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HomeMy WebLinkAbout1960-04-26; Municipal Water District; MinutesMINUTES OF AN AJlJOURNED REGULAR MEETING OF BOW OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT HELD APRIL 26, 1960 AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIFQRD President Kelly called the meeting to order at 2:OO P.M. with Directors Carnohan, Coe Greek and Maerkle answering roll call. Attorney Swirsky, Engineer Short, Mr. Harry Pric Mr. Otis E. Vanderburg, Mr. Carroll Kelly, Mr. Frank DeVore of San Diego Gas and Electri Co., Mr. R. E. McGinnis, Attorney, Mr. Clyde Jenkins, City Engineer, Mr. Paul Eckes, Mr. Graham Kelly, Mr. Horace Kelly and office secretary were also present. The President then announced that the notice of adjournment of the adjourned regular meeting of April 20, 1960, to this date, as required by Section 54955, Government Code, State of California, had been duly posted and the affidavit of said posting was to be made a part of the records of the district. Continuation - The President then announced that this was the time and place for Hearing Improvement continuation of hearing on formation of Improvement District #3. The attorney stated there were a couple pieces of correspondence and in due order they should be heard, and if there wasadditional testimony the Board might consider that. The attorney said there was an additional request for exclusion as per letter dated April 26, 1960 from Otis E. Vanderburg who is also present here, stating to the Board : "1. It is requested that the below described property be excluded from the proposed I District No. 3 Water Improvement District No. Three (3). ALL LYING ELY OF R.S.925 & WLY OF A LI D.A.F. BEG AT MOST SLY COR OF LOT 6 SEC 32 TH N 32O 30' )?, ALG ELY LI OF SD SEC 1567. 50 FT TO TR P.O.B. TH N 16' 29' W TO N LI OF LOT 4 IN SD SEC IN LOTS 4 & 5. SEC 32- 11-4W. 2. I feel that inasmuch as I am now in a retail water agency, I cannot, and should not, pay a double tax." said letter was marked Exhibit 'TI". I There is also a letter from the San Diego Gas & Electric Co. stating to the Board: "The San Diego Gas & Electric Company will assume financial responsiblity for the publication cost of readvertising the boundaries of the proposed "Improvement District No. 3". The readvertisement is necessitated by virtue of the exclusion of a portion of the Encino Generating Station property from the proposed District. In this regard, it is requested that the bill be directed to the attention of the undersigned at 861 Sixth Avenue, San Diego 1, California. Thank you for your cooperation". Signed by Mr. F. W. DeVore, and dated April 25,, 1960. Said letter was marked "Exhibit I". President Kelly said the Board was ready for any further discussion or objections from the audience. There were 4 requests for exclusions-and they would be taken in their order of presentation: 1. San Diego Gas and Electric Co. 2. Paul Eckes 3. Carroll Kelly 4. Otis Vanderburg 1. San Diego Gas & Electric Co. wherein they requested that that portion of Agua Hedior Lagoon as described be excluded. They have furnished to the engineer a legal descriptic of the lagoon area proposed to be excluded, the attorney reported to the Board. The engineer stated as the attorney has reported, the San Diego Gas & Electric Co. has presented to him, two copies of a plat map and four copies of description showing the lands which they are requesting to be excluded. The attorney suggested to the Board as each request for exclusion is reviewed, if a motion could be made with reference to the request being discussed, the parties involve( would be able to leave the meeting and not have to stay through all discussions. Director Carnohan asked Mr. McGinnis and Mr. DeVore if their request for exclusion covered just the land covered by water. They replied "yes", the "mean-water line". All of the lagoon east of the railroad. I After discussion, upon motion of Director Carnohan, seconded by Director Coe, and unanimously carried, it was moved that that portion of Agua Hedionda Lagoon as describe1 in description filed with the District be excluded from the proposed Improvement Distric No. 3. Mr. McGinnis and Mr. DeVore at this time thanked the Board for their cooperation and consideration and left the meeting. 2. Mr. Paul Eckes: The attorney advised the Board Mr. Eckes hadlnot filed legal description of property he requests to be excluded, but he has stated that he would do so. Director Carnohan read Mr. Eckes letter to the Board, stating: "I hereby request the exclusion of all my land located within the city limits of Carlsb as per the map herewith enclosed from the proposed Municipal Improvement District. The City of Carlsbad has contracted to supply me with irrigation water and I have no need whatsoever for the proppsed lines that would be constructed under the Improvement District. I have a line now leading to my highest elevation and simply by putting in a tank at that point and filling it at night, I could get pressure service to my entire holdings. I . The taxes which would be involved by putting me in this District would eliminate the possibility ofhy continuing in the business which I have been in for the last forty years of growing poinsettia plants for the trade of the United States and for my custo- mers in foreign countries. By putting me out of business would mean that I would have ' break up my organization which I spent a lifetime in building up. At the time I sold my interest in the wells and my interest in the pipe line system to the City of Carlsbad, they (the-City of Carlsbad) agreed to supply my land with water. Including my land in the proposed Improvement District #3 would, under the circumstance, be entirely unfair and would create a tax problem which I simply could not handle. Therefore, I trust that you will see fit to exclude my land from this proposed Improvem District". Signed by Paul Ecke, and dated April 19, 1960. Said letter marked Exhibit Mr. Ecke was asked if all the land waswithin the City limits and he replied it was. He was then asked if all his land was under water, to which he replied it was not. He was then asked how many acres he had that did not have water and he replied between 100 and 150 acres. Mr. Ecke stated, personally if the District saw fit to exclude all but the South portion of his land hejwould not object to that being included. This is the land that does not have water, lying south of proposed airport road, plus the north, plus th southeast corner of the property. Mr. Ecke demonstrated to the Board by use of a map of proposed Improvement District.& posted on the wall, just where all his facilities and pipelines are on the land he asks to be excluded. The engineer asked Mr. Ecke that so far as the contract with the City, which was mentio~ in his letter, is concerned he had the right to use water on these lands. Just a quest: of no pipe on the south portion of his land. Mr. Ecke said he had the right to use watl on all of the land. Mr. Ecke stated he felt it was an advantage to include the south portion of his land as he hadn't spent the money yet for facilities. With reference to the portion of land he is asking for exclusion, he stated he certainly did not feel the District could show any benefit to him after he had put in all the facilities and paid for them himself. The engineer asked Mr. Ecke if he had any figure off-hand as to the relative amount of ex-sewage water he was using. He replied he was not using any ex-sewage water. He was getting water from the City well and San Luis Rey. I Director Carnohan stated he had a question he would like Mr. Ecke to answer. He said assuming for argument purposes here, the Board went along with Mr. Ecke's idea of ius t taking in around 150 acres. The Gas Go. lands lie to the north of Mr. Ecke. Later on the problem may come up that their plant may expand and need some water facilities and we would want to get through Mr. Bcke's lands, Director Carnohan asked Mr. Mr. Ecke replied his answer to this was "yes" and the District could have their attorney draw up any kind of'an agreement-to this effect and hejwould sign it. He would cooperat 100%. Director Carnohan stated he though Mr. Ecke's request had a lot .of .merit. Be had put water by one means or another on this land he requests exclusion for, paid for it him= self and did not: ask for any help, and Director Carnohan said hejcpuld see his attitude about it-- why pay for it-twice, and he believed at the moment from what ke knew about it he would consider Mr. Ecke's request a reasonable and equitable request. President Kelly at this time stated the Board has to consider the whole district, the City and everyone. They have to figure long range plans, emergency storage and every- thing else and can't give an individual special privileges unless they have a very good reasons and sometimes the Board has .to do things to benefit your property. Mr. ,Ecke asked what benefit hejwould be getting that Terramar would not get. Where was it equitable, including ,all of his land and leaving Terramar out, Graham Kelly stated he was inclined to agree very strongly with ,Mr. Ecke regarding Terrz mar and their adjoining line and in any event it didn't help any of them in proposed Improvement District ~#3 but benefited the land across the slough. Mr. Kelly said he estimated it would eliminate 20% of the expenses of the proposed District if this land was excluded. The engineer replied he thought it was important.to keep in mind the overall picture of this-project, particularly in line with-the master plan of the entire district. After lengthy discussion, upon motion of Director Greek, seconded by.Director Maerkle, and wanimously carried,. it was moved that -this matter be referred to the engineer to redesign boundaries and allow him to negotiate with Mr..Ecke on certain portions that are to be included, and obtain easements. 3. Carroll Kelly: Mr. Kelly's letter was read to the Board, stating: "I would:.Aike to have that-portion of my property, located near El Camino Real and 'yista Gay, which lies within the city limits of Carlsbad excluded from ImprQvement District No. 3, Approximately one third of this parcel of property lies within the City limits and two thirds lies in the county. I am .about to conclude a lease covering the portion within the city limits of Carlsbad with Rildan Inc. and their engineering provides a water main to serve both their holdine West of El Camino Real and that part of minejwithin the city limits. As I expect to be present at the water meeting this afternoon further discussion will then be possible''. Signed by Carroll R. Kelly, dated April 19, 1960. Ecke if we could have an easement -or right-away through his land for futuie use. I I The District engineer asked Mr..Jenkins, the City Engineer if the District did not buila dthat 10" line how would the City serve Carroll Kelly and Otis yanderburg. He replied that if'the District did not build it, eventually the City would haye to have a line. The District Engineer asked if the City -did build it, would they pay for it, or would be if they paid aspart of an improvement district. If the city built the line and charged the property owners, unless it is done under 1911 act, they would have to come upwith cash.dand their payments to the City would prpbably be higher. Mr. Kelly stated it looked to him from where he sat, as long. as .they are paying taxes tc the City .whether we go to 1911 act -or property owners pay it or City pays it, still taxed from the City only. Mr. Kelly said the point he was trying ,to make to the Board is that it isn't only the line he was concerned with. They would be paying taxes to the City from now on out whether they build the line or the City builds the line. If' .the District builds the line, he continued, theyjwould be paying,taxes in Improvement .District #3 and City hth. He said it would be cheaper to build their'own line. the property owners and if the property owners did pay f.or it what would the difference Mr. Kelly said the principle purpose of Improvement 'District $3 is for agriculture wate~ for these large areas and he felt they are in the City and closer to development when they put improvements on their property. I After discussion, upon motion of Director Carnohan, seconded by Director Greek, and nnanimously carried it was moved that these two requests for exclusion, Carroll Kelly and Otis Vanderburg, be granted and the matter referred to the Engineer to be worked out also. Mr. Kelly said he would like to go on record by saying he felt he had been treated very fairly and that every Board member had treated everyone very fairly. The City engineer stated he would like the District to give some consideration to runni stopped where these people are withdrawing their property. After discussion, upon motion of Director Carnohan, seconded by Director Greek, and unanimously carried, it was moved to continue and adjourn this hearing to 2-:00 on May 17, 1960 at which time the engineer would have the.corrected boundaries, and the Board could consider adoption of a Resolution of intention to change the boundaries of the Improvement District. Squires President Kelly asked the Board if they would like to authorize someone to go Dam Site in and build this proposed road on Squires Dam Site. He said he had talked t Dan Wiegand's son as they are doing some road work in that area for Dr. Pace, and he thought it could be done in 10 hours at $16.00 an hour, which would put a road there for $160.00, or even if it ran into $200.00, it would be well worth it. The Board agreed on this and President Kelly was authorized to go ahead with it. a line partly down El Camino Real. The District engineer stated the line would be I The attorney advised the Board that he had talked to Mr. Dawson on the telephone at a letter from the Board proposing what they plan to do. The attorney said he got the impression Mr. Dawson was looking for a consideration. However, the attorney said he wouldn't suggest doing the core drilling withoutjsomething in writing and he would sugg the Board offer some cash consideration in the letter. The engineer was asked if the survey, core drilling, etc., could be completed in 30 day He replied he doubted it. Assuming that the whole thing proved to be satisfactory, he thought the District shouuld allow 60 days instead of 30 days. First, have to strip an core drill and assuming that works out okay, you.then have to determine where you are going to get the proper material to build the dam. You have to have impervious materia for the dam core which is usually clay. It has to be tight but relatively stable. After discussion, upon motion of Director Carnohan, seconded by Director Greek, and un- animously carried, it was moved that the attorney would write the Dawson's asking for ' permission to core drill and offer~$500.00,hake feasibility test, build road and sume for a period of 90 days, to apply on the purchase price. 12:30 just before this meeting regarding survey work and core drilling, Mr. Dawson wan I The engineer said as requested by the Board, he hadjcome up with some kind of an estima for this work. The core drilling and cutting would run around $4,000.00. Actual field survey between $2,000.00 and $3,000.00. Aerial topography survey would run around $1,000.00 or $1,5000.00. Employee's Honesty Figures were presented to the Board for a $50,000.00 coverage plan B 1 anke t Bond instead of a $100,000.00 coverage plan: It was agreed to take the surance Broker to see what this coverage was. Western Metal Director Maerkle advised the Board the he and Director Carnohan had in- to therp, and it definitely has a couple of spots of rust. We will have $50,000.00 plan but the attorney was ,requested to check with the In Supply spected the hoist we purchased from Western Metal Supply and later retur to take it back because it cannot be-sold for a new hoist and Western Metal Supply will not accept it. This brought up the discussion of purchase orders and the procedure of ordering materia in the past, Director Maerkle said he thought a limit should be set on purchase made without first getting Board approval. The engineer stated this was relatively common practice in other districs, except in the case of emergencies, then your superintendent has to have the authority to do whatever is necessary. After discussion, upon motion of Director Carnohan, seconded by Director Maerkle, and unanimously carried, it was moved to set a limit of $50.00 for purchases -to be made without Board approval, except in cases of emergency. the superintendent will have to us his own judgment. Also, on connection accounts where the consumer has put-the money up the superintendent is free to order for that service connection, but not to exceed money cm deposit. Western Metal Supply inyoice was approved for payment the 10th. of May, 1960 . Other The attorney advised the Board he had talked with Mr. Deyore of the San Diego Business Gas and Electric Co. regarding installation of power pole and guy -wires for Resolution from us. They don% want the money. Mr. Deyore said he would check into it but in any event the money would not have to be paid unless the line should have to be changed. Director Maerkle advisedthe Board he planned to attend the Irrigation District's conven tion at Yosemite. I the chlorination station and he had advised the attorney they would want a The meeting pas decked adjourned at 4:58 'P.M. SBAD Mu,NIcII?AL WATER D ATTEST : J. /~&&&&( /.( .'. 3 , 6 *< Secretary of the Board of Directors CARLSBqD MrnCIPAI, mTFR p1sTRIm I I