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HomeMy WebLinkAbout1957-08-21; Municipal Water District; MinutesMINUTES OF A& AUJQUHNED iW3JI;AR MEETING OF THE BOARD OF DIXECTORS OF TKE CARSBAD MUNI( PAL MATI?& DISTRICT HZLD AT 7:30 P.M., AUGUST 23, 1957, AT 2960 PI0 PIC0 DRIVE, CARISBAl CALIFOm-IA. The meeting was called to order by President Fry. Directors present: Ewald, Fry, Kel: Rogers; Absent: None. Also present were Engineers Les Clayton and Donald Kukuk, Ekecl tive Secretary A. Stephens Lowrie, Wm. Cannon, Berry Hayes, Ed Hallmark, and James Gierlich of the Autocon Company. Correspondence: I 1. County of San Diego, Auditor & Controller, 8-15-57 giving assessed valuation figur which were found to be incorrect. The Executive Secretary reported that a letter had sent following up a phone call by Director Ewald in an effort to straighten out the ma immediately. 2. Frank B. Smith, undated letter to urge legislation stopping further annexations to MWD. The Secretary was instructed to acknowledge the letter and point out that the Me politan 'ulater District is responsible for serving water in Southern California and tha it is not their province to say who is to stay in or out of the Metropolitan and that such legislation had been adopted four years ago, CNWD would be without water today. 3. Don't Waste Water Campaign: 8-15-57 -- Water donsumption data 8-16-57 -- Notice of Board meeting 8-26-57 4. Offices of Glenn 1 Wright, San Diego Attorneys! 8-8-57 - Copy of letter to Rr. Wright from City of San Diego re water shortage a: tion by the City of San Diego. 8-8-57 -- Copy of letter to the Authority from Mr. Wright re release of water by I City of San Diego. Director Rogers reported that the City of San Diego is going to f1 ish 9,500 acre feet of water, but if other agencies in a position to help do not do st it would influence the willingness of San Diego to contribute in the future. He notec that the Authority has been notified orally that this Board has agreed to furxish 300 acre feet of water under the same terms as that being furnished by the City of San Dil Rainbow Director Rogers noted that we have a request for water from Rainbow Mh with the promise to turn over entitlement on demand in exchange. It k not been decided whether the Authority would accept such a proposal. The request of Marcos was also discussed with the observation that San Marcos could 1 San Marcos supplied out of the 300 acre feet being turned over for release by the Authority. I 2nd Aqueduct Director Wild reported that the Authority is setting up a three year sale schedule which means the 2nd aqueduct will not be completed for t length of time. However, it was noted that the Northern part would be completed befc that and that is the only part which would effect CXMD. Northern agencies, especial1 Rainbow, would be in the best position to pay back the water at an early date. Howel it was urged by Directors Ewald and Kelly that caution be used with regard to distril ting CHWU's stored water. On motion of Director Rogers, seconded by Birector Kelly, the Secretary was instructed to write to Rainbow informing that agency that in view the fact that there is a possibility that agencies can get by with water being allot% by the City of San Diego and others it is recommended that for the ti: Rainbow being no action be taken on the request of Rainbow MWD. 5. San Diego County Water Authority: 8-6-57 -- Tabulations for .Tul~, 1957 8-9-57 -- Letter outlining financial requirements of the District for carrying 01 - " I the expansion program and recommending that the rates for water be increased as of 7-1-58 Resolution On motion of Director Rogers, seconded by Director Ewald, it was agre NO. 62 that a Resolution should be drawn opposing such increase in rates, E call vote approving said Resolution was as follows : AYES : DI"3S : EdAw, FRY, KELLY, ROGE;RS NOS : BIH3CTOI2S : NONE SENT : DIRECTORS : NONE 8-15-57 -- Final tabulation showing allocation of Authority water as of 6-30-57, 8-19-57 - Letter of trnasmittal enclosing Resolution 433 levying tax on properl within the Authority and enclosing the auditor's certificate as to assessed valuatic for 1957-58. ' -1- I Unit t1A-21f The Engineer recommended that Unit 11A-2n constructed in accordance with the specs and completed with minor exceptions be formally ac- cepted; that Boyle Engineering be authorized to file the completion notice with the County Recorder on behalf of WAD; and that the District authorize final payment ($37,543.06) thirty-five days from date of acceptance with the followin4 reservations: (a. ) Presentation to be made by the contractor of written release from California State Highway Department showing satisfactory completion of all work with5 the California State Highway right-of-way. (b.) That in the event the valve gear assc lies and stem extensions which are not now installed are not completed to the satisfac tiond the Engineer at the end of the thirty-five day period, $3,000 will be withheld from the final payment until such installation is accomplished to the Engineer's satir faction. On motion of Director Rogers, seconded by Director Ewald, this recomendatic was approved without qualification. Unit I1Bf1 The Engineer recommended that Unit I1Bt1, constructed in accordance with Boyle Engineering be auth.orized to file a completion notice with the County Recorder 1 behalf of MrrD; and that the District authorize final payment ($98,318.12) thirty-fivc days from date of acceptance with the following reservations: (a,) That the final pi ment of $5,000 be withheld until the miscellaneous valve accessories are installed anc a satisfactory service check of mechanical equipment has been performed. (b.) That ' acceptance be conditioned upon items set forth in a letter from Boyle Engineering to Hallmark Construction Company under date of 8-21-57 (copy of which is on file at the (3ifwD office). fc.) Since the contract time expired on July 5, 1957, before installa of the control equipment had been completed, it was also recommended that damages be assessed in the amount of $100 per day from 8-7-57 -- 8-21-57. The following discussion ensued: Mr. Jim Gierlich of the Autocon Company stated that firm will stand behind its agreement with the contractor and that release of Hallmark Construction Company would not be construed as release of Autocon. He stated that th reason for delay of equipment in arriving was that two other big orders came in just to the Hallmark order and there had also been some trouble in coordinating engineeris done and that he believed he had already been penalized enough through papent of ove time. Director Ekald stated that in view of the fact that the delay was not Mr. Hallmark's fault, and since there had been additional expense for overtime and Hr. Hallmark had cooperative despite the fact that the Plumbers' strike could have served as an excuse for delay, and also in view of the fact that the District did have water and did not suffer because of the delayed electrical equipment, that the District should drop the penalty against Hallmark, Chairman Fry was in favor of accepting fully the recommend tions of the Engineer. Director Rogers said he was in favor of waiving the penalty a Director Kelly agreed. The Engineer stated that there is no question that Hallmark h done everything in his power to get the job done on time. specs and completed with minor exceptions be formally accepted: that infomation. Mr. Hallmark stated that he did not know what more his company could ha I I Motion On motion of Director Kelly, seconded by Director Rogers, it was agree to accept the recommendations of the Engineer with the exception that all penalty against Hallmark Construction Company be waived provided i responsibility to the District for seeing to it that the control equipment does opera properly. Mr. Hallmark expressed his thanks to the Board for its consideration. statement is received in writing to the effect that the Autocon Company will assume f Boyle On motion of Director Ewald, seconded by Director Rogers, the final Engineering papent to Boyle Eugineering ($4,771.72) on contract for Improvement District No. I was authorized for payment. Extension Director Rogers reported that he had studied a number of extension Agreements agreements and that they are all complicated and have drawbacks. He forming a policy in this regard. Director Ewald suggested that the available inform be studied meantime by the remaining members of the Board. Freeway On motion of Director Ewald, seconded by Director Xelly, the Engineer Crossings instructed to contact the Highway Department to determine where projet ted lines as per CNWB's Master Plan would cross the proposed new free1 suggested waiting until there is an actual extension problem before in order that provision can be made in the plans of the Highway Department for such I ings . -2- 8-19-57 -- Announcement of meeting of Fbgineering and Operations Committee on 8-23-5’ be Berry id, Hayes, 8-21-57 - Letter protesting exclusion of property being annexed to Oceanside. In connection with this subject, letters from Glenn R. Peist 0 ceans ide (8-7-51) and the City of Oceanside (8-16-57) were read, Mr. Hayes re- Annexation ported that the land involved would be used for a privately operated sew but believes they would be interested in putting water on their land and that such a de- velopment as a sewage treatment plant would depreciate the value of the land. Hayes pro tested on the ground that exclusion of this land from CMWD might result in the nece’ssity of the surrounding land annexing to Oceanside. On motion of Director Rogers, seconded by Director Kelly, the Secretary was instructed t write to the City Manager of Oceanside (with copies to Attorney Feist and the City of Carlsbad) stating the discussion which had taken place and the reasons for Mr. Hayes‘ 01 jections and noting that before such exclusion would be considered, steps would be taker: to assure that land values would not be lowered and that facilities would be made avail- able to the surrounding area without forcing its annexation. 7e Haahark Constsuction Company, 8-13-57 -- Clarifying the claim of Patterson Tmcki.q Unit “B1* dered referred to the Engineer. Unit stArt It was stated that legal action against the Mutual Pipeline & Construct 7 Co. has been filed by Einer Brothers. However, no official word has be received by 0. 8. J. Putnam Henck, 8-16-57 - Agreeing to conditions set forth by the Standard provi of the contract with reference to the assignment of contract. 9. R. Lo Watson Construction Company, 8-14-57 - Advising that an air vent from the ne installed pipe line is located 12 feet off center line of Valley Place as per sub-divis maps on file at the City Hall. Director Wald stated that these maps had been on file some time and stated that Pfr. Watson had said the vent was not placed in the same posit as indicated by the original plans. On motion of Director IWald, seconded by Director Kelly, the engineer was authorized to move the vent in question upon receipt of a depos to aver cost from Mr. Watson to be held pending final. settlement after investigation. 10. Bank of America, 84-57 -- Advising that the first payment of coupons will be Marc1 1958 and that further notification will be made prior to that date. 11. Boyle Engineering, 8-20-57 - Cost estimate for meter connection for Terramar Matel Company totaling $ll,054. The Executive Secretary reported that a chec Terramar for $11,000 had been received from Mr. Cannon earlier in the day. Accc ing to previous agreement, the engineer was instructed to proceed. En- gineer Clayton then presented the construction plans for the Terramar connection callin4 for two 6” meters, and standard specs for the meter connections. On motion of Director Rogers, seconded by Director Ewald, it was voted to call for informal proposals from COL tractors interested in making these installations. Boyle Engineer Clayton reported that certain tools and miscellaneous items a Purchases needed in connection with the maintenance of the line and asked author for his firm to purchase any necessary equipment. On motion of Direct Rogers, seconded by Director Ewald, Boyle Xngineering was authorized to purchase any ne sary tools and equipment not to exceed $150 in any one month. Pipeline Zngineer Clayton suggested that one or two local persons be instructed Maintenance the partial operation of the pipe line in case of emergency. Director Rogers stated that something could probably be worked out with the Mu- tual. On motion of Director Ewald, seconded by Director Rogers, it was agreed to write the Mutual asking that two men be made available for such instruction. Reservoir Engineer Clayton recommended that the Reservoir constructed in accorda Accepted with specs be formally accepted; that Boyle Engineering be authorized to file the completion notice with the County Recorder on behalf of Q and that the District authorize final payment ($23,196.34) thirty-five days from date c acceptance. On motion of Director Ewald, seconded by Director Kelly, this recommendatj was approved without qualification. disposal plant. He stated that he had not conferred with his neighbors Company against Hallmark on construction of Unit B. The matter was or- I I - 3.- BOARD OF DIRECTORS A. Stephens Lowrie Billy C. Fry, President Allan 0. Kelly, Vice President Max 0. Ewald, Secretary Patrick E. Zahler, Treasurer William W. Rogers, Director Executive Secretary Carisbad 7"Lntcipal Water BisstAct 601 Elm Street CARLSBAD, CALIFORNIA Telephone SA 2-8013 June 3, 3.957 Board of DirecCars Carlsbad NunLcipal Water District P, 0, Box 265 Carlsbad, California Gentlemen: It has come to my attention this date, at 8:30 A.PL, that Director Zahler is nov residing, and has been for some weeks, at his new home at 4.225 Sunnyhill Drive. Since the Directars of the Carlsbad Mimicipdl 'dater District as@ elected to serve designated areas, I believe that a close investigation of Director Zahlerfs residing outside his elective district should be made immediately. Very truly yours, .?yLt, oa pLIvcll(e4, k 0. Ewdd Secretary of the Board of Directors CARLSBAD NUNICIPfiL WfiITER DISTRICT ME: as1 Jzlne 2, 2%? .E3WrPd of xmctm 16mrsm 2ac5~ ?fEfx33? 22s-kX5e.t; Ca,TlSba.d, CaEfo~a %Xl.tXemn: P. 8. BQX %g Zt has COB La rmy &“cention Ynls &&e, a% 8030 A&, t!lG-% 3>(?C’CO? &,kkZ kS %XW 2Y?B17dhg, ad ’e-3 hen fOP SOEB tK?SkS, ga% &S 33.t?%T hOEf3 at, &225 s 22 %im. sgnes $Ire D&wYbxJS ole the Cm*Isbac! 2racim &.ter QfStfi6% 02e eleeteb! to sem deslwted Z!m&S, I hUew th& E% close Iaveseg&%Lon @b %I”hbZ”S 33Si&J‘lfJ Q%?%$fd@ h,iS €220QtiVf$ ~~~’~~~ fl&JljJA bQ rfEide qE1pI1&dfahlr. ’JGq wr ,wms# yz:w-J kh 0, La!, Z‘kX 0. %dd Secre.tw:7 of %kE Bamd w2 32T?eeto2 C&yg&sB4,g ;:.yTCTp;;,L ‘Jpy2;E D-cqq-fm -%L> -.-”-u t Zahler Director Ewald nominated Wesley F. Greek to fill the vacancy created by Replacement resignation of Director Zahler. The nomination, seconded by Director Rogers, was unaninously approved. The Secretary was instructed to arrange for the swearing in of Director Greek before t next meeting. Bills Bills for the month of July were approved (checks #1886-1916) on motion I of Director Kelly, seconded by Director Wald. Dennis It was noted that Attorney ilennis had not been present at meetings for some time. On motion of Director Ewald, seconded by Director Rogers, : was agreed to terminate his services and ask for his final bill with expression of reg .On motion of Director Ekald, seconded by Director Rogers, it was agreed to adjourn to August 27, 1957 at 4200 P.M. ., .d , 'j -,. ,// .- .. .?-,. ,,"" &#< ; I & /,". '/' . ~ *. Ii 2.' ". L&/% ,,...>* : ~. . . c,. . W-/ "; ' ,..: .. ../ President of the Board.."of Director: CARISBAD MUNICIPAL, WATER DISTRICT ATTBT t -. :-. kvAq 0, h 1 Secretary of the Board of Directors CWBAD biU3lCIPA.L WATm BISTRICT I I