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HomeMy WebLinkAbout1968-05-01; Municipal Water District; MinutesI MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON MAY 1, 1968, AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA AT 2:OO P.M. President Maerkle called the meeting to order at 2:OO P.M., with Directors Carmichael, Kelly and Mac Leod answering roll call. Director Palmer was present after 2:55 P.M., as noted. Also present were General Manager Kubota, Legal Counsel Grosse, Superintendent Henley and Office Secretary. Mr. Kenneth Ebright was also present for the discussion on the Line "D-2'' Right of Way matter. Approval of Upon motion of Director Carmichael, seconded by Director Kelly, and Minutes unanimously carried, the minutes of the regular meeting of April 17, 1968, were approved as transcribed and mailed out by the Secretary. Line "D-2" Mr. Kenneth Ebright, appearing on the matter of the Line "D-2" right Right of Way of way, informed the Board that he had received the legal papers felt it is more a practical matter than a legal matter and would like to work it out on a practical basis with the District's Engineer and come up with a suitable draining mechanism. He explained that he had felt that he was working with the District during the construction of the lake, having obtained permission from the former Manager and in giving the Field Superintendent the elevations of the water level and flagging the valve for them. At this time Legal Counsel Grosse informed the Board that Mr. Ebright is a personal friend of his, as well as his legal client, and he also owns a piece of property which surrounds the lake, and that based on these facts he recognizes the conflict of interest and, therefore, does not feel that he can adequately represent the Board on this particular issue. He requested permission to step down during the discussions and to obtain an outside attorney to handle the District's interests in this matter. from the District's Attorney and, after reviewing the agreement, he I Mr. Ebright informed the Board that he would be willing to work out a practical solution to the matter so that neither party would be in jeopardy and it would assure the safety of the District. He pointed out that there are no attached exhibits with the Agreement and that the terms of the Agreement do not spell out who is the person or persons who would have the authority to make the decision to demolish his dam in case of emergency, and further, that under these terms he would have no recourse for any reason whatsoever. He informed the Board that he had sought legal advice prior to the meeting and found that he does have a financial obligation from the District and in signing the Agreement, as presently drawn, he would be giving up any rights he might have established. The Manager read in full a memorandum which he had sent to the District's Legal Counsel setting forth a procedure for draining the lake in case of emergency. After discussion, Mr. Ebright indicated his willingness to work with the District's Engineer in installing some type of valve for draining the lake which can be tested periodically and to cooperate with the District in working out the legal procedures necessary in the event of an emergency. Mr. Ebright left the meeting at this time, 2:55 P.M. Director Palmer arrived at this time, 2:55 P.M. I After further discussion on the matter, upon motion of Director Palmer, seconded by Director Carmichael, and unanimously carried, it was moved that the Manager be directed to write a letter to Mr. Ebright asking him to prepare his version of the proposed Agreement between the District and himself relative to the lake, and upon receipt of this version, that the District's Attorney retain Legal Counsel to re- view the entire matter and render a decision on it. A recess was called at 3:22 P.M. and the meeting was resumed at 3:40 P.M. Water Service The Board continued its review of the proposed Water Service Ord- Ordinance inance and discussed at length the section concerning wholesale of wholesale connections will be limited to areas where the property can be, or presently is, served by the City within I.D. No. 1, but outside the boundaries of the District's Special Improvement Districts No. 2 and No. 3. A clause will be als included to the effect that if the conditions under which the wholesale connection was granted are violated, the District would have the right to discontinue service to that area. connections. In accordance with the Board's decision, the granti The Manager and Legal Counsel will get together and revise the Ordinance, incorpor- ating the changes as discussed, and Legal Counsel will prepare a final draft for review and adoption at the next regular meeting. City of Carlsbad The Manager reported that a meeting has been arranged with Water Service Mayor Dunne and City Manager Martin to pave the way for an agreement on the water service areas for the respective agencies I Election The Manager reported that he and Directors Maerkle and Mac Leod had Proceedings met yesterday with representatives of the Carlsbad Journal, Mr. Stan the newspaper's interest and the current election proceedings. Those in attendance agreed that it was a worthwhile meeting and should help to improve communications and assistance between the newspaper and the District. Manning and Mr. Gary Mortenson, to discuss informally the areas of I.D. No. 2 The Manager reported on a meeting of the Bond Sale Committee, Series 3 Bonds Director Kelly, Legal Counsel Grosse and himself, which was held t resume of their discussions as follows: The proceedings would be reinitiated with a brief submittal statement in letter form with distribution to be limited to the bidders of the first advertising, as well as all of the major banks in Southern California. Legal Counsel will review documents furnished by O'Melveny and Myers and will obtain a specific letter, contract or agreement covering their services for consideration of the Board of Directors. The date for the opening of bids for the new sale will be June 5, 1968, with issuance of bonds on July 1, 1968. After discussion, the Committee was authorized to proceed with this program as outlined. Legal Counsel Reports: La Costa Legal Counsel reported that all of the documents covering the La Costa Reservoir South Unit No. 1 Subdivision and the reservoir construction are now in cution sf same are scheduled for adoption later in the meeting. discuss the new bond sale program. He then reviewed a written order and ready for signature and that resolutions authorizing the exe- I San Diego Dept. The Manager reported that a letter has been forwarded to the of Public Health Department of Public Health acknowledging their letter concernin water quality control and advising them of the District's parti- cipation in the Filtration Study now underway by the san Diego County Water Authori Line "E" Legal Counsel reported that his office is in the process of retyping Right of Way the legal descriptions for this easement €or recordation. He pointe that he has had some correspondence from the new owner, the Kashmir Oil Company, regarding the legal transactions involved. La Costa South Legal Counsel read in full a resolution entitled "A RESOLUTION Unit No. 1 AUTHORIZING THE PRESIDENT AND THE SECRETARY OF THE BOARD OF Subdivision DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT TO SIGN FINAL SUB- upon motion of Director Kelly, seconded by Director Palmer, the said resolution numbered "218" was adopted by the following vote: Resolution AYES : DIRECTORS: Carmichael, Kelly, Mac Leod, Maerkle, No. 218 Palmer out that the property involved is in the process of being sold and DIVISION MAP FOR LA COSTA SOUTH UNIT NO. 1." After discussion, NOES : DIRECTORS: None ABSENT: DIRECTORS: None I Water Rights Legal Counsel read in full a resolution entitled "A,RESOLUTION Board DIRECTING THE PRESIDENT OF THE BOARD OF DIRECTORS OF CARLSBAD MUNI- Resolution CIPAL WATER DISTRICT TO EXECUTE REQUEST FOR LICENSE FROM THE RE- NO. 219 SOURCES AGENCY, STATE WATER RESOURCES CONTROL BOARD OF THE STATE OF seconded by Director Palmer, the said resolution numbered "219" was adopted by the following vote: CALIFORNIA." After discussion, upon motion of Director Kelly, AYES : DIRECTORS: Carmichael, Kelly, Mac Leod, Maerkle, NOES : DIRECTORS: None ABSENT: DIRECTORS: None Palmer Meeting May 1 , 196% -2- Superintendent's Report: Construction Superintendent Henley reported that the May Company Vault has now Program been completed and the District has made its fila1 inspection on the project and is awaiting the submission of the "as built" linens. I Operations: The Superintendent reported that there are three new services pending at this time, an irrigation meter for the Thompson Rose Company green houses, a new service and meter for the State freeway and a new service for the new contractor's yard on El Camino Real, Kutlesa Construction Go. Manager's Report: Pipeline The Manager reported that plans are going ahead for the installati01 Modifications of the new metering station at Chestnut Avenue but the District has ordinate the installation of a regulating valve with this project. Metering The Manager informed the Board that there are still some of the irri- Program gators who have not volunteered to turn over their meters to the Distric District will be pulling these meters and making the necessary repairs at the owner I s cost . Filtration The Filtration Study Group is continuing its discussions and the Study compiling of data, the Manager reported, and their regular meeting had no further word from the City Engineer on their plans to co- for ownership and maintenance. In accordance with the program, the was held last week. Squires The Manager reported that the State Inspector was down and made an annual Dam inspection on Squires Dam and a report will be forthcoming. A call has been received from Mr. William Wahler's assistant regarding the instru- mentation program for Squires Dam and he will be coming down for the next meeting to go over the entire matter with the Board, the Manager reported. Radio Tower The Manager informed the Board that the City has decided to lo- City of Carlsbad cate their radio tower near the old dump property so that they Range. Communications The Manager reported that he has had only one response on the matter will be discussed and a decision reached at the next meeting. Local Agencies The Manager reviewed a notice from the Local Agency Formation Formation Commission concerning the annexation to the City of Carlsbad of Commission approximately .89 acres, a portion of "Pacific Vista Subdivision.' process of the original annexation of the El Camino Mesa Subdivision area. After discussion, the Manager was instructed to submit a formal letter to LAFCO concern- ing the annexation calling attention to the problem of duplication of water servict in this area unless satisfactory arrangements are made with the agencies involved. Delinquent The Board reviewed the listing of the delinquent accounts for the Accounts previous water billing period and the Manager reported that the total I can also bring the electric power over to the City Police Pistol answering service and there is still another to report. The He explained that the small area involved is for a squaring up has been reduced to $366.25. I Correspondence: Carlsbad The Manager read in full a letter submitted by Mr. Gary Mortenson of tht Journal Carlsbad Journal requesting that they be furnished copies of the After discussion, the Manager was instructed to write a letter to the Carlsbad Journal thanking them for the opportunity of meeting with their representatives and letting them know that the District will be pleased to comply with their re- quest and furnish this material. Announcement of hearing scheduled for May 15, 1968, in San Diego regarding the County Flood Control Districts. Special Accounts Payable: The Manager presented his bill for the month of April listing a total of 55% hours Meeting May 1, 1968 -3- District's agenda, minutes of the Board meetings and budget material. .. for the General Manager's office at $832.50, and a total of 29 hours for engineerinl at $442.50, for a total amount of $1,275.00. Upon motion of Director Carmichael, seconded by Director Palmer, and unanimously carried, the Board approved payment of this invoice. The Manager called attention to a written report which was mailed to Board Members containing a progress report on the activities of the General Manager's office and asked that the Board review same and make any comments or suggestions. Personnel The Manager reported that George Rodriquez has been hired to fill the April, 1968. I new position created for the field and he commenced work on the 22nd of I The matter of identification for Board Members and the Manager was discussed. Upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, it was moved that the Manager look into the costs for business cards and have them printed. Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 2845 thru No. 287 in the amount of $26,509.84, covering the period from April 18, 1968 Upon motion of Director Carmichael, seconded by Director Palmer, the meeting was declared adjourned at 5:29 P.M. Secretary of the Board of Directors I Meeting May 1, 1968 -4-