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Home My WebLink About1965-03-08; City Council; MinutesI 'a I , % ,. -1 .) :CITY bF CARLSBAD & '\ 8, '. '\ 8, t 8.. 8, :Minutes of: CITY CCUNCIL (Adjourned) * ', '\, \\ [Date of Meding: March ir, iQSS \ y 11 : Name '-, 4 !Time of Meeting: 6:30 P.M. : of '4 'Place : ""_ * """"""" of Meeting: "~""""""_"""""""" Council Chambers """-"""""""4--"---"""-"-- : Member !ROLL CALL was answered by Councilmen Atkinson, I 1 :Dunne, Neiswender, Jardine and Hughes. Also present i :were City Manager Mamaux, City Attorney Wilson and : !City Clerk Adams. t IMayor Neiswender announced this meeting had been ad- 1 ijourned from March 2, 1965, at the request of Crnn. :Hughes concerning the letter of resignation of the City i !Treasurer, Wesley F, Greek :The Mayor inquired of Cmn, 3ughes as to whether he had I :discussed the letter of resignation with Mr. Greek. I 1 :Cmn, aughes stated he had had lunch with Mr. Greek and ! !after discussing the matter with Mr. Greek he felt the re- i isignation shotild be accepted with regret. In his opinion I ;Mr. Greek had done a fine job as City Treasurer. How- i jever, he would like to recommend that a study be made of ; ;the salary scale for the City Treasurer prior to the next i jelectim to make it more realistic. I I I I I 88 8" I I * * 0 I I I I I L a : I I I I I I I I I I I I !By motion of the Council 3. esley F. Greek's resignation as:Atkinson ;City Treasurer was accepted with regret, iDunne t t Nei sw ender I I I * I !sardine I I :Hughes I I :By motion of the Council it was agreed that the pay scale htkinson :of the City Treasurer be studied.prior to the next election iDunne !in order to make the figure more realistic. iNeiswende1 I I I :Jardine I I :Hughes I I !Special census. The City Manager informed the Council i :the city wmke to have a special census taken by the ; !Finance Department of the State of California, to enable I tthe city to receive more monies from the State. The City ; !will have to enter into an agreement with the State to have I :this service performed. I I 1 I I ;The following resolution was presented: ! I I I I I I :Resolution No. 1115. A RESOLUTION OF TEE CITY I I I I * UNCIL OF T"LZE CITY OF CABLSBAD, REQUESTING i :rm STA-TE CF CALIFGRNU~, DEPA~TMENT OF I !FINANCE TO PREPARE A PCPUUTION SUSVEY AND ktkinson :AUTHCRIZING THE EXECUTI~N~F AN AGSEEMEWT bunne !BETWEEN THE DEPAATMENT CF FINANCE ANIS THE peiswender :CITY OF CARLSBAD, was adopted by title only and furtherJardine !reading waived. !aughes I 1 $hopping center complex, I I I * I * I :The City Manager stated that The May Company, together i :with various land owners, was considering constructing a : .;large shopping center complex in the City of Carlsbad, and: Fished the City to furnish parking facilities for the comple2. petter of intent to be sent to The May Company and the pro-; gerty owners, agreeing to furnish said facilities. by motion of the Council the Mayor and City Clerk were 8tkinson Futhorized and directed, on behalf of the City, to execute Bunne pnd send the following letter of intent to The May Stores Veiswender Phopping Centers, Inc. , the land acquisition of The May 'Jardine sompany, and the said property owners: Bug hes :The Manager recommended that the Manager cause a I I * I I I I I * 8 0 1 1 I I I t f I I . I I I I I l 4 I I I I I , la I 1. I ., ', ., ', ', I I I I I ', \\\, '., 1 '. 8 '\ ! I -=., '*, 'x, I -2- I Name '\,'\$ I 1 of *$ I C 8 f Member ' 8 I :""""""""""""""""""""""""""""""-"""""""!""""""-" i ;The May Stores Shopping Centers, Inc. i FAWCC, a partnership :Mr. Harry J. L. Frank, Jr. 1 i Gnetlemen: 0 t ;~r. Bernard Cttron I I 4 I I 1 I h 1 I 1 I ! I 1 !We understand that you, hereinafter called the Developers,! !are desirous of constructing a large shopping center com- : :plex in our city on a portion of the following 'site: I I I I I I I I I That parcel of land, in the City of Carlsbad lying west: j of El Camino Real, Southerly of Vista Way, bounded : : on the west by Jefferson Street, and having approxi- i i rnately 112 mile frontage on El Camino Real. I t ;This complex would accommodate The May Co. and sever9 :other chain stores plus some other service stores. You ; !have asked if our city would undertake to furnish the publi+ :parking facilities for this complex, We will be happy to do: 1.0 and this letter is to confirm our intent to work out the i :details of the project with you. I * :We suggest the following as a general outline of the steps i :which must be taken: t + I I' I 4 t I I I 1 I I I I I I 1 1 1. preliminary architectural plans must be pre- ' I 4 ! : pared, I I b I 2. Part of the site should be donated to the-city. i f The deed should contain suitable restrictions as to thei I {Govt. Code 37354, 31355). Suitable provisions for i i use of the property for free public parking purposes i I exchange of the deeded property for other property if : ! it appears to be in the best interests of the contract- : i ing parties to do so. ! I I I t I I I I I I I I I I I I * I I I I I 1 t I b I I t I I I I I I I 3. The city would provide for the formation of a t nonprofit corporation. I 1 I I 4. The city would execute a lease lease-back with i this Wnprofit corporation under which the nonprofit : corporation would lease the land deeded to the city and would agree to build the parking facilities thereon in i accordance with plans and specifications provided by : the Developers, and lease the completed improves I ments back to the city. This construction could be I done in phases, if that seems desirable. I ! I I 8 5. The nonprofit corporation would sell bonds to obi i tain the money with which to construct the improve- ; * I ments. The bonds would be secured by an indenture i ! ' of mortgage and deed of trust pledging the lease pay- ! * ments to bond retirement. If the project were to be i f constructed in phases, the nonprofit corporation ! ! would similarly phrase its bond sales. f 1 8 I I t b I b 6. A ruling would be obtained from the Internal Re-! i venue Service that the nonprofit corporation's bonds \ : were exempt from income taxes. I I I t t I 1 I * 7. A policy of title insurance ?rl;Ad be obtained . i i covering the conveyance of land r-ud t5e lease lease- f 0 I I I I 9 I 1 back. I I 8, The city would execute an o2;erati.q contract i i with the Developers for the Developers to operate and i : maintain, at no cost to the city, the parking facilities. ; i Suitable controls would be placed in this contract to I : comply with the applicable judicial precedents. I I I I ! ! .) - c I , ',\., -* 1 8 8, '8 ' '1 I I I I *, ', '8, '. I -3- I '\ \' *, '1 I I Name 'x, \$ I : of 8* I I Member ' ;""""""""""""""""""""""""""""""""~"""-"-~""""-""" $ '8 'x ' I I 0 !Many of the above documents would be prepared for execu-i ition at the same time. This means that all parties will be ; i spending money in order to properly document the trans- I :action. The developers will be incurring architectural ; !fees in order to develop preliminary plans and specifica- i Itions. All parties will be incurring legal fees. The city : !will be incurring fees of its financial consultants. !Since all of this must proceed simultaneously and since out lcity will be incurring expenses, we wish that you would iconfirm your intention to proceed in accordance with the ; i !above outline to work out the details of this transaction and: :to enter into the same at the proper time. I Very truly yours, 4 1 t I I I I I I I I I I I I I I t I I I 4 I I I I I I I I I t I THE CITY OF CABLSBAD i $ I I I I 1 I I I I I I I I I I t I I I I I s CABL 8. NEISWENDER IA.TTEST: ~IVKREARET E. ADAMS Mayor I I i City Clerk I I i (SEAL) I I I I I I I I !By motion of the Council the City Clerk was authorized anqAtkinscn :directed to send a certified copy of the minutes of this :Dunne :meeting regarding the City's letter of intent to The May INeiswender :Company and the various land owners, to each of the ad- :Jardine idressees of said letter. iilughes !Appointment of Cit Treasurer. Cmn. Hughes stated he i :tion to fill the unexpired term of the City Treasurer. Cmni !Atkinson moved that the nominations be closed. I :By motion of the Council Frank C. Xice was appointed to !Atkinson :fill the unexpired term of the City Treasurer. iDunne I 1 I I jwould like --" to place e niprank C. Rice for nomina-: t t 8 I 1 I I I I I Xeiswender I I Jardine I I :Hughes I I I ;By proper motion the meeting was ajourned at 6:40 P, M, i t ! 4 I Respectfully submitted, I I L I . I I I I "Qp$gi.f+" "o.&mL* iM .R Ai3X I?, ADAMS :City Clerk & t t I t I I 1 I I I I I I I I I I I I I I I I I I 3 I 1 8 I I I I I I I I I t I ! I I I I I I b I I I I I I I 4 I I I I L I I I I I t I I I I I * a I I I s 1 I t 1 I t I I I I I I I I I I