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HomeMy WebLinkAbout1962-09-04; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE; BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT HELD ON SEPTEMBER 4, 1962 AT 2698 STATE STREET, CARLSBAD, CALIFORNIA, AT 2:OO President Kelly called the meeting to orderat 2:04 P.M. with Directors Carnohan, Coe, Greek and Maerkle answering roll call. Also present were Acting Manager Kubota, Legal Counsel Smith, Engineer Clayton and Office Secretary. Upon motion of Director Carnohan, seconded by Director Maerkle, and unanimously carriec minutes were approved for the regular meeting of August 7, 1962, and August 21, 1962, and Special Meeting of August 17, 1962. Reports of Legal Counsel: Delinquent Legal Counsel reported that the suit has been served on the Bauer Account -- Bauer delinquent water account as of July 20, 1962, and the defendants I have 30 days to declare default . Mr. Bauer , Sr . was in to the Attorn1 office for a conference and brought up the possibility of an offer of an assignment on proceeds from the farming venture with Dr. Blafr Pace. After discussion, it was the decision of the Board that the Legal Counsel should proceed with the suit for collectir of this account as scheduled. I Capron Easemen In regard to the Capron easement, Legal Counsel informed the Board that 1 researching the matter the only file he could find was OR a small parcel containing 1/20th of an acre for the lochtion of the Chlorination Station at the Santa Fe Reservoir. A request for an offer of settlement has been received from Mr. Capron': Attorney. An amount of $200.00 is ROW on deposit #dth the Court which is the value placed on the parcel by Mr. Sedan on an informal type appraisal, After discussion, up( motion by Director Coe, seconded by Director Greek, and unanimously carried, it was mol that the District propose an amount of $250.00 as an offer 6f settlement for the 1/20tl of an acre. The "egal Counsel will review the minutes and right of way proceedings to ascertain if another parcel of land owned by Mr. Capron is also invijlved in the I.D. Nc project. .t seems to be some question as to which piece of property is involved. In Lyman Legal Counsel informed the Board that the District has been asked to ass; Line in obtaining an easement from Mr. William Savage for the "Lyman Line". 1 request concerns an easement which was originally obtained from Mr. Lymar the property was sold to Mr. Savage before the easement was recorded by the District. Funds due on a reimbursement contract covering this line have been withheld from Frank Ayres and Son pending the recordation of the easement from Mr. Savage. The firm would like to have the District assist in resolving':.the matter as they obtained the original easement from Mr. Lyman, as required, but the District did not complete the recordatior After discussion, it was the Board's opinion that the responsibility for obtaining this easement from Mr. Savage should be with the Ayres firm. Reports of Engineer: Chlorination The Engineer reported that the bids on the Chlorination Station for Station -- Squires Squires Dam have been checked and the low bid was submitted by Dam Shelstead Brothers for an amount of $26,946.00, with the:.next low He called attention to the fact that the second lowest bidder had made inquiry as to th bid submitted by Lusardi Brothers of Vista with a bid of $27,500.00 licensing requirement Sor Shelstead Brothers at the bid opening and the State Licensing Board was contacted on the matter and a copy of the reply from the State has been received by the District. The letter, stating that the firm of Shelstead Brothers is properly licensed and qualified to perform the construction of this project, was read in full to the Board. The Engineer also pointed out that Shelstead Brothers did submit with their bid a reque for a 10-day allowance in contract time for delivery on metering equipment. It was his recommendation that the Board disclose it as an irregularity in bid and award the contract as advertised, with the understanding that the District would work out an arrangement in regard to this equipment delivery. I Resolution After discussion, the Legal Counsel read a RESOLUTION OF THE BOARD OF No. 160 DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT WAIVING INFORMALITY CHLORINATION STATION FOR IMPROVEMENT DISTRICT NO. 4 OF CARLSBAD MUNICIPAL WATER DISTRI( On motion of Director Carnohan, seconded by Director Greek, Resolution No. 160 was adopted by the following vote : IN BID AND AWARDING CONTRACT FOR CONSTRUCTION OF THE SQUIRES DAM I AYES: Directors: Kelly, Carnohan, Coe, Greek, Maerkle NOES : Directors : None ABSENT : Directors : None Squires Dam: The Manager reported that arrangements have been completed for obtaining the core mate from the Dawson property and the drift fence has been built. The second phase of the piezometer system has been installed, the Manager reported, an1 a billing for the second phase in the amount of $1500.00 has been submitted by Mr. Wah He pointed out that the State is concerned about the internal conditions during the construction period and have requested that the District complete the installation and placing into service of the two piezometer systems. After discussion, it was the Board's decision that payment on the invoice should be held up until this phase' has been completed. Zoning The Manager reported that a public hearing has been scheduled by the Cit of Carlsbad on zoning for their recent Annexation 2.2 and it is anticipa that the Squires Dam area will be zoned under a conditional use permit. The Secretary of the Planning Commission has submitted some language which will be reviewed by the Attorney before the pub.lic hearing. I Sewerage The Engineer presented a map showing the boundaries and the improvements Program to be constructed for proposed Sewerage District Nca U-7. He explained that basically it includes the areas of I.D. No. U-5 and No. 6 with some changes as follows: Basically excludes the Tootsie 'X" Ranch, includes the Carrillo property sold to the Hawaiian Group, excludes the Lewis property and the Robertson-Re1 property and also excludes some property between the Encinas Canyon and Batiquitos Lag He described the improvements to be constructed as a primary line up the Agua Hedionda basin, another collection line up the Macareo Canyon and a primary line up Encinas Canyon. He pointed out that the criteria used was to get a pipeline within 1/4 mile of each property owner and that the general boundaries are in accord with the wishes of the Committee which was set up to study the project. The estimated cost of primary construction has been budgeted at $380,000.00, with participation in the Joint-Venture facilities at $870,000.00, for a total estimated bond issue of $1,250,000.00. With the project coverning approximately 4,850 acres, the cost involved per acre is estimated a $258.00. President Kelly reported that the committee met and went over the entire boundaries and that they did contact all of the property owners who wished to be included in the District, Legal Counsel informed the Board that in regard to the schedule for formation of this new district, the resolution could be adopted on the meeting date of September 18, 196 and after legal advertising on the hearing, it could be held on October 16, 1962. If * no protests are lodged, the district could be formed at that time and the bonds author City Manager Slater and City Engineer Rathbun were present for the discussion on the sewerage program and indjuired as to whether Calavara Lake has been included in the district. The Engineer explained that the Calavara Lake area had not been included and all of the property to the west of Calavara was excluded at the property owners' request. Okty Manager Slater called attention to the fact that the matter had been I discussed by the City Council and a letter was written some time ago indicating that the City would not object to being included in this district. After further discussion, the Attorney was instructed to arrange with O'Melveny and My for their firm to submit a quotation for their services and to secure the necessary resblutions and instructions for these proceedings, I Sewerage Director Carnohan informed the Board that he had been contacted by a numl Program of property owners in the North Carlsbad area and the people of this are: North are interested in obtaining sewers through the method or means of a Carlsbad sewer improvement district in oonjunction with the Carlsbad Municipal Wa; Buena Vista Creek area and a collection line could tie into the Joint-Venture facilitic if such a plan could be worked out under the contract between Carlsbad and Vista. Ciq Manager Slater stated that he could not given an opinion on this possibility and he would have to study the agreement out a little more. Mr. Wm. L. Phillips, a N rth Carlsbad property owner, was present during this discussit and stated he feels the logical thing to do with this area is for it to come in on thi; project and he estimated that about 70% of the property owners are in favor of it. He pointed out that Carlsbad can never serve this area because of the strip of land surrounding it and he does not feel that the area will go into the City of Oceanside. After discussion, upon motion by Director Carnohan, seconded by Director Greek, and unanimously carried, it was moved that the District first determine under what terms and conditicns the Joint-Venture Group will bring this area in on this sewer program; that the Attorney and Engineer be instructed to go ahead with the project to see if we can get preliminary engineering and a rough cost estimate5after which the Engineer wil go ahead with preliminary studies and the Attorney will study the financing means. Squires Dam The Manager informed the Board that in accordance with their request a 1, has been sent to the City of Carlsbad asking.that they go ahead with the deputizing of our personnel for policing of the Squires Dam area. Additional details were also requested as to general operating procedures and the legal responsibility of District personnel, a point which was brought up at the last meeting by our Attorney. During the discussion which followed, Director Carnohan expressed concern as to the ri involved by District personnel in carrying out these duties. It was decided to defer matter until the City of Carlsbad has submitted its answer to the letter. Allan Kelly The Manager reported he is in the process of checking out the Allan Refund Agreement line which was constructed with the District furnishing the materia and Mr. Kelly obtaining an individual to complete construction of t pipeline. There are only two items which would not apply to a refund agreement, the m which was a part of the domestic service, and the installation of the risers which wou be considered a part of the individual service. There is also a question on an engine ing fee in the amount of $140.00, which will be checked out. In summary, it appears there is in order 2560 feet of 6 and 8 inch pipeline which was designed and.put in under District supervision for a total of $10,355.54, which would be the refund amount less items that are not applicable to the general project. After discussion, upon motion by Director Carnohan, seconded by Director Maerkle, and unanimously carried, it was moved that the right of way documents and a refund contract be prepared for this p and the matter be finished up to conform wfth the ordinance, with the date of the contract to be specified as the date of completion of the line in order to allow payme for the water which has already been sold .through the line. District. He explained that the North Carlsbad area drains into the I 0 Correspondence: Announcement and material has been received from the IDA regarding fall convention to held November 7 - 9 at the Hotel Coronado. Notice from San Diego County Water Authority regarding meeting of the Water Problems a Policy Committee scheduled for Thrusday, September 13, 1962, at 3:OO P.M., and advance notice of meeting of "Senate Fact'Finding Committee on Water Resourees" scheduled for October 18 and 19. Squires Dam The Manager informed the Board that R. E. Melbourne has asked that the B Progress consider an advance OR Progress Payment No. 9 for work performed during Payment the month of August, 1962, and a rough check of the work completed indic his gross earnings would be approximately $20,000.00. After discussion, upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that the Board authorize payment in the amount of $10,000.00 as an advance o Progress Payment No. 9 for work completed during August, 1962, on the assumption that the earnings total $20,000.00 when these figures are vertified. Finances : After discussion, upon motion by Director Maerkle, seconded by Director thru Check No D 5056 in the amount of $16,604 -15 s Pace-Kelly Upon motion by Di?r.?=ctor Greek, seconded by Director Maerkle, and unanimo Line carried, the Board accepted an easement for the Macario Canyon Pipeline Carnohan, and unanimously carried, the Board ratified Checks No. 5037 subject to the execution of the document by J. Blair Pace, et al. I The meeting was declared adjourned at 4:26 P.M. A.4 p. & Secretary of the Board of Directors I II