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HomeMy WebLinkAbout1955-09-20; City Council; MinutesCmn. Helton, All. ayes. Meeting adjourned. - . 1 "Z Respectfully submitted, @ - """"""""" -. - - - -' - - - - - - - - 0 - - 31, Q.-EEA&D+ ci&y-Clezk= = =, = = = I MINUTES OF THE =GULAR MEETING OP THE CARLSBAD CITY COUI'CIL - SEPTB'BEB 20. 1955' The meeting was called to order at 7:08 I). 12. by. kyOr Raymond c. Ede. Present besides the Playor were.: Councilmen Robinson and Eelton. Cmn, Sutton was present after 8:OO P. M, Absent: Cmn. Castorena. I zeverend Brokenshire gave the invocation . City Clerk Ewald read the correspondence as follows: (1) Letter from County Kealth Department dated September 15, - 1955, request.ing comments and opinions of this City regarding the adoption of an ordinance adding a penalty for payment of delinquent Public Health Permit fees. ;a -4 0 ft 3 I I, May.or Me asked the opinion of the i;ity Clerk on such an ordinance and City C-lerk Ewald stated it would be desirable a s it would eliminate considerable work in collecting.these delinquent fees. By common con- sent of the Council, favorable response was indi.cated and the City Clerk was Snstructed to B dvise the County office of the decisio8n. (2) ktter of resignation from Iqr, Joe H. Apodaca dated Septem- ber 13, 1955, expressing appreciation for the pleasant associations developed during service for the City and stating that certain equip- mentwhioh he owns, will be available to the City for use on a cost basis. Public Works Director Anthony reported that Nr, Apodaca wishes to take charge of his cement business by Honday, September 26th, but will be able to devote some time to the Cityzfter that date. Several app- lications have been received and the applicants will be interviewed by the City bnager and himself with term of employment to commence on Monday, September 26th. Cmn. Helton offered a motion accepting k. Apodaca's resigna- tion and stating that the City is losing a very good man. Cmn, Ro- binson offered an amendment to the motion--that theresignation be accepted reluctantly and a letter of commendation be forwarded to Xr. Apodaca for his efforts, Seconded by Cmn. Bobinson. All ayes. Motion carried . (3) Letter from Cwlsbad Chamber of Commerce requesting the Council to consider improvements at intersection of Carlsbad Blvd. and State Street to make it less hazardous and to allow right and left turns. Public Works,Direotor Anthony stated that in order to make an.' improvement of this kind, considerable expense would be involved as the streets would have to be brought up to an equal leveP, with in- stallation of an island and signal for right and left turns. Hr, Anthony pointed out that, while the .pLa.n is feasible , it would run into far more money than the City has available at this time. . Gas Tax Funds might be allocated to this project at a future date, but the funds for at least the next year will be required for completion of .Elm Avenue to Carlsbad Blvd. as the State desires to finish this improvement as the funds are available, Mr. Anthony also pointed out that, at the time State Street was re-opened, the State Highway Div- ision had recommended it remain closed for the sake of safety. The City Manager will be instructed to draft a letter to the Chamber of Commerce aaknowledging this request and advising them of the recom- mendations presented by the Public Works Gpartment. PARK AND RECREATION COMMISSION: City Clerk Ewald read a memorandum from this Commission. in regard to; a request from Mr. Milton Kauffman for permission to remove trees on: property located at 1092 Chinquapin Avenue. '%e Commission recommended that permission be granted and offered suggestions for re-planting. PIr. Doyce Bedrick was present at the,meeting representing Wr. IZauffman, public Works Director Anthony stated he had inspected the site and would recommend the removal of the trees as it would improve the right of way, Cmn, Ro- binson offered a motion that the Council accept the recommendation of the Park, kcreation, Beach and Tree Commission and, grant the per- mission for the removal of these trees. Seconded by Cmn, Relton, All ayes, Motion carried. Mayor Ede asked fqr. Hedrick to inform Iqr, Kauffman %hat the Council appreciates his cooperation and that the Park and 2ecreation Chairman, Nr. Nelson Westree will be glad to assist in any manner possible. Rev. Roy D. Br.okenshire presented an oral communication to members . of the Council. At the present time there is only one place, a. private home in Oceanside, where a mar-ria-ge license can be obtained. in this area, He stated that the matter had been discussed at the district Ministerial Association and it was felt that it is the duty of the State as well as the clergy to see that persons desiring to enter into matrimony should be able to follow through on legal formalities, City Clerk Ewald reported he had discussed the matter with the City Manager and a letter has been forwarded to Nr. James, County Clerk, asking what steps should be taken in order for the City to issue such licenses. HDOR COMMISSION: City Clerk Ewald reported he had attended the Harbor Commission meeting of September 16th at which time Mr. Sheridan Hegland, State Assemblyman from the 77th District was present, The group studied the provisions of Assembly Bill 2939, setting up an agency, under State Lands, to study small boat harbors and means of financing, There is a possibility that the Interim Sub-committee will hold a meeting at Carlsbad during the first part of Cctober. It was pointed out in discussion that the engineering survey, which has been delayed in order for the City to obtain offers for purchase of lagoon frontage, is holding up progress on the Harbor as the Interim Committee has advised that the first step necessary would be an engineering survey. Chairman Dunne, of the Harbor Commission, will appear before the Council at the next meeting to discuss the survey and what action show be taken. Mayor Ede commented on the editorial which appeared in a recent issue of the Blade-Tribune and asked Iqr, Bill Burden, a representative of the paper who was present, to relay the Council's appreciation. Public Works Director Anthony reported that final approval has not been received from the State Department of Finance on the. sewage disposal plant plans. Iulr. Nussbaum from the State Pollution Board is in town and will confer with Mr, Anthony tomorrow and perhaps he will get some action as the Pollution Board is disturbed at the amount of fluid whioh is going into the lagoon. Mayor Ede inquired as to what action had been taken on the Ocean Avenue petition to reduce the speed of motorists in that area, Public Works Director Anthony stated the signs are ready to be placed in the area and resurfacing will begin in the near future. City Clerk Ewald read a communication signed by himself as Secretary of the Cmlsbad Municipal Fater histrict, req-uesting that the desk and file cabinet of the organization be moved to the City Hall for convenience. Permission was granted by common consent of the Council. City Clerk Ewald read the report of the Carlsbad Advisory xater Committee on the proposal of the City to purchase the Mutual Water Company, I Special note was given the Addendum to this report, Cmn . Robinson reported that the Carlsbad Hutual Water Company Board of Directors, at a meeting this date, had reviewed the recommendation atid the Board had authorized the Secretary to proceed with soliciting of offers to purchase from alL other persons or agencies and that such offers of purchase should- be received on or before December 1, 1955. It is anticipated by the Board that, if other proposals are forth- coming in the near future, perhaps the shareholder's meeting could be called prior to February 1, 1956 to consider the acceptance or rejection of any of the proposals. The Council proceeded to the opening of the bids for the Elm Ave- nue improvement whdch was 'scheduled for 8:OO P. M. Mr. Byrl Phelps opened the bids and announced the proposed bid amounts in detail. Total amounts of the bids submitted were as follows:: Cox Brothers Construction Go. $34 , 654.45 Bond :.to be 10% of amount, .. . .. 15 R. a* Hazard C6nstruction Co. .,_ .$ 38,953.50 Fred 16. Darwin, Solona Beach 37,714.2.5 Bond .to be to-tal of $5,000.00. . Bond to be 10% of Bid Bond w Hr, Fhelps announced the Cox Brothers bid qualifies as the lowest bid and outlined the procedure to be fqllowed in the processing of these bids. Can, Sutton offered a motion t'mt the bids be referred to the City Attorney and the City dngineer and then to the State Depart- ment of Highways to be processed and that the City Attorney be instructec .to prepare the contract for preseatation at the next Council aeeting. Seconded by Can. Helton. All ayes. Motion carried. I PLANNING COMMISSION: Memorandum from the Planning Commission dated September 19, 1955, recoamending approval of the final map of HARBOR PARK, subject to a satisfactory report from the Public Works Department and City Attorney and subject to a field inspection report by the Planning Commission representative. Mr. Kenneth Ebright was present representing EARCO. Public gorks Director Anthony stated that .everything is in and the Company has agreed to finance one-half of the cost of the black-topping. Cw. Sutton informed the Council that he should be disqualified from voting due to the fact that he is involved in a business relationship with the company and has received finan- cial remuneration. ~IZY. Robinson stated that he, also, should be dis- ,'3 qualified as he. is a part owner of the Company. Mayor Ede stated 4 that he felt that these council members, by having a business interest a d .in the subdivision, would consider the vote even more closely and 3 should be allowed to -vote Cmn. Heltsn moved-..that the Council accept 3 the reaommendations oft the Planning Commission and grant approval for the EAR130R PARK Subdivision. Subject to the approval of the City Attorney, and that the required signatures be authorized. Seconded hy Cmn. Sutton. Cm. Sutton offered an amendment to the motion: 'his being the 20th day of September, I would suggest that not later than September 27th, either approval or disapproval be given by the City Attorney. All ayes. Hot3on carried, Memorandum from the Planning Commission referring the Improvement Hap of Terramar # 4, as approved by the Planning Commission on March 8, 1954, to the Council for appropriate action. Public Works Director Anthony ex-plained that the map had been referred back to the sub- divider for more detailed inforuation as he had recommended that the cuebhng be installed and the water lines be increased in size from 4 to 6 inches. Mr. Wm. Cannon, the subdivider, was present and stated that the concrete curbs are in, extending to.the storm drain entrance, and space has been set aside for the sidewalk. The water lines have been increased to six inches as recommended, Steel piping has been used but Mr. Cannon stated it will be replaced with transite pipe when it is available, in approximately ninety days, Cmn. Robinson offered a motion that the Council accept the recommendations of the Director of Public Works'and the Planning Commission on Terramar # 4 Improve- ment May and final approval be given. Seconded by Cmn. Eeltan. All ayes, Motion carried. Cmn. Bobinson offered an .amendment to the motion as stated -- subject to- the installation of the water Piping as soon.as it is available, I Memorandum from the Planning Commission dated September 19, 1955, recommending the City enter into a contract with Gordon bu'hitnall and Associated for a master plan, at a total oontract price of $Z5,000,00. Corn. Engelmann, representing the Planning Commission, stated that it it hoped that the contract will be completed within a year and will be financed over a period of three years, Cm. Helton offered a motion that the Council instruct the City Attorney to draw up a contract with Gordon Whitnall Associates in acoordance with recommendations of the Blanning Commission . Seconded by Cm. Robinson, A11 ayes, Motion carried, I Memorandum from the Planning Commission, dated September 19, 1955, recommending approval of the application of Mr. Dale Goodwin for a special use permit for a dry cleaning plant to be located at 540 Grand Avenue. r Special; reference-was made to the requirements of the Health : and Safety Code Sec, 13-350 and upon the recommendation Of the.-Fire ., Chief that the applicant be made to comply with the ktiona1 ''ire Underwriters Board. The staff report from Gordon Whitnall Associates signed by Mr. Kay Kalicka was read and discussed, cmn. Helton moved that the COUVlcil grant this special use permit to Mr. Dale Goodlqin, 3- .in accordance with the recommendations of the P.lanning Commission and the Fire Chief. . Seconded by Cmn. Sutton. All ayes. Motion carried. recommending approval of the final map of POINSETTIA BEACH UNIT 8 1, with particular attention to the report of the Public Works Direotor and the Pire Chief. Public Works Director Anthony informed the Council ' that the 6" water main which he had recommended ha.d been changed and the maps initialed, and that everything appears to be in order. Cmn, Robinson moved that the Council accept the final map of Poinsettia Beach Unit # 1, subject to the recommendations of the Planning Commission and that the proper signatures be authorized. Seconded by Cmn. Sutton, All ayes. Notion carried. Memorandum from the Planning Commission, dated September 19 1955 City Clerk Ewald read a communication from the Park, Hecreation Beach and Tree Commission requesting permission to change the title of the Commission Zo "CAHLSBAD PARK AND RECREATION CONMISSION ,It for -purposes of simplicity. Cmn. Sutton moved that the name of the Com- mission be changed to "CARLSBAD PARK AND RECREATION COMPiISSIONtl and that the City Attorney be instructed to draw up an amendment to Or- dinance No. 1025 , Seconded by Cmn. Belton. All ayes. Motion carried. Ordinance No, 3005, requiring stop signs at designated locations, Public Works Director Anthony stated that this ordinance was deemed necessary as two accidents had occurred at the.intersection of Chin- quapin and Adams Streets, These and the other stop signs were recom- mended for installation by the Chief of Police, Public Works Director and the City Wanager after a. survey of traf.fic conditions in the areas. City Clerk Ewald read Ordinance No. 3016, amending: and ad6ing to Cmn. Sutton stated that he would like to see this handled on an administrative basis so that, in cases of urgency, the stop sign could be put in on a temporary basis until it could come before the Council. It was the decision of the Council that the City Attorney should sub- mit a report as to the legality of such prockdure, Can, Sutton moved the adoption of Ordinance No. 3016, amending and adding to Ordinance lo. 3005. Four Ayes: Can. Robinson, Helton Sutton, Hayor Ede. Absent: Crnn. Castorena. Ordinance adopted. Further discussion.was held OD the recommendations d' the Mater Advisory Committee. Crnn. Helton offered a motion that the Council instruct the City Attorney to draw up a proposal along the lines of the Advisory Water Committee's recommendations and have it for the Council's approval at the next meeting, Seconded by Can. Robinson. All ayes. Plotion carried. IvIayor Ede instructed the secretary to forwardletters of appre- Cmn. Sutton moved approval of the minutes of the September 6th meeting. Seconded by Cmn. Eelton, All ayes. Motion carried, C&. Helton moved the paydent of bills for the period from September 6th to 20th 2.5 &?proved by the department heads an&ertified by the Auditing Committee, Seconded by Cmn, Sutton. All ayes. Mo- tion carried. ciation to each member of this committee for their efforts, During the certification of the bills for payment, attention was called to a bill for the firm of Anderson and Robinson for maintenance work at the sewage disposal plant. Cmn. -&binson stated that he $s aware that, under the Municipal Code, as a.:member of the Council, he cannot legally contract.for City Work. He explained that the con- tract for maintenance of the sewage plant was entered into before his appointment to the council and, in order not to place a hardship upon the City, his Company would be glad to continue the maintenance under the remaining contract, which will resolve itself as soon as the new sewqge disposal plant is built, Cm. Sutton moved approva.1 of the payroll for the period September 1st to 15th as submitted by the department heads and certified by the auditing committee, Seconded by Cmn. Helton. A11 ayes. Motion carried. Mr. Parson representing the South bay Engineering Company, pre:. sented a brochure to !he members of the Council and' stated he would be very glad to arrange an interview with their engineer, in'the ne8r fu- ture, if the Council so desires. 1. I Ik'lembers of the iouncif reviewed their committee assignnents and Can, Hobinwcn accepted the -&rbor Assignment which Can. I*lcCZellan ha.6 at the time of his resignation. Mayor Ede a,nnou.nced that the other commfittee asslgnnents would be reviewed and discussed at the next meeting. *;inn. Helton moved for adjournment et 10 :20 P, IVI, Seconded by Can. %binSon , A11 ages. Meeting ad jsurned, EespectfulLy submitted, PI : 0 . E>JALD, S City Clerk ~PIII~YPIP=~~~~Q~~U~-~~~~~~~~~~~~~~ KIKUTES OF THE REGUllSiH MEETING OF THE " CAKLSBAD CITY SOUI'JCIL - OCTGBER 4, 1955 "he meeting was called .i;o order at 7:OO 3. 14. by kIayor Raymond. C, " Ede. Present besides the Ma.goy were Counci1~ma.n Castorem, Hobinson and Helton, City Clerk &dd, Lity Manager Xelsorr and City Attorney Smith. .Absent Councilman Sutton. The minutes of the September 20th m-eeting, 8,s previously sub- -$ ml.tted to members of the Council, were discussed an8 corrections r:~ noted, Cmn. Meltt30n moved the approval of the minutes of the September .: 20th. meeting 2.s comected. Seconded by Cmn. Robinscn, All ayes, Ct Mot Ion carried. .,7 City Clerk Elv~ald read the correspondence as follows: (I) Letter dated September 14, 1955, simed. by Governor Good- win J. Knight, designating Lhursday, December 1st as "Safe Driving ky" w,Lth mfety canlpaign to commence Novenber 1st. fl Mayor Ede announced thsrt he would like to appoint Chief of Police ' (2). Letter dated September Ijth, from Governor Goodwin J. Knight, U. Piax Falkowski as director for this campa.ign. announcing a Conference on Civ91 Eefense tc be held in Sacramento on October 13th and l4t'n. City Manager. JkZson suggested that Mr. Norman vihipple, civil Defense' Directoy for this ? rea, be authorized to a ttend this confer- ence, Estimated expenses for the trip are set at $75.00; for which func?s are available in the current budget, and the Police fepartment schedule can be arranged so that T/Ir. Whipple can be gone for those two da.ys, Cmn, Castorem, offered a motion that the Councfl authorize My, Norman Zhipple to att;ead. the convention and expenditure of $75.00 be, made in' order to defray expenses. Seconded by Cam. %binson. A11 ayes. Motion carried , (3) Letter from irk. ayrl. ID. Phelps, dated September 30, 1955, stating that Application KO. 2531, for the sewage disposal pia-nt, ha.s been appsloved in the amount of $51,505.00 and the city may proceed with calling of bids for this project, .............. .- .. City Attorney Srr,Lth. stated that, approval. on the sewer bono's, by - the firwof G;.'Eelvaney and Fiyers, must be received prior $0 the open- ing of the bids. " ... . ..... , ! (4) Letter f rcm Water PolluCion ,Control Board, dated Septentber 23 , 1955, czlling attention to the fact tha-t inadequately treated sewage from the Carlshad. Treataect PZmt is being passed into the lagoon: Special atte-ntion. Wag called to the 'fact' that this is in vio- Lation of Kesolution Mo'. 54-R6; .dR,te'd .June 29, 1955, ar?d requesting immediate steps to correct; the situation a.nd to prevent its recurrence be taken and the Board 2idvised as to the time and nature of steps taken . .. .-. .,. .- ... City Manager Nelson stated thrtt he had conferred with. b. Phelps upon receipt of the letter and Fir, Phelps had requested that four copies of the letter be made to be forwarded to the agencies wh.0 are holding uz, a,pproTra.l of the sewage disposa.1 plant-. In $he meantime, final approval of the plans 'have been received and completion of the