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HomeMy WebLinkAbout1962-07-17; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOW OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT HELD ON JULY 17, 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 Maerkle answering roll aall. Absent: Directors Kelly and Greek. Also pres were Acting Manager Kubota, Engineer Clayton, Legal Counsel Smith (2:06 P.M.) , Mr. B. Ditsworth from Boyle Engineering, Ken Wineberg representing the Blade-Tribune, an' Office Secretary. Property owners present were Mr. Stanley Kelly, Mrs. M. Borsum and Mrs. Eliza Kelly. 1 Upon motion of Director Maerkle, seconded by Director Coe, and unanimously carried, was moved that the minutes of the regular meeting of June 5, 1962, adjourned meeting of June 6, 1962, and regular meeting of June 19, 1962, be approved as mailed out by the Secretary. Reports of Engineer: Squires Dam Engineer Clayton reported that the plans and specifications have been Chlorination completed for the Squires Dam Chlorination Station. The District Station Manager and Superintendent have been working very closely with their firm on this design and if there are any changes they would involve minor details. It was his recommendation that the Board accept the plans subject to modifications requested by the Manager. In preparing the bid material they have allowed for com- pletion in 105 calendar days, which he stated he felt was a reasonable time for the construction, with bids to be received up to 2:OO P.M. on August 21, 1962. After discussion, upon motion by Director Coe, seconded by Director Maerkle, and unanimous carried, it was moved that the Board accept the Plans and Specifications for the Squires Dam Chlorination Station, subject to any modifications which our District Manager might request, and approval by the Attorney of the contract documents. An official estimate by the Engineer was presented in the amount of $28,500.00 for the building and equipment for this project. Santa Fe The Engineer reported that they have completed their investigation on the Tank corrosion problem at the Santa Fe Tank and, after consultations and field inspections with several outstanding men in this field, they have reached the basic conclusion that the problem is due to the reaction of the aluminum in the pre-stressed splices with the concrete. It was his recommendation that the District continue to do what has been done on the areas, knock out the concrete, clean up the aluminum and prime it with a good coat of paint, and then put back a plaster coat of concrete. A report submitted by Mr. Gordon Scott, Consultant on Prestressed Tanks, was left with the Board for their review. The Engineer stated he did not feel that as far as the structural integrity of the tank, the District should not be in any trouble, but this condition would require a maintenance program on the splices. I Sewer District Mr. Stanley Kelly and Mrs. Marjorie Borsum were present to discuss NO. U-5 the sewer program for the Las Encinas Canyon. The Attorney informec District U-5 since action was taken to drop the proceedings. He pointed out it woulc be possible to adopt a motion to publish notice of their intent to recind their priol action and they could then undertake the proceedings, but he felt it would assure mol secure proceedings to start over. Mr. Stanley Kelly presented a map of the area showing the revised boundaries on the North and locations of laterals which would more directly benefit all of the propertJ owners of the area. He informed the Board that he had contacted a number of the property owners and they are in favor of the map as presented and he had obtained their signatures indicating their acceptance. The Board stated their reluctance to expend additional funds on the program for the benefit of one particular area of the District and inquired of the Engineer what: a study on this proposal would involve. He informed the Board the study would involve perhaps $200.00 to $300 .OO. It was suggested that since there are a number of other property owners in the area who have not attended the meetings on the sewer program, that perhaps notices could be forwarded to them outlining the program, with a map showing the area and individua properties involved. the Board that he did not feel that legally they could proceed on A recess was called at 2:35 P.M. and the meeting was resumed at 30.00 P.M. After further discussion on the sewer program, upon motion by Director Maerkle, seconded by Director Coe , and unanimously carried , it was moved that the Board auth- orize the Engineer to prepare a new boundary map and a rough estimate on this new program, and that a letter, along with a map to be prepared by Boyle Engineering, be forwarded to the property owners, giving notice of a meeting to be held on this matter to get the views of the property owners. The Manager called attention bo the minutes of the North County Area Sewerage Group which include information regarding Buena's plans to schedule an election for their sewer program in early October which would involve a bond issue in the amount of $2,000,000 to $2,500,000. Reports of Legal Counsel: Legal Counsel reported he had talked with a representative of the San Diego Whole- salemen's Credit Association regarding the delinquent account for the Vista Brick Company and basically they are holding any funds for the benefit of all creditors and he was not optimistic on any immediate payment. The sale of the brick on hand or the plant is doubtful at this time because the capacity for brick production in this area is greater than the market. After discussion, it was agreed to wait and see what further action is taken by the Credit Association. In regard to the delinquent account of Harold Bauer, dba Fairacre Farms, the Attorne: informed the Board that he has re-done the lawsuit and it has been filed against Harold Bauer, Jr. and the Nagouchi Brothers. Annexation of The Attorney reported he has prepared an informal request for Squires Dam Site exclusion to be submitted to the Buena County Water District. If they will agree to exclude this area, then simultaneously it will be taken into the Carlsbad Municipal Water District, after which the District must then in turn submit an informal request to the San Diego Water Authority. He cautio: that all proceedings must be completed on schedule because of the complications whici could arise which might place the District in a position of being excluded from the Metropolitan Water District. A Letter has been forwarded to the Public Utility Commission setting forth our compl: that the San Diego Gas and Electric Company has refused to serve our property where Line "B" Pumping Station is located. No reply has been received from the Commission, a letter has been received from the San Diego Gas and Electric Company opposing our action in the matter . San Marcos County Legal Counsel informed the Board that in his preliminary investi- Water District . gation of the contract between the San Marcos County Water Distr: Contract Review and the District it appears that the Board might have some right: under this contract. He recommended that the Board retain anothc attorney to handle this case as it would involve considerable time. He informed the Board that he has talked to another attorney who has experience in some related matte and has suggested that he submit a proposal for his services for a factual and legal investigation on this matter. By common consent the Board agreed to consider such a proposal. Aguirre The Legal Counsel informed the Board that he has no information on the Accident Aguirre accident and will obtain an accident report from the State Highwaj 1 I Patrol off ice. I Legal The Attorney informed the Board that he has received a call from Proceedings Mr. Hodgeman of O'Melveny and Myers regarding their fee for the legal I .D . U-5 and proceedings on I .D . U-5 and I .D . No. 6. They realize that the terms I.D. No. 6 outlined in their letter of employment were so worded that no fee woul be payable since the districts were not formed. The Attorney pointed out that the Board has no legal obligation to p,ay a fee, but it would seem as though they would have earned 3/4ths of their minimum fee. After discussion, it was agreed that the Attorney should contact O'Melveny and Myers and request that they submit a bill for their services and the Board will consider the matter at that time. Squires Dam: Construction The Manager reported that the labor strike was settled last Tuesday Program and that work on the dam commenced on Wednesday, July 11. I Borrow The Attorney reported that he is continuing negotiations with the Dawsons Area for a borrow area on their property and that the last draft specifies a fee of 10c per cu. yd., and with minor changes might Surfice. The Manager informed the Board that in response to a telephone call from Mrs. Dawson yesterday, he went out to the ranch to look over the lands. She is still concerned about the restoration of the area and the depth required to obtain the material. As she plans to be out of the country, she has conferred with Mr. Miner of the Soil Conservation Service and has asked the Board to consider that the entire matter of restoration be left up to him. After discussion, upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that the Attorney be authorized to modify the contract for the borrow area for core material and that the President, or Vice President, be authorized to sign the contract at such time as it is approved by the Attorney and Manager. Annexation The Manager reported he had talked with Mr. Slater regarding the Squires Dam annexation which will bring our Squires Dam site into the City of Site Carlsbad and provide police protection as we have had another act of vandalism at the Dam. Progress Payment No. 7 A. total summary of work completed during the month of June in the amount of $172 , 747.25 was submitted by the Manager. This amount, less the 10% retention, less previous amounts paid, would leave a net earnings of $23,915.54, and with the deduction of the advance payment of $18,000.00, leaves a net amount payable of $5,915.54. After discussion, upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that the District pay the balance due the Contractor on Progress Payment No. 7, a net amount of $5 , 915.54. I Water Rights The Manager reported another communication has been received from the Permit State Water Rights Board concerning our application. After discussiox the Manager was instructed to forward another letter .to the agency pointing out that the scope of the project does not warrant the fee requested and the proceedings which we have carried thru to date. City of Carlsbad Plans submitted by the City of Carlsbad for the Palomar Airport Palomar Airport Road connection were reviewed by the Board. After discussion, Road Connection upon motion by Director Coe, seconded by Director Maerkle, and unanimously carried, it was moved that the Board approve the plans as submitted and authorize this connection, subject to the requirements of the District's Ordinance and the filing of a formal application. Discussion was held on the Flood Control District Plan which has been compiled by thl County of San Diego. Upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that the Board go on record as being opposed to this plan and that a letter be forwarded by the Legal Counsel to the Board of Super- visors stating the Board's position. Announcement was made of an invitation from Mr. Hans Doe, President of the Agua Buena Soil Conservation District, for Board members to attend the ground-breaking ceremonies for the start of the Flood Control Project at Buena Creek at 4:OO P.M., July 18, 1962. A communication has been received from the Metropolitan Water District requesting the Board's desire as to the collection of the taxes for the Metropolitan Water I District. After discussion, it was the Board's decision that the method of collectic remain the same with the Metropolitan rate being collected directly by that agency. La Costa Beach' The Manager informed the Board that Ranger Johnson from the La Cost: Water Billing State Beach was in to discuss the water billing on the State Trailel we are counting the trailers on hand as of the meter reading date and applying a $2.( fee for each trailer, plus the water consumption of the meter. The Ranger feels thai the billings for the park are high and would like to know whether or not the Board would consider looking into the matter and provide some relief. The matter was discussed briefly and the Board agreed to take it under advisement. Park. Under our current system, in accordance with the Ordinance, An invoice in the amount of $1,108.60, covering legal services in excess of the monthly retainer, for the period January 1, 1962, thru June 30, 1962, was presented by the Attorney for payment. Director Carnohan inquired as to the status of the Attorney and whether Paul Swirsky, who previously served as Legal Counsel would be assuming the duties at a later date. Attorney Smith informed the Board that since assuming his duties at the Tri-Cities Savings and Loan Mr. Swirsky has given up the bulk of his practice with the exception of the Hospital Board and some clients whose work he can handle during his off hours. He explained that Mr. Swirsky does not plan to assume the duties for the District and that he, Mr. Smith, will be servi I as the District's Legal Counsel. Capron Condemnation In regard to the Capron Easement, the Legal Counsel reported h Suit -- I .D. NO. 2 is checking out the condemnation proceedins with the County Office and-that Mr. Roberts, Mr. Capron's Attorney, has asked that we relay to him the offers which were made on these prior negotiations. He informed the Board that due to the time which has lapsed since the proceedings were instituted on the Lewis and Capron properties, that he feels there should be a current appraisal made on both properties, by an appraiser who could be used for testimony should the District be required to go to condemnation proceedings. After discussion, the Board Agreed that the Attorney should contact an appraiser to submit a proposal on the Capron property, and to contact Mr. Sedan, the appraiser who handled the Lewis appraisal, to see if he would be williag to up-date that informatic After discussion, upon motion by Director Coe, seconded by Director Maerkle, and unanimously carried, it was moved that the bill submitted by the Attorney, in the amount of $1,108.60, be paid, with the recommendation that his excess time be sub- mitted on a monthly basis. The invoice covering the survey on Squires Dam, which was requested by the Contract0 was again discussed, The Manager explained that there is still a basic disagreement with the Contractor as to how to compute the quantities of the earthwork and it has not been determined whether the Contractor or the District is liable for the cost, 0' whether it will be divided in some way. After discussion, upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that the District pay Boyle Engineering the amount of $996.00 for this survey but that the Manager be sure to hold it out of the Contractor's payments until it has been deter- mined whose obligation this charge is. The Manager presented for payment Invoice No. 1128, in the amount of $1,403.25, from Benton Engineering covering inspection services performed during the month of June. After discussion, upon motion by Director Coe, seconded by Director Maerkle, and unanimously carried, it was moved that the District pay Benton Engineering for these services in the amount of $1,403.25. An invoice from Boyle Engineering in the amount of $1,710.00 was presented for payment, as a progress payment for the Squires Dam Chlorination Station plans. Afte: discussion, upon motion by Director Coe, seconded by Director Maerkle, and unanimous: I carried, it was moved that payment be made to Boyle Engineering for this progress payment in the amount of $1,710.00. . The meeting was declared adjourned at 5:35 P .M. I/' dL..L4LL&( k.. & Secretary of the Board of Directors