HomeMy WebLinkAbout1962-07-03; Municipal Water District; MinutesMINUTES OF A lU3GULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT HELD ON JULY 3, 1962 AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD,
CALIFORNIA .,
The meeting was called to order at 2:02 P.M. by Vice-president Carnohan, with Direct
Coe and Greek answering roll call. Absent: Directors Kelly and Maerkle. Also pres
were Acting Manager Kubota, Engineer Clayton, Legal Counsel Smith (2:06 P.M.) and Of
Secretary. Property owndrs from the proposed improvement districts were also presen
for the public hearing. (See attached list.)
Hearing - Proposed Acting Manager Kubota gave a brief resume of the events which
Sewer Improvement have led up to the formation of these improvement districts an
District No. U-5 explained that the District has come up with this plan which i
which covers sewer improvements for the lands tributary to the Canyon de las Encinas
Vice-president Carnohan then announced that this was the time and place for the hear
on the formation of Improvement District No. U-5.
Legal Counsel presented an Affidavit of Publication from the Carlsbad Journal certif
that Resolution No. 157 of the Board of Directors of the Carlsbad Municipal Water
District calling this hearing was duly published in the Carlsbad Journal on June 14,
1962, and June 21, 1962. This document was entered in the records and marked as
Exhibit "A". Said resolution was then read in full by Vice-president Carnohan.
An Affidavit of Posting was presented by the Secretary, executed by Richard R. Coe a
Thomas H. Tucker, stating they posted on June 18, 1962, in six different places with
No. 157. Said document was marked as Exhibit "B".
The Secretary then presented an Affidavit of Mailing, certifying that notices had be
mailed to all property owners whose names appear on the last equalized county assess
ment roll. This document was ordered filed as Exhibit "C" .
Engineer Clayton was sworn in by the Legal Counsel, after which he recited the follo
testimony on the proposed improvement district:
The Engineer introduced a map as being the map of the proposed Improvement District
No. U-5, together with a copy of the boundary descriptions. Said map and legal
descriptions were marked as Exhibit "D".
He then pointed out the boundaries of the district on the map which was displayed an
stated that District U-5 embraces all of the land tributary to Encinas Canyon and go
back to El Camino Real at about the intersection of Encinitas Road. The district
includes approximately 2,000 acres and the boundaries were drawn using property line
in setting the boundaries of the District. He stated that the plan was designed to provide a trunk collecting sewer running up the valley to service those lands, and
terminating at a point where the Carlsbad-Vista Group plans to build the sewage trea
ment plant. The idea behind the proposal presented is to authorize bonds in sufficic
amounts to (1) build trunk line in the sewer service area involved, and (2) to be in
position to participate in the construction of the sewage treatment facilities. The
estimated cost of the trunk facilities has been set at $129,000, with contingencies
and incidentals of $31,000 for a total estimated construction cost of the trunk line
facilities of $160,000. In addition, it has been estimated that the pro-rated cost
reserve capacity in the treatment plant at this time would be approximately $240,000
The sum consideration estimated and recommended bond issue is in the total amount of
$400,000. The Engineer then made the following statement: "I am familiar with the
Carlsbad Municipal Water District as a whole and I am familiar with the proposed
Improvement District No. U-5, and with the proposed improvements and with the costs
same, and I believe that the properties within the proposed improvement district wou
benefit from the facilities proposed to be constructed."
It was then announced that the Board would hear and receive any protests on the
farmation of this district.
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proposed for the area to be known as Improvement District No.
the boundaries of proposed Improvement District No, U-5, copies of the Resolution
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Correspondence was introduced from the following:
A letter from the Atchison, Topeka and Santa Fe Railroad, dated July 2, 1962, reques
the exclusion of their property from this proposed district due to the fact that the
would be no benefit derived for their property. Mr. E. A. Shelton was present in th
audience representing this agency.
Mr. Roger De Young requested a letter from Frank H. Ayres and Son, under date of
May 17, 1962, be also introduced as a protest in these proceedings. He inquired as
to what portion of the Ayres property is included in the boundaries of the district,
and was advised that a small parcel was included which is tributary to the Encinas
Canyon.
Mr. Stanley Kelly informed the Board that he has property on the airport side of the
mesa and he would like to have it included in District U-5 rather than District 6
since it drains into the Canyon de las Encinas, and if included in the other distric
would involve a 400 foot pump up. He also suggested that no property be included
without it being within a certain distance of a sewer lateral. Be urged that the
sewer laterals from the main trunk line be also included in this sewer program so th
it will not be necessary to come back at a later date and re-bond the properties for
these improvements.
The Engineer explained that the proposed line was designed to follow a drainage chan
and is primarily an intercepter sewer to pick up collection lines.
Mrs. Marjorie Borsum asked if the property owners want to put in other laterals will
be possible to work out something.
Mr. Stanley Kelly stressed the importance of an equitable service area and suggested
that a plan along that used on the water main construction be used, with perhaps one
outlet a each property owner's highest point.
1 Engineer Clayton explained that the plan was designed for a main line, and if other
laterals are to be included, we are talking about a different concept.
The Attorney advised the Board that they could not proceed with any enlargement of tl
plan, but if they would like to proceed on the subject, would close the present
proceedings, as the Board cannot go beyond the authorization.
In recording the percentages of protests, the sum of $15,370.00 was included for Ranl
La Costa, and $330.00 for the Santa Fe Railroad, plus the value assessed by the Stat1
Board of Equalization.
Mr. Irwin Kelly stated he agreed that ultimately the District should put in the late,
and get some more engineering information on the project.
Engineer Clayton stressed the fact that if the monies were authorized for the other
lines that the District could pace the sale of the bonds and construction with the
development of the land and that the lines could be subject to change as the pattern
development may dictate locations.
Mr. Graham Kelly suggested taking in the area west of the district along the south 1
of 'Lot P and enlarge the line to service the 250 acres on the mesa.
The Engineer suggested that if the Board should decide to put together another progr;
for this area that in addition .to making a study, they would get together with a
committee of the property owners of the area and work out a program which is practic;
and then when it comes to a hearing, they would then have a program to present.
Legal Counsel pointed out that an improvement district could be formed for the purpo:
of study and taxes could be levied for this purpose, since the monies are now advancc
from the general fund.
Mr. Stanley Kelly offered to take the map and work out additional service lateral
locations which would more directly benefit all of the property owners in the area.
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. The Manager pointed out that considering the views and comments from the property
owners it appears that they would like more information and additional details on
the project. He stated that notices had been forwarded to fifty property owners and
that a large number of them are not present, including Max Len who represents
approximately 700 acres. Mr. Lyle Bonn and Mr. Stanley Kelly stated they had talked
with Mr. Len and he is very anxious to do something with sewer.
In discussing plans for additional studies on this program, the Board indicated thei
reluctance to expend funds from the General Fund for the benefit of a certain area.
although the funds could be recovered from the bond proceeds, if the district is
formed .
Graham Kelly pointed out the problem of getting individual easements out to the main
1 ine .
Mr. Dan Wiegand asked if the property owners who are some distance from the main 1inc
are going to be taxed the same as those on the main line. He was advised that the
tax levy would be the same but that perhaps there would have to be a special frontagl
' assessment for properties receiving direct benefit which could be used in the con-
struction of lines to the outlying areas.
A show of hands by the property owners present was requested by the Chairman as
indicating which property owners wished to drop this proposed plan and adopt a new program for the area, A unanimous response was shown,
After discussion, upon motion by Director Coe, seconded by Director Greek, and
unanimously carried, it was moved that the Board drop the proceedings on proposed
Sewer Improvement District No. U-5.
The hearing was declared closed at 3:40 P.M.
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Hearing Vice-president Carnohan inquired if the property owners present for
Proposed Sewer the hearing on Improvement District No. 6 have the same feelings ab
Improvement the plan as presented, and invited their comments rather than going
District No. 6 thru the formalities of a public hearing.
Mr. Arthur Lewis stated that he believes it would be best to postpone the matter unt:
a more complete study can be made.
~ The Engineer gave a brief description of the area included in the proposed distrct a]
~ a summary of the lines proposed and the costs involved,
~ Mrs. Jay Hoffman inquired as to which portion of their land in included in the distr:
i since they were notified of the hearing. It was explained that about a half-acre
~ parcel is all that is included as their property lies within the corporate limits of
~ the City of Carlsbad.
' Mr. Graham Kelly and Mr. Irwin Kelly again stated their desire to be included in the
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~ After further discussion, upon motion of Director Coe, seconded by Director Greek, a1
~ unanimously carried, it was moved that, because of the views and comments of the i
~ property owners in the area that the District not carry out any further action toward
~ the formation of Improvement District No. 6.
~ Mrs. Marjorie Borsum asked that the Board think of the program as being tabled as all
' of the property owners want sewers and do not want to be taken into the City of
~ Carlsbad.
U-5 District for their mesa land.
I: The Board agreed to leave the matter open for further discussion, if the property
owners so desire.
Reports of Legal Counsel:
The'Legal Counsel informed the Board that he has requested an answer on the Lewis
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' condemnation proceedings before July 17, 1962.
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He then called the Board's attention to a series of uncompleted easements which he i;
now working on and requested that the Board take action to accept these easements.
After discussion, upon motion by Director Greek, seconded by Director Coe, and
unanimously carried, it was moved that the District accept all of the properties whi4
can be obtained where pipelines and reservoirs are installed in I.D. No. 2, I.D. No.
and I.D. No. 4, and accept all of the deeds and easements covering same.
Director Carnohan requested that the Attorney check out and follow through on the
following matters; the Bauer delinquent account, the Vista Brick delinquent account,
and reimbursement on the Aguirre accident.
Squires Dam:
Construction Letter was presented from R. E. Melbourne, dated 3une 30, 1962, reque:
Program ing that he be granted an extension of contract time equal to the
elapsed time from June 22nd until he is able to have an effective labc
force on the job. The Manager explained that the shut-down on the job is due to a
labor dispute and at the present time there is no indication as to how soon it will 1
settled. After discussion, the Board instructed the Manager to acknowledge the lettc
and the matter will be taken under advisement.
Chlorination The Manager informed the Board that because of the re-design of the
Station Squires Dam Chlorination Station, which will require additional power
load, the San Diego Gas and Electric Company have notified the Distric , that this extension can be put in with no cost to the District and have returned the
contracts and our check in the amount of $63.00. A new contract has been submitted
the servicing of the Chlorination Station with electrical power for three years, whil
the Manager recommended that the Board authorize. After discussion, upon motion by
~ Director Coe, seconded by Director Greek, and unanimously carried, it was moved that
Board authorize the execution of this contract for the purchase of three years of
electrical service with the San Diego Gas and Electric Company.
I: 1 The Manager reported that the District has still been unable to obtain the easement
i Mr. Caldwell for the electrical power to the Unit "B" Pumping Station in I .D. No. 3.
' After discussion, the Board instructed the Attorney to prepare a letter on the matte]
to be submitted to the Public Utility Commission, with a copy to the San Diego Gas ax
Electric Company, in an attempt to expedite this matter.
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Squires Dam The Manager informed the Board that a request has been made by Mr.
Progress Melbourne for an advance payment on Progress Payment No. 7. Based 01
Payment No. 7 the work completed thru June, there would be net earnings of $24,000
but until these figures are checked out, he recommended the advance
be not more than $18,000.00. After discussion, upon motion by Director Coe, secondec
by Director Greek, and unanimously carried, it was moved that the Board authorize an
advance payment to R. E. Melbourne on Progress Payment No. 7 in the amount of
$18,000.00.
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The Manager presented a statement from Boyle Engineering in the amount of $1,073.00,
less $77.00, for a net amount due of $996.00 for the construction survey to determinc
the amount of stripping that the Contractor has completed on the dam. He explained i
~ under the terms of the contract, if the contractor feels that he has excavated more '
three feet, then he has the option to have a survey made to determine the exact amou~
~ A meeting was held with the Contractor and the Engineer to resolve the matter but at
this point we still have not determined who is responsible for the charge for the
survey. If, in the final analysis, the Contractor has stripped more than the three f
~ the District would assume the charge, but if he has stripped less than the three feet
~ he would bear the charge. No decision has been reached, but the Contractor feels he
has more coming and he wanted to consider it further as to what his rights are. The
~ Board deferred the matter until additional information in obtained.
Due to the lateness of the hour and the uncompleted agenda, the meeting was declared
adjourned at 4:55 P.M. until Friday, July 6, 1962, at 2:OO P.M.
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A President of the Board of Directors -/EL2?&~.J P p. e"
~ Secretary of the'Board of Directors
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