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HomeMy WebLinkAbout1958-07-17; Municipal Water District; MinutesI FtEVISED MINUTES OF A SPEIAL MEETING OF TEE BOARD OF DIRECTORS OF CAF&SBBD MUNICIPAL VATh'R DISTRICT HELD ON JULY 17, 1958 AT 3 :OO POI% AT 2%) PI0 PIC0 DRIW, CARLSBAD, CAI IFORNUI, FOR THE PURPOSE OF CONSIDERING: CONSTRUCTION, IMPROW3~NT DISTRICT NO. 2; A IRESOLUTION AUTHORIZING THE DISTRICT SECRETARY TO ACmPT EASEMEWS AND DEEDS ON EIEHAIlF C THE DISTRICT; RATIFICATION OF PAID BILLS; APPROVAL OF lENU!ES OF JULY 2, 1958; BUDctET FOR 195859; TRANSFER OF FUNDS FROM TEE BANK OF AMERICA TO THE SCURITY BANK; IRRIGQ- TION DISTRICTS 07FICERS ASSOCIATION MEXTING; AND OTHER PERTINENT "!SRS. The meeting was called to order by President Fry. Directors present: Fry, Greek, Cm han; Director Ewald arrived late immediately following roll call. Others present were Attorney sbisslrg, Ehgineer Short, Executive Secretary Lowrie, EiEanager Rogers, Perry Lan CmoU Kelly, Joe Heredia (Carlsbad Journal) , Dave Taylor (Blade-Tribune) , Wm. Perry ( san Diego union) . CORRESPONDENCE: 1. Boyle EngineeTing, 74D-58 - Copy of letter to Sierra Pipe & Constnxctlon compan;g failure to complete contract within stipulated time causing necessity of nWdng several connections i&diately following steriiizatilon of the line. Enginekr Short reported 1 sterilization had been completed as of Jay 15th and needed comections were made at tl tine but without acceptance of the -e itself, 2. San Diego Comty Water Authoritx: 6-30-58 - Report of June operations 7-3-58 - Tabulations for June, 1958 3, Hallmark Construction Coo, 7-14-58 - Copy of letter to Cowdreg re unsatisfactory 1 pairs on Chestnut Avenue. 4. Irrigation Districts Association, 7-%58 - Opinions re Board members serving as St retary, indicating that as long as the Secretary is not paid there is no problem about this. The matter was referred to the Attorney for further study, Manager Rogers announced that a meeting of the Irrigation Districts Officers Associatic will be held on July 23rd and urged Directors to make reservations with the EKecntive l ret-. Minutes Minutes of the meeting of July 2, 1958 were approved on motion of Direc' I Greek, seconded by Director Ewald. Construction Engineer short reported that the construction of Impromment District I& 1.D. 2 2 pipeline is not completed and that the situation is not satisfactory t the attitude of the bonding company is to not take seriously the penalQ for additional time taken for the cle-up work. He said CMD should not accept the wc until it is properly done but that it must insist upon use 03 the line ~r~mtinm. Shor stated that the hydraulic tests caploel off well. He added that he intends to write anotl letter to the company regding the delay in completion. Attorney Swirsky noted that 1 had talked with the Attorney for the bonding col@any and that he had requested notificl of the meeting at which damages would be consldered, 'Line Esten" Englneer short reported that at the time detail studies had been made fc dons, I.D. 2 extension of the system the East line across the Caron property had bet and unreasonable demands on the part of &, Capron, it was stated that 1 other proposal would be justifiable, Regarding tine money' for the project, Manager Rogc reported that Attorney Sqirsky had consulted with 0"elveny & Myers and that I~~~OV~BEI District No. 2 funds could not be used for bond service until all phases of the projec have been completed, Tnis makes approxixuately $60,000 available for construction. Engineer Short estimted that $&l,OOO would take the line to the Ponto Road and on ove: close to the railroad. hger Rogers noted various alternatives for raising addition; money for the project such as the 1911 Act or having beneficiaries put up the money, : was observed that to come down the East side of the track would make for expensive sey connections to the West of the track. Manager Rogers asked the Attorney if CIMD would liable to suit if the original plan proposed by the Engineer is changed. The Attorney stated that on the hasis of proper engineering testimony it could be done. Before aut: izing such change, the mgineer would have to pt into the record that a detailed and : cise study had been made indicating the neces&&ty and advisability of such change. Thl possibility of condemnation was also discussed. (Hecker) Attorney Swirsky said that e. Hecker 's Attorney has filed a partition i on land of which Hecker owns 75%; the other 25% belongs to the Hecker e Mr. Hecker does not wish to grant an easenaent until settlement of the partition suit. (Cagrod recommended. In view of the difficulties with *egard to securing easemc I (Ayers) Manager Rogers asked Engineer Short if it would be possible to build the line on Aprst land. Short said it would but that Mr. Aprs thinks the fair thing to do is take' fifteen feet from each side of the property, He said that if that cannot be done he believes something cotdd be worked out with &. Ayers. Manager Rogers then asked if CMWD could build on &. Ayers' land and let Mr. Hecker deal direct or that CW could condemn. Director Ewald asked if a barrier should not be held by th District and was advised that this would not be practical in this particular case. Mr ector Ewald expressed doubt as to the advisability of giving one land mer leverage over another. Engineer Short said the only alternative then is to let one have a free ride at the expense of his neighbor. The easement site on the Capron proprty covers a total area of about one acre which, if condemned, would probably cost the District $l,O plus cost for appraisal and-legal costs, etc. Director Ewald suggested that the Distrl proceed with condemnation, ly with him when he wants water, fittormy Mrsky said it cculd be handled in this way Mr. Carroll &lly pointed out that if the District goes to condemnation forcing sale at a certain price, all others involved should receive the same price, He added that ther has been no regular meeting of the advisory comndttee but that the members aU seem to feel that since the money has been voted, it should be spent but that the District cou use its own judgment as to where to put the line. Mmager Rogers stated that Water Authority procedure is to get an appraisal. of the com- plete route and to offer whatever the value of the land dictates based on 9% of fee va u8 fm an sastmnt. Engineer Short pointed out other possible solutions stating that the Dfstrict has the a thority to construct facilities under a number of Improvement District Acts including those sf 1911 and 1W. "he 1913 Act, he said, includes authority to acquire necessary rights-of-way for public improvements by whatever mans necessary including condemnatio The costs involved become part of the cost of the project. Included in this also is th authority for the District to contribute to the project in any particular amount, Any- thing over what the District could contribute would be paid for by the beneficiaries on an assessment basis to include construction costs and costs of rights-of-way acquisitio Only those adjacent to the line would be assessed in this way, The Attorney pointed out a possible problem in that this might in effect create 811 addi. tional bonded debt which might be contrary to our agreement with the band btlyers. En- gineer Short took exception stating that there had never been any agreement made on tb particular subject and that the matter could be cleared up by talking with Mr. Wferty Manager Rogess stated he would rather not do that, I kger Rogers suggested the possibility of negotiating with aa offer of a moderate fee On motion of Director &ald, seconded by Director Greek, the bager was authorized to offer P$ per lineal foot for a 20 foot easement to all property Owners concerned 021 the green line route, Resolution 81 The Attorney read a Resolution authorizing the Secretary to accept ease ments and deeds on behalf of the District. The Resolution, numbered 81, was adopted on the following roll call vote: AYES: DIFtECTCRS: EWALD, FRY, GREEK, CARNOW NaES t DIIiFiCTORS: NOM3 ABSENT: DIRECTORS: KELLY I Budget hnager Rogers presented a revised tentative budget for 195859. Action on revisions was deferred in view of the fact that the budget will probal be ready for final adoption by the time of the next regular meeting, The Executive &e. retary stated that allocations of water sales would be made in accordance with the pro- posed changes and that they could be adjusted again later if necessary, I.D. 1 Funds Closing of the Construction Fund for Improvement D;strict No. I was dl+ Attorney was authorized to prepare a Resolution to close out the account to be ready a$i the next regular meeting, Authority On mtion of Director Ewald, seconded by Director Carnohan, the h.easure~ Connection was authorised to deposit $13,000 with the Saa Diego County Water Author: I cussed and on motion of Director Ewald, seconded by Director Greek, the for the 35 cfs connection required by CWD, Transfer On motion of Director Ewald, seconded by Director Cmohan, the Tpeasum Funds was authorised to Wmsfer f'unds for Improvement District 2 Active Accou in the Bank of America, to the local Security-First Bank after annual, azxc Bills On motion of Director Ewald, seconded by Director Greek;bills covered Q checks NO. 155157 & 2383-2386 were ratified. Q1 motion of Director Ewal seconded by Director Greek, bills covered by checks NO. 15S161 & 23%-2@4 were authorj for paynent. Moving On motion of Director Ewald, seconded by Director Greek, the bager was August first. Office On motion of Director Ewald, seconded Q Director Greek, office hours we3 authorized to spend necessary funds for the office move scheduled for I *Ours set at 8:30 A.M. to l2:OO P.M. & 1:OO P.M. to 5:OO. Sick have The question of sick leave for employees was discussed and President Fqy appointed a codttee of Directors Ewald and Greek to check with the CitJ and Authorfty for regulations on this subject. Hospital The possibility of the District's contributing a share of the cost of a Insurance Hospital Insurance policy for the Becutive Secretary was discussed with the same committee being instructed to determine the possibilities and tl Attorney requested to consider the legal implications. The Executive Secretary remindec the Board that such insurance had been previously authorized and had been all but set u] when Manager Rogers received his appointment. Since he did not wish such insurance, ani the requirement was for unanimity on the subject among emplpes, the plan of the Irrigt tion Districts Association (same as that used and recommended ty the Authority) had to 1 given up. On July Ist, the plan was no longer open to Districts with less than 25 emplc Resolution 82 A Resolution numbered 82 was read by title by the Attorney. The &solut provides that the District would oppose changes in the legislature regarc the extension of jurisdiction of the Districts Security Commission over water distribut! agencies in California. The Resolution was adopted on motion of Director Ewald, secondt by Director Greek, on the following roll call vote? AYES : DIRECTORS: EWALD, FRY, GREEK, CARNOHAN NQES : DIRECTORS: NONE ABSENT: DIF?ECTORS: KELLY I ezent The Attorney reported on negotiations for the Home Easement and stated that an additional payment of $2,935 to the hand TftZe Company is necess1 in order to close the escrow. The Treasurer was authorized to write a check for this amount on motion of Director Greek, seconded by Director Ewald, The meeting was declared adjourned at 5 a3 P.M. ATTEST: : /I . , /, .e ,. 4;*7 5 ;'. : .! p$. )J>/+. "5 '\ . .J :. ' ,,.,: ,q/&f L. ,I c Presiiient of th,i Board of,Blirectors ~.~;, ; CARLSBAD MUNTCIPAL WATER DIS'fRICT \ 1. I- +,?.(++ . &I rn I' ~ //-*-& 6 /* &+ " \ .Y i ! CARLSBAD MUNICIPAL WATER DISTRICT (SEAL) I I I I July 15, 1958 (To all directors of the Carlsbad Municipal Water District, addressed individually to each of the directors listed below.) Dear Director: The undersigned, as President of the Board of Directors of the Carlsbad Municipal Water District, hereby calls a special meeting 3:OO o’clock P.M. in the Council Chamber of the City Hall of the City of Carlsbad, County of San Diego, State of California. of the Board of Directors to be held Thursday, July 17, 1958 at The purpose of the meeting is to consider: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Construction -- Improvement District No. 2, Resolution authorizing Secretary to accept easements and deeds on behalf of CMWD , Ratification of bills paid, Approval of current bills, Approval of Minutes: July 2, 1958, Budget (1958-59), Transfer of funds from Bank of America to Security Bank, Irrigation Districts Officers Association meeting, Correspondence, Other pertinent matters. President of the Board of Directors CAIUSBAD MUNICIPAL WATER DISTRICT DIRECTORS : Billy C. Fry, President Max 0. Ewald, Secretary Wesley F. Greek, Treasurer Allan 0. Kelly, Vice-president Mac Carnohan, Director cc! P. S. Swirsky Boyle Engineering (SEAL) BOARD OF DIRECTORS Billy C. Fry, President .- e e A. Stephens Lowria Executive Secretary Allan 0. Kelly, Vice President Max 0. Ewald, Secretary William W. Rogers, Director Wesley F. Greek, Treasurer Catllsbad 3u)zicipal Water LDist%tct Telephone PA 9- I 182 P. 0. Box 265 CARLSBAD, CALIFORNIA July 15, 1958 AFFIDAVIT (IF WIZNG This is to certify that the undersigned has forwarded by United States Mail notice of special meeting sf the Board sf Directors of Carlsbad Mmicfpal Water District to be held Thmsday, July 17, 1958 at 3 :OO o*clock ted States l+k€l at the Carlsbad, California Post Wice at $;’:$’.?”: e‘’.’??# o’clock P.h, July 15, 1958, and addressed individuall$ to each Director d listed below: -. PlM. at the Carlsbad City Hall Annex. The sane was deposited in the uni- By h.Lw/ c, (.iLL/- c Title rfl a”a</~. w DIRECTORS: Billy C. Fry Max 0. Ewald Allan 0. Kelly Wesley F. Greek Mac Camohan 1 ,, 8 ’ ~ ~/