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HomeMy WebLinkAbout1962-06-06; Municipal Water District; MinutesMINUTES OF ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT HELD ON JUNE 6, 1962, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIFORNIA. The meeting was called to order at 2:04 PIM, by President Kelly with Directors I Carnohan, Coe, Greek and Maerkle answering roll call. Also present were Acting Manager Kubota, Engineer Clayton, Legal Counsel Smith and Office Secretary. Upon motion by Director Carnohan, seconded by Director Greek and unanimously carried the minutes of the adjourned regular meeting of April 10, 1962 and regular meeting of May 15, 1962 were approved as presented. Proposed Legal Counsel informed the Board that it has been determined that Sewerage there are less than 12 registered voters in the area and that the District U-5 proposed sewer improvement district for sewerage facilities for t Encinas Canyon area will be initiated under the uninhabited terri tory proceedings and will therefore be known as Improvement District No. U-5. At th time the Engineer filed with the District Secretary the boundary map for this propos district which will remain on file in the District office during the proceedings. A copy of the proposed Resolution No. 157 was passed to each Board member for their cc sideration. Director Coe inquired as to the request to Banauer and Company for the feasibility report on these Districts . The Manager informed the Board that he had talked with Mr. Fieldman and he indicated they would be interested in providing their services for these proceedings for a fee based upon being paid if the bond issue is successfc and they would also be the District's financial consultant during the proceedings. He would like to discuss the matter with the Board and has indicated he is free for the week of June 11. During the discussion which followed, it was pointed out that this resolution is to be adopted only for the purpose of setting a public hearing on the matter and that the District would not be obligated to form these districts in the event the propert owners should not be in favor of the proposed district or the project does not appez to be economically feasible. After further discussion, Legal Counsel read a RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DECLARING THE WCESSITY FOR INCURRING A BONDED INDEBTEDNESS TO BE PAYABLE FROM TAXES LEVIED UPON AN UNINHABITED PORTION OF THE motion of Director Carnohan, seconded by Director Maerkle, the said Resolution numbered 157 was adopted by the following vote: Resolution No. 157 AYES : Directors Kelly, Carnohan, Greek and Mat I DISTRICT AND FIXING TIME AND PLACE OF HEARING AND GIVING NOTICE OF HEARING, On NOES : Director Coe ABSENT: Directors : None The Manager informed the Board that a communication has been received from Frank H. Ayres and Son stating that they do not want their property included in this Districi as they are not interested at this time. He explained that their property which lil within the boundaries of the proposed district would only involve a small parcel wh: drains into the Encinas Canyon. Art Detman, reporter for the Blade-Tribune arrived at this time, 2:45 P.M. I Legal Counsel read in full 'a letter from the firm of O'Melveny and Myers outlining their terms for the legal proceedings for the formation of this District. After discussion, upon motion by Director Carnohan, seconded by Director Greek and unani- mously carried, it was moved that the Board authorize the employment of the firm O'Melveny and Myers as bond attorneys for Improvement District No. U-5, subject to the terms outlined in their letter as 3/lOths of 1% of the principal amount of the bonds authorized, for a total amount of $1200.00, with the sum of $600.00 payable u] the canvass of the election returns, and in the event that the District is not form( and no bonds authorized, that there be no fee payable. Proposed At this time the Engineer filed with the Secretary of the Distric Sewerage map for Improvement District No. 6 which shows in dotted lines th District proposed collection lines outside the District and the tentative No. 6 locatgon of mains also designated. The Attorney advised the Boar that an election must be called to form this district and a publi hearing will be scheduled for July 3, on the resolution of necessity which calls for issuance of bonds in the amount of $900,000.00. After discussion, the Legal Counsel read a RESOLUTION OF THE BOARD OF DIRECTORS OF Resolution CURRING A BONDED INDEBTEDNESS TO BE PAYABLE FROM TAXES LEVIED UPC No. 158 LESS THAN ALL OF THE DISTRICT AND FIXING TIME AND PLACE OF HEAR16 seconded by Director Carnohan, the said resolution numbered "158" was adopted by the following vote! I CARLSBAD MUNICIPAL WATER DISTRICT DECLARING THE NECESSITY FOR IN- AND GIVING NOTICE OF HEARING. On motion of Director Maerkle, AYES : DIRECTORS: Kelly, Carnohan, Greek and Maerkle NOES : DIRECTORS : Coe ABSENT : DIRECTORS : None Legal Counsel reviewed the letter from O'Melveny and Myers setting forth their terms for conducting the legal proceedings for the formation of the district and election for Improvement District No. 6. After discussion, upon motion by Director Carnohan, seconded by Director Maerkle, and unanimously carried, it was moved that the Board authorize the employment of the firm of O'Melveny and Myers as bond attorneys for Improvement District No. 6, subject to the terms as outlined in their letter as 3/lOths of 1% of the principal amount of the bonds authorized, a total amount of $2700.00, with the sum of $1,000.00 payable upon the canvass of the election returns and in the event the District is not formed or bonds authorized, that there be no fee payable. The Attorney was authorized to contact Martin and Chapman and Jeffries Banknote Company to obtain proposals for employment as the election aupplies for the election in Improvement District No. 6. The Attorney brought up for discussion the matter of the condemnation proceedings which are pending on the Lewis property for the acquisition of the reservoir site iz: I .D . No. 3. He informed the Board that he has reviewed the matter and has had some negotiations with the Attorney for Mr. Lewis, Mr. Jack Crumley . He suggested that the'District might offer a figure of perhaps $10,000.00 cash for the reservoir site, the easements required for the line, and the easement required for the overflow ex- tension. He disclosed that the appraisal figure obtained by Mr. Swirsky, which alsc included severance damages, was $9,856.25 for .76 acre for the reservoir site and 3. total acres of easements. In the discussion which followed on the matter it was the Board's position that a firm offer should be made and a time limit set for the acceg ance or rejection. After discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carried, it was moved that the Attorney submit a easements, and if need be, the easement for the power line, with the condition that the District agree to install at its own expense the drainage pipe and to landscape, at our convenience in accordance with the way the other sites are to be landscaped. I figure of $7500.00 for the reservoir site, the pumping station site, and all other I The Attorney reviewed a draft of the contract to be entered into between the Distric and the Dawsons for the removal of impervious core material from the borrow area on their property for' use at the Squires Dam site. A royalty fee of 1Oc per cu. yard in place has been set for the material, with payment to be made on the basis of $1,000.00 down, with a guarantee of $2500.00. Other suggestions submitted by the Dawsons pertaining to the operation and restoration of the property have also been incorporated into the contract. The Engineer pointed out that in their exploratory tests several possible sources of material were located but additional testing will be required to determine if an adequate supply is available at a location in close proximity to the actual construction. After discussion, the Board indicated they were agreeable in general concept of the contract, subject to the general engineerin information on the location, and discussion on the price to be paid for the material Reports of Engineer: P Pace-Kelly Line The Engineer presented the plans for the Macareo Line Extension Extension--Macare0 which is to be financed by the District and property owners, Canyon Stanley Kelly, Irwin Kelly and Dr. J. Blair Pace, jointly, and read a covering letter on the project. Be reported that the right of way documents for this line are now being completed. After discussion, the Manager was authorized to negotiate with a contractor for the construction of the project, with the balance of the funds due on the project to be deposited prior to commencement of work. Palomar The Engineer presented a letter report for the Board's considerat Airport setting forth recommendations on the purchase by the District of Line Palomar Airport Line from the County of San Diego. After discuss the letter in detail, Director Carnohan brought up the subject to depreciation on the pipeline in view of the fact that it is almost six years old. A discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unan mously carried, it was moved that the District purchase the Palomar Airport Line for the original amount submitted, less 10% for depreciation of the line, providing the County complies with the conditions set forth in the Engineer's report, with such purchase to be covered by a refund agreement. Chlorination The Engineer reported on the inspection trip which District repre Station- - sentatives made of the chlorination facilities of the Helix Irrig Squires Dam District. He pointed out that while their home-made recorder sys appeared to be functioning satisfactorily, that he would recommen that the District go ahead with the Wallace and Tiernan equipment, rather than going to the home-made unit. It was his recommendation that the District go ahead with th design of the Chlorination Station based upon the assumption that either now, or ultimately, that another chlorinator will be installed with residual control refinem After discussion, upon motion by Director Coe, seconded by Director Greek, and unani mously carried, it was moved that the Engineer be authorized to proceed with the pla for the Chlorination Station for Squires Dam and that the system be designed so that residual recorder control unit can be installed. I I Construction The Manager informed the Board that Mr. Melbourne, the Contractor Program: the Squires Dam project, has a small road job to pave on a privatl easement and would like to take the decomposed granite from the d, site. He would consider a royalty to the District for this material which will invo approvimately 1500 cu. yards of material. After discussion, the Manager was authori: to permit the Contractor to proceed without any charge for the material. Director Greek left the meeting at 4:32 P.M. Squires Dam A letter from the Contractor, R. E. Melbourne, was read by the Ma in which a request was made for an advance on the regular Progres Payment No. 6. The Manager informed the Board that a check on th work completed would permit an estimated payment of $30,000.00, of which he would rel mend an advance of $20,000.00, subject to confirmation of these figures. After disc, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carr the Board authorized an advance payment, in the amount of $20,000.00, on Progress Payment No. 6 to the Re E. Melbourne Company, Inc . Annexation of Legal Counsel Smith informed the Board that no action has been ta Squire-sDam Site on the annexation of the dam site to the District as he has recei two sets of procedures which are quite different and he is in the process of checking into the matter. I The Manager read a letter from Mrs. Clarence Dawson concerning the annexation proceec ings now under way by the City of Carlsbad urging that the District join with them i~ protesting the annexation of our Squires Dam site and their surrounding property whic is included in the annexation. In the discussion which followed, the Board, while recognizing the Dawson's concern, did not feel the District was in a position to pro' this annexation of the District's site. It was pointed out, however, that annexatio~ by the City of the Dawson property would present a water service problem since the Dawson property is presently in the Buena Colorado District and, therefore, outside service area of the Carlsbad District. After further discussion, it was agreed that the Attorney should direct a letter to the City of Carlsbad pointing out these probll The Manager reported he received a call from Mr. Ted Vallas concerning the delivery of District water to the City of Oceanside. It now appears that the need for extra water is occasioned by the need of the El Camino Country Club and the City of Oceans is presently negotiating with the Country Club for their participation in the buildj of this line. The Manager reported that the transaction involving the sale of the meter to the San Diego County Water Authroity has not been completed as they do not have any electricity where they wished to put the meter. Water Service Due to the increased water consumption, the Manager informed the and Operation Board that we are going to ask our irrigation consumers to again tions which are applicable during the summer and fall irrigation season, commencing July 1. Notices will be sent to all irrigation consumers in this regard. The Manager informed the Board that with the three new tanks in operation this seasc the Superintendent has suggested that if he had a pair of binoculars it would elimir the necessity of driving clear into the tank areas in order to check the guage read- ings, thereby saving both time and wear on the vehicles. After discussion, upon motion by Director Carnohan, seconded by Director Coe, and unanimously carried, it k moved that the purchase of the binoculars be left. up to the discretion of the Manage with the expenditure not to exceed $50.00. Director Greek returned to the Meeting at 5:05 P.M. Headquarters Site A grading plan for the development of the headquarters site was displayed by the Manager. After discussion, the Board authorized the Manager to check with local contractors to see what the earthwork for the projec would cost and present a firm figure at the next meeting. Correspondence: Notice from San Diego County Water Authority regarding a study on storage in under- ground basins. I conduct their operations under the general procedures and regula- I Letter from Metropolitan Water District concerning .allocation of water rights based upon assessed valuations. Announcement from Water Agencies Association regarding regular Quarterly Meeting to be held on Thursday, June 28, 1962, at the Twin Inns with Vista Irrigation District as host agency. Transcript of minutes of the Irrigation Districts' Association Spring Conference. Finances : Upon motion by Director Greek, seconded by Director Maerkle, and unanimously carried, the Board ratified Checks No. 4878 thru 4894 in the amount of $12,526 .OO. Attention was called to the charge for demurrage in the amount of $61.00 which was paid to Tops Chemical Company. The Manager explained that he had attempted to negotiate for cancellation of this charge but had finally received a letter from their main office to the effect that the charge would have to be paid e Director Grec offered to contact the local representative to discuss the matter further to see if some arrangement can be made on this billing. A proposal for the annual audit in the amount of $1365.00 from Peat, Marwick and Mitchell was considered by the Board. After discussion, it was agreed that the firm should be retained to conduct the annual audit for the fiscal year 1961-62 for a maximum charge of $1365 .OO. President Kelly asked that he be granted a leave of absence from the Board for a per of six weeks for travel purposes. The meeting was declared adjourned at 5:30 P.M. I ad Pay- President of the Board of Direc ors L P Secretary of the Board of Directors -