HomeMy WebLinkAbout1956-06-19; City Council; MinutesUpon motion by Cmn, Helton, seconded by Cmn. Baird, and carried, the
approval of the addition of a half-time Aide to the Planning Commission
was given, for the period to January 1, 1957, after which a full-time
position will be created.
Upon motion by Cmn, Helton, secdnded by Cmn. Baird, and carried, the
Council approved the hiring of a Librarian and a part-time Aide for
the Library Department,
The meeting was adjourned at 9:45 P. M,
Respectfully submitted,
/sgd/ M. 0. EWALD, City Clerk
MINUTES OF THE REGULAR MEETING OF THE CARLSBAD CITY COUNCIL
June 19, 1956
The meeting was called to order at 7:02 P. M, by Mayor Manuel M, Casto-
rena: Present besides the Mayor were Councilmen Helton, Baird, Robin-
son and Ledgerwood (7:08 P. M.). Also present were City Manager Nelson,
City Attorney Smith and City Clerk Ewald.
After discussion, Cmn. Helton moved the approval of the minutes of the
meeting of June 5, 1956, as written. Seconded by Cmn. Robinson, All
ayes, motion carried.
After correction noting that the City Attorney was not present, Cmn.
Baird moved the minutes of the adjourned meeting of June 11, 1956, be
approved with indicated correction. Seconded by Cmn. Helt on, All
ayes, motion carried,
CORRESPONDENCE: City Clerk Ewald read the correspondence as follows:
(1) Notice of creditors' meeting for the HEM Corpoi-ation, to be held
on Kay 24, 1956, City Attorney Smith informed the Council that the City
has a claim pending against the corporation, in the amount of $509.CO,
for back sales tax and business license fees. After discussion, by com-
mon consent the City Attorney was instructed to attend this meeting to
appear on behalf of the City in'the presentation of this claim.
(2) Resolution No, 7 of the United States Senate relative to the con-
struction of a dam on the San Luis Rey River at Bonsall,
City Manager Nelson reported he had received a telephone call from Su-
pervisor Dean Howell regarding the harbor survey funds, The Board has
tentatively decided to pay the $5500.GO to Engineer R, L. Fatterson
with the possibility of developing a harbor at the Agua Hedionda Lagoon,
Upon Supervisor Howe 11 ' s motion, which was seconded by Supervisor Austin,
the County Clerk was instructed to invite the City Manager and City At-
torney to meet with the County Counsel and Chief Administrative Officer
to work out a means by which the County may pay for the survey. The
meeting will be scheduled in the near future,
City Clerk read a rough draft drawn by Chairman of the Harbor Commission,
addressed to Supervisor Howell, asking that action be stepped up on the
request for financial participation. In the light of the new develop-
ments reported by the City Manager, the Council did not feel that the
letter would be necessary at this time, but rather that the correspon-
dence be delayed until such time as the City officials have met with the
Board and some definite determination has been made.
City Manager also reported Mr. Howell had stated the Board has directed
the County Surveyor to conduct land survey of the property site for the
Palomar Airport and the purchasing agent has been instructed to proceed
with steps toward the acquisition of the site, Public Works Director
Anthony informed the Council a call has been received from the County
Public Works Department inquiring about the possibility of channeling
water to the property, The suggestions were made that the County might
obtain water from the Kentner Ranch, which maintains its own well, or
the possibility that the Mutual Water Company might consider running a
temporary line from Calavera Lake for temporary use.
A report on the Public Hearing, which was held by the Planning Commission
on June 12th at the Pine Avenue School auditorium, was made by the city
Manager, All property lying westerly of the Freeway was discussed at
that time, with interested persons appearing to voice any comments or
protests on the proposed zoning for the areas or the text of tile pro-
posed zoning ordinance. It was the general opinion of thos City offici-
als who had attended that the hearing went very tell, with a minimum of
protests, and other seeking information. City Manager informed the
Council that the! main item presented was the request'from the San Diego
Gas and Electric: Company for the creation of a special flu" zone for
their holdings, It has been decided that this matter will be discussed
by the Planning Commission at a special meeting, at which time Gordon
Whitnall will be invited to attea.
FIRE DEPAFtTMENT: --
ducting a course
in five weeks,
Fire Chief Hardin reported the Fire Department is con-
in fire-fighting tecliniques which will. be completed I
PUBLIC WORKS DEPARTMENT: Public Works Director Anthony reported the
results of the engineering survey for the 3lm Avenue-Elmwood Street-
Oak Avenue sewer main extension. Me informed the Council that the City
would be obligated to extend the present line under the Freeway from
Elm to Pio Pico which would represent a total of 562 feet which the
City could not r-ecover, plus the expenditure of approximately $470.00
for two man-holes. The possibility of terminating the line down Elmwood
at Laguna Drive,, and extending it down Leguna Drive to Pio Pico for con-
nection, is being considered with the lower part of Elmwood and Elm Ave-
nue to be served by a line up from Pio Pico at Elm. Total estimated
cost for the line under consideration at this time has been set at
$12,965.00 for :!,455.38 feet, of which approximately $6,774.96 has been
subscribed by pt-operty owners on the route, leaving a balance of
$6,190.04 to be financed by the City. City Pclanager pointed out that the
$9,000.00 which was placed in the Sewer Fund under Capital Outlay has
been increased by connection charges paid during the past year and there
is now approximately $10,000 in the fund, which could be used in finane-
ing this project. No further action was taken on the matter, awaiting
other engineering reports and a survey of the property owners in the Oak
Avenue area to ascertain the amount of funds which will be pledged by
the property owners.
Elr. William Carroll of the James Montgomer4y Engineering- firm, with an-
other member of the firm, were present for the scheduled discussion of
the appraisal report on the Mutual and Terramar Water Companies. City
Clerk Ewald read a letter from Mr. W. D. Cannon, owner of the Terramar
Water Company, under date of June 12, 1956, protesting the payment f6r
these services, pointing out that the firm did not stay in the line of
appraiser but rather conducted the appraisal acting as consultant engin-
eers to the Cit? of Carlsbad. Mr. Carroll, in answering these charges,
informed the Council that the firm had felt they were charged with the
responsibility to the City and wanted to be completely sure of the fair
value of the two'systerns if the City were to purchase them, He pointed
out that one would not have to be an engineer to see the inadequacies
of the system which were used for adjustment in evaluating, stating that
if the City cannot negotiate a price and tvould have to go to condemna-
tion procedures, the Court would base its decision on the market value.
In response to a question from General W. W. Rogers as to whether the
sales for the Mritual Water Company had been considered, Mr. Carroll stated
they did not corisider the value as a money-making activity as a mutual
agency operates on a cost basis and should be a self-sustaining operation.
Crnn. Baird suggested that, in light of 1%. Cannon's protests regarding
the appraisal, the City could approach the idea of putting in a system of
its own and not force him to sell. He also added that he felt the ser-
vices were performed as the City requested.
Cmn. Robinson asked'the reason given for not turning over the records of
the Terramar Water Company for the appraisal. Mr. Carroll informed the
Council the rearsons were not clear but Mr; Cannon had stated he thought
the records might influence ow opinions. He stated the firm had at-
tempted to secure the information at the Public Utility Commission,
which carries it as a mutual water company, and also had gore to the
Corporation Commission, but no records were available. The firm had
been informed bjr Mr. Cannon that he is the sole owner of the company as
the Pacific Investment Company. Mi-. Carroll pointed out that the City
could build lines in Terramar if there is no franchise existing. City
Attorney Smith advised that Terranar is not a franchise territory and
the City could <:onstruct lines in that area.
Mr. Carroll pointed out several inadequacies of the Conpany, from an
engineering starldpoint, which had influenced their appraisal, such as
the neservoir at approximately 117 feet elevation which has a six-inch
line feeding the area with a booster pump which would not meet the re-
quired fire flow, along with the question of the potability of the
water which contains an excessive amount of dissolved solids.
Attorney Smith questioned the value set on the water rights at $150,000,
pointing out that such rights would have no value if sold to a govern-
men tal agenc y .
Mr. Denny Wood, Manager of the Mutual Water Company, was present and in-
formed the Council that he feels the firm has fulfilled the contract.
He questioned the inclusion of the fire hydrants in the report since
they have been paid for by the City, and are not assets of the Mutual Con-
pany. Mr. Carroll stated this fact is in efiror and will be corrected on
the other copies of the report to be submitted, City Attorney Smith asked
if the firm would be willing, after conferring with their attorneys, to
elimiaate $he water rights if they were informed that the City- should not
pay rights as a public agency.
General W. W-. Rogers offered the suggestion of the bheory of the City buy-
ing only the transmission lines and not the distribution lines, poznting
out that it might be a more economic approach. Mr.Carrol1 briefly sum-
marized their suggested steps in regard to rehabilitation of the compan-
ies, pointing out that the firm eliminated all lines less than four inch-
es-, in value, using only one-fourth of their value as they did not feel
they would fit into a City operation. In regard *to City .Attorney Smith's
inquiry rtgarding whether or not it would be difficult to set out the
transmission facilities from the distribution facilities, Mr.. Carroll
stated it could be accomplished with considerable work as the entire sys-
tem would have to be gone over. After d-iscussion, Cmn, Helton moved that
the Council acknowledge receipt of the report and instruct the firm to
amend the report to show: (1) value of water rights for condemnation by
public agency ; (2) re-evaluation of fire hydcrants; (3) sub-total of value
-of transmission lines; and (4) sub-total of value of distribution lines.
Seconded by Cmn. Robinson. All ayes, motion carried. During the discus-
sion, a tentative price was discussed at from $200,00 to $300,00 for this
service. By common consent the City Manager was instructed to notify the
company of this request.
Cmn. Baird assumed the responsibility for the follow-thru on this project
and will either reactivate the old water committee, or take steps to form
a new committee, to study ways and means of acquiring the water systems.
He stressed the fact that the matter should not be pressed for completion
until the Municipal Water District Bond election has been completed in or-
der that the public may not become confused with the two issues.
Cmn. Robinson informed the Council that the Mutual Board is considering
hiring a man who is not an engineer but who has had about sixteen years'
experience, and the hiring of an engineer jointly with the City would be
precluded if he is hired.
LIBRARY COMMISSION: City Clerk read letter from the Library Commission,
dated June 16, 1956, requesting that the funds from the Public Utility
District be transferred to thg Library Fund in order that the book supply
may be increased-; also asking that additional help be employed during the
transition period. Chairman Dale Ginn was present and informed the Coun-
cil it has been recommended that the Library be closed for at least one
week in June and to remain closed until July 9th in order that the trans-
fer and cataloging of books may be taken care of, Donations of books
have been very gratifying, with approximately 1000 donated volumes on hand
at this time. He pointed out that the Library Commission plans to operate
within the 79 tax rate and do not anticipate the need for the additional
24 portion which the City has appropriated during the curpent year for
rental and miscellaneous expenses in connection with the operation of the
Library. He stressed the fact that the Conmission will require additional
funds for books as the State Commission has recommended that no Library be
opened unless there are sufficient funds to stock it properly,
City Manager Nelson called attention to the fact that the Public Utility
funds which have been requested by the Commission, have already been in-
cluded as an anticipated revenue in the current year's budget and, there-
fore, are not excess funds. It was his opinion that it would be better
to appropriate it out of the current funds rather than include it in the
proposed budget. Mr. Ginn informed the Council that any funds which
could be appropriated would be utilized for the purchase of books. After
discussion, Cmn, Robinson moved that the Council appropriate $500.00 out
of the Contingent Fund of the current year for the Library Commission for
the purchase of books. Seconded by Cmn. Baird . All ayes, ' mot ion
carried,
At 9:lO P. K. tkre meeting was adjourned for a short recess and was re-
convened at 9:25i P. M.
City Clerk read number and title of Ordinance No. 8019, which amends
Ordinance No, 8015 and No, 8018 by permitting the use of bi-tuminized
fibre sewer pipe! and fittings for sewer lateral construction. Cmn.
Helton moved the! adoption of Ordinance No. 8019, and that this consti-<
tute. second reading. Seconded by Cmn. Robinson, Roll call vote:
Ledgerwood, aye;; Robinson, aye; Castorena, aye; Helton, aye; Baird, aye.
Five ayes, no nays, Ordi~ance adopted.
The number and title of Ordinance No. 3022, making it unlawful for any
person to do dissolute acts in the City of Carlsbad, was read by the
City Clerk. Cmr~. Robinson moved the adoption of Ordinance No. 3022,
I
and that this constitute second reading. Seconded by Cmn. Helton,
Roll call vote: Ledgerwood, aye; Robinson, aye; Castorena, aye; Hel-
ton, aye; Baird, aye, Five ayes, no nays, Ordinance adopted.
City Clerk read number and -title of Ordinance No. 3023, regulating the
presence of minors under the age of eighteen years in public streets
and other placers between certain hours. Cmn. Ledgerwood moved the
adoption of 0rdi.nance No. 3023 and that this constitute second reading.
Seconded by Cmn, Helton, Roll call gote : Ledgerwood, aye; Robinson,
aye; Castorena, aye; Helton, aye; Baird, aye; five ayes, no nays, Ordin-
ance adopted.
Title and numb= of Ordinance No. 3024, making it unlawful for any per-
son to have in his possession any knife whose blade is activated and
caused to be opened by a spring mechanism and providing a penalty for
violation thereof, were read. Cmn. Helton moved the adoption of Ordin-
ance No. 3024, a~nd that this constitute second reading. Seconded by Cmn.
Baird. Roll call votes Ledgerwood, aye; Robinson, aye ; Castorena,
aye; Helton, aye!; Baird, aye. Five ayes, no nays, Ordinance adopted.
Xayor Castorena announced the Council, in order to comply with the
governing laws of the State, must elect a Mayor pro tem to serve in the
absence of the Ffayor. Cmn. Robinson placed the name of Cmn. Helton in
nomination, which was duly seconded by Cmn. Baird. Cmn. Ledgerwood
moved the nomina.tioas be closed. On a unanimous ballot, Cmn. Helton
was elected Mayor pro tem for the City of Carlsbad.
Discussion was opened on the proposed budget for the fiscal year 1956-
1957. city Mana~ger Nelson asked the Councills app~oval of the plan to
have City Clerk Ewald, who will be serving as Aide to the Planning Com-
mission, to atte!nd the Planning Commission meetings and to be excused
from the Council meetings, his duties to be assumed by Natalie Vermil-
yea, who is depuitized as City Clerk, By common consent the Council
approved the arrangement .
The hiring of an engineer, as included in the proposed budget, was dis-
cussed at length with a brief review of anticipated public works pro-
jects and the past expenditures for engineering services. Members of
the Council indicated they recognized the need for the services of an
engineer, but it was the general feeling that the additional expendi-
tures for field crews and other required expenditures could not be jus-
tified at this time, andd that the engineering services would be con-
tracted for as needed, as has been done in the past, It was pointed out
by Cmn. Baird that the possibility of hiring an engineer could be re-
considered at a later date if funds should be made available.
Cmn. Robinson briefly summarized the salary range which he has suggest-
ed arbitrarily at the last meeting, including the following changes:
Public Works Director, Range 19, Step C; Fire Chief, Range 19, Step A;
Police Chief, Rainge 20, Step C; City Manager, Range 24, Step C, He
also offered the suggestion that the schedule be revieed to allow for a
five-year increase plan rather than the three-year plan as proposed,
Hayor Castorena informed the Council that the Fire Chief has stated he
is in opposition to the salary difference between the two departments.
After discussion, it was decided that the meeting should be adjourned
to Monday, June 25th, at 7:00 P. M., at which time a, defiqite decision
will be reached on the proposed salary plan and a resolution will be
drawn outlining the portion of the budget adopted and personnel and
salary plan, as finally approved.
Cmn. Robinson moved the approval of the payment .of the bil.1~ in the
amount of $5,068.09, up to and including June 19, 1956, as approved
by the City Manager, City Clerk and Baditing committee. Seconded by
Cmn. Baird, All ayes, motion carried.
Cmn. Robinson moved ratification of the payroll for the first half of
June, 1956 , as certified by the department heads and approved by the
auditing committee. Seconded by Cmn. Baird. All ayes, motion car-
ried,
Cmn. Helton moved that the meeting be adjourned until Monday, June
25, 1956, at 7:OO P. M. Seconded by Cmn. Robinson. All ayes, motion
carried,
The meeting was adjourned at 10:59 P. M.
Respectfully submitted,
S M. 0. EWALD, City Clerk
MINUTES OF ADJOURNED MEETING OF THE CARLSBAD CITY COUNCIL
J-une. 25, 1956
The meeting was called to order at 7:lO P. M. by Mayor Castorena.
Present besides the Mayor were Councilmen Robinson, Helton and Baird.
Absent, Councilman Ledgerwood.
The proposed salary plan was discussed, and agreement reached as out-
lined :
Public Works Director
Building Inspector
Chief of Police
Fire Chief
City Manager
Director of Finance
Police Patrolman
Fireman
Bookkeeper
General Foreman
Equipment Operator, 1 at
n tt 1 at
Laborer 2 at
1t 2 at
Custodian
Police Lieutenant
Secretary 1 at
II 1 at
PPanning Aide
LibrarPaA, City
Library Aide .
Step 17 E
" 15 D
18 E " 17 C
It 23 C
" 14 D
't 14
I' 14
It 6
14 D " 10-C
I' 10D
8A
fl 8D
fl 6C
'7 16 D
rr !7E '' 7A
'r 9 A
It 14 A
tf 5A
Cmn, Helton moved the adoption of Resolution #210 approving the salaqy
plan as outlined, the hiring of additional personnel, and establishing
wage scales as outlined. Seconded by Cmn. Baird. Roll call vote:
Cm, Robinson, aye; Mayor Castorena, aye; Cmn. Helton, aye; Cmn. Baird,
aye ; Cmn. Ledgerwood, absent.
There being no further business, the meeting was declardd adjourned.
Respectfully submitted,
S . M. 0. EWALD, City Clerk
.MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL
July 3, 1956
Meeting called to order at 7:03 P, M, by Mayor Castoreha. Present be-
sidds the Mayor were Councilmen Baird, Helton, Robinson and Ledgerwood;
City Manager Nelson, City Clerk Ewald, City Attorney Smith, Public
Works Director Anthony, Police Chief Palkowski, and Fire Chief Hardin.
Cmn. Helton moved the approval of the minutes of June 19, 1956, with