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HomeMy WebLinkAbout1957-10-15; City Council; MinutesI '3 4 3 z d @ -c. I I .! P MINUTES OF REGULAR MEETING OF~.C:_A_R_L_SBAD CITY ~OUNCIL October 15, 1957 1- The meeting was called to order at 7:05 P. M, by Mayor Castorena, Present besides the Mayor were Councilmen Ledgerwood, Robinson, and Helton; City Manager Pro Tern Kubota,. City Attorney Smith, Absent, Councilman Baird . 2- 3- a) b) c) a e) 0 ; Cnn. Robinson moved that the minutes of October 1, 1957, be ap- proved as submitted, Seconded by Cmn, Ledgerwo'od. All ayes, motion carried, WRITTEN CORRESPONDENCE : Copy of letter addressed to Jean Le Vincenz, Director of Public Works, County of San Diego, dated October 7, 1957, from the Clerl of the Board of Supervisors, stating that the Board of Super- visors on October 1; 1957, 'authorized the Director of Public Works to assist and cooperate with the City of Carlsbad and other interested groups in solving problems caused by sewage ef- fl'uent discharged into the Buena Vista Creek. A letter in the form of a scroll from the Carlsbad Brownhes ... was'presented to the Council, stating their appreciation and thanks for the use of the Holiday Park for their "Day Camp" during the past summer, The Council requested the City Manager to acknowledge receipt of the. letter and to extend the use of the Park to the Brownies next year. Letter from J, P, Bosk, 4371 Don Luis Dr,, Los Angele's, dated October 10, 1957, stating that he owned two portions of water stock, and was of the opinion that the City now owned the Carls- bad Mutual Water Company, He further stated that he was nego- tiating to sell his property ,in Carlsbad and was wondering if his portion of the shares could be sold or turned in for a cash refund. The Council instructed the .City Manager to acknowledge receipt of this letter and inform Mr. Bosk that his letter was being referred to the Mutual Water Company. .e Letter dated October 9, 1957, from Lutheran Services of San Diego, Inc., stating they desired to reinstate their request for the abandonment and relea'se from dedication of a portion of Grand *Avenue and Cedar Street,. The Council requested that the matter be referred to the Planning Commission. Letter from the Carlsbad Industrial Development requesting an- nexation of 40 acres to the City'of Carlsbad. The City Attorney pointed out to the Council there were two procedures that could be followed for the annexation of properties: (1). by formal type of petition from property owners, and (2) by motion of the Council. Cnn. Ledgerwood moved that the matter be referred to the County Boundary Commission for their approval and the City Attorney be instructed to prepare a resolution to be'presented to the Council at the next meeting for their consideration. Seconded by Crnn. Helton, Three ayes, Cmn. Robinson abstaining. Cmn. Baird absent , ~ Letter from Perry A. Lamb, Chairman of the Beach Improvement Committee, Carlsbad Chamber of Commerce, dated October 15, 1957, stating they had recently contacted the State Division of Beaches and Parks in Sacramento regarding the development of the Carlsbad Beach State Park, status of toilet and dressing. ro,om facilities,, status-of plans for improvement of parking fa- cilities-and trails to the beach, 'and the possibility of acquir- ing and operating the beach area between the steam plant jetties as an addition to the Carlsbad Beach State Park, The Chamber further asked that the St3te give .active consideration to these projects due to the increase in number of -people using the beach. The Chamber pointed out in their letter they had re- ceived a reply to their letter and that the State expects eo@- struction of the comfort stations and dressing rooms to be un- derway sometime next spring; in re: parking areas and trails, the State is awaiting information from the City of Carlsbad relative to parking possibilities on the top of the bluff; and in re: acquisition of beackarea between the steam plant jet- ties, Carlgsbad was not listed in their Five-Year Master Plan for acquisition of any new' property, Nr, Perry Lamb was present 3 and urged the Council to take all action possible to encour- age the development of the State Beach. Cmn. Robinson suggest- ed that a1 letter be sent to the State requesting that the com- fort stakions and dressing rooms be taken care of before next spring, and -inquire as to what information they needed from the City of Carlsbad in regards to parking areas and trails, and the City Manager look into the matter regarding the area between the steam plant jetties. f) An invitattion was read from the First National Bank of Ocean- side extending an i'nvitation to all the City Officials to their Open House . 4- ORAL COMMUNICATIONS: Mr. Arnie Stringer was present and stated that he was represent- ing the Chamber's Merchants' Committee, and by a unanimous vote ..of the merchants they were not in favor of prohibiting pick-up trucks parking on State Street as it would work a hardship on everyone,, He presented a petition to the Council which contain- ed 78 signatures. Mr. Stringer informed the Council these sig- natures represented State Street quite solid . 5- DEPARTMENT AND COMMISSION REPORTS: a) Planning:: 1) - Drace Lot Split and Variance. This matter had been continued awaiting the City Attorney's opinion regarding a tie vote by the Council on a matter which required four affirmative votes, and due to the fact 'that a resolution was necessary in order to close the matter . The City Attorney informed the Council that a reso- lution would be necessary and the resolution would merely declare the resultts of the Council's vote and show the findings of fact by the Council. Cmn. Robinson moved that Resolution No. 292 be adopted, showing findings of fact by the Council on the appeal of the Drace Lot Split and Variance recommended by the Planning Com- mission. Seconded by Crnn. Helton. All ayes, Cmn. Baird absent. Resolution No. 292 adopted, 2) Acquisition of Mutual System. The Council was informed that 1030.55 shareholders had given their consent for the sale of the Elutuai-Water Co. to the City of Carlsbad. A letter was received from the Board of Directors of the Mutual Water CO., enclosing a resolution 'of the Board of Directors urging the City Council to hold an election for the purchase of the Mutual and asking that the sale be consummated before January 1, 1958. The City Attor- ney asked that skilled bonding counsel be hired for the election. He stated a suit should be filed to test the validity of the Di- rectors Ito enter into a contract with the City for the sale of the F?ater Company, and he felt the firm of Q'Melveny and Myers would be qualified to handle the election and the test suit. Crnn. Hellton moved that the City Attorney be instructed to enter into a suit to test the validity of the Board of Directors of - the Mutuisl to enter into a contract with the City for the sale of the Eautuisl, and to associate the -firm of O'Melveny and Myers if necessary. Seconded by Cmn, Robinson.. All ayes, motion carried. The Council requested the City Attorney to contact O'Melveny and Myers wirthin the next few days in regards to their fee and the time element involved. It was pointed out during the discussion that the test suit could run concurrently with the election, but if possible it would be best if the case could be tried before the eleckion date. Mr. Smith felt because it was a municipal matter it would have a preference in the courts. The Mayor re- quested rthat an adjourned meeting be held on Tuesday, October 22, 1957, in order for the City Attorney to report on his confer- ence with O'Xelveny and Myers. It was moved by Cmn. Robinson, seconded by Cmn. Ledgerwood, that the City Attorney and the City Manager lbe authorized to negotiate with O*Melveny and Myers for the cal1:ing of a bond election, and a contract be presented to the Council for their approval at the adjourned meeting of Octo- 5er 22, :L957. Mr. Smitih stated he had been contacted by Mr. Ray Eberhardt in regards .to whether or not the City wished to go ahead with the San Lais Rey Water Rights Adjudication suit in the event the L. 3 purchase of the Mutual was consummated. He pointed out that in accordance with the terms of the contract the City agreed to protect these rights, General Rogers was present and was asked his opinion on the matter. GENERAL ROGERS stated there had been two other 'cases of this type in other areas that took approximately 8 years to adjudi- cate, and he was not so sold on the idea that it was the proper thing to do. He pointed out it would cost thousands of dollars for the proceedings of the suit. He further stated Oceanside is just as much concerned with these rights and he did not feel that Carlsbad should bear all the costs. By common consent of the Counc'il the City Attorney was instruct- 'ed to contact Mr. Eberhardt as to the time limitations on the suit, and the City Manager be instructed to write a letter to the City of Oceanside and inquire -as to their interest in a joint suit . 3) Contract with Financial Advisor. By common consent of the Council it was agreed that the contract with the Financial Ad- visor be held over until such time as the City had entered into a contract with the firm of O'Melveny and Myers. b) Bngineering. I I 1 1) Basswood Avenue Sewer Pro.iect. The City Engineer reported that Mr. Nelson, Mr. Anthony and hinself had met with Mrs. Daig- er regarding the cutting down of the hill on Basswood. Mrs. Daiger read a letter from her husband in which he stated that they would not be in favor of any action by the City Council to cut down this hill and regrade a driveway on their property. Cmn. Robinson asked about the solution of making a trench down Basswood to install this sewer, then replacing the road to practically its same grade, and how the cost of this plan would compare with the original plan that was presented to the Daig- ers. The City Engineer stated the costs would probably run about the same, and asked the City Attorney if the street were to be lowered 2 or 3 feet, would the City be liable. The City Attorney felt that if the Daigers were inconvenienced by this cut, the City would be liable. Cmn; Robinson stated he felt the City should proceed with the sewer project if the Daigers would not be inconvenienced. After considerable discussion, Cmn. Helton moved that the City Engineer be instructed to pro- ceed with the work for the construction of this seweF project, that the. funds be authorized for such project, 'and the grading of the street be kept as near to the present grade as possible. Seconded by Cmn. Ledgerwood. All ayes, notion carried. 2) Pine Avenue Sewer. The Council members were informed by the City Engineer that sufficient signatures had been received to proceed with sewers on Pine Avenue under the, 1911 Act. It was moved by Cmn. Helton and seconded by Cmn, Ledgerwood that the City Manager be instructed to contact the Health. Officer of the City of Carlsbad for an opinion as to whether or not sewers are required on Pine Avenue as a means of protecting public health. All ayes, motion carried, Cmn. Baird absent. I A short recess was declared by the Mayor. The meeting recon- vened at 9:lO P. M. 3) South Carlsbad Water Project. The City Engineer stated the property owners of the newly-annexed property in South Carlsbad had requested that water be furnished to their przoperty; that a plan had been submitted to the Carlsbad Mutual Water Company at th,eir meeting of October 15, 1957, but the plan as submitted was not satisfactory to the Mutual because of the suit that was filed in 1913 by the City of Oceanside prohibiting water being ftwnished south of the Agua Pedionda, and the Mutual system was not designed to deliver that quantity of water at Tamarack. They indicated that if the line could be run easterly and tie in with the Calavera line, it would be more satisfactory with the design of the Mutual. Mr. Kubota informed the Council that a meeting had been arranged with the owners for October 16th to see how they felt in regard to this alternate plan. Mr. Kubota pointed out this alternate plan would not necessitate a pumping station, and even though the plan would require more pipe line, 3 the cost would probably run about the same as the original plan. Ey common consent of the Council members the City Engineer was instructed to continue to work with,the property owners for some solution. c) Health. 1) Dr. Askew, County Health Officer and also Health Officer of the Cit:y of Carlsbad, was present and presented an annual report of the services offered thrmghout the County of San Diego. d) Finance. 1) A monthly report submitted by the Director of Finance was presented to the members of the Council for their review. 2) Bor~owing of Money. Resolution No. 300. Recommendations from the City Treasurer and the Director .of Finance were pre- sented to the Council, recommending that the City negotiate with the bank for a loan to take. care of expenditures until such time as the tax mondes have been received. Resolution No. 300 was presented to the Council for their approval, authorizing the borrowing of funds and issuance of a note to secure said loan. It was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that Resolution No. 300 be adopted, All ayes, Resolution No. 300 adopted. Cmn. Baird absent. - e) Park and Recreation. 1) A letter from the Building Committee of the Carlsbad Woman's Club was read, wherein they recommended that the club transfer $25,000 to the City to be used towards a Community 3uilding, said funds consisting of $21,000 in cash and a lot valued at $4,000. In return for this contribution the Club is-to receive use of the facilities for a specified time, approve the site and plan, and the project would be started within one year from date and completed within two years from date. The Council members expressed their appreciation and thanks for .such a Contribution by the Wonants Club. Mrs. Sutton was present and stated they wished to enter a nation-wide. contest sponsored this year by Sears-Rohbuck and Cot, as the Club contributing the most towards . community benefits would receive a prize of $5,000, and they would have to enter into a contract with the City by March 1, 1958, in order to be eligible for this contest. Tt was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that the gift of the Woman!s Club be accepted, such acceptance to be conditioned upon the City fulfilling the following terms and conditions: 1, A contract be entered into between t he parties on or'before March 1, 1958; . 2. The construction of the building be commenced on or *before one year after date of contract; and 3. The community project building be completed on or before ' two years from date of contract . I It was pointed out by the City Attorney that if a contract cannot be worked out by March 1, 1958, the offer from the Wornants Club be returned. 2) Blemo~?andum from the .Park and Recreation Commission recommend- Hdg to the City Council that at such time as the Huntley proper- ty is purchased, the property be designated as part of the Park System. I 3) Memorandum from the Park and Recreation Cornnlission requesting the Huntliey property be rented on a monthly basis and the pro- ceeds be placed in the Park ..Fund. The Director of Finance was special accounts; the property had been leased with an option to purchase and that said funds were to come out of the General Fund, Mrs. Sutt,on stated the Commission would like to use the Huntley property for Teen-Age groups and Oldsters, and they felt that according to the ordinance this property should become the prop- erty of t,he Park and Recreation Commission. The City Attorney informed the Council his interpretation of the ordinance was that only properties acquired through gift, gratuities, etc., would , present and stated that the City Funds were not sat up to allow a come under this jurisdiction. It was unanimously agreed by the Council that this property would not become the property of the "Park and Recreation Commission, 4) Memorandum from Park and Recreation Commission recommending to the -City Council that the two parcels of City-owned land at the westerly end of Elm Avenue and Grand Avenue be held by the City and not sold, The members of the Council concurred with this recommendation, 5) Memorandum from the-Park and Recreation Commission recom- mending to the City Council that arrangements be made with the School Board to permit. installation of a Little League Ball Field at the Magnolia Street School; Mr. Greg Losa, President of the Carlsbad Optimist Club, had infornied the Commission the Op- timist Club had agreed to furnish and install a backstop and fence similar to that of the Jefferson Street School (and poss- League activity during the coming summer vacation, but request- ed the 'City to provide facilities to water, drag and line the field several times a week during their season. It was pointed out by the Commission this plan would be appraximately the same general plan that has served very.well at the Jefferson Street Schopl: last summer, and would provide another facility for rec- reation in Carlsbad at very little cost to the City, Cmn, Rob- inson moved that the City Manager start negotiations with the Magnolia Avenue School Board to comply with the recommendations of the Park and Recreation Commission, Seconded by Cmn, Helton. All. ayes, motion carried, ~ ibly bleachers); the Club proposed to supervise the Little 6- OLD BUSINESS: a) Ordinance No. 3030 amending Ordinance No. 3005. The petition which had been presented earlier in the meeting was read, where- in the merchants on State Street requested that the section of - the proposed ordinance #3030 prohibiting pick-up trucks to park. on *State Street be deleted. The Council asked for a report from the Chief of Police, He informed the Council the problem of the large trucks had been taken care of by the trucks making their deliveries in the alley, but he still was not of the opinion that the prohibiting of pick-up trucks was the answer. He sug- gested the Traffic Committee be expanded .so that 2 or 3 members from the business area be appointed to the Committee. The Mayor stated he concurred with the Chief's suggestion that wekave more representation, Cmn, Ledgerwood asked if a Commission could be set up for such matters as traffic problems. After considerable discussion Cmn. Robinson moved that the City Attorney be in- structed to rewrite Ordinance No. 3.030 deleting the prohibiting of pick-up trucks parking on State Street. Seconded by Cmn. Helton. All ayes, motion carried. . .. Crnn, Robinson moved that the Mayor be empowered to appoint a Commit%ee' to ^study the traffic problems on a temporary basis for a period of six months to work with the traffic committee, Seconded by Cmn. Helton, All -ayes, motion carried. The City Engineer requested that the State Street parking be the first item on the agenda for this committee. b) Letter from W, D, Cannon requesting vacation of a portion of the street where his fence is located on Shore Drive, A drawing of this portion of Shore Drive was.presented to the Council. Cmn. ,Robinson moved that the matter be referred to the Parks and Rec- reation Commission and the Planning Commission, and a report be submit'ted to the Council for their next meeting by both Commis- sions. Seconded by Cmn. Helton, All ayes, motion carried. 7- NEW BUSINESS: a), ,Petition for Sewers - Chestnut Avenue, The City Engineer stated that a petition had been submitted from two property owners on Chestnut Avenue east of Westhaven, They proposed to have this sewer inst'alled on a cash basis. No action was taken at this time by the Council. b) Oak Avenue Sewer. Resolution No, 301, The City Manager inform- ed the Council that the Engineer of Work had filed with the City an assessment and diagram for certain work and imprsvement on 3 c) Oak Avenue, which has been cqmpleted, and the City Clerk had been instructed to give notice of filing of assessment and time of hearing,, Resolution No. 301 was presented to the Council. Cmn. Melton moved that Resolution No. 301 be adopted, directing the. City Clerk to give notice of filing of the assessment and fixing time of hearing for Assessment District No, 1-1957. Seconded by Cmn. Ledgerwood. All ayes, Cmn, Baird absent. The City Engineer requested authorization from the City Council to attend a meeting of the American Water Works Association in San Jose from October 30, 1957, to November 1, 1957. It was moved by Cmn, Helton and seconded by Cmn, Ledgerwood that the City Engineer be authorized to attend the meeting of the Ameri- can Water Works Association in San Jose from October 30, 1957, to November 1, 1957. All ayes, motion carried, d) Cannon Road Sign. Mr, W, D. Cannon was present and stated he had read in the newspaper where the City was going to request the State Division of Highways to remove th; signPf1Cannon Road" from the highway, as it was not a dedicated street. Mr. Cannon re- quested that this sign not be removed as his address is listed on Cannon Road. The Mayor informed Mr, Cannon that as soon as Mr. h'elson returned, he would take the matter up with him. 8- PAYMENT OF BILLS - RATIFICATION OF PAYROLL, Cmn, Robinson moved' authorization of payment of bills from Octo- ber 1, 11957, through October 15, 1957, in the amount of $7,287.80, as certified by the "Director of Finance and approved by the Aud- iting Committee. Seconded by Cmri, Helton. All ayes, motion car- ried. Cmn. Robinson moved ratification of the payroll for the first half of October, 1957, in the amount of $8,652.87, as certified by the Director of Finance and approved by the Auditing Committee, Seconded by Cmn. Ledgerwood. All ayes, motion carried. 9- It was moved by Cmn, Helton and seconded by Cmn. Ledgerwood that the meeting be adjourned. to October 22, 1957. The meeting was declared adjourned at 10:45 P, M. qqctfully su AR ARET -"r@S3 E. ADAIS A ' Deputy City Clerk """-""""""""""""""" ' MINUTES OF ADJOURNED REGULAR E"JEET1NG OF CARLSBAD CITY COUNCIL ' October 22, 1957 1- The meeting was called to order at 7:lO P. M, by Mayor'Castorena. Present besides the Mayor were Councilmen Robinson and Helton; City Manager Pro Tern Jack Y. Kubota and City Attorney Smith. Ab- sent were Councilmen Baird and Ledgerwood.' 2- BASSWOOD SEWJ2R. The City Engineer informed the Council that he had met with the subdivider, R. L. Watson, and the Contractor for the the sewer project, and they had run into some dS,ficulties. He stated that because of not being able to cut this hill down and in order to run this trench down Basswood the City would have to provide a 20' road bed 641 deep, and that this plan would not be feasible! because of the time and materials involved. 1-t was pointed out this method would run over $1,000.00 in City costs * under the existing contract price,' the cost would exceed the funds available by $,080.00, but the contractor had stated that if the City would take care of the paving of .the street that that would leave a balance of $3,500.00, and he would be willing to take a credit for this amount. The City Attorney pointed out the City could not legally have credit and the only way that this coul be worked out would be under a refund agreement, The agreement ' would p1r.ovide that the con'tractor would receive 75% of all connec- tion fees received by the City on the 'area from Basswood exten- sion to a point 500 feet, plus or minus, west of the intersection of Basswood and Valfey, said agreement being for a period of 10 years. By mutual agreement of the Council the City Engineer was instrucked to contact the contractor to see if this plan would be