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HomeMy WebLinkAbout1962-09-18; Municipal Water District; MinutesMIMPTES OF A REGULAR MEETING (F THE BOARD OF DIRECTORS OF TJIE CARLSBAD MUNICIPAL WATER DISTRICT HELD ON SEPTEMBER 18, 1962, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIFORNIA o The meeting was called to order at 2:OO P.M. by President Kelly with Directors Carnoh: Coe, Greek and Maerkle answering roll call. Also present were Acting Manager Kubota, Legal Counsel S ith (2:06 P.M.) and Office Secretary. Mr. W. Phillips, City Manager Slater, Mrs. MaFjorie Borsum and Mr. Stanley Kelly were present for the discussion on the sewerage program. Sewerage A letter, under date of September 12, 1962, from Boyle Engineering was 3 Program in full by Secretary Coe, setting forth an estimate of costs for the se1 program for proposed Improvement District No. U-7 and a total recommendc bond issue of $1,250,000.90. This estimate of costs, and a supporting map showing the proposed boundaries, with a description of the proposed improvements to be constrt were ordered filed with the Secretary of the District. Copies of proposed Resolution No. 161, giving notice of hearing for proposed Improvemc District No. U-7 were passed to Board members for their review, after which the proposed resolution was read in full by the Legal Counsel. The Legal Counsel informec the Board that the area to be included in this district has been checked and it has been determined there are less than the 12 required registered voters and, there ore, the proceedings,mFy be completed under the uninhabited territories provision. die proceedings will be conducted without an election, and after the hearing, which 'is scheduled for October 16, 1962, the Board can in turn issue the bonds, if they so determine e Resolution After discussion, the Legal Counsel read a "RESOLUTION OF THE BOARD OF No. 161 DIRECTORSOF CARLSBAD MUNICIPAL WATER DISTRICT DECLARING THE NECESSITY FC UNINHABITED PORTION OF THE DISTRICT AND FIXING TIME AND PLACE OF HEARING AND GIVING NC OF HEARING". On motion of Director Carnohan, seconded by Director Maerkle, the said resolution numbered 161 was adopted by the following vote: I 4 INCURRING A BONDED INDEBTEDNESS TO BE PAYABLE FROM TAXES LEVIED UPON AN AYES : Directors Kelly, Carnohan, Coe, Greek, Maerkle NOES : Directors : None ABSENT: Directors : None Legal Counsel informed the Board he would like to have someone who is authorized to verify,the fact that there are not more than 12 voters in the area prior to the hearin and it was agreed that such certification would be obtained from the Registrar of Vote Off ice o Legal Counsel reported he has reviewed the Joint Powers Agreement between Vista and Carlsbad and it specifies that the area to the south of the City limits lies within the Carlsbad service area and, therefore, in turn'.:the City if given the right to contr the use of these joint facilities within their service area. Regarding the area of North Carlsbad, it does not lie in any presently committed sewer area and, therefore, could purchase capacity in the Carlsbad-Vista joint facilities only upon the joint consent of all signatories of the contract which are the City of Carlbad and Vista at apply, and would offer to sign the contract on certain terms and conditions. He also pointed out that it would first be necessary to determine whaat the sewer requirement of North Carlsbad would be and then determine whether there is any excess capacity in the line; if there is no extra capacity, would then find out what it would cost to increase the line. The contract also specifies that the member agencies of the Joint Powers Agreement shall not be unreasonable in their demands and refuse to allow other agencies to come in or to buy capacity. Director Kelly asked the Legal Counsel under what law did the Joint Powers designate tl spheres of influence. He offered the opinion that this was a way of announcing their intention on the outlying areas as to where the future boundaries of the two cities wi: Director Carnohan informed the Board that Boyle Engineering are presently working on a program for the North Carlsbad area and they have made some preliminary studies to establish the boundaries and to determine the costs and will try to have all of the information available for the next meeting. the present time a Under the contract,, however 3 North Carlsbad does have the right to 1 After discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carried, it was moved that the Board proceed on an informal study with Boyle Engineering so that the District will have an estimated cost and a preliminary engineering study on the sewering of the North Carlsbad area and bringing the line down to the point where it will tie into the Joint Ven ture sewer facblities: with the cost of this study not to exceed $400.00 maximum. Mrs. Marjorie Borsum asked that a question be clarified on proposed District No. U-7. She informed the Board that at the time of the Committee meeting it was her under- standing that there would be laterals within a reasonable distance of each property- owner and that it was only after this decision, that she called her neighboring proper owner Mr. Roesch and he decided to come in on this basis. Mr. Stanley Kelly also protested the fact that no laterals had been included as he felt the Committee had agreed on the laterazsa a No further action was taken on the matter at this time. Reports of Legal Counsel: The Legal Counsel reported that he had had a conference with officials of the Public Utilities Commission in Los Angeles regarding the easement for electric service to the I.D. No. 3 Pumping Station. At this time he was advised that there are no provisj that require the public hhility to acquire distribution easements and they are not required to condemn. They offered the following suggestions for obtaining thj electrical extension; to have the Carlsbad Municipal Water District to start proceedir or pay the money for Caldwell, or if possible, that some other route be used to get into the land. After examining a map of the area, the Board determined that the route in from the Calavara side of the property would involve approximately 330 feet more. After discussion, it was decided that the Attorney should communicate with the San Diego Gas and Electric Company and suggest that they take the other route around from I the Calavara side 66r this line. Lewis In regard to the condemnation proceedings on the Lewis land, the Legal Easement Counsel reported that the answer has been filed on the suit and the date of hearing should be coming up soon. I Capron Easement The Legal Counsel informed the Board that he had located another file I.D. No. 2 the Capron easement and that the parcel under consideration is locate I.D. No. 2. The Attorney for Mr. Capron has invited a counter-propos the matter and the Legal Counsel suggested it might be possible to have an appraiser f the District and one selected by Mr. Capron to each an agreement on a fair appraisal F rather than incurring the costs involved in a condemnation suit. He also pointed out fact that after 5 years of use you automatically acquire an easement by perscription and record ownership by perscription,and that $ince this project was completed in the fall of 1958, there would only be about another year to go, although the filing of the suit might interfere with this running of time. No action was taken on the matter at this time. The Legal Counsel informed the Board that a proposal has been submitted by O'Melveny and Myers for legal fees for the formation and issuance of bonds for proposed improveme district No. U-7. They propose to furnish services for a total fee of $3,375.OOYand i the event the district is not formed, there would be a fee payable to $1,000.00. Alon with this, they are not charging anything for the proceedings on Improvement Districts No. U-5 and No. 6. The Board was concerned with the obligation &6r the $1,000.00 fee in the event the district was not formed, and the Manager suggested that perhaps we could go ahead with the hearing and use the standard forms and procedures which were used for Improvement District No. U-5. Director Coe asked whether the District would need an opinion from O'Melveny and Myers for the hearing and the Legal Counsel advised that it would not be required. After discussion, it was agreed that the Attorney shou go ahead and handle the proceedings for the hearing without the services of O'Meheny I and Myers e Squires Ram: The Manager informed the Board that Re E ,Melbourne Company, Inc D has submitted a let te in regard to the progress on Squires Dam. He pointed out that according to our contra his completion date is actually September 24, 1962, based on a contract time of 800 calendar days. Mr. Melbourne has requested 19 calendar days for the strike, the inspection records show 14 working days lost because of rain (20 calendar days) and he has requested an additional extension of time for the core material problem of 13 calendar days D After discussion, upon motion by Director Coe, seconded by Director Maerkle, and unanimously carried, it was moved that the District grant a time extension on the Squires Dam project, until October 31, 1962, a total of 37 days to complete the contract on or before that date, and that this extension be allowed on the basis of 19 days because of strike conditions, 13 days because of core material problem, and 5 days for rain, even though the Contractor is not entitled to it under the arrangement set forth by the contract. (Director Greek was absent from the Board roon at this time.) Progress The Manager summarized Progress Payment No. 9, listing an amount Payment No. 9 of $216,272.15, for the total work completed less retention of $21,627.( Squires Dam for a tbtal net earnings to date of $194,644.94. He recommended approv: Progress Payment No. 9 for a total earnings of $18,216.54, less the advance previous12 authorized in the amount of $lO,OOO.OQ for a net payment to R. E. Melbourne of $8,216 After discussion, upon motion by Director Maerkle, seconded by Director Carnohan, and unanimously carried, it was moved that this payment be approved in the amount of $8,2: I to R, E, Melbourne Company, Inc. The Manager reported that Soils Mechanics and Foundation Engineers, Inc. representatil were at the dam last weekend and activated the units and the piezometers installed in the dam are now working. After discussion, upon motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was moved that payment be approved on Invoice No. 430, in the amount of $1500.00, to Soil Mechanics and Foundation Engineers for the installation of the second phase of the piezometer system for Squires Dam. Invoice No. 1191 from Benton Engineering, in the amount of $2,234.88, covering service performed during the month of Aggust, was recommended for payment by the Manager. He pointed out that a portion of the charges for the month of August were incurred for time spent trying to work out the core material problem which involved considerabl field and laboratory time. After discussion, upon motion by Director Maerkle, second€ by Director Coe, and unanimously carried, the Board approved payment to Benton Engine€ in the amount of $2,234.88 for services performed during the month of August, 1962. Chlorination Station The Manager informed the Board that we have finished grading out Squires Dam site with R. E. Melbourne doing the work only on Saturday and af regular hours at the dam. It was originally estimated that it co be done for a total not to exceed $500.00, but the total billing came to $1,123.55. T fact that the rough grading was to have been done by Melbourne as part of the over-all adjustment on the access road was brought up and the Manager explained that there were two things involved in the extra charges; (1) a deep revine by the site which was grad and brought in as a regular fill, and (2) that the site required our fills to go into the canyon which created a tough grading problem. He also explained that some of the extra grading was required because of changes made in the design of the Chlorination Station. At the suggestion of Director Maerkle, the Board agreed to defer the matter until the next meeting and look into the problem with Boyle Engineering. Squires Dam Notices have been received from the City of Carlsbad on the public hea Zoning to be held on September 25, 1962, to consider the zoning for the City conditional use permit for the District's Squires Dam. of Carlsbad's Annexation No. 2.2, which includes considesation of a I Po 1 ice The Manager reviewed a letter from the Chief of Police of the City of Protection Carlsbad stating that he would prefer not to utilize any outside gersonn Squires Dam in providing police protection at Squires Dam at this time. Director Blade-Tribune prior to this meeting. Acting Manager Kubota explained that the Distric personnel have taken the policy that any information coming into this agency is public knowledge and if it is contrary to basic policy, he would likethe Board to clarify the matter. The Board concurred with Director Coe's interpretation "that where it require Board action it should not be made a public release, but if it requires no Board actio] it could be made public knowledge. Maerkle questioned the fact that mention of this letter appeared in the In regard to the patrolling of this area, the District has been asked to furnish a key for the lock which is on the gate at Squires Dam. The Manager pointed out that the District has a master lock system for all of the District installations and that rathe: than release a master key, perhaps the District could purchase a special lock for the gate and keys will be made available for the Police Department. State Employees' Discussion was deferred until the next meeting on the actuarial Retirement System report submitted on District participation in the State Employee: Retirement System. Upon motion by Director Greek, seconded by Director Coe, and unanimously carried, the Board approved the payment of $60.00 for the actuarial services for this report. The Manager brought before the Board a request from Mr. Dan Wiegand to allow the hauling of 1500 cu. jids. of decomposed granite from the Dam site. After discussion, the Board denied the request because of their concern regarding the traffic hazard on the access road as complaints have already been received from property owners I on the speed of the trucks and hauling of materials during the later evening hours. Correspondence : Invitation from Sigma Delta Chi, Professional Journalistic Society, San Diego Chapter dated September 14, 1962, for dinner meeting which will deal with the Brown Act, the California anti-secrecy legislation. Letter of introduction from William M. Simpson, Structural Engineering, offering thei: services in civil and structural engineering. Letter from Wilsey, Ham and Blair, Los Angeles, California, expressing their interest in performing civil engineering studies and designs for the District. American Water Works The Manager called the Board's attention to the convention Association Convention material received on the American Water Works Association Convention to be held October 23 - 26, 1962, in Santa Monica, California. He informed the Board that Thomas Tucker, the District's General Superin! would like to attend as he has been a member of the organization for a number of year: Ratification Upon motion by Director Greek, seconded by Director Coe, and unanimous: of Checks carried, the Board ratified Checks No. 5057 thru No. 5090 in the amouni of $25,946.42 a The following bills for payment were reviewed by the Board: Invoice from McClellan Insurance Company in the amount of $1,078.43, covering premium for Comprehensive Liability Policy for fiscal year 1963. After discussion, upon motic by Director Coe, seconded by Director Maerkle, and unanimously carried, this bill was approved for payment. Invoice from Boyle Engineering in the amount of $602.14, covering the field survey on the Dawson borrow area for $297.00, and reproductions on the Squires Dam Chlorination Station Bid for $305.14. After discussion, upon motion by Director Greek, seconded by Director Coe, and unanimously carried, payment was approved on this invoice to Boy: Engineering. I Invoice from Boyle Engineering in the amount of $739.14, covering engineering service! on the Pace-Kelly Pipeline Extension in Macareo Canyon, After discussion, upon motior by Director Carnohan, seconded by Director Maerkle, and unanimously carried, payment to Boyle Engineering in the amount of $739.14 was approved. Invoice from Boyle Engineering in the amount of $319.33, covering the preparation and estimates regarding Sewer Improvement Districts for the period July 1, 1962 thru August 31, 1962. After discussion, upon motion by Director Coe, seconded by Director Greek and unanimously carried, payment on this invoice was approved. Invoice from Boyle Engineering in the amount of $852.50, covering monumention of rese~ sites and pumping station in Improvement District No. 3. After discussion, the Board decided to hold this bill until the next meeting for discussion with the Engineer. The meeting was declared adjourned at 5 :35 P.M. I ATTEST: //JdJ /Q P2 Secretary of the.Board of Directors