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HomeMy WebLinkAbout1957-05-07; City Council; Minutes*Q 6 .. L3 E choose to connect -directly- to the Municipal line if that procedure ~ should p.rove cheaper, in view of the assessment of an inclusion fee for connection to the Mutual Bacilities. . . The Council expressed concern that any substantial increase in water rates, which might be brought about if water revenues were not sufficient to pay the interest and principal installments on the revenue, bonds, may result in discouraging and driving out.flower growers. In this con- nectkon Mr. Joeph Bray, 2200 Basswood, suggested the possibility of the -City having more water for sale than would be purchased, Gen. Rogers, director of the Municipal Water District, quoted figures indicating small likelihood of supply exceeding demand, stating that :several water dis- tricts in. the County have already set up a system of priorities and ra- tioning programs in anticipation of a summer water shortage. After a 15-m'i.nute recess, the Council was reconvened at 9:30 P, M. The City Attorney pointed out that recommendations (2) and (3). were some- what tied in together, skating that upon.payment OF the inclusion fee, presently non-stocked lands would have paid full value, giving them full entitlement with present shareholders, who would then not be entitled to priority of San Luis Rey water. He commented ,that a reduced inclusion fee would allow retaining of priority of San Luis Rey water to the origin- al shareholders. .. 1 4 After considerable discussiom, Cmn. Baird moved that the City will intend 1 to levy an inclusion fee of $100.00 per acre, on such terms as may kere- 1 inafter. be established by the Council, for.each.acre of the Ron-stocked * lands within the Carlsbad Mutual service area .and the City of Carlsbad ) that hereafter become attached to the existing facilities of the Carlsbad Mutual Water Company; and secondly, that the City Council intends that a13 of these inclusions as above outlined will have subordinate rights to the water rights of the presently stocked lands within the Carlsbad Mutual service-area, as relates to San Luis Reg water; that the amount of the foregoing inclusion fee has been fixed in such amount so as to legally justify preservation of the water rights of presently stocked lands in the Mutual service area. Seconded by Cmn. Helton. Four ayes, no nays, Cam. Robinson abstaining, motion carried . Xr. Nelson stated that the City Clerk 'has been approached as to the legal ity of City expenditures on the campaign to urge return of the signature cards, stating that the cost is small,' probably under $200.00, covering printing and postage. The City Attorney stated that Section #38730 of the Government -Code provides that a City is entitled to acquire a water works, and the pnwer to spend money to acquire it is inherent in the prop I ' osktion; that he felt the expenditure is unqualifiedly proper. The Council. re-examined the price 'offered'. to' the Carlsbad Mutual Water Company for its facilities-and by common consent reaffirmed the offer of $5O0,Q0O0O0. 1 u. There was dfscussion re: annexation of a short stretch of abandoned road (the dld Vista Way) lying northeasterly of the City boundary, to adjust the common boundary with Oceanside at that point. Cmn. Robinson moved, Cmn, Ledgerwood seconded, that the City Manager and City Engineer be authorized to prepare a map and description on the ,parcel indicate, and submit same to the County' Boundary Commission. All ayes, motion carried, .-Cmn. Robinson moved for. adjounnment, seconded by Cmn, Helton, All ayes, - meeting adjourned at 10~07 P. M. I v, NATALIE VERMILYEA Deputy City Clerk -.~"""~...-""-"-~-."-...I".."""..~" MINUTES OF REGULAR MESTING-OF CARLSBAD CITY COUNCIL May 7, 1957 Meeting called to order at 7r05 P, M. by Mayor Gastorena, Present be- sides the Mayor were Councilmen Helton, Robinson, Baird, Ledgerwood; City' Manager Nelson, City Attorney Smith, City Engineer Kubota. Cnon. Helton moved approval of minutes of the meeting of April 16th as written. Seconded by Cmn. Robinson. All ages, motion carried. > 1, .J 6 Cmn. Robinson moved approval of the minutes of the adjourned meeting of April 30th as written. Seconded by Cmn. Helton. All ayes, motion car- ried. ..WRITTEN CORRESPONDENCE: (I) Letter from Mrs. Ted .(Reah Go) Clarke, 3915 Alder, protesting the keeping of horses in R-1 (10,000 squard feet) as allowed under the pres- ent zoning ordinance, and suggesting certain restrictions. Referred to Planning Commission where this subject is presently under consideration. ORAL COMMUNICATIONS: Rollo. Smith, 1000 Grand, representing the Vet- erans of Foreign Wars, asked that the Mayor issue a proclamation concern- ing Memorial Day, and subeitted a statement from his organization out- lining the principles and meaning of that day. He also invited all present to attend Memorial Day services at 2:OO P. M. in St.. Patrick's Hall. Mayor Cestorena thanked Mr. Smith on behalf of the Council. Cmn. Robinson moved that.the Mayor'be requested to issue a Proclamation re- garding Memorial Day.- Seconded by Cmn. Helton. All ayes, motion car- ried. URBAN RENEWAL PROGRAM: City Manager Neleon stated that Mr. Christiansen, member of the IJrban Renewal C'ommittee, has written for information and prepared material, which the Committee wishes to study before making any recommendatpions to the Council. PLANNING COMMISSIONt (1) 'Master Street Plan. Mr. Nelson read Resolution #12 of the Planning dokission, recommending adoption of the proposed Master Street Plan. Comm. Stringer of the' Planning Commission spoke briefly on the Commis- sion's discussion, re: extension of streets, and stated that that body expects to have! further recommendations as to street widths, etc., with- in 60 to 90 days. After discussion, Cmn. Helton moved that a hearing be set on the proposed Master Street Plan on June 4th at 8:OO P. PI. Second- ed by Cmn. Robf.nson. All ayes, motion carried. Kr. Nelson read! Resolution #260 of intention to-vacate Chestnut Avenue between Harding; and Jefferson Streets, and the alley between Chestnut and Palm Avenues, reserving certain easements and rights-of-way for sewers, storm drains, etc., and setting a hearing .on June 4th at 7320 P. M. Action deferred until later in the meeting. 7:30 Po M. Mr. Nelson read Notice of Public Hearing on proposed amend- ments to Ordinance #9060, re: permitted signs (Sec. 1101.4)., limitation on issuance of building permits (Sec. 1501.1), lot width, and, changing minimum fQotage requirements along Park Drive from R-l (15,000) to R-l (7,500). There were'no objections, written or oral. Cmn. Helton moved that since there were no protests at the hearing, the City Attorney be instructed to prepare amendments to Ordinance #9050 covering the recom- mendations from the Planning Commission. Seconded by Cmn. Ledgerwood. All ayes, motion carried. Referring back to the matter of vacating the, Section of Chestnut and the alley, Glenn Feist, member of -the Carlsbad Union Elementary School Dis- trict, stated that the Master Plan for the Pine Avenue school contem- plates changing it over into a Junior High School; that the Distriat has . purchased additional ground to the south along Harding Street and are asking the vacation of that portion of Chestnut to permit inclusion of the new ground into the campus. After a brief discussion, Cmn. Ledger- wood moved adop.tion,of Resolution #260 QS read. Seconded by Crnn. Helton. Five ayes, no n,ays, Resolution adopted, - WATER COMPANY PURCHASES: Mr. Nelson circulated copies of letters being sent out ,to shareholders of the Mutual Water Company and- pledgees whore cards have been returned improperly signed or not signed by both par- ties. Cmn. Bai:rd suggested that the City Manager set up a meeting be- .. tween Mr. Cannon, himself, the City attorney, and perhaps a member of the Council, to explore the possibility of Mr. Cannon's willingness to sell, so a proposal may be made to him. Cmn. Ledgerwood moved that Cmn. Baird, the City Manager, and the City Attorney meet with Mr. Cannon to , explore the possibility of purchase of Terramar Weter Company. Second- ed by Cmn. Robimson. All ayes, motion carried. SEWER FOR PARADISE ESTATES: City Engineer Kubota explained the proposal of the subdivider to connect to the sewer main on Chestnut by means of an easement running through from Basswood to Chestnut, at a cost of ~ . $5,690.58; but that from,the Cityts.standpoint it would be more.advan- tageous to connect to the present terminus on Basswoodwest of Highland (estimated cost, $9,713..80) as it would provide two 8" lines crossing Highland .and avoid .overtaxing the Chestnut Avenue line, which must take the ,sewage from the two new schools, as well as that from the rapidly developing Highlands area. On the subject of the City advancing the difterence in cost, Mr. Kubota stated that computed on a footage basis the City could theqretically recover approximately $12,000 on an axten- sion of the line as proposed along Basswood, when all properties con- nect. The City Manager' was asked to report at the next meeting.whether fands would be available for this purpose, and, by common consent, he was instructed to negotiate with the subdivider, conveying the.Council's thinking. in the matter. There was some discussion as to whether a subdivider would be entitled to recover sewer costs on property lying across the street from his sub- division, as owners connect to the sewer. Mr. Nelson read the pertin- ent section from the sewer maintenance ordinance, and it was finally agreed that the s,ubdivider.is entitled to recover 75% of the 50% in- volved. Cmn. Ledgerwood moved that the City Attorney be instructed to prepare an amendment to Ordinance #7020 to clarify the provision for refund to a subdivider. Seconded by Cmn. Helton. All ayes,' motion car- ried. OAK AVENUE 1911 IMPROVEMENT ACT: Charles Crull, engineer, presented im- provement; plans for the Oak Avenue. 1911 Act (for sewer'extension) and $13,136.10 for the 1900 lineal feet. Resolution #261 was read, approv- ing plans and specifications for the Oak Avenue sewer' extension under 1911 'Improvement Act. ' Cmn. Helton moved adoption of Resolution #261. Seconded by Cmn. Ledgerwood. Fiveaayes, no nays, Resolution adopted.' Xr. Nelson read Reso1uti"on #262 of intention to order ,construction of sanltary sewers under 1.911 Act and fixing time and place for hearing ,(June 4, 1957, at 7:30 P. M.). Cmn. Robinson moved adoption of Resolu- tion #262,.as read. Seconded by Cmn.*Ledgerwood.* Five ayes, no nays. Kr. Nelson commented that some Cities set up a revolving fund to buy their own 1'911 Act bonds. The City Attorney was asked to do some re- search on the subject. LIBKARP COWSSION: Mr. Nelson read an invitation fr.om tho Library Commission to attend the Open House at the Library on Saturday, May llth, from 2-5 Pl. .M, . explained same, stating that the esti.mated cost of the project is HARBOR COMMISSION: Chairman Walters of the Harbor Commission reported that there will be some additional expense on the bill for engineering from Boyle Engineering Company. It was decided t'o pay the present biil as, rendered and the' additional charge when billed . POLICE AND FIRE DEPARTMENTS: Monthly reports were circulated among'mem- bers and filed, Mr. Nelson commented that the good relations stimulated between Tijuana and Carlsbad by the recent exchange meeting had resulted in excellent co-operation between Tijuana and Carlsbad authorities at the timeof the recent homicide case involving both Police Departments, Mr. Nelson reported that khe vote of the miscellaneous employees of the City on joining the State Retirement System was 16-3 in favor. Title and number ofrproposed Ordinance #lo49 amending contract with9the State Employees' Retirement System was read. Cmn. Robinson moved that this constitute first reading of proposed Ordinance #1049. Seconded by Cmn. Helton. All ayes, motion carried. Title and number of proposed Ordinance #1050, defining duties of the Director of Finance, was read. Mr. Nelson explained that this action is in accordance. with. the recommendation of the Audit Report that a full-time accountant be hired. Cmn: Ledgerwood moved that this consti- tute first reading of proposed Ordinance #1050, setting forth duties of the Finance Director. Seconded by Cmn. Helton. ' All ayes, motion carried . Mr. ,Nelson read Resolution #263 amending Resolution #210 changing -the rate of Director of Finance from #14 ($370-$460) to #19 ($482-$587). He stated Mr. Pace will continue to rec.eits his present salary and his duties will be to act as Treasurer and to assist .the Director of Finance in processing business licenses, etc., and to collect 1911 Act bonds. Mr. Nelson stated he would like to hire the Finance Director by June 1st so that he would become familiar with his duties before the beginning of ._ 2 y 6-2; the fiscal year on July lst, and that three or four applications for the position are now being investigated, Cmn. Helton moved adoption of Resolution.#263 amending Resolution #210, Seconded by Cnnn. Baird, Five ayes, no nays, Resolution adopted, Cmn. Baird moved authorization of payment of bills from April 16th to May 7th, inclusive, in the amount of $15,478.73, 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 the payroll for'the last half of April in the amount of $6623.34, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Robinson, All ayes, mot ion carried. The meeting wa,s declared adjourned at-8:57 P. W. ,-a* Respect lly submitted, NATALIE VERMIL A .. V Deputy City Clerk. """""""""~"""~-~"""~~~ - MINUTeS OF REGULAR MEETING OF CARLSBAD CITY COUNCIL May 21, 1957 MeGting called to order Tat 7:OO. P, M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Robinson, Helton, Baird; Ledgerwood, City Manager Nelson, City Att.orney Smith, City Engineer Kubota, Cmn. Helton mo.ved approval of minutes of the meeting of May 7th as writ- t9n.:. Seconded by Cmn..Ledgerwood.. All ayes, motion~carried. WRITTEN CORRESPONDENCE : (1) Letter from Oceanside-Carlsbad High School District inviting Coun- cil and City officials to ground-breaking ceremony Wednesday, May 22nd, at 1:OO P. M, ton Carlsbad High School site, Cmn. 11elton;Vice Mayor, was asked to represent the City. (2) Letter from Chamber of Commerce advising that the Merchant's Corn- mittee had indicated that they are not in favor of the City leasing the former Mobilgas Service Station for parking lot purposes; that greater benefit would result from mercantile use of the property. Mr. Nelson stated 11e had written General Petroleum Corporation thanking them for their offer-, (3') Letter from Carlsbad Boat 6 Ski Club submitting application for permission for use of the lagoon for two racing meets -- on June 16th and July 21st, The application was tabled, due to the fact that theTqr- dinance is not effective until approval of the lease by the Public Utif- it.ies Commission, which has not been received, ACQUISITION OF TkKRAMAR WATER COMPANY: Cmn. Baird reported that a meet- ing with Mr. Cemnon was held, Mayor Castorena, City Manager Nelson, Cit'y Attorney Smith and himself attending, at which the matter was thoroughly discussed, but that the situation is so involved, with joint ownership of pipe line and distribution lines, etc., that nothing came out of the meeting to which a*recornmendation could be tied. He stated Mr. Cannon indicated an interest in selling but no price was suggested, and-in view of an agreement, he has with Mr. Ecke, it would be necessary for him to meet with Mr. Ecke and the? meet again with City officials. He ex- pressed himself as being opposed to a city-wide bond issue to finance purchase of both Tarramar and Mutual systems; but evinced considerable interest in getting out of the water business, one way or the other. The City Attorney suggested that a negotiating committee could be set up which could offer a figure for consideration, making it clear that it is simply a suggested figure and not binding on the Council as a firm offer. It was pointed out that, ,using the same system of computation as that used for the Mutual offer, a comparable offer for Terramar Water Company would be in the neighborhood of $112,000.00. The Mayor appoint- ed City Manager Nelson, City Attorney Smith, Councilman Baird and himself as-a negotiating committee, and the City Manager was asked to set up an- other meeting with Mr. Cannon,