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HomeMy WebLinkAbout1968-04-17; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON APRIL 17, 1968, AT 2:OO P.M., AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA: The meeting was called to order at 2:OO P.M. by President Maerkle with Directors Kelly, Carmichael, Mac Leod and Palmer answering roll call. Also present were General Manager Kubota, Legal Counsel Grosse, Superintendent Henley, and Office Secretary. Also present representing the La Costa Development were Mr. Irving Roston and Mr. Burton Kramer. I Approval of Upon motion of Director Carmichael, seconded by Director Palmer, and Minutes unanimously carried, the minutes of the regular meeting of April 3, 1968, were approved as mailed out by the Secretary. La Costa South Mr. Irving Roston, representing La Costa, informed the Board Subdivision and that the legal documents for the La Costa South Subdivision La Costa and Reservoir Site have been prepared in conjunction with the Reservoir District's Legal Counsel and Engineer and appear to be in order Site with the exception of some minor modifications to be discussed which are more of a technical nature than intent. The required bonds were also submitted to the District's Legal Counsel for checking prior to the meeting. The Manager explained that he had not had an opportunity to look over these documents but that he and the Legal Counsel had met earlier in the week with Mr. Roston and had worked out the final details. At this time they ha.d discussed, to some extent, the issue of the comparison and usefulness of the new site for the reservoir and the fact that the pledge by La Costa on the fill problem should be included in the document. After further discussion, a recess was called at 2:06 P.M. to allow time for the Manager and Legal Counsel to review the documents submitted by La Costa. The meeting was reconvened at 2:20 P.M. A detailed explaination was made by the Manager on the legal steps involved to allow the District to quitclaim the portion of the end of the District's pipeline which is the end of the Subdivision, and to acquire a new easement from La Costa to a street in the Subdivision. Resolution Legal Counsel presented Resolution No. 216, entitled "A RESOLUTION No. 216 OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT LAND COMPANY AND APPROVING CONVEYANCES OF AN INTEREST IN REAL PROPERTY TO LA COSTA LAND COMPANY AND AUTHORIZING THE EXECUTION OF CERTAIN AGREEMENTS WITH THE LA COSTA LAND COMPANY AND RANCHO LA COSTA, INC." After discussion, upon motion of Director Carmichael, seconded by DirectorPalmer, the said Resolution No. 216 was adopted by the following vote: I ACCEPTING CONVEYANCES OF AN INTEREST IN REAL PROPERTY FROM LA COSTA AYES : DIRECTORS: Carmichael, Kelly, Maerkle, Mac Leod and Palmer NOES : DIRECTORS: None ABSENT: DIRECTORS: None A meeting was arranged with La Costa officials for Thursday morning, at which time the final details will be worked out and the completed documents will be submitted to the District's Presidenr and Secretary for execution. Mr. Roston and Mr. Kramer left the meeting at this time - 2:33 P.M. I Committee Reports: City of Carlsbad The Manager reported that he had communicated with City Engineel Water Service Lill regarding the District's policy of requiring meters on our wholesale connections and suggested that it might be appropriate for the Board to allow a continuation of the Committee to try to commence resolving this matter and also the matter of the respective service areas of the two agencie: He explained that a notice has been received from the Planning Commission regarding the Industrial Subdivision to the north of the District Headquarters which has an application for a wholesale connection pending with the District, and that since the time limit for the filing has lapsed, all issues will have to be reconsidered and a decision made on the application as resubmitted. After discussion, the Manage] was authorized to arrange a meeting of the Committee with the City officials to discuss this matter . I San Diego County Director Kelly reported on his attendance at the Authority Water Authority Board of Directors' meeting and information on the Filtration Study Program which was presented by the General Manager, Lin Burzell concerning the costs to the individual agencies for their participation in the program for the past month. The Manager informed the Board that the District is in receipt of an invoice from the Authority in the amount of $64.20 covering these expenses and that he had scheduled-it for consideration later at this meeting After discussion, upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, it was moved that the District participate and show our good will by paying this bill for our share of the monthly costs. I. D. No. 2 Director Kelly and the Manager reported on a meeting which was Series 3 Bonds held with Mr. Terance Carey, representing the firm of Roberts, Scott Co., the successful bidder on the I.D. No. 2, Series 3 Bond Sale. At that time, Mr. Carey had gone over the proceedings with them and had made suggestions and comments on the handling of the proceedings for a new sale. As a further gesture he had offered the services of his firm as financial consultant for the resubmission of the sale. Upon motion of Director Kelly, seconded by Director Carmichael, the deposit on the bond bid, in the amount of $5,000.00, was ordered released to the firm of Roberts, Scott & Co., Inc. I Legal Counsel informed the Board that in looking into the matter he had found out that O'Melveny and Myers have an original contract with the District for handling the entire I. D. No. 2 Bond Issue and that based on a continuation of this contract their fee for handling the new sale would not exceed $300.00. He explained that he had gone ahead and told the firm to proceed with the sale and that they have now prepared all of the resolutions for the new bond sale proceedings. The Manager pointed out that with the problems which have been encountered with the previous proceedings, perhaps it might be advisable to postpone action at this meeting and have the matter go back to the Committee for a report at the next regular meeting. Legal Counsel insisted there was no reason to delay the proceedings and presented for adoption the resolutions prepared by O'Melveny & Myers calling for the bond sale on May 1, 1968. After further discussion, it was decided that the District should proceed cautiously and let the matter go back to the Committee for review and a report at the next meeting. Line "E" Right Legal Counsel reported that his office is in the process of retypin; of Way the documents on the Line "E" right of way as some of the legal Title Company. He pointed out that, in reviewing these documents, he had found that some of the conditions under which the easement was granted may present problems for the District in the future as the area develops and that he wished to discuss the matter with the Board at the next meeting. A short recess was called at 3:36 P.M. and the meeting was reconvened at 3:50 P.M. Line "D-2" Right Legal Counsel reported that the Agreement on the "D-2" Right of of Way Way was delivered to Mr. Ebright and, after reviewing it, he was very noncommittal. He did indicate, however, that he would like to have a week or so to go over it and Legal Counsel had allowed him to keep the document with the idea that Mr. Ebright would probably wish to have another Attorne: descriptions had been thermofaxed and were not acceptable to the I go over it with him. Superintendent's Report: Construction Program: City of Carlsbad The Superintendent reported that the City of Carlsbad has almost Projects completed their work in El Camino Real for the Elm Avenue Extensic District Manager and Superintendent is scheduled on these projects during the latter part of the week. and the May Company Vault projects. A final inspection by the Meeting April 17, 1968 -2- The pipeline repairs at Point rrD" were completed last week and the project went very well, the Superintendent reported. "E" Reservoir has now been put back into the system and is feeding the Terramar area as originally designed, and field operations have also included the installation of a new fire hydrant for the Hughes Tool Company operation at the Airport. I Personnel: The Manager reported that a total of 6 persons have been interviewed to 2, one of which has since found employment. The Manager pointed out that the other applicant is available immediately and has been checked out and he requested authorization to hire him for the position. After discussion, the Manager was authorized to proceed with the hiring of this applicant to fill the position. Metering Program The Manager reported that the metering program is moving right District ownership. A program for checking and repairing the large irrigation meters is now underway before they are put in operation for the summer planting. for the new position in the field and the selection was narrowed down along and the people are now coming in with their meters for Filtration The Manager reported that he has been in regular attendance at the Study meetings of the Filtration Study Group and that they are now to the point where they are discussing plant sites and the relative costs to the various agencies. He called attention to the letter submitted by the Department of Public Health and the fact that it mentions the fact that the City of Carlsbad will be the largest user of filtered water and pointed out chat this matter should be coming up for discussion next. I Squires Dam Discussion was held on the letter submitted by Mr. William Wahler, setting forth his fees and services on the instrumentation program for Squires Dam, copies of which were submitted to the Board Members for their review. The Manager requested permission to have the settlement markers surveyed on the Dam. After discussion, upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, it was moved that the District have the grade level checked on the settlement markers by the Engineer and the data processed. After further discussion on the fees proposed by Mr. Wahler, it was 'the Board's decision that the Manager should compile the data for the current year and submit it directly to the State for their review and recommendation. In the meantime, the Manager will discuss the matter again with Mr. Wahler to see if he wishes to appear before the Board for further discussion on the matter. El Camino Real A letter has been forwarded by the Manager to the County Engineer Road Projects regarding the recovery by the District of funds for the relocation be forthcoming shortly. Miscellaneous : of the Calavera Vault and it is anticipated that an answer will I Election of The Manager reported that a letter has been received from the County Directors Registrar of Voters Officer requesting that the District adopt the required resolution announcing that no election will be held for the Directorships of Divisions No. 3 and No. 4 and requesting that the Board of Supervisors appoint the encumbents who have filed to these positions. The Manager also reported that he and Members of the Board have had some contact with Mr. Gary Mortonsen of the Carlsbad Journal regarding the procedures in this election. After discussion, Legal Counsel presented a resolution entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THAT NO ELECTION SHALL BE HELD IN DIVISION NO. 3 OR DIVISION NO. 4 OF THE CARLSBAD Resolution MUNICIPAL WATER DISTRICT IN ACCORDANCE WITH DIVISION 20, SECTION 71518 No. 217 OF THE WATER CODE AND DIRECTING SECRETARY OF THE BOARD OF DIRECTORS TO REQUEST THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY TO APPOINT FRED W. MAERKLE AS DIRECTOR FROM DIVISION NO. 3 and DONALD A. MAC LEOD AS DIRECTOR FROM DIVISION NO. 4 OF SAID WATER DISTRICT". Upon motion of Director Kelly, second by Director Carmichael, the said resolution numbered "217" was adopted by the following vote : AYES : DIRECTORS: Carmichael, Kelly, Palmer NOES : DIRECTORS: None ABSTAINING: DIRECTORS: Mac Leod and Maerkle ,, Meeting April 17, 1968 - 3- Delinquent The Manager reported that payment has been received on the Frazee Accounts Account and the penalty amount paid in full. Radio Communications The Manager reported that he has had a verbal request from Rower - City of the City Purchasing Agent, Mr. Bill Baldwin, that the Distric Carlsbad grant them permission to install a radio communications towel that they consider a more practical site at the "B" Reservoir and the Manager was instructed to invite them to submit more specific information on the project so that a decision can be made by the Board. University of The Manager informed the Board that in transporting their equip- California ment to the site of their research project the people from the Research University of California caused some damage to the access road at Project Squires Dam. The Business Manager for the University has been so these repairs. Frazee Warehouse The installation of the service connection for the Frazee WarehouE Connection on Palomar Airport Road has been completed, the Manager reported, cluded in the charges will be the encasement of the pipeline in that job. City of The Manager informed the Board that in connection with the May Company Carlsbad Vault the City has been required to install a new electric service to Electric Company for this installation and the City does not want to be responsible for the line from the meter to our vault and have asked that the District sign the Agreement with the Gas and Electric Company. After discussion, the Manager was authorized to sign this Agreement after the acceptance by the District of the projec at our Squires Dam site. After discussion, it was suggested notified and the District will be submitting a bill to them for and their deposit account will be closed out shortly. Also in- the facility. An Agreement has been drawn with the San Diego Gas and I Greenview The Manager reported that the preliminary plans for the new Condominil Condominium Subdivison, Greenview, will be coming before the Board soon and the Subdivision Engineers for the project are coming in tomorrow morning to go over the project . Communications A letter has been received from the Airport Management, the Manager emergency telephone coverage during the off-time hours, and citing as a reason the fact that they do not feel their tower will be manned 24-hours to provide such coverage. After discussion, it was decided to go back to a local answering service program and the Manager was instructed to get the costs back together and bring the matter up for discussion at the next meeting. informed the Board, turning down the District's request for Correspondence: (1) Notice from the City of Carlsbad Planning Commission regarding the public hearing to be held on April 23, 1968 concerning the adjacent Industrial Park owned by Ralph Palmer. (2) Letter and Safety Award from the Irrigation Districts Association covering the period from January 1, 1967 thru December 31, 1967. (3) Announcement of American Water Works Association National Meeting to be held in San Diego in May of 1969. (4) Notice from the Corps of Engineers regarding approval of flood control channel for the San Luis Rey Valley region. I (5) Agenda for Water Quality Control Board for their meeting of April 23, 1968. Approval of Purchase Orders: Janitoral The Manager called attention to a section of the floor which had been Supplies sealed and waxed as a demonstration by the San Diego Janitor Supply would be needed to maintain the other floors in the building. After discussion, upon motion of Director Palmer, seconded by Director Carmichael, and unanimously carried, it was moved that the purchase of these materials be approved. Company and presented a list of supplies totalling $101.80 which Meeting April 17, 1968 - 4- I Back-Hoe The Manager reported that the Staff has been checking into the matter Purchase of the purchase of a back-hoe for the District and requested that the Board set some limit on the amount to be spent as a guideline for the Staff. After discussion, upon motion of Director Kelly, seconded by Director Palmer, and unanimously carried, it was moved that the price for the purchase of a backhoe be confined to from $2,000.00 to a $3,000.00 limit. Ratification Upon motion of Director Palmer, seconded by Director Kelly, and of Checks unanimously carried, the Board ratified Checks No. 2812 thru No. 2844, in the amount of $4,755.96. The meeting was declared adjourned at 5:22 P.M. ATTEST : s - -_ Secretary of the Board of Directors I I Meeting April 17, 1968 -5-