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
-