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HomeMy WebLinkAbout1971-11-23; Water Committee Ad Hoc; MinutesMINUTES OF: Special Welter Committee Meeting DATE OF MEETING; November 23, 1971 C4:00 p.m.) PLACE OF MEETING: City Manager's Conference Room Present: Chairman Bob Watson, Councilman McComas, Bert Stalker, Knox Williams, A. C. Bowen, Bill Esterline, Jack Arnold, and Win Priday Absent: Bill Cannon and Ray Barrett Chairman Watson opened the meeting at 4:05 p.m. and announced that Ray Barrett resigned from the Water Committee due to pressing responsibil- ities. Col. Bowen, who has an excellent background, was invited by Mayor Dunne to replace Mr. Barrett. Minutes of the November 9, 1971 meeting were approved as written. Construction Budget Mr. Priday and Mr. Cook made a field trip this morning and reported that 15% of the pipeline construction is completed. Starting date was about the middle of October. The Elm Street reservoir is about 5% com- plete; the Skyline 7%; however, the Ellery reservoir has not been started. This will commence November 29. The construction contractor is doing a good job and progressing satisfactorily. Mr. Priday sug- gested that the Water Committee make a field trip before the ne.xt meet- ing, and also intermittently. Cost Analysis There was a preliminary as well as a final survey and the contractor is constructing by the latter. The cost breakdown, is as follows: HUD City Total Engineering $237,500 $237,500 Legal 5,000 5,000 Hud Field Expense - . 7,400 7,400 Administration 5,000 5,000 Right-of-Way $46,300 46,400 92,700 Construction Contract 859,300 859,300 1,718,600 Forced Account 96,200* 96,200 192,400 Contingency 43,000 43,000 86,000 1 ,044,800 1,299,800 2,344,600 Funds Available 1,052,000 1,390,000 2,442,000 Excess 7,200 90,200 97,400 * Subject to HUD approval. Water Committee Minutes - 2 - November 23, 1971 Presently we have a firm figure on the Adler site. Cost of pipeline construction (Schedule I) is $622,300. Reservoir construction (Sched- ule II) is $1,039,300. To date we have expended a total of $231,000+. Cmn. McComas questioned whether HUD will pay for the undercrossings on Interstate 5. We will be meeting with the Project Coordinator from HUD on December 1 to discuss this particular item. Mr. Priday stated that HUD hopefully will be contributing $96,200 toward the completed portion of the project. City has $90,200 budgeted for excess, pro- vided HUD contributes to the above. Before any of the contingency money is spent, the matter will be presented to the Water Committee for approval. Everything appears to be on schedule and there is ample money avail- able. $1,052,000 is HUD's contribution, and the City's is $1,390,000, totalling $2,442,000. Cmn. McComas asked where we pick up the differ- ence between $2,442,000 and $2,275,000. Mr. Arnold replied the money is derived from interest on the bonds, and unrequired bond redemption interest funds were used to match additional Federal fund contributions. Mr. Watson reiterated that the budget as presented is very workable and adequate. Col. Bowen asked when we would obtain Federal money, and Mr. Priday reported that the HUD representative will inform us when he visits December 1. Whenever the City makes a progress payment, HUD matches it. John Prewitt Request re Vacation of Water Rights in San Luis Rey River Basin . Mr. Prewitt placed a map of his property on the blackboard and noted that it is referred to as Beach Lake and was acquired last year. There has been one cloud after another to clear title of this property, which includes 1100 feet of beach frontage between the marina and the dead end of the strand. The existing title precludes the owner of this property from containing or diverting the water in the San Luis Rey River. The same restriction is prevalent along the whole channel. Mr. Prewitt stated that Jerry McClellan is going to give him a quit claim right, and Mr. Prewitt is asking the City of Carlsbad to do likewise. The owner is anticipating putting a major flood control dam on the prop- erty and presently would be violating the restriction. He can't visu- alize any City benefit by maintaining this restriction on the property. Mr. Prewitt's sole concern is to be able to move dirt, and doesn't be- lieve he will be doing anything detrimental to the community. Cmn. McComas asked Mr. Prewitt whether he had a recent title to the property. Mr. Prewitt stated he had Schedule B of a title report, and a portion of it dated back to 1916. The first paragraph agrees that water should not be developed or transferred to other parcels unless it is used on this specific piece of property. More importantly, in the second paragraph, the grantor "South Coast Land Company" reserved for itself all the water of San Luis Rey and its tributaries, also the right to develop water. As long as the South Coast Land Company has a right to divert said water, it might restrain our ability to properly develop this property. We need a normal quit claim deed to restrain this water. Water Committee Minutes - 3 -November 23, 1971 Col. Bowen mentioned that the water entirety. It may have a great deal must be weighed and considered. It requires some legal research. Col. be requested to research precisely right should be examined in its of merit but the total right appears to me that the matter Bowen moved that legal counsel our position. The motion was seconded by Mr. Stalker and unanimously carried. Mr. Friday announced that letters were written to the State Water Resources Control Board and the State Water Rights Board in Sacra- mento, in November, and the file will be turned over to our legal counsel. It was suggested that action on this matter be postponed until a future meeting. Mr. Stalker questioned whether time was of essence in clearing this title, and Mr. Prewitt apprised the Committee that they are proceed- ing with the first parcel and hope to be breaking ground in April on a six-story complex. They will not need the clearance for about six weeks, but will need clarification within the next six months. Col. Bowen implied that the City does have surface rights but needs legal research before the Committee can make a sound recommendation to the City Council. Chairman suggested to Mr. Prewitt that he sub- mit a formal request in writing to our Public Works Director specify- ing the exact problem. Mr. Williams wondered whether the City would expend funds for legal counsel for no other reason than to assist Mr. Prewitt. Taxpayers may not approve this expenditure. Mr. Prewitt replied that the City would be proving to themselves the extent of their rights, and information would be available when the Army Corps of Engineers installs the Flood Control Channel here. Col. Bowen men- tioned that if we specify to the City Attorney what we are seeking, then he can make a recommendation. Col. Bowen made a motion that a reasonable cost for clearing title to the parcel Mr. Prewitt is interested in be reimbursed by the com- pany that acquires clear title. Mr. Stalker seconded the motion, which was unanimously carried. Sub-Committee Report - Chestnut Meter Relocation, and Boundary Consideration Sub-commi ttee location, and reported their approvalof the Chestnut it was approved by the Water Committee. Street meter re- Mr. Priday declared there was an agreement drawn by CMWD and approved by LAFCO with respect to adding to our particular area. According to Attorney Swirsky, the City exceeded their rights in serving Bank of America and the Standard Station, and could have been sued. Chairman reported that presently, under the existing boundaries, every- thing that is annexed to the City and approved by LAFCO is going to be served by CMWD. It will create quite a problem if we have to obtain an agreement every time someone annexes to the City. What we are at- tempting to do is eliminate a great deal of paper work. Water Committee Minutes - 4 - November 23, 1971 Mr. Arnold informed the committee that under California law there are many things that occurred prior to LAFCO's existence. For anything before LAFCO we have a clear right to extend our water area, and in essence, we are giving up certain legal rights. Cmn. McComas con- firmed that if we check our basic agreement, signed by CMWD and our- selves, it states that whatever we do will not ultimately affect our right. Mr. Arnold also noted that if we desire, we have the right to serve the CMWD area as shown by them. Mr. Stalker moved that Mr. Friday submit, at the next regular meet- ing in December, a formal report on the proposed boundaries by CMWD and their effectiveness in terms of the City's needs. Mr. Knox seconded the motion which was unanimously carried. Chairman requested the secretary to draft a letter to Ray Barret ac- cepting his resignation. City Manager's Report re Public Works Director's Responsibilities Mr. Arnold sketched an organizational chart on the blackboard depict- ing the chain of command from the City Council to the Water Division. He explained the authority and various functions of each Department Head, and stated that Mr. Friday is responsible for the over-all water operation. As of this meeting, the only person you will contact will be Mr. Friday. Mrs. Lindsley will take the minutes of the Water Com- mittee meetings. If anyone else is required, Mr. Friday will invite them to the meeting. This is also set forth in the Municipal Code. There was some discussion with the City Council regarding continua- tion of the Water Committee, and they determined that it should con- tinue to function. Mr. Friday will hold periodic conferences with the City Engineer as well as the Finance Director. All questions from the Committee should be directed to Mr. Friday and he will en- deavor to obtain the answers. Col. Bowen affirmed that he accepted the appointment to the Ad Hoc Committee as recommended by the Mayor. Col. Bowen will submit a letter to Mr. Arnold regarding our participation in the San Luis Rey Watershed Planning Agency. Membership is $1500. Cmn. McComas moved that the committee approve this proposition in principle and submit it to the City Council. Motion was seconded by Mr. Stalker and unan- imously carried. Meeting was adjourned at 5:40 p.m. hi r^^-t&AcyXT 7r- Helen Lindsley // Recording Secretary (/