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HomeMy WebLinkAbout1962-05-01; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT HELD ON MAY 1, 1962, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIFORNIA D The meeting was called to order at 2:07 P.M. with Directors Carnohan, Kelly, Coe, Greek and Maerkle answering roll call. Also present were Acting Manager Kubota, Engineer Cl9yton and Office Secretary. Upon motion of Director Carnohan, seconded by Director Greek, and unanimously carried the minutes of the regular meetings of April 3 , 1962, and April 17, 1962, were approvc as presented. Engineer Clayton gave a brief report on the Irrigation Districts' Association Convent held in San Francisco during the past week. A subject which was given considerable discussion was the increasing encroachment of cities and counties on the special dist: Special legislation is being considered to protect these special agencies and we shou see some positive action. Also of interest to this District was a report put out by the Engineer of the Metropolitan Water District wherein it is planned to use the west conduit instead of the east conduit, which means that this would result in no delivery of Feather River water to this area. Legal Counsel arrived at 2:21 P.M. Legal Counsel Smith reported on the discussion which were held at the convention on the problem of city annexations of water district service areas and the rights of the districts to maintain services in corporate city limits. He urged steps be taken to negotiate a proper contract or franchise with the City of Carlsbad for the servici of the water consumers within our boundaries. I Also at the convention the possibility of creating model ordinances was discussed an I it had been suggested that it be brought up at the next session of the Association. After discussion, upon motion by Director Greek, seconded by Director Maerkle, and correspondence to the Association, looking forward toward the eventual creation of a set of model ordinances and forms for the Municipal Water Districts of the State of California. Schwabacher Legal Counsel informed the Board that he had contacted Mr. Rafferty & Company of Schwabacher and Company to discuss the fee for the financial services I .D . No o 4 and had explained the Board's feelings on the matter. However, Mr. Rafferty indicated there has been no change in the firm's position on these charges, but again stated their offer to defer payment until the District is in a better financial position to make this payment. After discussion, the Board agreed that thi payment should be held up indefinitely. Construction Program: Squires The Manager informed the Board that due to large purchases of pipe for unanimously carried, the Board authorized and instructed the -Legal Counsel to initiat Dam the project, the Contractor must again ask for the Board to consider an advance on his progress payment for this month. Based on gross earning of $35,000.00, he reoommended an advance of not more than $25,000,00 on the completed work. After discussion, upon motion by Rirector Carnohan, seconded by Director Maerk and unanimously carried, an advance payment, in the amount of $25,000.00, was authori to the R. E. Melbourne Company, Inc . Water Rights The Manager reported he has been attempting to deal with the State on t water rights application and a letter explaining the matter has been forwarded along with the required affidavit of posting on the applicati Acreply has been received advising the District that the water rights permit and fee would not be required if we will dump an amount of water equal to the estimated runof The possibility of the District not completing the procedure for obtaining the water permit was discussed, but there was a question as to what effect this might have on t final clearance on the dam and the State's authorization for the operation. It was agreed that the Manager should discuss the matter with the State Inspector, Mr. Jim I before any further action is taken on the matter. I.D. No. 3 The Manager presented for the Board's approval the final payment on Unit "B" the Unit 'IB" Pumping Station, originally contracted by the W. A e Crail Construction Company, and completed by the bonding agency, United States Fire Insurance Company, by reason of the firm's default on the contract Clearances have been received from the two subcontractors who filed stop-notices on the project, and the proper notice of completion has been filed. It was his recommendation that the final payment on this project, in the amount of $11,715.77, discussion, upon motion by Director Carnohan, seconded by Director Coe, and unanimous carried, it was moved that final payment be made to the United States Fire Insurance Company for the Unit "B':' Pumping Station. Kelly-Pace In regard to the proposed Kelly-Face line which was approved at the las Water Main meeting, the Manager informed the Board that Dr. Pace has been notified of the terms agreed upon and he.:is contacting his partners to get their approval and the funds for their portion of the project. Since the last meeting, % Mr. Stanley Kelly has indicated he does not feel he should pay one-third of the cost, since his property to be served is much less than the other two properties involved, and that the cost should be prorated on an acreagebasis. After discussion, the matte was deferred until the next meeting. Delinquent The Legal Counsel reported on the matter of the delinquent water accoun Account for Mr. Harold Bauer and the action which was taken by the Board at Pace farming venture, in which Mr. Bauer is involved, until this delinquent account has been paid in full. Mr o Pace came in the next day to apply for this water service and first agreed to have Mr. Bauer execute an assignment on his profits from the crop, but subsequently Mr. Bauer's Attorney advised him not to sign the document as he was not a member of the corporation. An investigation into the status of the Fairacre Farms Corporation revealed the corporation consisted of Shig and Ben Noguchi and that Mr. Bauer was not a part of the corporation. Although the corporation proceedings were not completed the Noguchi Brothers would be liable as a limited partnership, the Legal Counsel advised the Board, and in checking out their assets there is property which cau1d:"be attached. After discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carried, it was moved that the Legal Counsel press for collection of this delinquent account and follow up on the members of the corporation that are liable for this debt. Sewerage The Engineer displayed a map and outlined the tentative boundaries for Program improvement districts now under consideration for the sewerage program. He pointed out that the Agua Hedionda Basin, designated as Improvement District No. 5, would require for the entire program a bond issue of approximately out to $125.00 per acre, The canyon de las Encinas area, designated as Improvement District No. 6, would require a bond issue of approximately $500,000.00 based on 2,000 acres, or a cost per acre of $250.00. In the discussion which followed, Director Coe questioned whether the areas would j.us a bond issue of this size, and the Engineer offered his opinion that they would. The possibility of forming the improvement districts strictly as non-bondZissuing distric and then, using the same boundaries and legal descriptions, form a district to approv a bond issue for construction of the facilities should the project and financing prog be economically feasible. The Manager reported he received a call from County Sanitary Engineer Charles Oldson and the Buena Sanitary District are pretty much decided to build the line down the Canyon de las Encinas, but have not wrapped up their agreement with the Carlsbad- Vista Joint Venture Group. After further discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carried, it was moved that the Board instruct and authorize the Engineer to proceed to prepare the descriptions and boundary maps for these proposed improvement districts A and B, and that the Engineer or Manager take the necessary steps to submit same and secure approval of the Boundary Commission; and also that the Attorney be instructed to contact the bond attorneys, O'Melveny and Myers, to discuss the matter of the legal bonding eapacity of these districts. I be released to the bonding agency, United States Fire Insurance Company. After the last meeting whereby no service connection would be made for the U $900,000 (00, and considering the acreage involved of 7,000 acres, this would figure I Mr. Greek left the meeting at 4:30 P .Ma The Manager asked that the work on the boundaries be delayed €or a few days in order to allow time for property owners who might wish to be excluded to contact the Distric Water Service and Operation: The Manager informed the Board a request has been received from the San Diego County Water Authority to purchase from this District the 14" flow meter and valve which was originally installed as part of the San Marcos Line and which is now inactive. After reviewing the original bid items a reasonable price was arrived at of $3,099.00, which would be between 60 and 70 percent of the original cost. The Authority can buy a new meter of this type for from $3200 to $3300, and they anticipate approximate1 $500.00 in costs to take out the District meter and make the necessary replacements. After discussion, upon motion by Director Carnohan, seconded by Director Maerkle, and unanimously carried, the Board authorized the sale of the San Marcos Line metering station fixtures for an amount of $2600.00, and not less than $2500.00, which represents 60% of the original construction costs, with the stipulation that of the pipeline and restoration of the road righr of way, at no cost to this District A recommendation by the Manager that the Golden Anderson Valve at Reservoir W2 locatec at Buena Vista and Highland Avenue, be replaced with a Cla-Valve Pressure Reducing Valve at an approximate cost of $424.00, was discussed. Upon motion by Director Carnohan, seconded by Director Coe, and unanimously carried, it was moved that the Staff be authorized to make this change and to purchase the Cla-Valve as recommended. The Manager reported there was a serious leak in I. D. No. 2 where another section of air vent has gone out due to corrosion which is caused by the transition from copper to galvanized pipe. There are several other installations of this type which should be replaced and a report will be made at the next meeting. The Manager urged members of the Board to try to make a tour of the District facilitic Considerable work has been done and the system is being maintained at a very high levc The Manager informed the Board he has been contacted by Chairman Max Ewald regarding the City of Carlsbad's 10th Anniversary celebration to see if the District: would be interested in participating in this event. The Board members will give some thougl to the matter and ideas will be discussed at the next meeting. Finances: Upon motion of Director Carnohan, seconded by Director Maerkle, and unaniml of $13,468.82, and Check No. 192, in the amount of $11,715.77. The Legal Counsel briefed the Board on the required procedure for the annexation of the Squires Dam site and requested the Board's authorization for the preparation of the legal boundary descriptions. After discussion, upon motion by Director Carnohan, seconded by Director Coe, and unanimously carried, the Board instructed the Engineer to draw up the boundaries for the Squires Dam annexation. The Legal Counsel informed the Board that a notice has been received from the Registr of Voters Office to the effect that there will be no election in this District as on1 one candidate filed for director in each of the Districts, and requesting the Board's action for the appointment of the candidates who have filed. After discussion, the Legal Counsel read a RESOLUTION OF TAE BOARD OF DIRECTQRS OF CARLSBAD MUNICIPAL WATER DISTRICT RESQLVING "!HAT AN ELECTION SHAL;L NOT BE HELD: REQUESTING THE BOARD OF SUPER' OF THE COUNTY OF SAN DIEGO TO APPOINT THE PERSONS NOMINATED AS MEMBERS OF THE BOARD 0 DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT. On motion of Director Coe, seconded by Dfrector Maerkle, and passed by the followingvote, the said Resolution Number "156 was adopted by the Board: I it will be the responsibility of the Authority for removal of the equipment, replacem( I carried, the Board ratified checks No. 4824 thru No. 4843, in the amount I AYES : Directors: Kelly, Carnohan, Coe and Maerkle NOES : Directors: None ATTEST ABSENT: Director Greek The meeting was declared adjourned at 5 :08 P .M. .L&4i 3 ', @ & '+-a, Secretary of the Board of Directors CARLSBAD MUNICIPAL WATER DISTRICT