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HomeMy WebLinkAbout1955-10-04; City Council; MinutesI 3 4 3 3 1 5 I I e" e; .-. Members of the LounciL reviewed their committee assignments and Crnn. Robinson accepted the &rbor Assignment which Cmn, McClellan had at the time of his resignation. Nayor =e announced that the other committee assignments would be reviewed and discussed at the next meeting. Cmn. Helton moved for ad jotarnment at 1O:ZO P, PI. Seconded by Cmn, -dobinSon, A11 ayes. Reeting ad3surned. Respectfully submitted, X .- 0. EWALD t S City Clerk tPIll~lrZ131~~1U~~1~E~~~~~~~~~~~~~= PIINUTES OF THE REGULAR N.€3ETIrJG OF THE CARLSBAD CITY COUNCIL - OCTOBER 4. 1955 /I 'he meeting was called to order at 7:OO P, M. by Nayor kyrnond C. Ede. Present besides the Mayof: were Councilman Castorena, Robinson and Eielton, City Clerk Ewald, bity Wanager 8elson and City Attorney Smith. Absent Councilman Sutton. The minutes of the September 20th meeting, as previously sub- mktted to members of the Council, were discussed and corrections noted. Cmn, Helton moved the approval of the minutes of the September 20th meeting as corrected, Seconded by Cmn, Robinson. All ayes Motion carried 4 - City Clerk Ewald read the correspondence as follows: (1) Letter dated September 14, 1955, signed by Governor Good- win J. &:i.ght, designating Thursday, December 1st as "Safe Driving . Dayrt with safety campaign to commence November 1st. Mayor Ede announced that he would like to appoint Chief of Police ' (2) Letter dated September ljth, from (iovernor Goodwin J. Knight, U. 1%~ Palkowski as director for this campaign. announcing a Conference on Civil. Defense to be held in Sacramento on October 13th and 14th. City Ylna.ger Nelson suggested that Mr. Norman bihipple, civil Defense. Director for this x rea, be authorized to attend this confer- ence. Estimated expeases for the trip are set at $75.00; for which funds are available in the current budget, and the Police Department schedule can be arranged so that Nr. Whipple can be gone for those two days. Can. Castorena offered a motion that the Council authorize Xr. Norman Uhipple to attend the convention and expenditure of $75.00 be, made in' order to defray expenses, Seconded by Crnn . kblnson. All ayes , Motion carried . (3) Letter from i4k. "yrl D. Phelps, dated September 30, 1955, stating that Application No. 2531, for the sewage disposal plant, has been approved in the amount of $51,J05,00 and the City may proceed with calling of bids for this progect, - .., .. "._..., .....,.. City Attorney Smith- stated tbt- approval. on the sewer bonds, by . the f irmltof C'Kelvaney' aa-d Nyers, must be received prior to the open- ing of the bids, . .. , . __... - (4) Letter from Water Pollu$ion Control Board, dated September 23, 1955, calling attention to the fact tht inadequately treated sewage from the Carlsbad Treatment Plant is being passed into the lagoon: Special atte'nti'on- 'was 'called td -the .fact' that this is in vio- lation of Besolution 'No; 54;-R6; date-d 'June 29, 1955, and requesting immediate steps to correcO the situation a.nd to prevent its recurrence be taken and the BoaFd Wvised as to the time and nature of steps taken . _.__._-.. .~. .. ~ " ._ City Manager Nel'son stated tkt he had conferred with Mr. Phelps upon receipt of the letter and Mr. Phelps had requested that four copies of the letter be made to be forwarded to the agencies who are holding up approval of the sewage disposal plant., In the meantime, final approval of the plans have been received and completion of the 3 plant will be made as speedily as possible. City rslanager Nelson was instructed, by the council, to draft a letter to the lister Pollution Control Board and advise them of the action taken to d;rte and assure them that every effort is being made to expedite construction of the new sewage d'isposal plant, (5) Letter 'from Law Offices of Guthrie, Darling Shattuck, dated September 21, 1955, representing several property owners' unaerlying and adjacent to the lagoon, askingwhat method will be employed by the City for disposing of its sewage and expressing disapproval .of the pro- posed sewage disposal plant. City Manager Nelson reported that he had deferred action until the return of former Councilman C. D. McClellan who had participated in the meetings and discussion of the plant. It was the consensus of the Council that it had been advertised and all of the obj.ections to the plant had been thoroughly discussed previously. Mr. "elson will draft a letter to the law firm informing them of the Council's views. (6) Letter from Carlsbad Journal, dab4 October 4, 1955, asking that the Counoil advise as to what requirements are necessary for the extension of the alley between State Street and Roosevelt from Grand Avenue further North. City Attorney Smith stated that the City would require a policy of title insurance and also that the condition of the property be suitable to the City, It was pointed out in discussion'that in or- der to extend the alley, a turn-around would have to be provided and also, the sewer line which connects from that area, is on private property and would have to be dedicated to the City, The matter was referred to the Planning Commission and Director of Public Works for study and reconmendation. The "Notice to Invite Bids" for the sewage disposal plant was presented to the council for approval by the City Attorney. Iqovember 22nd has been set as the date for the receiving of such bids, Since- this date does not fall on a regular Council meeting date, tentative plans were discussed to hold the meeting on November 1st and adjourn to November 8th and that the November 15th meeting be adjourned to November 22nd in order to process the bids. Cmn; Robinson offered a motion that the Council advertise to invite bids for the sewage dis- posal plant as per the documents prepared by the City Attorney. Se- conded by Cmn. Belton. U1 ayes . Notion carried, Cmn Castorena reported that during, the League of Cities Conven- tion at San Francisco, he had conversed with a representative from the City of Fontana who had mentioned the fact that the City of Fbntana had'assigned tlChristmas Tree Fundsff to the City of Carlsbad. Since. no notice has been received on such funds, the City Manager will look into the matter. City Clerk Ewald read the Police Department report for the period from September 1st to September 3Qth, 1955-a.s follows: Arrests........;...............~ 6 Accidents....................... 14 Traffic Citations Issued. ....... 66 General cases.. ................ .1j6 The report of the Fire Department for the period from September 1st to September 3Oth, 1955 wiss presented as follows: Fires..b.............*.....*.... 5 Mutual Aid.................,,.,. 1 Average attendance at fires... .. 12 Business Meetings. .............. 2 Drill Neetings. ................. 2 .Average attendance at meetings.. .14 (State Forestry) .3 City Attorney Smith reported on the dissolution of the Public Utility District stating that he has received a copy of the new law governing such Districts and that, if themclusion of the North Carls- bad area. could ‘be effected, disincorporation of the district could proceed. City Nanager Nelson, announced recelpt of pemission from the State Highway Department to award the contract for the Elm Avenue Im- provement to the Cox Brothers Construction Company who qualified as the lowest bidder, Cm. Robinson moved that the Mayor be authorized to- affix his signature to the contract and same be forwarded to the Cox Brothers Construction Company along with a letter asking that the contract be signed. and returned ani3 suggesting it be expedited as much as possible. Seconded by Cm. Castorena. All ayes. Notion oarried. I 3 4 3 rz A - 5 I City Attorney Smith presented Ordinance No. 2020, adopting the Fire Prevention Code of the National Board of Fire Underniters. There was some discussion as to how the regulations on storage facili- ties would affect the Industrial Tract, also the Hercules Oil Company and- the Surburban Gas Company. . City Attorney Smith pointed out that Sec, 1.02 provides that, if the business is not a present hazard; it will be allowed to continue. Cmn, Castorena offered a motion that, with the reading of title and number of proposed Ordinance No. 2020, first reading be waived. Said Waiver to constitute first reading. Seconded by Cmn. Helton. All ayes. Motion carried. The City Attorney presented Ordinance No, 8018, amending Or- dinance No. 8015, permitting the use of asbestos cement sewer build- ing pipe. Can. aobinson questioned the contents of See. 1 listing the pipe for use inside and under structures and stated, it is his understanding, that it should not be used in place of cast iron pipe and should be Installed not less than three feet from the outside of the building, Cmn. Helton offered a motion that with the reading of number and title of Crdinance No. 8018, this constitute first reading with the deletron of Sec. 1 and Sec, 2 becoming See. X, See. 3 be- coming Sec. 2 and so forth. Seconded by Cmn, Castorena. A11 ayes. Motion carried. Ordinance No. 1026, amending 0rdinance”o. 1025, providing for change of title of the Park, Recreation, Bemh and Tree Commission, was presented by the City Attorney. Can, Castorena moved that, with the reading of title and number of Ordinance No. 1026, this consti- tute first rea.dfng. Seconded by Cmn. Eelton. All ayes. Motion carried, It was reported that the proposal for purchase of the Carlsbad IjIutual Water Company is not ready for presentation and will requ$re more time for preparation. The document will be completed and sub- mitted to the Council for consideration before the November 15th meeting of the Mutual Board of Directors. A report from the City Attorney as to the legalitx of erecting STOP SIGNS on a temporary basis, was read by the City blerk. Beport indi&ted that, uhless such a STCP sign is direoted by a duly -elected body, it would beeffective but would not be enforceable, Iyernbers of the Council reviewed their individual committee assignments. City Manager Nelson reported that the lease on the tiarbor is I still in the negotiating stage and a meeting will. be arranged with the Harbor Commission Chairman to obtain their approval of the lease prior to submitting it to the San Diego Gas and Electric Company for consideration. -City Attorney Smith offered an opinion on the status of the con- tract between the City and the firm of Anderson a.nd Robin.son ’of which Councilman 2obinson is a partner. It was his decision, after a review of the Government Code, that, since i4r. Robinson was not instrumental in negotiating the contract, and at the tine such contract was made Nr; Robinson was not a part of the City Council, the contract should be allowed to continue. It was emphasized that there is no existing contract as to amount of labor involved but was rather a labor main- tenance arrangement with the old Sanitary Board which was entered into verbally. 34 It was reported by City Manager Nelson that the.qwoposed lease on the parcel East of the City Hall, for agricultural purposes, had been dropped as Mr. Sanchez had decided against planting this late in the season. City Attorney Smith presented a Permit, allowing a structure at Tierro Del Orro which will encroach upon a dedicated street of the City of Carlsbad. The only changes made in the original plan, as submitted by the Pacific Investment Company , is the elimination of the overhead pillar and the decrease in the height or the structure. As prior authorization had been given for the encroachment, there was no further discussion on the permit. A permit- was presented by the City Attorney for a triangle bounded by Lincoln, Carlsbad Blvd. and Oak Street which is owned by PIP, Virgil Hoover; such permit issued as a matter of record as the buildings at that location encroach upon City dedicated streets. 3-m. Castorena moved the Council grant this pez-mit to Mr. Hoover author- izing the use of the triangle bounded by Lincoln, Carlsbad Blvd, and Oak Street. Seconded by Crnn. Robinson. All ayes, Ivlotion carried. City Manager ifelson reported that he has been working on the ad- ministrative ordinance and individual records of' City employees for payroll purposes. In reviewing the ordinance, he noticed the vaca- t9on-allowance :is presently stated as E days permonth and asked the Council to clarify. this allowance as to whether it concerns working days or calendar days. He also pointed out that eight holidays have been granted to employees, Members of the Council reviewed a chart listing the holidays and vacation allowances of City organigatfons in this general area, It was generally agreed that the 1% days,.as set forth in the ordinance, was originally intended as two weeks allow- ance per year as vacation privilege, By common consent, the Council approved the granting of the eleven holidays as listed in the State Code, In order that the City of Carlsbad will be in conformity with Oceanside and the other government agencies in the surrounding area. - There was-some discussion on Social Security and retirement benefits but no action can be taken until the State is in a position to accept new applications. B resolution,accepting three easements in Block "A" of the Palisades for drainage purposes, was presented for proper signatures, City IYlanager 'Nelson requested permission fron the Council to establish a policy to permit the installation of street lights-where necessary for public health, safety and morals, with a limit of ten installations. Such installations can be made at a cost to the City of $4.80 per nonth for each light. Exact locations ha-ve not been de- termined but the area on Roosevelt Street, just South of Elm Avenue has been recommended as a location. Cmn. Castorena offered a motion that the City Manager be authorized and empowered to install street lights as he deems necessary, up to ten lights, until such time as the Council wishes to change this authorization. Seconded by cmn. Belton. All ayes. .Mction carried. Cmn, Kelton moved approyal of the payroll for period ending Sep- tember 3Oth, as submitted by the City Clerk and certified by the aLtditing committee. Seconded by Cmn. Castorena. All ayes, Motion carried. Cm, Castorena moved the payment of bills, as presented by the Gity Clerk and approved by the auditing committee, for the period September 20th to October bth, 1955. Seconded by Cmn. Helton. All ayes. Motion carried. Cmn, Heltoa moved for ad joumment and it was seconded by Cmn, Castorena, Meeting adjourned at 9:20 P, itl. 1 Respectfully submitted, S M. 0. EWALD, City Clerk """""""""" """""""" """""~"""""-""-.".---~- ! IUULJULJ 2 WHEREAS,, VIRGIL HOOVER is the owiwr of a triangular pieceo . of property bounded by Lincoln Streets Carlsbad Boulevard and4 b<L"( Plrte Av&nuet a«$o g ViliHRHAS. said property contains certain structures and „ Improvements, portions of which encroach upon the dedicated 8 of the City of Carlsbad that bound said property; and Q WHEREAS, &aid encroachment of the buildings does net 10 •<•* NGv/ff THEREFOREs the City Council acting In behalf of the ^2 City of Carlsbad does hereby grant a permit to YXHGXL IPOVEH, his 13 heirs4 executors or assigns, to maintain the structures that 14 presently encroach upon the property heretofore described, as such 15 structures presently exist. It bein$ an expressed condition of 16 this permit that said structures shsll not be enlarged so as to 17 further encro-sch upon City property at any time subsequent to thic 18 agreement* This permit as given to said Virgil Hoover shall be 3_9 revocable at the sole discretion and .option ol the City of Carlsbad 20 at any tirade hereafter, provi4©4 that the City ol Carlsbad shsll 21 give thirty (30) days notice to the owners of such structures to 22 remove the &ame, It is a further condition of this permit that 23 the owner of the encroaching structures shall hold the City hazn- 24 less from any and all liability x*suiting fxora such encroachment 25 upon the dedicate streets of the City of Carlsbad. It is a further 26 condition o£ this pexmit that all tenant® or sub-tenants in oc» 27 cupancy of the p^ssi^«'S shall be given notice of this permit. 28 OATH) this ....#.. day Of £ cj ^ f 1955. 29 CITY OF CARLSBAD 50 ATTESTS BY 31 *^u . ^ v / 32 ^- Q\SWAtD, City Clork THE TERI.1S AND CONDITIQNS OF THE FORBGOIHC PERMIT ARE HERDVITH AXEPTEO. Is-o c