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HomeMy WebLinkAbout1968-05-13; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON MAY 15, 1968, AT 2:00 P.M., AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA: I I The meeting was called to order at 2:OO P.M. by President Maerkle. Answering roll call were Directors Carmichael, Palmer, Mac Leod. Director Kelly arrived at 2:06 P.M Also present were General Manager Kubota, Legal Counsel Grosse, Superintendent Henle and Office Secretary. Mr. Mike O'Hara was also present as the Developer for the proposed Subdivision Greenview. Approval of After discussion, upon motion of Director Carmichael, seconded by Minutes Director Palmer, and unanimously carried, the minutes of the regular by the Secretary. Greenview Mr. Michael O'Hara, the Developer for the proposed Greenview Condominium Condominium, was present in support of his request for conditional La Costa Lot No. 228, consisting of 29 duplex units, to be developed in two stages. He requested that the District deviate from its policy of requiring individual meters for this type of "fee" condominium, and that he be allowed to install a master meter for the entire project. He explained that this request is not based on the cost of the water, which is to be handled by a property owners association and prorated over the entire number of units, but on the installation costs of the additional lines and meters which will be required to take care of servicing the open space areas in the condominium, The Manager pointed out that from a management point of view it would be very poor practice to allow any more of this type of thing where the developer goes in and distributes water within a subdivision. Mr. O'Hara called attention to the fact that La Costa was allowed to develop the other condo- miniums without individual meters and that both units are actually "fee" condominium and there are separate ownerships of the land. It was explained that these projects were approved on the basis that they were "air space" condominiums. After further discussion, Mr. O'Hara was informed that the District has under consideration the adoption of a new Water Service Ordinance and that the matter of metering for condo- miniums will be discussed in connection with the Ordinance later in the meeting and that he will be advised of the Board's decision in this regard. Mr. O'Hara left the meeting at 2:32 P.M. meeting of May 1, 1968, were approved as transcribed and mailed out approval on the project which he described as a resubdivision of Water Ordinance Legal Counsel presented a final draft of the proposed Water Servic No. 26 Ordinance with the additions and modifications as discussed. After reviewing the Ordinance in detail the following changes were made: Article 11, Section 13 -- The words "paid for" to be substituted for the word "supplied". Article 11, Section 22 -- Deletion -- "and shall become delinquent at the same time as is provided for delinquent payments on regular monthly water bills. If Article 111, Section 5 -- Delete -- "Agricultural consumer is hereby defined as a consumer utilizing District water to produce agricultural products, of whatever nature or kind, for sale." Article 111, Section 6 -- Delete -- "said deposit not to exceed $500.00". Substitute "at the discretion of the Manager". Article 111, Section 12 -- Overhead expenses to be established at 10%. I Article IVY Section 2 -- Additional paragraph to be included pertaining to existing meters. Article V, Section 2 -- No. 2 and No. 3 to be inserted after Improvement Districts. After further discussion, upon motion of Director Carmichael, seconded by Directors Palmer, the said Ordinance No. 26, entitled "AN ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT TO ESTABLISH AND TO DEFINE PRICES AND CONDITIONS OF WATER DELIVERY: TO PROVIDE METHOD ESTABLISHING AND FIXING RATES AND CHARGES FOR WATER DEkIVERED: TO PROVIDE METHOD FOR EXTENSION OF DISTRICT'S FACILITIES: AND TO REPEAL ORDINANCES 10, 12, 14, 16, 21 and 22", was adopted by the following vote: AYES : Directors: Carmichael, Kelly, Mac Leod, Maerkle and Palmer NOES : Directors: None ABSENT: Directors : None I A short recess was called at 3:50 P.M. and the meeting was resumed at 4:lO P.M. Committee Reports: Water Service The Manager reported that he and President Maerkle had met with City of Carlsbad the Mayor and City Manager regarding water service to the City involved and the District's desire to retain its posture as a water retailer in Improvement Districts No. 2 and No. 3. The District will draft up a proposal to the City to try to work out an arrangement where we would acquire the new water services in these areas and to establish programs for the elimination of the areas where there has been encroachment by the City. After discussion, it was decided that the Manager and President of the Board should have another meeting with the City officials after which there will be arranged a joint meeting of the District Board and the entire Council to go over the matter of water service areas. The Manager explained that the City Manager was furnished a copy of the new Water Servicc Ordinance prior to this meeting so that he has full knowledge of the action taken this afternoon. Pipeline The Manager reported that he had discussed the matter of the meter Modifications installation at Chestnut Avenue with Mr. Lill, the City Engineer, and they do not feel they are ready to do any of the work at this time so the District will go ahead on the project as planned and they will do their work at a later date. of Carlsbad and had explained in some detail the problems I I.D. No. 2, Legal Counsel informed the Board that the resolutions on the bond Series 3 sale have been revised and the section on the allowable discount has Bonds been left out and the new bid opening date has been set for June 5, resolutions were then presented for adoption: 1968, with a delivery date of July I, 1968 for the bonds. The followin Resolution Legal Counsel presented a resolution entitled "RESOLUTION OF THE BOARD No. 220 OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT PROVIDING FOR THE THEREOF IN THE AMOUNT OF $125,000 FOR THE ACQUISITION AND CONSTRUCTION OF A WATER STORAGE RESERVOIR WITH APPURTENANCES AND APPURTENANT WORKS". After discussion, upon motion o.f Director Palmer, seconded by Director Kelly, the said Resolution numbered "220" was adopted by the following vote: ISSUANCE OF BONDS OF SAID DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 AYES : Directors: Carmichael, Kelly, Palmer, Maerkle and Mac Leod NOES : Directors : None ABSENT : Directors : None I Resolution Legal Counsel presented Resolution No. 221 entitled "RESOLUTION OF THE No. 221 BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DECLARING ITS INTENTION TO SELL BONDS OF SAID DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 THERE OF IN THE AMOUNT OF $125,000.00 AND FIXING TIME AND PLACE FOR TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS." After discussion, upon motion of Director Mac Leod, seconded by Director Palmer, the said Resolution numbered "221" was adopted by the following vote: AYES : Directors : Carmichael, Kelly , Palmer, Maerkle and Mac Leod NOES : Directors: None ABSENT: Directors: None Meeting May 15, 1968 -2- Resolution Legal Counsel presented a resolution entitled "RESOLUTION OF THE No. 222 BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DECLARING ITS TIES COMMISSION OF THE STATE OF CALIFORNIA ON THE I.D. NO. 2, SERIES 3 BOND SALE." After discussion, upon motion of Director Mac Leod, seconded by Director Carmichael, the said resolution numbered "222" was adopted by the following vote: FINDINGS THAT NO INVESTIGATION WILL BE REQUIRED BY THE DISTRICT SECURI- AYES : DIRECTORS: Carmichael, Kelly, Palmer, Maerkle, NOES : DIRECTORS: None Mac Leod I ABSENT: DIRECTORS: None Official The Manager presented for the Board's approval the Notice Inviting Bid: statement and Official Statements for the I.D. NO. 2, Series 3 Bond Sale. He re- viewed the contents of the documents and explained that he had checked with the County regarding the tax delinquencies for this area and was advised that I.D. No. 2 now has a delinquency factor well below the average and that a statement to that effect has been included. After discussion, upon motion of Director Carmichael, seconded by Director Mac Leod, and unanimously carried, it was moved tha the Official Statement for I.D. No. 2, Series 3 Bond Sale be approved as submitted. San Diego County The Manager reported that the District Staff had met with the Water Authority City Manager and Acting Director of Finance on the material revised procedure for certification of agricultural rebate and had reviewed the matter in detail. He explained that, of primary significance to both agencies is the entire new method of computing "agricultural use" and a different description of such use that excludes water that is used for the growing of flowers or the irrigation of golf courses. The City has been asked to review carefully the status of their water accounts so that they isolate those which will meet these new require ments. In analyzing the impact upon the coming agricultural rebates, the Manager presented a comparison statement covering the four months of the present fiscal year, March through June, which will be affected by this change and informed the Board that with the increased water sales, it does not appear that the District will notice much change for the 1967-68 fiscal year. The matter is to be a topic of discussion at the meeting of Operating Heads,of the water agencies of the San Diego County Water Authority scheduled for next week, the Manager informed the Board and there will be another report on the matter at the next meeting. Investment It was reported that the Manager and Director Kelly had met with the Program District Auditor, Mr. James Gaiser, to consider his recommendation that the District consider the possibility of investing short-term excess funds in liquid Government securities and to review the procedures involved in general and the possible advantages and disadvantages to the District. It was * their recommendation that such a program be put into effect and that the Secretary, Mrs. Wilda Simpson, and specified members of the Board of Directors be authorized tc initiate the investing of these funds. After discussion, upon the motion of Directc Kelly, seconded by Director Palmer, Resolution No. 223, entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING SHORT TERM INVESTMENTS FOR EXCESS FUNDS ON HAND" was adopted by the following vote: Resolution AYES : DIRECTORS: Carmichael, Kelly, Mac Leod, Maerkle, No. 223 Palmer submitted by the San Diego County Water Authority concerning the I NOES : DIRECTORS : None ABSENT : DIRECTORS: None Legal Counsel Report: I Line "E" Legal Counsel reported that the easements for the Line "E" pipeline Right of Way have now been forwarded to the Title Company for processing. He explained that the title is still vested in the Kelly family but tht property is being sold and correspondence has been received from the new owners concerning the easements. La Costa It was reported that the final plans for the water system for La Costa Reservoir South have been returned by Rick Engineering and the Agreements and are now being completed on the Subdivision deposits. Line I'D" Letters have been submitted to the Board members by Mr. Kenneth Right of Way Ebright regarding the Line "D" Easement and authorizing the Distric. to drain his lake through the existing drain in the event of an Quitclaim documents have been recorded for the project. Arrangements Meeting May 15, 1968 - 3- .. emergency. The Manager reported that a letter has been sent to Mr. Ebright asking that he submit a draft of an entire new agreement which would be compatible with his ideas for the Board's consideration. Superintendent's Report: Operations: The Superintendent reported that field personnel are continuing with the routine maintenance work. The level at Squires Dam is now at 50( with the daily water delivery at 12 second feet. I Manager's Report: Filtration The Manager reported that the San Diego County Water Authority is con Study tinuing its meeting on the Filtration Study and the group is assemblil material on water production and plant sites. Squires The Manager reported that work has been completed on the elevations on tl Dam settlement markers at Squires Dam and the settlement of the dam for the past year period is shown at .86 inch which is a normal pattern. He presented for payment an invoice for the work submitted by the firm of Sholders and Associates in the amount of $96.00. After discussion, upon motion of Director Carmichael, seconded by Director Kelly, and unanimously carried, the Board approved payment of this invoice. Emergency The Manager informed the Board that two proposals have been re- Communications ceived on an answering service for the District, one for $25.00 submitted by the Cardinal Answering Service. After discussion, upon motion of Director Kelly, seconded by Director Mac Leod, and unanimously carried, it was moved that the District retain the Cardinal Answering Service. Budget An outline for the budget program will be submitted at the next Preparations regular meeting, the Manager informed the Board. per month, submitted by Loo Baumgartner, and the second for $20.0 I Camino Real The Manager reported that the letter regarding the proposed sub- Industries division, Camino Real Industries, which will be located across the Planning Commission. The District has taken the position that it has no objection to the land use, but it was pointed out that the District does maintain a major transmission and distribution pipeline which traverses the Subdivision and recommen that the Commission include a specific condition requiring the Developer to conform to any and all requirements of the District with necessary limitations of the use o the land along the pipeline easement, as well as any necessary pipeline relocations street from the District's Headquarters, was submitted to the Carlsb Election The Manager informed the Board the election proceedings have been Proceedings concluded and the Oaths of Office have been submitted by the Clerk o the Board of Supervisors and will be taken before a Notary Public by the elected officials, Director Maerkle and Mac Leod. Business Additional styles for the business cards for the District will be Cards looked into and the Manager will discuss it further at the next meeting Ratification Upon motion of Director Palmer, seconded by Director Kelly, and of Checks unanimously carried, the Board approved the ratification of Checks period May 2 through May 15. The meeting was declared adjourned at 5:50 P.M. No. 2872 through No. 2907, in the amount of $5,987.87, for the I Meeting May 15, 1968 -4-