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HomeMy WebLinkAbout1971-01-06; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON JANUARY 6, 1971, AT 2:OO P. id., AT 5780 EL CAMINO REAL, CARLSBAD, CALI FORM IA : The meeting was called to order at 2:OO P.M. by President Maerkle with Directors Carmi chael , Kelly, Pal mer and Mac Leod answering roll ca7 1. Also present were General Manager Kubota, Legal Counsel Swirsky, Public Relations Consultant Randall Mitchell, Superintendent Henley ar,d Executive Secretary. Mr. Thomas Smith, City Attorney for the City of Oceanside, was also present for discussion of the North Carlsbad Detachment matter. Approval of Upon motion of Director Palmer, seconded by Director Kel ly , and unani- Minutes -mously carried, the minutes of the regular meeting of December 16, 197( I were approved as transcribed and mailed out by the Secretary. Election of President Maerkle announced that the election of officers would be Officers held for the ensuing two year period and calded for nominations @ Palmer, and unanimously carried, it was moved that the Board of Directors be re- nominated and re-elected to serve in their present capacities as set forth. After discussion, upon motion of Director Kelly, seconded by Director Presi dent _-__--_--- Director Fred Maerkle Vice-President------ Director John T s Palmer Secretary "__- ---___ Director W. 0. CArmi chael Treasurer --___---_-- Director Allan 0. Kelly Assistant Secretary and Treasurer ------ Director Dona1 d A. Mac Leod North Carlsbad Legal Counsel introduced Mr. Thomas Smith, Oceanside City Detachment Attorney, who was present ft? order to get the North Carlsbad Detachment proceedings instituted. Legal Counsel reported that the matter was on the LAFCO agenda on Monday and the Commission did adopt the resolution approving the proposed detachment of the North Carlsbad area, a copy of which was just received this morning by the District. He then outlined the procedure to be followed for the scheduling of the hearing on February 3, 1971, and the mailing of notices and publication of the resolution in the Blade Tribune and Carlsbad Journal. He informed the Board that the City of Oceanside has in- di cated they would like to handle the mailing of the notices and that he would assist them with the resolution and affidavit. Since there was no condition set forth concerning payment of costs in the resolution that came down from LAFCO, the problem arose as to whether these costs would be borne by the appl icabt. Attorney Smith indicated that the City of Oceansi de would expect to bear the costs for these proceedings and it was agreed that it will be carried out in that manner. Newspaper publicity regarding action by LAFCO on the North Carlsbad matter and statements by North Carlsbad property owners on the matter of double taxation and possible reimbursement was discussed. Legal Counsel assured the Board that there is no actual erroneous collection of taxes in this procedure and the Manager reported that a letter has been received from the President of the Fire Mountain Home Owners Association apologizing for the article. The Manager reviewed figures which he had had compiled by the staff on the amount of taxes that the North Carlsbad people did not pay wher: they were getting water from the District pipeline. Over a 10 year period tax records show that they did not pay $14,000.00 in I. D. No. 1 and I. D. No. 4 taxes, but got the benefits of those facilities, he explained, whereas as a result of the delay of this detachment, the District will have collectec a total of $4,868.00 from that area during the period it was receiving water service from the City of Oceansi de. Tnis summation wi 11 be retyped and made a matter of record and will be forwarded to the President of the Home Owners Association. Resolution Legal Counsel presented a resolution entitled "A RESOLUTION OF THE No. 263 BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT APPLYING FOR CONSENT OF SAN DIEGO COUNTY WATER AUTHORITY TO THE EXCLUSION OF CERTAIN TERRITORY OF CARLSBAD MUNICIPAL WATER DISTRICT WHICH TERRITORY IS NOW INCORPORATED 111 THE AREA OF THE CITY OF OCEANSIDE". After discussion, upon motion of Director p{ac Lead, seconded by Director Palmer, the said Resolution numbered "26211 was adopted by the following vote: I I Resol uti on No. 263 AYES : DIRECTORS: CARMICHAEL, KELLY, MAC LEOD, NOES : DIRECTORS : NONE ABSENT : DIRECTORS : NONE PALMER, MAERKLE Resol uti on Legal Counsel presented a resolution entitled "A RESOLUTION OF THE No. 264 BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT INITIATING PROCEEDINGS PURSUANT TO SECTION 55310 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DETACHMENT OF CERTAIN TERRITORY OF CARLSBAD MUNICIPAL WATER DISTRICT, WHICH TERRITORY IS NOW INCORPORATED WITHIN THE CITY OF OCEANSIDE, BEING ENTITLED THE NORTH CARLSBAD DETACHMENT". After discussion,, upon motion of Director Palmer, seconded by Director Kelly, the said resolution numbered "264" was adopted by the following vote: I AYES : DIRECTORS : CARMICHAEL , KELLY, MAC LEOD, PALMER, NOES : DI RECTORS : NONE ABSENT : DIRECTORS : NONE MAE RKL E City Attorney Smith left the meeting at this time, 2:27 P.M. Committee Reports : City of Legal Counsel reported that the Special Committee which was appointed Carl sbad did meet on December 30, 1970 basically to try to establ ish a premise of procedure and points to discuss. Copies of a memorandum drawn up by the Legal Counsel on the discussions at that meeting were passed to Board Members for their information and discussion. Arrangements have been made for James Gaiser to review the audit reports for the City of Carlsbad for the past five year period and additional points wi 11 be devel oped at meetings and finalized. The Board wi 11 be kept closely advised of the operations of the Committee. Laguna Ri vi era The Manager reported that he has communicated with the City of Metering Station Carlsbad about the Laguna Riviera Vault and .the City Manager has contribution for this project. I been advised that the $5,000.00 figure still stands as the City's San Di ego County No report Water Authority Pub1 ic Relations Mr. Mi tchell reported that a news release covering the District's operations for the first half of the 1970-71 fiscal year was sent out this week and a good article was published in the San Diego Union. The local papers haven ' t had a chance to pub1 ish it yet but probably wi 11 pick it up later. Legal Counsel : LAFCO Speci a1 Legal Counsel reported that the meeting of the LAFCO Special Advisory Committee Advisory Committee has been set for January 11, 1971, at which time the presiding officers of the Special Districts will cast their bal lots to determi ne whether or not the Local Agency Formation Commission wi 11 go ahead and complete the proceedings under Assembly Bill 1155 for special district representation on the Commission and the adoption of regulations on the latent powers of such districts. Information mailings are going out to all special districts from the Otay Municipal Water District and a letter is a1 so being prepared by the LAFCO Assistant Executive Officer explaining the intent of these proceedings. It was Legal Counsel's recommendation that the District support this procedure in order to get mem bers from special districts on the Commission. After further discussion, upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, it was moved that the President of the Board be directed to cast his vote in favor of this procedu La Costa The Brief has been filed by the La Costa Vi 11 age Company in connection Vi 11 age Law with their 1 aw suit and the District' s Legal Counsel is now in a posit tained in the Brief is that the District does not have the right to re I s,ui t of working up a Brief in answer to theirs. Their basic argument con- quire the water system. Sugeri ntenden t I s Report: The Superintendent reported that routine field work is going on and there has been so clean-up after the rains. Construction work in the La Costa area has also been delay Meeting January 6, 1971 -2- by the i-ains and there has been little activity in that area. The meter and pressure reducer has been instal led for the Robertson residence and the City will be install - ing the service shortly. The District had a problem with dirty water after the 1 ast big rain and turned off with the Authority and delivered water to the entire District from Squires Dam for a period of 7 days , it was reported. Test holes are now being made in the Agua Hedionda Creek area for inspection of the joints in that line, but so far no leaks have been detected in this stretch of pipeline. I Accounting Officer: Mrs. Simpson reported that Mr. Gaiser's people were out and completed their detailed audit for the first period through October, 1970. Financial statements covering the five month period ending November 30, 1970 , were presented for the Board's review. 1 t was reported that the first payment on the 1970-71 tax coll ections has been re- ceived by the District in the amount of $106,952.93. Manager Is Report: El Camino Real The Manager reported that work has been slow on the El Camino Pipeline Project Real Pipeline Project because of the recent rains. All work was completed at the Line "C" Check Valve Station. A request for Progress Payment No. 7 was presented by the Manager covering work done through Decem- ber 31, 1970, listing gross earnings of $129,169.00, less retention and previous pay- ments, for a net amount due of $8,658.00. After discussion, upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, the Board approved payment to the Don Hubbard Contracting Company in the amount of $8,658.00 for Progres Payment No. 7. The Manager called the Board's attention to the contract extension which was granted on this project in October of the past year and wi 11 expi re on January 17, 1971. In view of the status of the County's highway job, he recommended that the Board take action to extend this contract for a second 90-day calendar period. He pointed out that the contractor will do as much of the work as he can with working around the County project but if the work goes beyond the new contract year, there is a possi- bi li ty that the District may have to renegotiate the contract on the basis of the neb wage rates. After discussion, upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, it was moved that an extension of 90 calendar day: be authorized on the contract time for the El Camino Real Highway Project. Informati on has been received by the District that the City of Carlsbad wi 11 not be putting in a new water 1 ine in the Cal avera cut area but are instal 1 ing a 24'' drain 1 ine in connection with the highway project. El Camino Real The Highway Contractor has now moved their office facilities on tt Highway Project District's Headquarters site , the Manager reported, and an agree- ment is now being worked up with them on the use and development ( the property. The Manager called the Board's attention to an interesting idea that has been proposed by Mr. Mi tchel 1 on the possi bi 1 i ty of the District constructing a waterworks museum and park area for the pub1 ic after this area has been filled in an( developed by the Contractor. After discussion, the Board agreed that it might be feasible to explore a project of this type at some future time. La Costa The Manager brought up for discussion a letter from Mr, Irv Roston it Subdivisions which he requested that some decisions be made regarding the design of the facilities for the transmission of water from Rancho Santa Fe Road through to La Costa Meadows Unit No. 2 Subdivision and that the CMWD take what- ever steps are necessary to design the required transmission line as expeditiously a! possible. The Manager explained that there are two increments of work involved , the line from Alga Road to Rancho Santa Fe Road and the line from Rancho Santa Fe Road tc the Texaco Station or to the Questhaven area for the Aqueduct connection. As far as the first reach is concerned to get these subdivisions going the District would have an agreement or an amendment to the current agreement with San Marcos that they will deliver a certain amount of water for a two year period from their small pipe1 i ne. i meeting has been held with the San Marcos Manager, Jim Mc Kay, and they are laying 01 their water needs for these areas so that a decision can be made as to whether or no it would be feasible to combine our water needs for one pipeline which we would oper' ate jointly. The Manager pointed out that the La Costa pipeline involves approxi- mately one mille of 18'' line at a cost of approximately $250,000.00, and the District has no funds available for financing the project. After further discussion, the Manager suggested that he and the District's Legal Counsel be given the opportunity to draft an agreement with La Costa on the areas of responsibility and the methods 0' I I Meeting January 6, 1971 -3- .. financing. Upon motion of Director Carmichael , seconded by Director Palmer, and unanimously carried, the matter was turned over to the Manager and Legal Counsel for the drafting of an agreement on this project. I Morthsi de The Manager reported that the Vista Irrigation District has formal ly Transmission advised the District that they want to proceed with the study on the Line three agency pipe1 ine and another meeting of the group has been sched uled for this Friday morning at the City of Oceanside Water Departmen At that time a decision will be made on how to proceed with this planning study. The project has now been officially named the Tri-City Transmission Line. Office The painting of the Headquarters bui 1 ding has been scheduled and is now Renovation underway, the Manager reported, and arrangements have been made for the a'nstall ation of the carpet next Tuesday, January 12 , 1971. District The Manager reported that the speci a1 uti 1 i ty body Ford truck is now on Vehicles order from Wayne Gossett Ford and the Superintendent has been checking OL meeting. Two alternatives are available, a full bed and compartment boxes at $837.95 or a sjde pack with two boxes at a cost of $602.00. After discussion, upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, it was movec that the Manager be authorized to purchase the full bed and compartment box unit at a the special uti 1 i ty compartment boxes which were discussed at the 1 ast cost of $837.95. Other Matters : Piezometer The Manager reported that a conference was he1 d with Mr. Jack Schustra Sys tem of FUGRO Company, regarding the piezometer system at Squires Dam and he discussed at length with him the Board's concern on the proposal as pre sented. Mr. Schustra has agreed to come down with his staff engineer this Friday and make an inspection of the entire facilities and identify what has to be done at no cast to the District. He will then submit a proposal on the work to be done on that basis. The annual inspection of Squires Dam by the State Inspector was completed las week, the Manager also reported. Carlsbad Industrial Mr. Ralph Palmer was at the District on Monday regarding water Park (R. Palmer) service to his industri a1 park area and the City Engineer 's office has now written a report that acknowledges that the Dis trict will serve the water. Mr. Palmer has indicated that he is going to put up the deposit so that the District can make this connection, The Manager summarized the water statistics for the month of December, noting a total production of 273.3 acre feet, with water sales of 262.4 acre feet, for an apparent loss of 10.9 acre feet or 4%. Filtered The request from the Water Authority on filtered water deliveries is stil Water pending and a meeting has been arranged with the City Manager to determir the City Is needs a A report on the matter wi 11 be made to the Board at th next regular meeting. Squires Dam The Manager reported that the title report on the University of Califo Expansion nia easement was just received in today's mail. The matter of releasi University representative and he indicated that they will work with us. I this easement and negotiating a new one has been discussed with the I City of The Manager presented a request from the City of Carlsbad for a 3/4" wate Carl sbad service to irrigate the 1 andscapi ng of the median area of El Cami no Real , north from Elm Avenue to the May Company Complex, with waiver of the over ride charge for water used for this purpose. After discussion, upon motion of Direct Mac Leod, seconded by Director Carmichael , and unanimously carried, it was moved that the District allow the installation of this meter and service at the City's expense, with no surcharge on the water usage for this service. Correspondence and Announcements-: (1) (2) (3) (4) Letter directed to the President of the Board from the Bender Company, Los Angel California, requesting that they be advised on call of I .D. No. 3 bonds. The Manager will acknowledge this letter and advise them that we do not anticipate calling these bonds at this time. Letter from the San Diego County Planning Department with data on motor vehicle registrations for San Diego County. Roster of elective officials submitted by the Irrigation Districts Association. Governmental Official Survey submitted by the Irrigation Districts Association. .. . e - "" This form will be completed by Board Members in accordance with the IDA request. Delinquent A revised form on delinquent accounts and other water data was reviewed Accounts by the Board for the period ending December 31, 1970. Purchase The District has completed a request to go with the County of San Diego o Orders the purchase of gasoline for the 1971 calendar year, based on an estimate usage of 4500 gallons of regular gasoline. I Special Accounts Payable: The following special accounts payable were submitted by the Manager for approval and action taken as noted: Upon motion of Director Kelly , seconded by Director Mac Leod, and unanimously carried the Board approved payment of membership dues for 1971 to the Irrigation Districts Association in the amount of $625 .OO. The Manager expl ained that this is based on tk District's share of the 1971 budget per dues formula adopted at the IDA October 10, 1970 meeting, and compares with a payment of $400.00 for last year. Upon motion of Director Palmer, seconded by Director Carmichael , and unanimously car- ried, payment was approved for the deposit premium of $600.003for the State Compensa- tion Insurance Fund for calendar year 1971. Upon motion of Director Carmichael, seconded by Director Mac Leod, and unanimously carried, payment was approved to Jack Y. Kubota, in the amount of $1,824.00 for serv- ices performed during the month of December, 1970. Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously Carrie payment was approved to Randal 1 Mi tchell for services through January 14, 1971, in th amount of $250.00 for monthly fee, and expenses of $19.18, for a total of $269.18. I Upon motion of Director Carmi chael , seconded by Director Mac Leod, and unanimously ca ried, payment to Paul S. Swi rsky was approved in the amount of $114.00, covering extr legal services rendered during the months of October and November, 1970 in connection with the La Costa Village law suit. Upon motion of Director Carmichael , seconded by Director Palmer, and unanimously car- ried, payment was approved to Paul s. Swi rsky , in the amount of $507.00 for extra legal services performed during the month of November, 1970. Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 5129 thru No. 5179 in the amount of $10,112.31 , covering the period of December 17 , 197C thru January 6, 1971. Legal Counsel Swirsky brought up for discussion the possibility of a rate differentit for special services performed that are reimbursable to the District by other agencic or individuals. After discussion, it was agreed that the Manager and Legal Counsel will come up with a special proposal on these services for the Board's discussion. There being no further business to come before the Board at this time the meeting was declared adjourned at 4:45 P.M. I d? I 4% /7: t ATTEST : gyy> ,/- (2jh3-//d. I' Sekcetary df the Board of Directors Meeting January 6, 1971 -5-