Loading...
HomeMy WebLinkAbout1957-05-21; City Council; Minutes12: 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 Cmn, Baird. Five ayes, no nays, Resolution adopted. Cmn . May City Raircl moved authorization of payment of bills from April 16th to Manager and approved by the Auditing Committee. Seconded by Cmn. 7th, inclusive, in the amount of $15,478.73, as certified by the 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 tho Auditing Committee. Seconded by Cmn, Robinson. All ayes, motion carried. The meeting was declared adjourned at 8:57 p. M. Respect lly submitted, .-&-2i" NATALIE VEKMIL A V Deputy City Clerk. """""""""~"""""""""D MINUTES OF KEGULAR MEETING OF CARLSBAD CITY COUNCIL May 21, 1957 MeGting called to order -at 7:OO P, M. by Mayor Castorena. Present be- sides the Mayor were Councilmen Robinson, Helton, Baird, Ledgerwood, City Manager Nelson, City Attorney Smith, City Engineer Kubota. Cmn. Helton moved approval of minutes of the meeting of May 7th as writ- tTn.-' Seconded by Cmn.,Ledgerwood.- All ayes, motion,carried. - WKITTEN CORRESPONDENCE : (1) Letter from Oceanside-Carlsbad High School Djstrict inviting Coun- cil and City officials to ground-breaking ceremony Wednesday, May 22nd, at 1:OO P. M, on Carlsbad High School site. Cm?. Iielton, Vice Mayor, was asked to represent the City. (3) Letter from Chamber of Commerce advising that the Merchant's Com- 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 he had written General Petroleum Corporation thanking them for their offer. (31 Letter from Carlsbad Boat & 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 the-or- dinance is not effective until approval of the lease by the Public Utif- itiss Commission, which has not been received. ACQUISITION OF TERRAMAR WATER COMPANY: Cmn, Baird reported that a meet- ing with Mr. Cannon was held, Mayor Castorena, City Manager Nelson, City 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 amrecommendation 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 meat with Mr. Gcke and then meet again with City officials, He ex- pressed himself as being opposed to a city-wide bond issue to finance purchase of both Terramar 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. t ACDUISITION OF MUTUAL WATER COMPANY: Mr. Carl Lough, 5157 Shore Drive, spoke at considerable length on behalf of the opponents (unidentified) to, the City's of fer of purchase of the Carlsbad Mutual Water Company, bringing out the following objections: (1) thatathe Municipal Water Dis- trict appears to be entering into competition with the Mutual system, whether City-ownecb.,or not, which- would seem to render it a waete of time for ,the City< to pupchase the Mutual; (2) criticism of the Mutual Board for failure 'to.' insist upon certain rights and guarantees prior to solicit- ing consents. for the sale; (3) dissatisfaction with the $100.00 par acre inclusion fee for presently non-stocked lands, on the basis-that some shares prestntly,involve an $800.00 capital investment and most represent at least'a $500.00 capital investment; suggesting a charge of $25O.OQ per acre; .(4) that some shareholders who had consented and approved the prog- ram up &+p the point of the $lOO,OO inclusion fee, would now withdraw their codbents unless-the Council reconsiders on that point; (5) criti- cising tE& early letters sent out but agreeing that the last letter is more acceptable, and that most people feel it would be to the benefit of all for the City to own the water. system; (6) recommending that the con- sents'accumulated be thrown out as illegal, due to the factors involved, and that the Coun,cil begin agai,n with a letter advising the%paople fully of the situation as it now stands, enclosing new cards (Mr. Lough offer- ing to help draft an acceptable letter); (7).protesting the dual direct- orships (Rogers, Municipal-Mutual, and Robinson, Mutual-Council), stat- ing that outside attorneys have been consulted re: recall proceedings, 1 .and also in regard to possible litigation if agreement cannot be reached; ! (8) that If the City pays more.,than $50,0.00.00 for Terramar Water Com- I pany it will be paying a penalty.- ~ Mr. Lough was questioned by Cmn. Baird as to.how close he felt the two groups were to agreement, and replied that except for the ,amount of the inclusion fee and the manner in which the consents were obtained, diffsr- ences wera negligible . The City Attorney stated he would insist on the matter. baing adjudicated' through the Courts on a test suit, friendly or unfriendly. There was some discussion on the question of whether the Council should reconsider the inclusion: fee, and the City Attorney stated he felt if some of the consents had been given on the basis of the .$lOO.OO inclusion fee, they might be invali'dated by changing the amount of the fee. W. W. Rogers, Municipal District director,:stated he was opposed to going., back over the whole proposition -- that the Council should stand pat un- til the necessary consents are received on the present basis. I The City Attorney stated that on the basis of a market value of $250.00 per share for the stock, an inclusion fee of the same amount would pre- clude any priority to the present shareholders. Mr. -Lough stated it was recognized that in case of dire emergency, domestic users would have-to be provided for before any irrigators could have water. Cmn, Robinson commented he believed the opposition should come out of anonymity. and identify themselves, and complimented Mr. Lough for coming forth and making his objections known. It was decided by the Council- to hold an adjourned 'meeting on Monday, May 27th, at 7rOO P. K. to further discuss the water issue. Mr. Melvin Lull, 3981 Garfield, asked permission to nail down sheeting on his garage building as a safety measure, although temporarily estopped from proceeding with the construction until a -legal defect could be cor- rected by granting of a variance. He was advised that although such per- mission could not be granted, in view of the safety factor involved the City might withhold further abatement temporarily. After a 15-minute recess; the Council wasreconvened at 9:25 P. M, ADAMS STREET SEWER EXTENSION: City Engineer Kubota presented a tracing of the proposed extension, stating that of the estimated $1965.00 cost, $1412.00 had been subscribed by owners Fagan, Weingartner and Snedecor, and that one party on the west side of Adams would join if he can get into the sewer. Mr. Kubota stated that the east side of Adams only can be served -- that the- west side is lower and cannot be sewered from the proposed line, Mrs. Kay Christiansen, realtor, stated that the Snedi.cor property, for which they are rental agents, has a history of septic tank failures and the owner had signed the petition for sewer on the basis of an approximate cost of $853.00 given him early this year. Mr. Rubota asked that the staff be authorized to proceed with a survey to ascertain whether any individuals will advance additional funds. Cmn, Robinson moved that the City Engineer be authorized to prepare engineering studies for sewer extension on Adams Street. Seconded by Cmn. Helton, All ayes, motion carried. ARLAND ROAD SEWER EXTENSION: Mr. Kubota asked that he be authorized to engineer Arland Road for sewer, based upon a request from Mr. McEwan, .owner of a parcal on Arland Road south of Highland, who is interested in putting in sewer for his own property under the sewer extension or- dinance. Cmn, Robinson moved that the Engineer be authorized to pre- pare detailed sewer studies on Arland Road. Seconded by Crnn. Ledger- wood. ' Four ayes, no nays, Cmn. Helton abstaining. McKINLEY STREET SEWER EXTENSION: 'Mr. Kubota reported that a petition for sewer on McKinley Street being circulated by Dr. Pace has not been returned yet, but Dr. Pace proposes to pay for frontage on both High- land and McRinley,and ?&, Shores and Dr. Alexander will come in; that the extension will tie in with the Basswood job. Cmn. Robinson moved that the engineer be authorized to proceed with studies for sewer on Mc- Kinley Street. Seconded by Cmn. Ledgerwood, All ayes, motion carried. Cmn. Robinson m!)ved the adoption of Resolution #264 authorizing engin- eering studies for sewer extension on Arland Road, McKinley Street and Adams Street. Seconded by Cmn. Ledgerwood. Four ayes, no nays, Cmn. Halton abstaining, Resolution adopted. AMENDMENT - SPEED LIMITS2 I&. Nelson rFad recommendation of the City Engineer, Police Chief and.Traffic Engineer that the speed limit through Terramar be increased from 25 to 35 PIPH; between Terramar and south end of State Park, from 35 to 45 MPH. After a brief discussion, Cmn. Led; gerwood moved that the City Attorney prepare an amendment to Ordinance #3005 to accompl-ish the recommendations of the City.Engineer and other officials, Seconded by Cmn. Robinson. During discussion, Mr. Claud Fen- nel, realtor on Carlsbad Boulevard, pointed out that confusion results from the three 'ihanges of speed along the boulevard and causes motorists to use the Freeway rather than contend with the 25 MPH traffic on Carls- bad Boulevard. After further consideration, Cmn. Robinson withdrew his second of the motion, and Cmn. Ledgerwood withdrew his motion. Cmn. Lad- gerwood then moved.that the recommendation be referred back to the Chief of Police and other officials for further study. Seconded by Cmn. Baird. All ayes, motion carried. Mr. Relson read a recornmendation of the Traffic Engineer that a STOP sign be placed a.t Valley and Magnolia against traffic on Valley entering Magnolia. Cmn. Baird moved that the City Attorney be instructed to pre- pareran amendment to Ordinance #3005 to accomplish the recommendation of the Traffic Engineer., Seconded by Cmn.. Robinson. All ayss, motion car- , ried, PARK Ci RECREATION COMMSSSION: (1') Recommendation that. approximately 70 trees on Chinquapin between Adams and Highland, on the Atkinson property line, be removed, cost to be shared equally by City and property owner ($45O.C0), Cmn. Helton moved that the recornmendation of the Park e Recreation Commission be accepted. Seconded by Clan. Ledgerwood. All ayes, motion carried. (2) Recommendation that 40 acacia trees be removed from property of Harry Van SickBe at Valley 6 Oak, ,Mr. Van Sickle to pay cost of removal and Qlant new trees, Cmn. Baird moved that the recommendation of the Park E+ Recrea- tion Commission be accepted, Seconded by Crnn. Robinson. All ayes, motion carried. Title and number of Ordinance #lo49 was read, authorizing amendment of contract with State Retirement System, constituting second reading. Cmn. Ledgerwood moved that Ordinance #lo49 be adopted. Seconded by Cmn. Hel- ton, Five 'ayes, no nays, Ordinance adopted. Title and number of Ordinance #lo50 was read, defining duties of Director of Finance. Ckn. Ledgerwood .moved that Ordinance #lo50 be adopted. j Five ayes, no nays, 0:rdinance adopted. City Attorney Smith stated he had been reminded by Ted Robirts of 369 Hem- lock, that at thts time he connected to the sewer on Washing6on Street, before adoption of the sewer main extension ordinance, he was given aSSUF- ances that such ian ordinance was under cqnsideration and that if and when adopted, he ,wouldl be eligible for refund fromaother property connecting, a maximum refund of $180.00 being mentioned. During discussion, it'was brought out that there will be' other similar situations where refunds will . 2c 4 c be indicated, including some subdivision property. By common consent to review the matter for the Council. Cmn. Robinson moved that the City Manager be instructed to write Everts b FIsenoff a letter authorizing .them to proceed with the annual audit. Seconded by Cmn. Helton. All ayes, motion carried. The Council considered the claim of John H. Grant of Schnapps Shop for refund on 1956 business license by reason of his failure to segregate liquor sales from gross sales in reporting'income, After discussion,. Cmn. Baird moved that the overpayment of $20.. 00 hy Mr. Grant on his 1956 business license be refunded. Seconded by Cmn. Robinson. All ayes, mo- tion carried. DAMAGE CLAIM - CROSTHWAITE: Mr. and Mrs. Angel Crosthwaitels claim against the City for property damage at 245 Tamarack, resulting from water damage, was considered. The City Attorney stated that claims of this nature must be submitted within sixty days of occurrence, Mr. Nel- son brought out the point that the City had no control over development of property across the street. The City Attorney recommended against ac- cepting liability for the claim and that same be referred to -the City in- surance carrier. = Cmn. Baird moved that,the City Council reject the claim of Mr. and Mrs. Angel Crosthwaite, and that same be referred to the in- 3 surance carrier. Seconded by Cmn. Helton. Four ayes, no nays, Cmn. Rob- -4 inson abstaining. Motion carried: 3 Z Mr. Nelson reported that at the next Planning Commission meeting a rep- '? resentation would be made recommending adoption of interim zoning of an ' area under consideration for a commercial shopping center, under which the. City would have an opportunity of reviewing each structure as it . comes up. The City Attorney was asked to study the State-Law and be ready to discuss the proposition at the adjourned meeting. -the City Manager was instruc'ted to go back into the minutes and be ready The City Attorney asked for'reaffirmation of the Council re: assessing business license against outside real estate operators. By common con- sent, the City Attorney was asked to check into the ordinance and, see if this provision is adequately covered. Mayor Castorena stated he had had a call from Mr. Lilley inviting City officials to the dedication of the new County Building at 2:OO P. M. Friday, May 24th. Cmn. Baird moved authorization of payment of bills from May 2nd to 21st, in the amount of .$3968.95, 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 first half of May in the amount of $6812.34, as certified by the Director of Finance and approved by the Auditing Committee. Seconded by Cmn. Robinson. All ayes, motion carried , Cmn. Helton moved that the meeting be adjourned to Monday, May 27th, at 7:OO P. M. Seconded by Cmn. Baird. All ayes, meting adjourned at 10:50 P . M . V &ad.. espec fyl &+ submitt, , NATALIE VERMILYEA .' Deputy City Clerk , """"_-_-1_"""-~"""""""- MINUTES OF ADJOURNED EETING - OF CARLSBAD CITY COUNCIL May 27, 1957 Meeting called to order at 7:04 P. Me by Mayor Castorena. Present be- sides the Mayor were Councilmen Helton, Ro,binson, Baird, Ledgerwood (7:lO P. M.); City Manager Nelson, City Attorney Smith, City Engineer Kubota , Considerable discussion of the amount of the inclusion fee to he-charged the "non-stocked" lands, and other related questions, was held for one hour and ten minutes. Mayor Castorena asked Cmn. Baird to confer with those ,p?rsons who are opposed to the present policies of the City Council No motions were presented to the Council.