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HomeMy WebLinkAbout1962-11-07; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATEI DISTRICT HELD ON NOVEMBER 7, 1962, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIF( 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 Swirsky, Engineer Clayton, Mr. Irwin Kelly and Office Secretary. Upon motion of Director Maerkle, seconded by Director Coe, and unanimously carried, I the minutes of the regular meetings of October 2, 1962 and October 16, 1962 were apprc as presented. Hearing - Improvement The President then announced that this is the time and place SE District No .- U-7 for the public hearing on the question of the fomation of a the proposed improvement and the amount of debt to be incurred, said district to be kr as Improvement District No. U-7, Carlsbad Municipal Water District. Legal Counsel Swirsky then read in full Resolution No. 161, a resolution declaring the necessity for the proposed improvement district and fixing time and place of hearing proposed uninhabited improvement district, the extent thereof, and giving notice of hearing, Legal Counsel then submitted into evidence the following documents: a. Affidavit fo Posting of Resolution No. 161 in 3 public places in the proposed improvement district by the Secretary, duly executed by Secreta b. Affidavit of mailing copy of Resolution No. 161 to all property owners within the proposed improvement district, duly executed by Secretary Coe c. Affidavit of Publication of Resolution No. 161 in Carlsbad Journal on September 27, 1962 and October 4, 1962, duly executed by Charlice R. Dun Principal Clerk. I d. Certificate of written protests filed prior to the hearing, duly execute1 by Secretary Coe, certifying that no written protests were filed to the formation of said proposed uninhabited improvement district. Secretary;Coe, referring to a map of the proposed improvement district, and a copy of boundary descriptions, posted on the wall, made the following statement: "The general description of the proposed improvement district and map showing the exterior boundaries of the proposed improvement district with relation to the territory imediately contiguous thereto and to the proposed improvem aistrict have been on file with the Secretary of the District since Septembe 1962, and have been available for inspection by any person or persons intere here at the District office since September 18, 1962.'! After being placed under oath by Secretary Coe, District Manager Kubota made the follol statement : "I am Jack Kubota, Manager of Carlsbad Municipal Water District. I have personally checked the records of the Registrar of Voters of County of Sa.n Diego and have personally physically checked all of the residences located within the proposed improvement district. I can state, as of my own person< knowledge, that there are less then twelve voters residing within the propoi improvement district. I I have further checked the rolls of the County Assessor of County of San Dit and can state of my own personal knowledge that the assessed valuation of tl proposed improvement district as shown by the rolls of the County Assessor of County of San Diego is $614,330.00." The District Engineer, Mr. Les Clayton, was placed under oath by Secretary Coe after wl he testified to the following matters: Referring to the map posted on the wall, he gave a resume of the boundaries and descril the proposed improvements. He stated the amount of debt to be incurred as $1,250,000.( and gave a break-down of cost estimates for the construction of the proposed improvemer He then traced on the map the proposed routes for the interseptor sewer lines and the relationship to the particular boundaries of the proposed improvement district. The Engineer then made a direct statement that he is familiar with the Carlsbad Municj Water District, the proposed improvement district, the work proposed to be done and tE cost thereof, and that in his opinion the portion of the district indicated on the mal will be benefited by the proposed debt for the proposed purpose. Secretary Coe informed the Board that there were no written communications which relat I to the proposed improvement district. The President then asked whether there was anyone in the audience who had filed a writ communication with the District, who desired to be heard further on this matter, eithe in person or by representative. There were none. The President then asked whether any other persons present desired to speak on the que before the Board. There was no one present who desired to be heard. The President then announced "If there is no objection by any of the Board members I 2. declare the public hearing on the proposed Improvement District No. U-7 closed. No ol: jections were voiced and the hearing was deczared closed. After discussion, the President then requested the Legal Counsel to read the proposed resolution for formation of the proposed Improvement District No. U-7. Legal Counsel then read proposed resolution No. 166 in full, A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DETERMINING THE NECESSITY Rksolution TO INCUR BONDED INDEBTEDNESS, TO RE PAYABLE PROM TAXES LEVIED UPON LESS TH[A No. 166 ALL OF THE DISTRICT, AND FOWNG AN UNINHABITED IMPROVEMENT DISTRICT WITHIN OF CARLSBAD MUNICIPAL WATER DISTRICT. Upon motion of Director Maerkle, seconded by Director Coe, the said resolution numbered "166" was adopted by the following vote: THE BOUNDARIES OF SAID DISTRICT TO BE KNOWN AS IMPROVEMENT DISTRICT NO. U-7 I AYES: Directors Carnohan, Coe, Greek, Kelly, Maerkle NOES : Directors : None ABSENT: Directors : None Legal Counsel announced that with the completion of these proceedings, Improvement Dis No. U-7 has now been officially formed and the Board now has the authorization to sell bonds in the amount of $1,250,000.00, Director Carnohan asked what the procedure would be for other property owners to annex to this improvement district. Legal Counsel explained that the procedures for using district are completely with the power and action of the Board and only Board action i: necessary. Legal Counsel Swirsky suggested that with the improvement district now formed, the Dis should advise the County and the City of Carlsbad of the position of the District and suggest that the joint sewer committee which was formed be reactivated for coordinatin, sewer program for these various governmental agencies. In the meantime, the legal COUI will go ahead and get the transcript of the proceedings ready but will hold off employ bonding counsel until such time as the Board decides to se.&l the bonds. The Manager w' instructed to get in touch with the City of Carlsbad and County officials to ask if thl wish to reactivate this committee. Sewerage The Manager reported that we were able to meet the deadline and that the Program application for federal funds was submitted through the State Water Polluti priority rating of No. 7 based on a listing of 22 projects, with the District's requesi the facilities if they were so constructed, or adding property to this improvement I Control Board. On October 26, 1962, the District received a letter and a $625,000 the largest approved by the State Board, R. E. Melbourne arrived at 2:45 P.M. Reports of Legal Counsel: Lggal Counsel reported that he has made a review of the District resolution file and went thru and picked up and completed all missing resolutions. A complete check of all the pending easements has been made and all of the files have been closed and sent to the Title Company for processing, with the exeeption of one which had a bad corporation notary acknowledgement, and this one has been re-done and forwarded to the grantor for execution. In regard to the Lyman Line Extension Refund Agreement on which payment is being witht pending a satisfactory executed easement from the new owner, Legal Counsel informed tt Board that the matter was discussed with Mr. Savage and the details worked out. A net easement has been typed and was sent to Mr. Savage's Attorney on Monday. With the execution of this document, this will complete the Agreement and the funds due to I Frank H, Ayres and Son can be released. Legal Counsel presented the pipeline refund agreement to be entered into with the Coun of San Diego on the Palomar Airport line. He explained the document covers a project cost of $12,166.00, with District participation under the normal conditions of a refun agreement. Legal Counsel reviewed the terms of the Maintenance Agreement which was drawn for the Bressi Ranch Line Extension. He pointed out that the action of the Board had been tha the contract be drawn along the lines of the Ayres contract but some areas were not applicable. AFter discussion, upon motion by Director Carnohan, seconded by Director and unanimously carried, it was moved that the Board approve these agreements as revie here and authorize the execution of same by the President and Secretary. I Attention was called by the Legal Counsel to previous action taken by the Board to pay off the refund agreements with Mrs. J. Schuyler and Edwin Frazee on an Improvement District No. 2 pipeline with funds left over from the bond proceeds. It was his opini fact that it was not part of the bond program, and the bonding counsel, O'Mel'veny and Myers have concurred. He did point out, however, that the remaining bond proceeds by law can be transferred over into the fund necessary to pay the bond interest and princ which would release budgeted funds from the current revenues which could then be used pay off the agreements. that the District could not legally expend proceeds to pay off this contract due to th Legal Counsel reported that he is attempting to clear up the condemnation suits which pending and the files have been reviewed and he will be contacting the Attorneys for further negotiations. Contact will also be made with the firm conducting the investig on the San Marcos contract and they will be asked to submit a progress report to the Board. Squires Dam The Manager informed the Board that Mr. Melbourne had been present for t meeting but had been called out a few minutes ago and asked to be excused The Manager reported that District representatives, Les Clayton, Mr. Phil Benton and himself had met with Mr. Melbourne to discuss the project and plans for completion. T Contractor is making an effort to complete the project and will need some more time. The Manager read a letter submitted by R. E. Melbourne concerning the project, stating that he expected to be completed in the latter part of December and is stepping up his work schedule and is pressing for completion. He requested the Board's consideration an extension of the completion date €or the project and submitted information to suppo his fundamental position that they have employed adequate forces on the ,job. After discussion, the Board agreed that it would be best to make no decision on the ma at this time but rather to wait until the job is completed so that all of the elements can be considered. In acknowledging the letter from the Contractor it was agreed that the Board's position would be as follows: (1) to take no action on the requested extension as submitted; (2) to let the Contractor know that the Board desires for him finish out his contract as soon as possible, and (3) to again call to his attention thc specific provisions of the contract. The Attorney was instructed to write a letter to the Contractor setting forth these points. Progress The Manager asked that the Board consider a request from the Contract Payment No. 11 for an advance on Progress Payment No. 11 for work completed during t month of October, the total earnings for which should exceed $40,000. After discussion, upon motion by Director Carnohan, seconded by Director Maerkle, and unanimously carried, the Board authorized an advance on Progress Payment No. 11 in the amount of $20,000.00. Chlorination The Manager reported that Shelstead Brothers, the Contractors for the Sc Station, Dam Chlorination Station have moved right along with the job and have finished the building itself and are ready to do the paving and the instrumentation. recommended approval of the first progress payment submitted by Shelstead Brothers in discussion, upon motion by Director Greek, seconded by Director Maerkle, and unanimow carried, the Board approved Progress Payment No. 1 on the Chlorination Station project Shelstead Brothers in the amount of $6,937.60. The Manager informed the Board that a letter has been received from Mrs. Dawson and sf is concerned with the actual location of the jeep road and possible erosion damage to her property. In answering her letter the Manager explained that the easement now de: in the canyon area and did suggest that when the District has finished the project she might wish to negotiate with the District for the realignment of the easement to a mol practical route. She was also informed that the Dlstrict is taking steps to control 1 areas from possible erosion. Headquarters The Manager reported that the application for funds was submitted tc Site Development Housing and Home Finance Agency. He explained that they did come b: with an additional request concernkg the budget requirement. In 01 to support the project with "new monies", the funds pledged were the funds budgeted fc the building in the current budget and a legal commitment from the Security Bank for 1 additional funds, and this was the basis on which the application was turned in. Water Rate The Manager called the Board's attention to a notice received from the Sal Increase Diego County Water Authority setting forth the anticipated increases in w: rates scheduled over the next four years, with the first increase of $2.0! acre foot to be effective'January 1, 1963. After discussion, it was decided that in- formation should be compiled on the water revenues of the District so that the Board may review the revenue structure to see what effect this increase in cost of water wi: have on the operation. Pace-Kelly The Manager reported that the pipe for the Pace-Kelly line was delive~ Line Extension today and the Contractor has already started laying the pipe. Bob Mal was not available to help with the inspection so Charles Hausladen wi: be on the job inspecting this pipeline. Retirement The Manager reported that the required election was held on the retireme] Program system participation and a unanimous vote was cast by the District emplo: I amount of $7,708,45, less 10% retention, for a net amount due of $6,937.60, After I \ IDA Conference The Manager called the Board's attention to the Irrigation Districts Assocation Conference which started today at the Coronado Hotel and 7 continue thru Thursday and Friday. Material to be considered at the convention is in the Board file for review. Finances: Upon motion by Director Greek, seconded by Director Maerkle, and unanimol carfied, the Board ratified Checks No. 5141 thru No. 5161, in the amount $28,642.51, and Check No. 442, in the amount of $50,000.00, transferring funds from inactive account for I .D. No- 4. Director Coe informed the Board that Paul Swirsky has agreed to serve as legal counse during the interim period while the Board selects someone for the position. To date, five applications have been received and arrangements will be made to interview the applicants and report back to the Board. After discussion, the Board authorized the payment to T. Bruce Smith of the regular monthly retainer of $320.00 for services during the month of October. I The meeting was declared adjourned at 4:16 P.M. ATTEST : President of thd Board of Directors qt!-L~ fP &&." 1 Secretary of the Board of Directors