HomeMy WebLinkAbout1957-04-16; City Council; MinutesLl :' c, $4 4 .
nominated Cmn. lidton for Vice Mayor. Seconded by Cmn. Baird. Cmn. Robinson moved that nominations be cl-osed. Seconded by Cmn, Baird. Four ayes, no nays, Crnn. Helton abstaining, motion carried.
Crnn. Baird moved that the nominees be declared elected as proposed. Seconded by Crnn. 1,edgerwood. All ayes, motion carried.
Cmn. Baird moved authorization of payment of bills for the period from March 28t,h t,o April Znd, iaclusive, in the amount of $7,069.43, as cer- tified by the City Manager and approved by the Auditing Ccmmittee. Seconded by Can. Robinson. All ayes, motion carried.
Cmn. Baird moved ratification of the payroll for the last half of
March, 1957, in the amount of $6,628.18, as certified by .the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Robin-
son. All ayes, motion carried.
After a 15-minute recess, during. which Cmn. Ledgerwood was excused, the
Council was reconvened at 8:30 P. li.
- HARBOR CONMISSION. Recommendation was read that two men be sent to San- ta Barbara on April 5th to attend the meeting of the California Nar.ine Parks & Harbors Association re,: harbor legislation. After discussion, Cmn. Baird moved that two men selected by the Harbor Conmission be sent to the meeting at Santa Barbara on April 5th. Seconded by Cmn. Helton.
All ayes, motion carried.
Fiarb-or Commissioner Waiters turned over to the City Attorney a.:revised
copy o,f the harbor rules .and regulations, for redrafting of the urgency
ordinance. Cmn. Baird reiterated his objection to allowing racing on
the lagoon, but Comm. Idalters stated the Commission felt that a complete-
ly balanced program should be recommended and the Council could then .
limit the permitted activities as they see. fit. Cmn. Robinson asked re:
financial responsibility and there was some discussion, the City Attor-
ney stating that the matker could be legislated.
Crnn. Helton movsd for adjournment, Can. Robinson seconding. All ayes,
meeting adjourned at 9~0.5 P. M.
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ya?cplly, Fitted,
NATALIE VERMX EA-
/---" 6".
V Deputy City Clerk
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- MINUTES OF RBGULAK MEETING OF CAKLSBAD CITY courxn
April 16, 1957
Pfeeting called to order at 7 :00 P. M. by Mayor Castorena.? Present beside!
the Mayor were Councilmen Ledgerwood, Robinson, Uslton, Baird, City &lanag<
Nelson, City Engineer Kubota.
fhn. Robinson moved approval of minutes of the adjourned meeting of March 27th as written. Seconded by Cmn. Helton. All ayes, motion carried.
Cmn. Ledgerwood noved approval of minutes of regular meeting of April 2nd as written. Seconded by Cmn. Baird. All ayes, motion carried,
WRITTEN CORRESPONDENCE:
(1) Letter from San Diego Chamber of Commerce urging attendance of Counci
members and City officials at a Planning Clinic to discuss area developmen
problems, to be held April 24th at El Cortez Hotel, San Diego, 9:CO A. N.
to 4:30 P. M.
(2) Letter from the State Division of Highways, Sacramento, re: Freeway
study, advising of the setting up of an advisory committee of County and
City officials, including 0. W. Campbell, City Manager of San Diego, and
requesting suggestions from City officials.
(3) Letter from California Disaster Office, signed by W. X,. Roberts, rt3:
recommendation that Chief Administrative officer of County be appointed
County Co-Ordinator of Civil Defense .
(4.) Letter froy Carlsbad Ghamber of Commerce requesting appointment Gf
several persons representing the City to work with a Chamber committee ap- pointed to take up with the Division of Highways matters pertaining to the
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Freeway re-routing. The City Manager and City Engineer were so desig-
nated ,
(5) Letter from W. RoyJPace raising certain objections to the plan for
purchase by the City of the Carlsbad Mutual Water Company to be financed
by bond issue. Deferred until later in meeting when the proposed pur- chase will be discussed.
(6) Letter from Denny Yood reporting on meeting at Anaheim re: Urban Renewal housing improvement program sponsored by National Association of
Home Builders, attended by Cmn. Helton, Police Sgt. Castro, B, Christian.
sen, and himself; and asking that a steering committee somposed of the
above-mentioned persons be appointed to study and organize the progpam
in Carlsbad. Cmn. Helton expressed himself as being highly in favor of
such a program. It was brought out that a committee headed by Mr. Ed
Zahler wasappointad several years ago to study this problem and make
recommendations; and the City Mariager was asked to gather any data con-
tained in the City files for use by the Committee in setting up the pro-
gram .
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PLANNING COMMISSION. Mr. Nelson read Resolution #lo of the Planning Corn
mission recommending reclassification from R-1 (18,000) to R-1 (7,500) of Blocks G and H, BELLA VISTA, and a portion of Block I, RANCHO AGUA
HEDIONDA, in accordance-with the application of Alma Haylings, 4015 Park
Drive. After a brief discussion, Cmn. Robinson moved adoption of &so-
lution #254 accepting the recommendations of Resolution #10 of the Plan-
ning Commission, and approving the reclassification as applied for,
Seconded by Can. Ledgerwood. Five ayes, no nays, Resolution adopted.
Mr. Nelson read Resolution #9 recommending amending tow Ordinance #go60
changing wording of Section 8507 by adding "at the rear line of the re.-
quired front yard"; also Resolution #11 recornmending addition of Section
1101.4 re: restrictioh of signs, and Section 1501.1 re: limitation on
issuance ot building permits, as set forth in the recommendations. Crnn. Robinson moved that the City Attorney be instructed to draw the necessar; amendments recommended by Xesolutions f9 and #ll of the Planning Comnis- sion. Seconded by Cmn. Ledgerwood. All ayes, motion carried,
SOUTH CAKLSBAD ANNEXATICN #1. City Nanager Nelson reported that at the
informal meetfng with property owners in the proposed. annexation it de-
veloped that a.majority were not in favor of the annexation at this time,
but that- Carlshad Industrial Development and Mr. Fair expressed their
strong desire to be annexed. After some discussion, during which it was
brought out that no written protests had been filed, Crnn. Baird moved
that proceedings on South Carlsbad Annexation #1 be terminated; that
post-card notices of termination be sent out to those notified of the
proposed annexation. Four ayes, no nays, Cmn. Robinson abstaining, mo-
tion carried. The City Manager was instructed to proceed as requested by
Carlsbad Industrial Development and Hr. Fair on plans for annexation of their land. It was pointed out that the owner of land now under option to Carlsbad Industrial Development may consent to inclusion of that land in the annexation.
WATER COMPANY PURCHASE PLAN. Pk. Nelson reported that work is progress-
ing on processing vote cards which are in improper or incomplete form as
to signatures of pledgees or co-shareholders, and that personal and tele-
phone contacts would be made and possible a special letter sent to 0u.t-
of-town shareholders; that, it is felt that 1000 votes will be received
altogether.
Mayor Castorena stated it is his understanding that the Council has ten-
tatively agreed to use a revenue type bond issue; that they will stand
firm on the $500,000.00 offer made, and that the payment will be made in
cash. Cmn. Robinson and Ledgerwood commented that they thought the gen-
eral obligation bond was still under consideration. Cmn. Baird stated
that everybody in Terramar and the San Diego Gas & Electric Company would
vigorously oppose a general obligation bond, and the City Attorney stated
that a general obligation bond could not be used for purchase of the Mu-
tual only.
Cmn. Robinson stated that on Tuesday, April 23rd,,at 1:OO P. W. at the Water Company, a meeting of a shareholders' committee will be held, out
of which some recommendations or suggestions should corn, and he suggest-
ed that the Council await results of that meeting before making any def-
inite decision in the matter. It was suggested that Mr. Pace's letter
be taken note of and Mr. Pace invited to attend the shareholders' meeting
Denny Wood stated that Mr. Pace has volunteered for the Committee.
Cmn. Ledgerwood suggested that the City Attorney prepare a s.tatement
outlining the different types of financing, but Mr. Smith asked par- mission to defer this until it is established whether it will involve
only the Mutual or both the Mutual and Terramar.
Cmn. Robinson skated that Mr. Lough had raised three points: (1) price; (2) method of financing (type of bond issue) and (3) inclusion
fee for non-stocked property; and that these t&ee items will probably be discussed and a decision or recommendation arrived at at the commit-
tee meeting, Clmn. Baird commented he believed Mr. Lough and his group
were not so muclh interested in getting an inclusion fee as they are in
preserv'ing the rights of the present stockholders in San Luis Rey water
in case of an emergency, so that the presently stocked lands would
never lose priolrity to San Luis Rey water.
Cmn. kobinson aisked whether it would be possible to consummate the sale
with strings attached, The City Attorney stated it could be done by
virtue of the reduced purchase price, accompanied by a contract between
the City and Murtual; that if full value were paid, they could retain
nothing.
Mr. Nelson- suggested that perhaps the question' of why the stock could not be given awiay could be discussed at the Mutual meeting and Mr.
Eberhard might explain why it could not be done. He suggested the poss- ibility of some shareholders not voting now might vote to give the stock away, Council members were'urged by Cmn. Robinson to attend the meetjng of the :Mutual shareholders on the 23rd, and the possibility of holding a special meeting of the Council onoAApril 30th to discuss the
major points and whatever reconmendations might come out of the share- holders' meetin,g.
HARBOR COMMISSL~.
given a copy of the rewlations but had
Mr. Nelson stated the Chamber of Commerce had been
proposed ordinance embodying the harbor rules gnd
made no recommendations. He also stated that Mr.
' Sherwin said no further word had been received from the Public Utilities
Commission on the lease. Approval of the ordinance as written was ex-
pressed by Chai:rman Walters of the Harbor Commission, Police Chief-Pal-
kowski, and Richard Osburn of the Carlsbad Boat b Ski Club. Cmn. .Baird
suggested ,a .change in Section 4 by adding the words .- "and in no event later than 8200 P. Maft, and that Section ?'be amended to limit boat races and ski m'eets to those sponsored by the City of Carlsbad, with no authorization t'o be issued to private clubs or organizations, such races or events to be scheduled on only three days of any calendar year and not more th,an one such race scheduled on a Sunday.
Jack Swaim of the Boat 6 Ski Club objected tc a strict regulation
against Sunday racing, stating that many of these pqople work six days
per week and race on Sunday for recreation. He stated his-group pro- poses three regattas for this year -- one sponsored by the Lion's Club, one by Tri-Citi,es Chambers of Commerce, and one by the Blade-Tribune --
and that he felt these regattas were very good mediums of publicity and
drew many thousands of people to Carlsbad. Mr. GlissTan, owner of
Whiteyts Boat Landing, stated he bitterly opposed the closing of the
Xagoon for raci:ng and felt it was unfair an4 an infringement of his City
business license. Mr. Eugene Smith pointed out that if the lagoon were
allowed to become a race track it would be difficult to develop a har-
bor, which is an ultimate goal in the minds of most people.
Asked how many of the Harbor Commission were present to voteson approval
of the ordinance, Chairman Walters stated four members were present and
all voted affirmatively; that all members have copies and none voiced
objections. Mr. Nelson asked re: the Coinmission designating areas for
swimming, etc. Mr. Ewald of the Planning Commission stated 'the Planning
Commission is stil.1 working on zoning and he .believed it would be q bib
premature to designate areas until the Planning Commission has made its
recommendations. Re: the possibility of dividing the lagoon between
racing and other recreation, Mr. Osburn stated he felt it could be done
by creating a buffer zone of 400-500 feet icrherc the-water can be calmed
down.
After discussion, Cmn. Robinson mcved the adoption of proposed Urgeqcy
Ordinance #3025 without change. Seconded by Cmn. Ledgerwood. George
Parker, Bua$a Vista Gardens, stated he felt a certain area should be
posted tc keep boats away from the banks for the benefit of fishermen. It was felt this could be worked out. Police Chief Palkowski asked re: immediate enforcement of the ordinance, and the.City Attorney replied that enforcement wou3.d not begin until the lease is approved by the
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Utilities Commission. Some discussion followed re: the statement jus- tifying urgency, and it was decided that a phrase in the statement should be changed to coincide with the fact that the lease is not ac-
' tually in effect at this time. Cmn. Robinson amended his motion, with consent of the second, to substitute the wording" in SectZon 17 -- "that the City of Carlsbad is expecting to acquire jurisdiction of kertain
aquatic area". Vote on the motion; four ayes, one nay (Baird) ordin-
ance adopted,
After a 15-minute recess, thecouncil was reconvened at 1O:OS P. M.
The City Manager was authorized to make a $20.00 refund to Schnapps
Shop and a $15.00 refund to Carlsbad Liquor Store to adjust overcharge
on City business license on alcoholic beverages.
City Manager Xelson read title and number- of proposed Ordinance #5010-A
re: abatement of trash and weeds, repealing Ordinance #Solo. Cmn. Led- gerwood moved the adoption of Grdinance #.5010-A. Seconded by Cmn. Hel-
ton. Five ayes, no nays, ordinance adopted.
Resolution 6255 was read, ordering the opinion of the Health Officer in
the. matter of the Sunnyhill Drive sewer extension, spread upon the min-
utes. Cmn. Ledgerwood moved adoption of Resolution #255. Seconded by
Cmn, Baird. Three ayes, no nays, Cmn. Helton and Robinson abstaining,
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7 Resolution ailoptrtd. The opinion is as follows: 4'
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TO: City Council
City of Carlsbad
"Sari Diego, California
April 1, 1957
Gentlemen:
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This is to certify that I have examined the area within the
City of Carlsbad, County of San Diego, State of California,
known as:
Sunnyhill Drive between Alder Avenue and the Southerly terminus thereof.
This is to certify to you .that in my opinion the: installa- tion of sanitary sewers in said area is nkcessary as a health measure, and it is my recommendation to you that
assessment proceedings be instituted by your Body for the ins~allation of sanitary sewers within said area.
Yours very 'truly,
/sg;d/ J. B. ASKEW M. D.
Health Officer of the ' City of Carlsbad tt
ResBlution f256 was read, appointing City Engineer Jack Lubota Bngineer
of Work and Superintendent of Streets and providing for conpensation
payable to the Engineer from the City General Fund. Cnn. Baird moved
adoption of Resolution 8256, Seconded by Cmn, Ledgdrwood. Three ayes,
no nays, Cmn. Robinson and Helton abstaining, Resolution adopted.
Y!. Nelson read Resolution #257, appointing Bruce Smith to prepare all
proceedings on the Sunnyhill Drive 1911 Improvement Act. Cmn. Baird
moved adoption of Resolution #257. Seconded by Cmn. Ledgerwood.
Three ayes, no nays, Robinson and Helton abstaining, Resolution adopted.
Resolution #258, ordering plans and specifications on the Sunnyhill Drive sewer, was read. Cmn. Ledgerwood moved adoption of Resolution #258, Seconded by Cmn. Baird, Three ayes, no nays, Cmn. Helton and Robinson abstaining, Resolution adopted,
Mayor Castorena announced League of Califdrnia Cities meeting on Friday,
April 19th, at Chula Vista; speaker, Dr. Askew.
Cmn. Baird moved authorization of payment of bills from Aprif 2nd to
April 16th, inclusive, in the sum of $24,283.52, as certified by the
City Manager and approved by the Auditing Committee. Seconded by Cmn.
Robinson. All ayes, motion carried.
Cmn, Baird moved ratification of payroll for first half of April in the amount of $6608.08, as certified by the Director of Finance and approved
by the Auditing Committee, Seconded by Cmn. Robinson. All ayes, motion
carried .
Crnn. Baird moved for adjournment to Tuesday, April 30th, at 7:OO P. 11. Seconded by Cmn. Helton. All ayes, inotion" carried, meeting adjourned at
10~30 Po Me
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was" Respectfu y submitted,
NATALIE VERMILYZ
Deputy City Clerk
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MINUTES OF AD~OURNED MEETING OF CARLSBAC CITY COUNCIL
April 30, 1957 -
Mc?eting callbd to order at 7:OO F. M. by Mayor Castorena. Present be-
sides the Mayor were Couhcilmen Robinson, Ledgerwood, Helton and Baird;
City Manager Melson, City Attorney Smith, City Tngineer Kubota.
Mr. Nelson read Resolution #259 of intention to amend contract with the
State Employees* Retirement System to include miscellaneous employees
of the City, and explained proposed changes and additions to the con-.
tract, Cmn. Robinson moved the adoption of Resolution #259. ' Secondkd
by Crnn. Helton. Five ayes, no nays, Resolution adoptkd.
Nayor Castorena submitted for approval. of the Council the reappointments
of Commissioners; Arnie Stringer and Cldue Fennel to the Planning Commis- sion for four-year terms. Cmn. Ledgerwood moved that- members Stringer
and Fennel be reappointed to the Planning Commission for four-year terms
expiring the sec:ond Tuesday in April, 1961. Seconded by Cmn. FieIton. All ayes, motion carried.
City Manager Nelson read a letter from the Carfsbad Mutual Water Company
dated April 29, 1957, setting out recommendations of the Citizens' Water
Committee as fol.lows: (1) that the contemplated purchase be financed
solely by revenue bond issue; (2) that the City adopt necessary resolu-
tions to assure priority of presently stocked lands to San Luis Rey
water; and (3) that the City fix and announce prior to the Eond election
the amount, of inclusion fee to be charged non-stocked lands upon connec-
tion to Mutual facilities.
' Denny Wood of the Mutual Water Company reported that in a telephone con-
versation, Mr. Flberhard, attorney for the Mutual, stated he would pre-
pare a written opinion covering the recommendations of the committee
after due study,, Mr. Yood presented a map and pointed out the service
area of the Mutual (extending approximately three miles inland from the
Coast) . -1ie stat,ed that not all of the 2000 shares of stock are assigned;
that unstocked areas include Hosp Grove and adjacent areas. He gave
figures indicating that 55% of the shareholders (domestic users) are
paying 80% of the water revenue, and the 45% irrigators pay only 20%.
The Council discussed the three recommendations of the shareholders' comlgittee seipariitely. '' On the method of financing, the City Attorney
stated that a general obligation bond could 6e used City-wide only if
both thd Mut,ual and Terramar Water Companies .are purchased. ' After con- siderable ddtscussion, it was agreed that the most feasible and economical.
means of financing purchase of the Mutual-.Water Company would be through a revenue-type bond issue, but that the Council should be guided by ex- pert opinion of bond 'counsel before colhmitting the, City definitely on Chis point. Cmn. Baird moved that the Council make a statement over the Mayor's signature, setting forth the present intention of the Council to finance the purchase of the Mutual Water Company by submission to the
voters of a revenue bond issue; that the exact typa of financing be sub-
ject to further "study and opinions of recognized financial advisors 'and
bond counsel. :Seconded by Cmn. Helton, Four ayes, no nays, Cmn. Robin-
son abstaining, motion carried.
Tn discussion of the proposed inclusion fee, Mr. NeJ-son proposed .a fig-
ure of $212.00 per acre, computed on the basis of total value of eacili- ties less the amount offered, reminding the Council of the earlier dis-
cassions on the matter wherein it was stressed that the assessment of an inclusion fee was noC simply to collect money, but a device for equaliz-
ing the financial burden of the shar6holders. It was brought out that one effect of charging an inclusion fee will be to force the Municipal
into the retail business, as owners of dry land to the east would possibly