Xr. Parker complained *hat the present Harbor Con mittee had been forced to act entirely on its om' initiative, having no in- structions at all from the City Council.. The Uayor stated he believed it would be an advantage to have a Harbor.Comnission set up as a permanent com- mittee -by ordinance, with staggered appointments, etc.' He stated that Mr. Noble of' the Gas & Electric Com2any had informed him that they would have a letter in very shortly setting up the conditions that they would consider for a lease of the outer basin.
City Clerk Ewald stated, he felt he would have to resign from the Har- bor Committee .
E&, Claud Fennel stated he felt %here is no more important thing for Carlsbad than acquiring a harbor .as soon as possible; that the Council would be.justified in doing everything possible to extend and promote and hasten development of a harbor in Carlsbad; that a Commission should be appointed, giving then 'as much power as possible, and. let them go out and promote every angle, giving them ev,ery bit of encouragement possible.
I After lengthy discussfon, Cmn. Ede noved that the City Attorney be in- structed to draw up an Ordinance setting up a Harbor Co@ssion, after con- ference with the Harbor Colmittee. Seconded by Cmn.. Castorena. Four ayes, .one nay (Sutton) motion carried.
After discussion on the recently-acquired Civil' Defense Fire truck; Cmn Ede moved the adoption of a resolution that the Xayor .@e authorized to exe-; cute a contract with the ,State of California for the acquisition of the fire truck, which is placed with the Fire Departxent under the 'conditi'ons which were ,outlined. Seconded by Cm. Belton. All ayes, no nays, resolution adop
The City Attorney was asked whether his report was ready on the methods of ,financing the sewage disposal plant, and stated he would present it at th next Council meeting.
The possibility of having an adjourned meeting was discussed, and it wa decided'to hold an adjourned session on Augu.st 10th at 7:OO P. X.
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Two drainage easement offers on Ocean Avenue between the Kelly and De Pinta properties were read by the City Attorney. It was explained that the two owners had agreed to pay for- the pipe, etc. Cmn. Ede moved that the Ci accept the Kelly and DePinto offezs of drainage easements to the City of Ca bad. Seconded by Cm. Castorena, All ayes, motion carried.
A letter from Mr. A. R. Stephenson to Eagor I'vIcClellan, requesting that a letter be written to the City of Oceanside protesting the annexing of thr tracts of land in North Carlsbad to Oceanside, was read. Cm. Ede moved th the letter be referred to the City Attomey for his instructions., Seconded by Cmn. Helton. All ayes, motion carried.
Due to the lateness of the hour and the work remaining on the agenda, Cmn. Sutton moved that the Council adjourn to 7:OO P. 16. on August 10th. Seconded by Cmn. Helton., A11 ayes, meeting adjourned at 11:20 P. M.
Respectfully submitted 9
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M. 0, EWALD, City Clerk
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I L'ZNUTES OF ADJOUEINXD MEETING OF CAliLSBAD CITY ' COUNCIL
August 10, 1954
Meeting called to order at 7:05 P. H. by Mayor McClel.lan. Present be- sides the Mayor were Councilmen Castorena, Ede, Helton, Sutton, City Clerk knlald, Public Vorks Director Anthony, and City Attorney Smith.
Cmn. Ede moved that the minutes of the July 20th heeting be approved a written. Seconded by Cmn. Helton. All ayes, motion carried.
City Clerk Ewald read the following communications:
Letter from the Parks, Recreation, Beach and Tree Commission asking th, the Council negotiate for the purchase of the former County Road Station fo, park purposes, and stating that various community groups had expressed will: ness to assist in developing a City park. Cm. Sutton stated that he had heard from Mrs. Nasland by telephone last Thursday that notice of intention to sell would be published on the 12th and a hearing set for the 24th, at which time, if there are no protests, the sale will be consummated. The Ci Clerk was asked to notify the Parks, Recreation, Beach and Tree Commission of the status of the negotiations; and also what portion of their budget ha been approved .
Letter from the Parks, ReCreation, Beach and Tree Commission suggestin; the following nanes for appointment to the Commission to fill vacancies caused by the expiring appointments of Mrs, Wayne Stuart and Ben Acuna: . ,Ur Wayne Stuart, Mrs. E. B. Sutton, L!Irs. George Fredkin, Mr, Joe Gastelum, and Mrs. Eddie Garcia. Uembers of the Council were asked to consider the sug- gested names, for a decision later in the meeting.
City Clerk Ewald stated that the life guard reported that the water ha been very dirty; that there was no beach clean-up during the reporting peril that two toilets were placed last week-end. He stated that- three volunteer had given him quite a lot of assistance: Chuck Freeburn, Jackie Kentner, and Dink Nuthall. He reported two assists during the period.. The Mayor suggested that at the end of the season a letter be written to each of thesl deserving volunteers expressing the City's appreciation of their ser99ces.
Reporting on the progress of the fire and police station building, Xr, Anthony stated that he had received firm bids on everything except the shee' metal work, and that he believed construction can start next week. It was decided to have a brief conference on the matter during or after recess.
Proposed Resolution accepting the civil .defense fire truck was real Can. Ede moved the adoption of Fiesolution accepting the civil defense fire truck. Seeonded by Cmn. Castorena, All ayes, motion carried,
Cmn. Castorena and Police Chief Palkowski gave some comparative figure: on the cost of a communication system for the Police Department, from which it appeared that the proposal of the Pacific Telephone & Telegraph Company