HomeMy WebLinkAbout1971-02-03; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON FEBRUARY 3, 1971, AT 2:00 P.M. , AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA:
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The meeting was called to order at 2:05 P.M. by President Maerkle with Directors Carmichael, Kelly, Palmer and Mac Leod answering roll call. Also present were General Manager Kubota, Legal Counsel Swirsky, Public Relations Consultant Randall Mitchell, Superintendent Henley and Executive Secretary. Mr. Win Priday, Public Works Director for the City of Carlsbad was also present after 2:10 P.M., as noted.
Approval of Upon motion of Director Palmer, seconded by Director Mac Leod, and Mi nutes unanimously carried, the minutes of the regular meeting of January 20, 1971, were approved as transcribed and mailed out by the Secretary.
Public Hearing President Maerkle announced that this is the time and place fixed North Carlsbad by the Board of Directors of Carlsbad Municipal Water District for Detachment a public hearing for any interested person to present any evidence
pal Water District on the proposed "North Carlsbad Detachment". He then out1 ined
the, general procedure to be followed in conducting the hearing.
Legal Counsel Swi rsky was then cal led upon to present testimony in reference to au- thority and jurisdiction for the hearing. He testified that the proceedings were first started by the Oceanside City Council adopting Resolution No. 7163, on October
28, 1970, which went to LAFCO requesting the detachment of the North Carl sbad area. On January 4, 1971, by Resolution No. 7-87, the Local Agency Formation Commission approved the request and consented to the detachment, to be known officially as the "North Carlsbad Detachment". A certified copy is in the files of the District. The District Board then adopted Resolution No. 264, on January 8, 1971, requesting the San Diego County Water Authority's consent to this Detachment. On January 14, 1971, the Authority, by adoption of Resolution No. 1196, consented to the exclusion of this terri tory. On January 8, 1971, the District a1 so adopted Resolution No. 264, call i nc for the hearing today, which was duly posted and notices sent to the property owners.
for the consideration of the Board of Directors of Carlsbad Muni ci-
I The following documents were submitted by the Legal Counsel and constitute a part of the record of these proceedings :
(1) Affidavit of Posting executed by Paul S. Swirsky stating that on January 11, 1971, a certified copy of Resolution No. 264 of Carlsbad Municipal Water Dis- tri ct was posted on the door of the conference room at the District office. (2) Declaration of Service by Mail, executed by Audrey E. Plante, stating that cer- ti fied copies of Resolution No. 264 were mailed on January 12, 1971 to the appropriate agencies i nvol ved.
stating that under the direction of the Secretary of the District, the City of Oceanside mailed a certified copy of Resolution No. 264 to each and every prop- erty owner in the North Carlsbad area, as specified by the latest Assessor's Rol (4) Affidavits of Pub1 ication from the Carlsbad Journal and B1 ade-Tribune certi fyi nc that Resolution No. 264 was published on January 14, 1971 and January 21, 1971.
Mr. George Brusch, President of the Fire Mountain Community Association, arrived at this time, 2:lO P.M.
(3) Declaration of Service by Mail, executed by Oceanside City Clerk Tom Lapham,
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The District Manager-Engineer, Jack Y. Kubota, was then called upon to present testi - mony on his findings and recommendations and to review the detachment map. Using a display map, he described the territory proposed for this Detachment as what is knowr as the North Carl sbad area that was a part of the original District when the Di stricl was formed in 1954. However, the area did not annex or become a part of the Districl I. D. No. 1 and I .D. No. 4 and water service was provided by the City of Carl sbad. TI area has since annexed to the City of Oceanside and water service is now being pro- vided to the area by the City of Oceanside. He stated that it would be appropriate < this time for this proposed Detachment to take place so that the jurisdiction would fall completely into the hands of the City of Oceanside. It was noted that there art also four other parcels of 7 and within the District which are part of the City of
Oceanside and will be the subject of annexation and detachment proceedings in the net future.
Mr. Win Priday, Pub1 ic Works Directors for the City of Carlsbad, arrived at this timc
Attention was also called to one area previously detached from the District by Ordinance No. 4, adopted October 6, 1955.
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The President called upon Mr. George Brusch for any questions or testimony he might wish to give concerning the matter, but Mr. Brusch indicated that he had nothing to present. President Maerkle then asked if any other party desired to testify at this time, or any further evidence to be presented by an party at this public hearing. Hearing none, he declared the pub1 i c hearing closed and as ked for Legal Counsel Is recommendation for future action.
Resolution Legal Counsel presented a resolution entitled "A RESOLUTION OF THE No. 265 BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE DETACHMENT OF CERTAIN TERRITORY DESIGNATED NORTH CARLSBAD DETACHMENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (NORTH CARLSBAD DETACHMENT)" a After discussion , upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, the said Reso- 1 ution numbered "265" was adopted by the following vote:
AYES : DIRECTORS : Carmi chael , Kel ly , Mac Leod ,
NOES : DIRECTORS : None ABSENT : DIRECTORS: None
Maerkl e , Palmer
Legal Counsel informed the Board that the other procedure required to bring the matter to completion is the filing of the Certificate of Completion with the Secreta of State and recordation by the County of San Diego. The mailing for filing will be done as soon as the City of Oceanside supplies the official maps on the Detachment. The City of Oceanside may attempt to get some special legislation through to make th effective January 1, 1971 for tax purposes, but as far as it now stands it would not be effective un ti 1 January 1, 1972.
Committee Reports :
City of The Manager reported that there was a presentation before the Carlsbad Carlsbad City Council by the Board President at their meeting last night. At tha
District operati on of the City Water Department. The recommendation for a joint stu committee was accepted by the Council and Vice Mayor Mc Comas, City Manager Jack Arnold , and Water Committee Member Robert L. Watson were appointed to represent the City on this Committee. The new City Attorney will also serve as a committee member
The Manager called attention to a draft of an outline on the scope of study for prep aration of an operating agreement which was placed at each Director's station. It is the District 's understanding that the City Manager wi 11 be communi catfng with the District on the matter and a meeting of committees from both agencies wi 17 be arrang Mr. Priday informed the Board that he will be attending the District Board meetings a regular basis and will serve as liaison between the City and District for this stb The Manager informed the Board that the District wi 11 be responsible for the minutes of the Committee meetings.
City Water The Manager reviewed a letter directed to the District from the City Improvement Engineer, Hunter Cook, requesting the approval of the Board for the Project proposed construction re1 ated to the HUD Project. The Manager ex- pl ained that the plans submitted are preliminary plans only and are not adequate for our evaluation and that when the City has the final plans for the project, the District will review them and give formal approval. After discussion, it was agreed that the District should try and expedite the matter so that the City can get it in its final stage for submission to HUD for final approval. The Manage) will prepare a simplified version of the certification on the Service Area Map and submit it to the City Engineer for execution in order to get these plans formalized as far as the District is concerned.
Legal Counsel :
La Costa Meadows In reference to the authority and jurisdiction for this annexa- No. 4 Annexations tion, Legal Counsel reported that the District entered into this proceedings on December 16, 1970 by the adoption of Reso- lution No. 261, requesting the consent of the Local Agency Formation Commission. 01
I time Mr. Maerkle presented the letter to Mayor Dunne in regard to the
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January 8, 1971, LAFCO adopted their Resolution No. 7-93 granting their approval , and designating it as "La Costa Meadows Unit No. 4 Annexation". The annexation was handled by 100% consent from La Costa to annex this area without hearing and with- out notice. They have also signed to give notice of any transfers of ownership prior to receipt of recording of the certificate of completion. After discussion, Legal Counsel presented a resolution entitled "A RESOLUTION OF THE BOARD OF DIRECT-
Resolution CERTAIN TERRITORY DESIGNATED LA COSTA MEADOWS NO. 4 ANNEXATION TO THE No. 266 CARLSBAD MUNICIPAL WATER DISTRICT AND IMPROVEMENT DISTRICTS 1, 2 and
ORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE ANNEXATION OF
I 4 OF CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (LA COSTA MEADOWS NO. 4 ANNEXATION >'I s The said resolution, numbered "266", upon motion of Director Mac Leod, seconded by Director Palmer, was adopted by the following vote:
AYES : DI RECTORS : Carmi chael , Kelly , Mac Leod,
NOES : DIRECTORS : None ABSENT : DIRECTORS : None
Maerkle, Palmer
La Costa Vi 11 age Legal Counsel reported that the Brief is being fi 1 ed in answer Law Suit to the La Costa Vi 1 lage suit today and the matter wi 11 then be set by the Court for hearing at some future date. He explained that Section 2 of District Ordinance No. 26 provides that the Manager shall develop rules and regulations for the use and consumption of water and this important point is being developed and was included in the Brief.
Speci a1 Di s tri cts Legal Counsel reported that no information is in yet from the Advisory Committee Special Advisory Committee of LAFCO on the 1 ast meeting which was called for February 8, 1971. The next order of business for the Committee wi 11 be the appointment of a special executive committee to develoi an inventory of a1 1 of the powers now exercised by special districts. He informed the Board that they should consider appointing representation for the Special Di s-
tricts Advisory Committee and explained that the person or persons selected need not be elected officials of the District. After discussion, upon motion of Director Kelly, seconded by Director Carmichael , and unanimously carried, it was moved that the District Manager and Legal Counsel be appointed as official representatives to the Special Districts Advisory Committee, as identified in AB 1155.
Oceanside City Attorney Tom Smith arrived at this time (2:55 P.M.) and conferred with the District Is Legal Counsel.
Superi n tendent's Report:
Superintendent Henley reported that the field crew has been doing mostly regulation of the water and a 1 i ttle clean up on the District faci 1 i ties. The ,next shutdown on the El Cami no Real Pipe1 i ne Project may be scheduled for next Tuesday if plans work out. The contractor is still working on the eastern end of the Alga Road extension in the La Costa area and there is no construction at the present time concerning the District. The fire rating bureau has been checking out the La Costa area and a prob- lem was due to valving and the line was retested. During the fire flow testing on the new 12" AC. line, a valve closing by firemen resulted in the blowing up of that
section of pipeline which was repaired by the Don Hubbard crew. The lake level at Squires Dam was reported at 499.0, with water delivery at 8 cfs .
General Manager
El Camino Real The Manager reported that the County's road construction project Pipeline Project is now underway and the District's Contractor is also working along on re1 ocating our faci 1 i ties a The shutdown a week ago Tuesday night went pretty well and service was restored by 7:OO A.M. Wednesday morn- ing. Due to some operational difficulties, some irregular pressures go into the City system and created some leak problems for the City crew and dirty water but the system was back to normal in a few hours.
The Contractor is moving right a1 ong as far as the Laguna Riviera Vault is concerned the Manager reported, and the District has responded to the City regarding the agree ment for service at Kelly Drive and justification of the $5,000.00 contribution to
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the project. It has a1 so been verified that the City actual ly received the sum of $6,000.00 from the Developer of Laguna Riviera for the same vault and this has been call ed to the City Manager's attention.
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The Manager presented for payment Progress Payment No. 8 for the Don Hubbard Con- tracti ng Company for work performed during the month of January, 1971, 1 isting gross earnings of $138,711.00, less retention and previous payments for a net amount due of $8,588.00. After discussion , upon motion of Director Carmichael , seconded by Director Palmer, and unanimously carried, the Board approved Progress Payment No. 8, in the amount of $8,588.00, to the Don Hubbard Contracting Company.
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 $143.23 for extra work involved in reducing a 10" outlet which was shown in error as an 8" out1 et on construction plans.
The Manager recommended District approval of Contract Change Order No. 2 covering the extra work by the Contractor in the removal of the 20" pipe at four locations which the District is abandoning by virtue of our relocating it. The extra work involved wi 11 be invoiced to the District on a unit price basis in accordance with the rate schedule submitted to the Manager. After discussion, upon motion of Di- rector Carmichael, seconded by Director Palmer, and unanimously carried, it was moved that the District approve this Contract Change Order No. 2 for the removal of thjs pipe.
The Manager reported that the Griffith Company construction yard to the rear of the District's facility here is now in use. An executed copy of the letter agreement has been returned to the District and they have commenced construction of the road- way and development of the site as specified by the District.
La Costa Subdivisions
La Costa The Manager reported that a meeting was he1 d yesterday with Mr. John Meadows : Mamaux, Project Coordinator for La Costa , regarding the pipe1 ine ex- tension from Alga Road out to Rancho Santa Fe Road. The timing on the part of the District and the obligations of La Costa were discussed and the matter of a potential refund agreement for the portion of the 1 ine they build was also brought up. Mr. Mamaux also inquired about the possibility of the District going to a 15 year pay back period on this pipeline. One thing did come out of the meet- ing concerning Unit 2 of La Costa Meadows Subdivision which La Costa is working on right now. A total of 40 lots are involved in the subdivision that this District wi 11 provide water service to and a financial arrangement has been discussed where- by La Costa would add an additional $5,000 .OO to the $25,000.00 for the theoretical pumping station design in Unit No. 1, pending the signing of a firm contract on this pipeline secondary source of supply. The Manager pointed out that there would not be any more of a risk to the District and would a1 1 ow La Costa to proceed with their development and also give a little more time to put this pipeline project to- gether. The Manager called attention to another source of supply for this general area in the event time was running out and additional capacity was needed in that zone before the project has been finalized. He outlined a proposed routing for a 12" 1 ine following the extension of Me1 rose Drive from Alga Road to tie into the District 's 27" main in Palomar Airport Road which could be financed without a bond issue. The Manager and Legal Counsel will proceed with drafting of the Agreement with ha Costa taking these matters into considerati on.
Fi 1 tration The City Manager wi 11 be reporting to the District on the City's pro- P rog ram jected needs for filtered water and the District wi 11 be submitting
for filtered water.
Squires Dam The Manager reviewed a proposal submitted by FUGRO, Inc. for the re- Piezometer furbishing and servicing of the piezometer system at Squires Dam. Sys tem The services to be performed in restoring the system are to be charged on the basis of time and actual costs of materi a1 s , wi th the total fee not to exceed $1,100.00. The firm a1 so proposes to provide certain serv- ices on an annual basis at a 1 ump sum fee of $575.00. The Manager explained that
the system has had no maintenance since the instal 1 ation in 1963 and that it is irn- perati ve that we proceed wi th some form of maintenance on the system which is a safety requirement under the State Division of Dams. After further discussion, upon motion of Director Carmi chael , seconded by Director Palmer, it was moved that
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the District accept the proposal from FUGRO for the repair and checking of the piezometer system at Squires Dam at a total fee not to exceed $1,100.00. Four Ayes. Director Kelly voting llNotl. Motion carried. No action was taken at this time on the annual services offered by the firm.
Tri-City The Manager reported that another meeting has been scheduled on the Pipeline Tri-City Pipeline Project for this Friday, February 5, 1971, at 9:OO
A.M. at the Vista Irrigation District. At that time study maps will be presented to the group and the Manager wi 7 1 also be discussing with the City of Oceanside the Santa Rosa reservoir site which has been suggested by Director Kelly.
Other Matters:
Water The Manager presented a compilation of the water production and loss Statistics . statistics covering the period of July, 1969 thru December of 1970.
period ending December, 1970, and the only important factor involved appears to be the new capacity levels that were worked out on the aerial survey of the dam. In discussing possible areas of water losss Director Palmer brought up the possibility
of establishing a fire hydrant fee for the La Costa area and other hydrant instal- lations in the District where the District is providing unmetered water for fire control.
Water 1 osses have decreased from 7.5% to 3.7% during the si x month
Burroughs It was reported that the District has been contacted by the Plant Corporation Manager of the Burroughs Corporation regarding problems of dirty water getting into their plant operation and the financial losses which resulted from the shutdown during that period. A meeting was arranged with pl ant offi cia1 s , the District Manager and City Engineer to discuss the matter and what can be done. The arrangements and time element involved in making a shutdown with the Authority system to prevent the introduction of turbid water into the District system was explained to them and the costs to the District if the water has to be dumped into the Lake San Marcos area. The Burroughs Corporation has agreed to reimburse the District for any water dumped in the event the shutoff by the Authority cannot be timed with the District. A meeting has been arranged with the personnel of the San Diego County Water Authority for this Friday to review
the matter and see what can be worked out. I
The A.M
ee 3 and
Manager reported on an incident which took place last Friday morning at 10:30
o involving one of the District vehicles and fie1 d personnel. District employ- Michael Temp1 e was working at the Yada connection north of the District office was on his way back to the warehouse when he was waved down by a young man who commandeered the truck and had the driver drive him to the San Diego Airport at Lindberg Field. FBI and the local Pol ice Department are cont-inuing their investi- gation of the incident.
The Water Statement Status Report for the period ending January 29, 1979 was re- viewed, listing total accounts outstanding of $1,911.97.
The survey of the settlement markers at Squires Dam has been completed, the Manager reported and shows a settlement of one-tenth of a foot at the center of the Dam for the seven year period.
Correspondence and Announcements:
(1) President Maerkle announced that arrangements have been made for the CMWD to
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host the next meeting of the San Diego County Water Agencies Association on Apri 1 22, 1971, at the La Costa Country C1 ub.
vention scheduled for April 14-16, in Sacramento.
a heara’ng on the Encina Power PI ant No, 4 Generating P1 ant for March 17, 1971 in the City Hal 1 Counci 1 Chambers.
(2) Announcement from the Irrigation Districts Association regarding Spring Con-
(3) Director Carmichael announced that the Pub17.c Utility Commission has scheduled
Speci a1 Accounts Payabl e:
(1) Upon motion of Director Carmichael 3 seconded by Director Mac Leod, and unani- mously carried, payment was approved to the State Compensation Insurance Fund in the net amount of $327.94.
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(2) Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, payment was approved to Randall Mitchell in the amount of $255.67, for pub1 ic re1 ations services and miscellaneous expenses through February 14,
1971. (3) Upon motion of Director Carmi chael , seconded by Director Mac Leod, and unani - mously carried, the Board approved payment to Jack Y. Kubota, in the amount of $2,016.00, for services performed during the month of January, 1971.
I Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 5228 thru No.
1971, thru February 3, 1971.
North Carlsbad Legal Counsel reported that Oceanside City Attorney Tom Smith had Detachment submitted the linen on the plat map of the North Carlsbad area
ceed with the recordations on the North Carlsbad Detachment.
The meeting was declared adjourned at 4:32 P.M.
5253, in the amount of $7,163.58, covering the period January 21,
and wi 11 del iver 15 copies in the morning so the District can pro-
ATTEST e
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Se'cretaiy of the Board 'of Directors
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