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HomeMy WebLinkAbout1957-09-03; City Council; Minutes0 &; The revised Agreement for Purchase was presented to the Council for their review, The City Attorney explained the changes that had been made. After discussion proposed Rssolution No. 280 was presented, authorizing the City of Carlsbad to enter into a contract with the Carlsbad Mutual Water Company to purchase said water company and ordering the Mayor to sign said contract and the City Clerk to attest. Cmn. Helton moved that Resolution No, 280 be adopted. Seconded by Cmn. Robinson. All ayes, Cmn. Baird absent, Resolution No. 280 adopted. By proper notion the meeting was adjourned at 6:04 P. M, ! A 97 Res ect.9upa M G ET E. ADAMS Deputy City Clerk """__"""""""""-~""-"" KCNUTES OF REGULAR MEETING .OF CARLSBAD CITY COUNCIL .) September 3, 1957 1- The meeting was called to order at 7:07 P. M. by Mayor Castorena. .Present besides the Mayor were Councilmen Ledgerwood and Helton; City Manager Nelson, City Attorney Smith and City Engineer Ku- bota. Absent, Councilmen Baird and Robinson. 2- Cmn. Ledgerwood moved that the Minutes of August 20, 1957, be , approved as corrected, substituting the word ''parallel'' for the word "angle". Seconded by Cmn. Helton. All ayes, motion car- ried. Cmn. Helton moved that the Minutes of the Adjourned Meeting of August 27,' 1957, be approved as submitted. Seconded by Cmn. Ledgerwood . All ayes, motion carried . I i I Cmn. Helton moved that the Minutes of the Adjourned Meeting of August73.0, 1957, be approved as submitted. Seconded by Cmn, Ledgerwood , All ayes, motion carried. 3- WRITTEN CORRESPONDENCE. a) A copy of a letter from the Carlsbad Municipal Water District addressed to Franklin W. Lilley, City Manager of the City of Oceanside, in rep1.y to a request by the City of Oceanside for the exclusion of certain territory to be used as a site for a sewage disposal plant was read, The letter set forth the Board's policy of opposing any exclusions of territory within its juri+ diction, and stated that before any change of policy could be consid-ered they would have to be assured that it .would not de- valuate the surrounding area. They recommended that the matter be studied by the City of Carlsbad before a final decision could be reached.' BW. Nelson stated he felt the City of Carlsbad . should coopTratk with the City of Oceanside regarding any sewage facilities, and suggested that the City try to work with Ocean- side and Vista Sanitary District toward a plan that would serve all of the area. The Council asked if the new shopping center would use this plant. The City Engineer stated that they could. By common consent it was agreed to have- the City Manager confer with Oceanside and Vista regarding the possibility of the three agencies cooperating in solving the sewage pr.oblem in this area, b) Letter from the County Planning Director urging that caution be used in the distribution of the Patterson Report on the Harbor as this was only a proposed plan and had not as -yet been adopted by the County of San Diego. They stated they were unable to fulfill our request for 15 additional copies but were forwarding 10 additional copies . c) Lett& from State Division. of Real Estate regarding Terramar Unit #5, stating that they did not feel that any violation of the state laws existed. The Council asked that the property owners in this area be notified, and Mr. Nelson. stated that the mabt-er had been gon'e over with the 0-mers. 4- . ORAL COMMUNICATIONS: There were no oral communicatio.ns. 5- - DEPARTMENT AND C'OMMISSION REPORTS: a) Planning. 'wtative Subdivision Map - BUENA VISTA TERRACE - Resolution #283. Resolution NO, 27 of the. Planning Commission Was read recommending the approval of the tentative map of Buena Vista Terrace, subject- to certain conditions. During the discussion Mr. Nelson suggested that perhaps a Refund Agree- ment could be worked out with the developer in cases where a I street is required to be improved and certain, adjoining prop- erty owners do-not contribute toward the cost and a buffer strip is required by the. developer . Mr. McClellan was present and stated that he was very much in favor of a refund agree- ment wherein the developer would be refunded a portion of monies spent for the improvement of a street, and that he felt it would encourage the developers. The City Attorney was asked by the Council if such an agreement could be worked out and stated that the same type of an agrqemcnt that is used .in sewer connections could be worked out for the developer. Proposed Resolution No. 283 approving, the tentative map of Buena Vista Terrace was presented-to the Council for their review.. Cmn, Helton moved that Resolution No. 283 approving the tentative map of BUENA VISTA TERRACE be adopted. Seconded by Cmn. Ledg- erwood. All ayes, motion carried, Resolution No. 283 adopted. 2') Dedication'of Strket - Richardson Property.' A report from the Planning Commission regarding an offer of dedication for street :purposes by Lowell Richardson, et ux,, was read. The re- , port stated that the Commission had considered the location of the pro.posed dedication, and that tho proposed dedicat.ion is a. natural extension of Adams Street, '.that it consists of aver one-half of the right-of-way necessary for street purposes. and does not conflict with any street plans approved by-the Plan- ning Co:mmission. It further stated that the Commission wished to call to the attention of the City Council the, policy estab- streets offered for-public dedication. After - discussion it was agreed by the Council that the matter be held over until the nex,t meeting in order to obtain the signatures on the offer - ,. lished 'by the City' Council in reference to improvements on .- . ~ .. . o,f dedication from Mr. and Mrs. Lowell Richardson. 3) Proposed Cross Street - State Street throuph to Madison 1. , Street. A report from the' Planning Commission was read wherein they recommended that a cross street from State Street tbough to Madison Street be opened, location of this cross street, and their reasons for said recommendations. After considerable dis- cussion, by mutual agreement of the Council, it was recommended that the matter be referred back to the Planning Commission, and that written reports be submitted by the Planning Consultant and the Tra:ffic Committee before submitting the matter to the City Council . 4) -nwood Property, The City Attorney informed the Council that he had been contacted by Mrs. Alice.E. Greenwood in refer- ence to the City purchasing or leasing her property, Mrs. Greenwood's property is located in the block where the Civic Center is located. The City Attorney 'stated further' that she would be agreeable to having her property purchased outright, lease of the property with option to purchase, or a straight option bo purchase, but in any event she would reserve the right for a life estate on that portion of the property now being used as her home. Mr. Nelson stated that the Zahler property which is located in the same block should also be considered, and the owner of the property next to the Huntley property on Eureka . . Place had also contacted him regarding the purchase of their property. After some discussion the Council agreed that all three parcels should be appraised, and that the City Manager be instructed to work out a lease purchase agreement with Mrs, Greenwood within the next few days, =as she was leaving on vaca- tion and wished to have some answer before she left, b) En ineering. '+whill Drive Sewers - Resolution No, 281. Proposed Resol lution No, 281 approving .plans and specifications fop! sanitary work and approving assessment District Map for Assessment Dis- trict No, 2-1957 was presented to the members of the Council. Gmn. Ledgerwood moved that Resolution #281 be adopted, Seconded by Cmn, Helton, All ayes, Resolution No, 281 adopted, Cmn, 1 .. 6- 7- 2. : Baird and-.Robfnson 'absenk, .. Resolution No. 282, Proposed Resolution No, 282 declaring the intention of the City Council to order the construction of certain sanitary sewers and appurtenances and appurtenant work in the City of Carlsbad, declaring the. work to be of more than local or ordinary public benefit, describing the district to be benefited by said work and to be assessed to pay the cost and expense thereof, determining that bonds shall be issued to, represent assessments to be levied, and fixing the time and place for hearing protests and objections to said wopk or the extent of the district to be assessed; or both, and giving no- tice thereof, on Assessment District No, 2-1957, was presented *to the Council for their review, Cmn. Helton moved that Reso- lution No, 282 be,adopted, Seconded by Cmn, Ledgerwood. All ayes, Resolution No, 282 adopted, Cmn, Baird and Robinson ab-.- sent. During the discussion of the Sunnyhill Sewers, Mr. Dewey Mc- Clellan asked if this pumping station would take care of just this certain area being assessed, and he was informed by the City Engineer that it could take care of the entire hillside, Kr, McClellan stated that he felt that the property owners should be' given an approximate figure on how much this project would cost. The City Engineer stated that the notice that would be sent to the property owners would give an approximate . ........... . figure. of the cost of' this project, c) Police and Fire - Monthly reports. The reports of the Police Department and.Fire Ilepar.tment were circulated among the Coun- ' cilmen and filed, OLD BUSINESS: a)- Amendment to Traffic Ordinance - Parkinp on State Street, Mr. Nelson informed the Counci.1 that this matter would have to be deferred to the next meeting as the reports had not been re- ceived from the various committees. b ) Amendment to Building Code - Grading of Lumber. Ordinance No, 8008, Proposed Ordinance No, 8008,requiring the grading of lumber in the City of Carlsbad, which ordinance would amend present ordinance No, 8007 and add to the requirements of the City's Building Code, was presented to the Council. During the discussion of this ordinance, the Council members felt that this ordinance should not become effective until .January 1, 1957, in order to enable the -merchants to unload their present stock. With this change being made, Cmn. Helton moved that. this constitute the first reading of Ordinance No, 8008. Seconded by Cmn. Ledgerwood. All ayes, motion carried. Cmn, Baird and Robinson absent. NEW BUSINESS : a) Chamber of Commerce - Contract for Services. Mr. Nelson in- formed the Council khat a rough draft of the contract for services between the City and the Chamber of Commerce had , been drawn up and had been submitted to the Chamber of Com- merce for their review, and asked that this matter be referred to the next meeting of the City Council, b) Agreement with Financial Consultant - Water Co. Purchase. A written agreement between the City and Schwabacher 6 CO., Financial Consultants, in the event the City pupchases the Carlsbad Mutual Water Company, was presented to the Council for discussion. The City Attorney was asked his opinion of the agreement and he stated that he approved the format but . would like to review the legality of the document before giv- ing his opinion, No action was taken at this time on the mat- ter, 6) qf -Mexico - Resolution No. 284. Mayor Castorena requested that a resolution of the City Council of the City of Carlsbad extend- ing their congratulations to the City-of Tijuana on the anni- versary of the independence of the Republic of Mexico be sent to the Mayor of Tijuana before the 16th day of September, 1957. It was moved by Cmn. Helton and seconded by Cmn, Ledgerwood 3 that Resolution No. 284 be adopted, All ayes, 'motion carried, Resolution No, 284 adopted, Cmn. Baird and Robinson absent. 8- PAYMENT OF B~LLS - RATIFICATION OF PAYROLL. Crnn, Letdgerwood moved authorization of payment of bills from August 20, 1957 to September 3, 1957, in the amount of $4,572.68, as certified by the Director of Finance and approved by the Aud- iting Committee, Seconded by Cmn. Helton, All ayes, motion carried , Cmn, Leldgerwood moved ratification of the payroll for the second half of August, 1957, in the amount of $8,700.00, as certified by the Director of Finance and approved by the Auditing Commit- tee. Seconded by Cmn. Helton, All ayes, motion carried, 9- ' It was :moved by Crnn. Helton and seconded by Cmn. Ledgerwood that ' the meeting be adjourned, All ayes, motion carried. The meet- ing was declared adjourned at 8:46 P, M. Respectful y s mitted %k$&ET &YE&? E. AD S A Deputy City Clerk """"""""""--------"""""""~- - MINU'TES OF REGULAR .MEETING OF CARLSBAD CITY COUNCIL September 17, 1957 1- The meeting was called to order at 7:07 P. M, by Mayor Castorena. Present besides the Mayor were Councilmen Ledgerwood and Robin- son; City Manager Nelson, City Attorney Smith and City Engineer Kubota. Absent, Councilmen Baird and Helton. 2- i .Cmn. Rolbinson moved that the minutes of September 3, 1957, be approved as submitted. Seconded by Cmn. Ledgerwood, All ayes, motion carried. 3- CORRESPONDENCE : a) A copy of a letter directed to the Directors of the Carlsbad Municipial Water District from Frank B, Smith was read, setting forth conditions existing in his opinion on the Metropolitan Water D:istrict and the Carlsbad Municipal Water District, where- a letter of acknowledgement be sent to Mr. Smith, . in he questioned the water entitlement, The Council asked that b) Letter :From W, I), Cannon requesting that the Cit,y Council take some acltion to clarify the street names in Terramar, namely, Terramar Drive and Cannon Road, He asked that Terramar Drive be changed to Cannon Road. The City Manager stated that Cannon Road was not a dedicated street and is not connected <with Ter- ramar Drive, and suggested that the Planning Commission make a recommendation on the changing of the name, MRS. MARGARET REEDY, 5158 Los Robles, stated that the people in Terramar are used to referring to Terramar Drive for directions. The Council' asked that the matter be referred to the Planning Commission, c) .Letter from W. D. Cannon requesting permission to have the fence that was erected on City property in Terramar remain on the City property. A copy of a letter was read addressed to Mr. W, D, Cannon wherein the City requested that the fence that had been erected on City property be removed, The %City Manager suggested that the logical move would be to have Mr. Cannon have the street vacated, There were several citizens from Terramar present <b P. S. AILLEN, 5099 Shore Drive, stated that he owned the adjacent property to the property on which the sign is erected, and stat- felt that the fence would have a deterring action and has kept the out rsiders away. . ed that he was neutral as far as the fence was concerned. He BB. SECICMAN, 5380 €31 Arbol Drive, asked if the City owned this " property .where the fence was erected, or does Mr. Cannon? He