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Home My WebLink About1957-08-07; Municipal Water District; MinutesMINUTES OF A EULAR MJ3ETING OF THE WARD OF DIRECTORS OF THE CARISBAD MUNICIPAL WATER DETRIC!!' HEX& AUGUST 7, 1957 AT 7:30 P.M. AT 2960 PI0 PIW DRNE, CARZSBAD, C&,IFoRN;1;A The meeting was called to order by Vice-president Kelly. Directors present: Ewald, Kelly, Rogers; absent: Fry. Also present were Attorney Swirsky, Engineer Clayton, Col. Harry Price, Paul Ecke, Mu. Cannon, Attorney Von Herzen (Los Angeles), City Manager Herbert Nelson, Executive-secretary A. Stephens Lowrie, et al. Minutes Minutes of tbe meeting of July 17, 1957 were approved on motion of Direcl Ewald, seconded by Director Rogers. Minutes of the meeting of July 19th were approved on motion of Director Rogers, seconded by Director Ewald. co~P0NI)ma: 1. Associated General. Contractors of America, S. D. Chapter, 8-6-57 -- Re claim of g Brothers, Inc. against Mutual. Pipeline & Gonstruction Com~any. The attorney reported that technically there is no contract between Mutual and Einer. The mere fact that Eir is listed as sub-contractor does not oblige the lYlutua1 Pipeline Construction Co~~pmy tc use his services as long as no other sub is engaged. In case of suit, however, there will be $24,000 held back by WWD until thirty-five days after acceptance of the job. The attorney recommended therefore that the matter be held in abeyance pending further investigation. On motion of Director Rogers, seconded by Director Ewald, the attorney was instructed to answer the letter of Einer Brothers stating that no action will be taken pending further developments and that the matter is under study. 2. J. Putnam Henck, 8-6-57 - Enclosing notice of incorporation and requesting assigr ment of con.f;ract to the new entity. On motion of Director Rogers, seconded by Direct01 Ewald, approval of the request was granted contingent upon the attorney's approval. 3 . Mutual Water Conpanz, 8-6-57 - Enclosing $5,000 as part of cost of pipe line COM~ tion and requesting extension of time to arrange for financing of balance. Also en- closed is copy of 1913 agreement of water production in the San Luis Rey Valley and a statement that policy shall be to confine sale of water purchased from Improvement Dis- trict No. 1 to users within that District. On motion of Director Rogers, seconded by llirector hhald, the secretary was instructed to notify the Mutual of approval of the terms of the letter. 4. San Marcos County Water District, 7-31-57 - Copy of letter to Authority stating that water used by CMWD from June 26 to July 31 is 18.959 acre feet through Bueno and San Marcos facilities. 5. Glenn b Wright, Attorneys, 8-2-57 -- Re water shortage allocation by City of San Diego. Director Rogers said there is still some argument as to whether back taxes shot count in calculating entitlement. Rogers said that he believes the CMJD Board should reiterate its position. He said the City of San Diego bas agreed to furnish 9,500 acre feet of water if other agencies will furnish 1,400 acre feet. 6. San Diego County Water Authority -- Minutes: July llth, July 16th and July 26th. 7. Boyle Engineerinq: I ,I 8-2-57 -- Change order No. 3 - Reservoir 8-5-57 -- Progress pay estimate, Reservoir - $2,021.09 8-5-57 -- tl tl II Unit A-2 -- $29,376.43 8-5-57 -- I! It n Unit B - $84,300.96 8-5-57 ...- 11 It 11 Boyle Ehgineering - $3,470.95 On motion of Director Rogers, seconded by Director Ewald, payment of all progress estim was authorized. 8. Terramar Water Company, 7-30-57 -- Application for wholesale service connection. Attorney Swirsky pointed out that there are three problems at present: 1. Terramar does not have a certificate of convenience and necessity. 2. The service area has not yet been approved by the Public Utilities Commission. 3. There is a possible conflict between the service area and proposed Improvement Bistrict No. 2 South of the Agua Hedionda Lagoon where Mr. Fair has his property. Ther is also a small triangle on the El Camino where there is a cross over between the Mutua service area and that of Terramar. Attorney Von Herzen stated that Terramar's application to the Public Utilities Conrmissi had been filed. Asked by Director Rogers about the price to be charged for water, Von Herzen said that this is a matter regulated by the Commission. -1- I ,. i Terramar City Manager Nelson pointed out that Terramar Water Company does not have tween Terramar and the Public Utilities Commission. Attorney Von Herzen took issue wit: the City Managerts letter of August 6th and said the matter would be clarified by the Commission. Director Rogers stated the opinion that the service connection to serve the area now be furnished with water be granted on a temporary basis pending completion of negotiations with the Commission. Director Ewald moved that the Board approve a contingent connecti for a period of six months subject to the approval of the Engineer and receipt of a de- posit as required under term of Ordinance No. 9 and that, pending action by the Public Utilities Commission, the service be confined to the present system unless otherwise ap proved by the Board, such connection to be subject to extension after the six nonths pe has elapsed. The motion was objected to by Mr. Ecke and Attorney Von Herzen. Mr. Ecke wanted to know if credi't would be extended to Terramar as in the case of the Hutual for the cost of the connection$- Director Rogers suggested that he supply the District with a financial statement. Director Ewald's motion was lost for want of a second. Director Rogers moved that the Board approve a connection at Station 701, to cover the present service area of approximately 1,600 acres, on a contingent basis pending com- pliance with the terms of Ordinance No. 9 including presentation of a certificate of convenience and necessity and approval of the service area by the Public Utilities Cow aission. The motion was seconded by Director Kelly and carried with the dissenting vot of Director Ewald. Pipe Line Engineer Clayton rerorted that the Resemair is 100$ complete and ready f Progress acceptance and that Unit A-2 is complete except for certain valve control system is still being checked and there are one or two small items on the way. Clayton proposed that the Board make an inspection of the system on Monday, August 12th at 2:W a franchise with the City and asked to be advised of all proceedings be- I Unit B is complete as far as construction is concerned but the control P.M. I Hallmark The request for an extension of time by Hallmark was briefly discussed, j Unit B being noted that the date for completion under terms of recommendations I the committee had been reached and the system is not yet complete. Second Zngineer Clayton suggested that the Authority be asked to incorporate a Aqueduct meter structure at the point of connection to the new aqueduct. This wo1: mean a full connection at Foothill Drive and Encinitas Road. The Enginee was authorized to make the necessary negotiations with the Authority on motion of Direc Rogers, seconded by Director Ewald. Kelly Attorney Swirsky reported that the title to the Kelly land had been check Application and is in order. He stated that Mr. Kelly's check in the amount of $2,5C had been received. The Executive Secretary reported that it had been de- posited. Improvement On motion of Director Ewald, seconded by Director Rogers, appointments District No.1 for an advisory committee for matters pertinent to Improvement District Harry Price and C. Red Helton. The Understanding is that Mr. Wood is to serve as tempc Chairman and that the fifth member is to be selected by the group for approval at a lat date. The Secretary was instructed to notify the committee of the appointments. It wz noted that although this committee has no legal status it is understood that they shoul have the right to take up questions on their own initiative and that the Board will mal every effort to give consideration to all recommendations. Rainbow "D The request of Rainbow MWD for water from WWll was set aside for the tin being. It was noted that Rainbow is willing to promise to turn over en= titlement to cover any amount borrowed. Key Acres On motion of Director Rogers, seconded by Director Kelly, a letter to tl San Diego County Health Department re supplying water to the sub-divisic known as "Key Acres" was approved as revised with Director Ewald refraining from voting on the ground that he has a personal interest in the matter. Secretary's It was noted that the Bcecutive Secretary had not taken a vacation authc Vacation ieed earlier. Her request for the week of September 22nd was granted 01 No. 1 were approved as follows: Daniel Wiegand, W. Dennis Wood, Col. I motion of Director Rogers, seconded by Director Ehald. -2- On motion of Uirector Ewald, seconded by Director Rogers, the meeting Was adjourned to August 21, 1957 at 7;30 P.M. /,q r 1c' ,/* ,,' : I ' ,!,' /::...',..', ,,,>' Presidezit of tFe Boad./of-.&rectors WBAD MUNICIPAL WATWISTRICT ,d ; ".. F ;. .; ; 4 ,=., <.. ( ,.: c/ 1 rr; ,' ".. ..2 # I m. %x%+&, Pi* ATTEST : Secretary of the Board of Directors CARISBAD MUNICIPAL WATER DISTRICT I 1 -3-