Loading...
HomeMy WebLinkAbout1957-01-02; City Council; MinutesQ.r G.6, .J Cmn. Baird moved ratification of the payroll forthe first half of Decem- ber, in the amount of $5574.02, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn, iiobinson. All ayes, motion carried. The meeting was declared adjourned at 10:15 P. Me V Respectful y submitted, WATALIE VERMILYEA 7 -2 -24 "?-&dl Deputy'City Clerky -~ ""_"""" """---------------- (out of MINUTES OF ADJOURNED MEETING OF CAPLLSBAD CITY COUNCIL sequence) December 14, 1956 Meeting called to order by Mayor Castorena at 7:OO P. M. No legal quorum being present, the Mayor declared the meeting .adjourned at 7:15 P. M. &c..- - Y&h"."-/7- espectfu submJtted , NATALIE VERMILYEA V Deputy City Clerk ""_""~""""""""""-~"-"-- 9 MINUTES OF REGULAR MEETING OF CAF\LSBAD CITY COUNCIL January 2, 1957 Meeting called to order at 7:OO P. M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Robinson, Baird, Ledgerwood, Helton; City Manager Nelson, Public Works Director Anthony, City -Engineer Kubota, Police Chief Palkowski . Cmn. Robinson moved that minutes of the meeting of December 18, 1956, be approved as written. Seconded by Cmn. Ledgerwood. All ayes, motion carried . WRITTEN CORRESPONDBNGE. (1) Letter. from Carlsbad Chamber of Commerce enclosing receipt for SO$ paid by Glenn Feist, balance due on brochures.. Filed. (2) Letter from Dr. Roy Palmateer registering complaint re: cffensive odors emanating from sewage disposal plant, and urging that steps be tak- . en immediately to corr'ect same. Mr. Nelson reported that a check with people of that neighborhood (Granville Park area) indicated that the sit- uation had improved noticeably since use of the new chemical a-t the plant and that further steps as recommended by the City Engineer are being take toward reducing the objectionable odor. He was asked to reply to the let ter, advising complainant of what is being done to alleviate the situatic (3) Report from State Controller's office advising amount of motor ve- hicle license -fees now bwing the City as second installment- of 1956 tax ($2818,00) . CKAL COMMUNICATIONS. William Baldwin, 1031 Palm Avenue, brought before tk Council an urgent sewage disposal problem, stating he has been refused a permit to connect to the sewer on Pi0 Pic0 through an easement retained k him for this purpose at time of sale of Pi0 Pic0 frontage, except upon payment of the $3.00 per front foot line cost for his entire frontage on Palm (130 feet). He stated his problem is critical, due to failure of hi septic tank and all efforts to restore same, and proposed to pay the $50.00 capital contribution cost and agree'to pay the line cost when the line is extended along Palm, if permitted to connect on Pi0 Pic0 at this time. Mr. Nelson stated he had suggested Mr. Baldwin's appealing to the Council under Section 10 of Ordinance #7020, since no legal method could be found to grant the permit without payment of the line cost. Further discussion'was postponed to permit holding of a scheduled hearing. HEARING - ZIMEERMAN-SCHLAGEL PUBLIC NUISANCE. Hearing was resumed on thj matter, continued from the meeting of December 4th. Neither defendant nc their attorney was present. After review of the Not-ice of Public Hearing and the correspondence in the matter, Mr. Banta of the Public Health De- partment reported that work on the Highland Drive property has progressec satisfactorily but inspection of- the premises indicated that trash is again accumulating. On Basswood, some cleaning up had been dona and one I YJ p-d a a. e 2 I I e 'ti building partially razed, but the property is reported to be in escrow and the question was raised.as to whether the new owner would be legally ob- liged to continue the operations. The City Attorney stated he felt that since the proceedings were properly posted and .published, they would be maintained r through the new ownership. Mr . Banta suggested that the hear- ing be again deferred to give the new owner opportunity to .continue im- provement operations. Cmn, Robinson moved that the hearing be continued to February 5th at 7:30 P. M. Seconded by Cmn. Helton. All ayes, motion carried. Mr. Westree, Park Superintendent, stated he had talked with Mr. Zimmerman re: removal of some of the thick growth of cypress trees in front of the Highland Drive property, and that Mr. Zimmerman was opposed to any removal except topping, to the point where he threatened to shoot anyone attempt- ing to take out or thin the growth, Mr. Westree reported that two of the Tree Committee members had inspected the trees and agreed that they should be thinned out, and their written recommendation was read by Mr. Nelson. Cmn. Helton moved that the recommendation of the Tree Committee be ap- proved. Seconded by Cmn. Baird. All ayes, motion carried. Discussion was resumed on the Baldwin sewer connection matter. On the question as to whether Palm. Avenue could be connec'ted to the sewer system, consid'ering the shallow depth of the line at that point, Cmn. Ledgerwood stated that at the time of stubbing the sewer through under the Freeway, Palm Avenue was figured as bai.ng accessible to the line. Mr. Glenn Feist, attorney for,. Mr. Baldwin, suggested that he and the City Attorney be auth- orized to work out some type of agreement allowing Mr. Baldwin to connect through his easement upon payment of the $50.00 capital contribution charge and his promise .to pay the line cost, proper-ly secured, at time of extension of the line along Palm, Cmn. Helton moved that the City Manager ,be authorized to sign an agreement to permit William Baldwin to connect to the sewer on fio Pic0 through an easement, on the basis discussed. Second ed by Cmn. Baird, All ayes,, motion carried. There was some discussion re: ra.ising the $3.00 per front foot line cost for sewer extension, since the City is losing money on installations at the present rate; and Mr. Anthony and Mr. Kubota were requested to work out recommendations for the Councills consideration. AMENDmNT TO SEPTIC TANK ORDINANCE. The Council discussed amending the se.ptic tank ordinance to require all cases of new construction and/or fail ure of existing facilities within a distance. of 200 feet of existing sewer system, to connect to the public sewer. Cmn. Robinson moved that the City Attorney be instructed to prepare an amendment to the septic tank ordin- ance to require connection to the public sewer system of all new construc- tion and cases where existing septic tank facilities have failed, within. a distance of 200 feet of existing. sewer lines. Seconded by Cmn. Baird. All ayes, motion carried. Regarding proposed 1911 Act proceedings for sewer extension on Oak Avenue, the City Attorney stated that by having the Public Health Department de- clare the sanitary situation an Oak Avenue a health menace, the Debt Lim- itation Act can be avoided and considerable time saved in the proceedings. City Manager Nelson read proposed Resolution #233, declaring sewers a necessity on Oak Avenue and requesting the Public Health Officer to in- vestigate the matter and recommend installation of sewers. Mr. Banta of the County Hcalth Department was present and stated he was more or less familiar with the situation in that area and 'his Department would follow through on the normal inspection procedure and forward a written recommend ation. Crnn., Helton moved the adoption of Resolution #233 as read. Second ed by Crnn. Ledgerwood, Five ayes, no nays, Resolution adopted. " After,a 15-minute recess, the Coupcil was reconvened at 9:30 P. M. Nr.. Nelson announced that a. quantity of the small street maps costing IO# each, and of the larger size, costing $1.30 each, had been received; and recommended that the small size maps be given away for public relations purposes and the larger size sold to interested parties at $2.00 each. After discussion, Cmn. Robinson moved that .the City be authorized to sell the large size maps (4001 to the inch) at $2.00 each plus sales tax, and that the smaller maps (1000' to the inch) be given away. Seconded by Cmn. Ledgerwood. All ayes, motion carried . STREET LIGHTS, The City Manager reported that the San Diego Gas t3 Electri Company hopes to begin installation of -the 55 new street lights in Car.lsba by the middle of January and complete the work by the end of February. STORM DRAIN AGREEMENT. -3- Mr. Nelson summarized an agreement with the State Division of Parks and Beaches granting permission to install storm drain at the State Parlk Beach to provide drainage for the low area adjacent to the Real Deal Market. Cmn, Robinson moved approval of the agreement, and that proper sign'atures be authocized, Seconded by Cmn. Helton, All ayes, motion carried, Mr. Nelson reported. that the State Division sf Highways has indicated ap- proval of the use of $2000.00 in gas tax funds for employment of a person to establish grades in the City, and that an agreement will be forwarded for City signatwres, He stated that such a person has been found and his background and qualifications investigated; and it was therefore recommend- ed that the position of Engineering Aide at Rate 15 be established, to be accomplished by adoption of Resolution #234 amending Resolution #210. At the same time it was decided to include. in the Resolution establishment of the position of Desk Officer in the Police Department at Rate 9. Cmn, Helton moyed the adoption of Resolution #234 amending Resolution #210, establishing Rate 9 for Desk Officer at a salary rang of $296-$360, and Rate 15 for Engineering Aide at a salary r,ange of $397-$483. Seconded by Cmn. Baird. Five ages, no nays, Resolution ,8234 adopted, HARBOR COMMI'SmJ APPOINTMENTS. Mayor Castorena offered for appr'oval of the Council the appointments of Ben Schelske and Leonard Snyder to the '', : Carlsbad Harbor Commission for a term of four years commencing January 1, 1957, and terminating January 1, 1961, Cmn, Robinson moved ratification of the two appointments to the Harbor Commission as submit-ted. Seconded by Cmn. Helton, All. ayes, motion carried. WATER COMPANY PURCHASE, Mayor Castorena reviewed two proposals for pur- chase of the Carlsbad Mutual Water Company: (1). issuance of script to be accepted in payment of water bills, and (2) general obligation bond issue, Ciscussi.on developed a third proposal which might be made - purchase for $10,000.00 cash. Municipal Wahr District president Bill> Fry and Directors Max Fwald, Allan Kelly, W, W. Rogers and Pat Zahler were present and joined in the discussion, Mr. Fry stating that the District would like to have the matter settled before their pipeline is completed, for integration reasons. It was suggested and generally agreed that confusion and indecision on the part of the shareholders would be minimized by submitting only one offer to the Mutual Company to be presented for the shareholders' approval. Robert W, Hardin, Secretary-Manager of the Mutual Company, stated he be- lieved the majority of the stockholders would be in favor of sale to the City, but stressed that the City should figure on rehabilitation in their cost estimates, V, h'. Rogers recommended that the City make an offer to the Mutual and one to,Terramar Water Company of a proportionate amount, according to the ap- praisals, as he b,elieved the Gas Company would be. strongly opposed to the City purchasing the Xutual and not Terramar, in view of the fact that they would pay approximately 57% of the cost and cannot be served water from the San Luis Ray wells. YP, Dewey McClellan stated he felt it would be extremely difficult to float a $900,000 bond issue ($500,000 to buy the Company assets, $400,00 'for re- habilitation) to pay for something the people already own; that it takes an element of urgency to pass a bond issue, citing the case of the Municipal District water bond issue, more urgent than the present case, which had to be presented three times. He pointed out that some of the larger share- holders are non-residents, and many residents who would vote on a bond is- sue are not property owners. Bill Fry .asked about the status of North Car1,sbad ani the City Attorney stated thatathe City would be required to furnish water to that area. Cmn. Ledgerwood expressed himself as believing the water shares have value l and the City should expect to pay,for it, Allan Kelly stateid he felt $25O,OO per &are too high; that quite a lot of the stock has bee.n sold at $lOO,OO per share, and that if -it is built up too much the bond issue will fail, Cmn, Baird pointed out that Mr. Cannon has no franchise to sell -water and if they are unwilling to consider the price offered, there would be no legal obstacle to prevent the City from serving the Gas 6 Blectric Company and Terramar (Colorado River water) . Begarding the $10,000,00 offer, the City Attorney stated that if the offer Were made and a majority of the shareholders would consent, the Mutua1 ? Company could sell to the City for that price. Cmn, Robinson brought out that the Water Company has opsrated at a profit over the past year, that the book value has increased~%from $750,000,00 to $1,000,000,00 and it is no longer in the.condition of three years ago when they were denied a loan, I After lengthy discussion, Cmn. Helton moved that, subject to the passage of a bond issue, the City Council offer to the shareholders of Carlsbad Mutual.Water Company, to purchase the entire assets of the Carlsbad Mutual Water Company for the sum of five hundrad thousand dollars ($500,000.00); that the contract of purchase contain guarantees for the continuing servic of water to North Carlsbad, with substantially the same rates being charge as for the area within the City -of Carlsbad; containing a restriction that the water produced in San .Luis Rey wells will not be distributed south of the area outlined in "Exhibit Dv in the contract between the City of Oceanside and the South Coast Land Company; that the City of Carlsbnd woul covenant to impose a connection charge in an amount to be hereinafter de- ternined by the City Council for the connection of non-stocked lands with- in the Mutual service system to the facilities of the llutual Water Company that this offer be open for acceptance for a period of six (6) months. Seconded by Cmn. Ledgerwood,. Four ayes, no nays, Cmn, Robinson abstaining Motion carried, '' Don Short, engin.eer. for the Municipal Water District, asked whether the 5-4 City had explored the possibility of using revenue bonds rather than gen- 2 eral obligation bonds or script, pointing out that revenue bonds could be 9 amortized from existing revenues. He brought out khat the Mutual pays 2 $30,000 in taxes each.year, which a municipally-owned company would not have to pay, and that it,would require only in the neighborhood of $25,Q00.00 to amortize a half-million dollars in revenue bonds; that it requires only a simple majority to vote revenue bonds; and it would permit the payment to the stockholders in cash;$,it would eliminatq any objection of the Gas ComFany to general obligation bonds; and it does 'not restrict the general obligation bonding capacity of 15%. Mr. Short was thanked for his comments, Mayor Castorena stated that Judge Cottingham had asked whether the Council wished to go,.on record as desiring the name of Oceanside Judicial-District changed to Oceanside-Carlsbad Judicial District. The City Manager was in- structed to reply, thanking the Judge and stating that the Council is will ing to leave any change of name up to the Court's discretion, Proposed Ordinance #lO32-A, amending the Harbor Commission Ordinance (1032 to provide that appointments be made by.the Mayor and approved by the City -Council, was sfimmarized. Cmn. Eelton moved that this constitute first ' reading of proposed Ordinance flO32-4. Seconded by Cmn, Robinson. All 'ayes, motion carried. I The Mayor submitted the name -of R, W. Hardin, Fire Chief, for appointment . as representative from the City to the Don't Waste Water Committee, since the resignation of Cmn. Baird. ' Cmn, Helton moved approval of the appoint- nent of R. It7. Hardin to the Don't Waste Water Committee. Seconded .by Cmn. Ledgerwood,. All ayes, motion carried, i Re: the proposal to issue an annual report-to the citizens, discussed briefly at the last meeting, Nr. Nelson stated he had received a sugges- tion of putting out a five-year report in July instead of a yearly report at this time, and asked the Council their ideas. By common consent the City Manager was authorized to proceed on that basis. There was, a brief discussion re: relative advantages of 1911 Improvement Act, and the 1939 Municipal Sewer District Act proceedings for public im- provements (sewers), Mr. Nelson stating he felt the l9ll Act more equit- ab1.e than the 1939 Act, which is based strictly on assessed valuation, and that he believed general cibligation bonds should be reserved f-or city-wide improvements rather than local items, pointing out that the tax rate on 1931 Act proceedings for sewer extention in the Carlsbad IIighlands area would be in the neighborhood of $2.00 on account of the substantial amount of vacant propsrty. The City Attorney stated that if the area were all built up, the 1939 Act would be ideal; but that the property-owner does not have the option of paying off the bond as in 1911 Act proceedings, and also, voters, regardless of status, vote on 1939 Act bonds, but property- svners only pay for them, Cmn. Baird moved authorization of payment of Sills from December 18, 1956, to January 2, 1957, inclusive, in the amount of $7,985.17, as certified b3 the City Manager .and approved by the Auditing Committee. Seconded by Cmn. 6 Robinson. All aiyas, motion., carried, Cmn. Bai.1-d moved: ratification of payroll for iast half of December, . amounting. to,$4,719.43, as certified by the Director of Finance and ap- proved by the Auditing Committee. Seconded by Cmn. Robinson. .All ayes, motion carried. The meeting was declared adjourned at 1l:ZO.P. M. .. V 3eputy City ~lerg ""i"""""""""""""""" MINUTES; OF REGULAR MEETING OF CARLSBAD CITY COUNCIL January 15, 1957 Meeting called to order"by Mayor' Castorena at 7;OO P. M. Present besides the .Mayor were Councilmen Ledgerwood, Robinson, Helton, BaiPd; City Mana- ger Nelson, City Engineer Kubota, City Attorney Smith, Cmn. Robinson moved approval of the minutes of the meeting of January 2nd with a minor correction. Seconded by Cmn. Ledgerwood. All ayes, motion carried. WRITTEN CORRESPONDENCE. (1) Letter from Assemblyman Sheridan Hegland offering assistance on any proposeg legislation. Filed. i (2) Letter from Office of the Count'y Assessor suggesting that each po- litical subdivision appoint a representative to meet with him periodical- ly on. tax,matters, for liason purposes. Mayor Castorena suggested that the City Manager act in that capac'ity until such time as an accountant is hired. Can. Robinson moved that City Manager Nelson be appointed as . a representative to meet wit.h officials of the County Assessor's office in the capacity of liason officer between the County and City, as re- quested. Seconddd by Cmn. Helton. .All ayes, motion carried. (3) Letter from the Carlsbad Chamber of Commerce.expressing apprecia- tion for ,the.City's oo-operation (a) in postponing the Elm Avenue im- provement, and (b) for painting the white, lines in the streets. Filed. Mr. NelTon commented that he had received a request from a citizen to be heard in connection with the increase in license fee for laundry trucks; but that the man had not yet arrive&.- .. .. PLANNING COMMISSION. (1) Tentative m4aD - PACIFIC TERRACE .- Earco. Memorandum was read from the Planning Com:mission recommending approval of the tentative map of PACIFIC TERRACE subdivision, subject to following conditions.: a.8 That waiver be granted' of the standard right-of-way-width from Ga:tifield Street 150 feet east, from 50 feet to 47 feet, w:ith paved portion to be the same as required for a , 50-foot right-of-way. b. That the recommendations 'of the Public Works Director and City Engineer be accepted on the disposition of the water drainage from the subdivision, letters directed to the Planning Commission by the Direct-' .or of Public Works, Carlsbad Mutual Water Company, Depart- ment of Public Health, and the Fire Chief. c.. Further subject to the recommendations contained in the Reports of the viarious agencies named. were read, Planning Commissioner Jarvie was present and gave a summary of the Planning Commission discus- sion on the map. Mr. Dewey McClellan was present on behalf of the subdivider and stated that the Planning Commission recommendation and conditions imposed are fully acceptable. After discussion, Cmn. Helton moved adoption of Reso- lution #235, accepting the recommendation of the Planning Commission and approving the tentative map of PACIFIC TERR4CE with the conditions im- posed. Seconded by Cmn. Baird. Four ayes, no nays, Cmn. Robinson ab- staining, Resolution adopted. (2) Memorandum from the Planning Commission, recommending that the Coun- 8 :Ci1 designate Tamarack Avenue as a major street, with 84' right-of-way, I