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HomeMy WebLinkAbout1962-11-20; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARISBAD MTJNZCIPAL WATER DISTRICT HELD ON NOVEMBER 20, 1962, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIF The meeting was called to order at 2:03 P.M. by President Kelly with Directors Carnoha Coe and Greek answering roll call. Also present were Acting Manager Kubota, Legal Cou Swirsky, Engineer Clayton and Office Secretary. Reports of Legal Counsel: San Marcos Legal Counsel reported that he had talked with Mr. Peterson who is handlin Contract the investigation of the San Marcos contract and he has reviewed all the documents and law. The only thing needed to complete the report is that he wants to conduct some personal interviews with Board members who were on the Board the time the contract was entered into. He anticipates that he will have a written opinion out by the last of next week. He did indicate that the general conclusion is the Carlsbad Municipal Water District has no formal obligatory requirement for San Mar to purchase the pipeline and that all documents created only an option relationship. Vista Brick Contact was made with a representative of the San Diego Wholesalemen's Account Credit Association and the collection proceedings on this delinquent accc are status quo and it was suggested that the District wait for a minimum 90 days before checking into the matter again. I.D. No. 3 .,Legal Counsel read a letter submitted by the San Diego Gas and Electri Pumping Station Company notifying the District of their inability to obtain an easemen from Mr. Lewis so that the Calavara route could be used to extend powe to the pumping station on the Lewis property, Legal Counsel informed the Board that h knows where Mr. Caldwell is and feels he can obtain an easement for the District to us the other route across the Caldwell property for which the Gas Company has already sec the easement from Mr. Lewis. Both a restricted easement for the District and a blanke easementi.;will be sent to Mr. Caldwell and the Legal Counsel will use whichever is nece Lewis Legal Counsel reported that he is attempting to check with Mr. Crurr Condemnation Suit Mr. Lewis's Attorney to see what Mr. Lewis's last request was. An answer was filed on the suit by Mr. Crumley and the matter is now h ing to come up for pre- trial. Agutrre Legal Counsel recommended that this matter of collection for the Aguirre Accident accident be taken to Small Claims Court, if the Manager cannot make collecti thru Ruben's Body Shop in the manner suggested by Director Maerkle. After discussion, upon motion by Director Greek, seconded by Director Coe, and unanimously carried , it was moved that the Manager contact Ruben's Body Shop to attempt to make tk collection, and if the collection is not made, that Director Carnohan be authorized tc represent the District in Small Claims Court, I I Bauer In regard to the delinquent account for Harold Bauer, Legal Counsel report6 Account that all parties have been served and the matter is now ready to go to judg After discussion, upon motion by Director Carnohan, seconded by Director Gr and unanimously carried, it was moved that the District proceed to take court action i the matter of the Bauer delinquent account. Annexation Legal Counsel asked if the Board wished to proceed with the annexation of of Squires Squires Dam site, as has been previously discussed. The Manager called th Dam Site Boardjs attention to the current tax billings which were received for the Squires Dam site and the Santa Fe Tank site. After discussion, the Legal Counsel was authorized to proceed with necessary steps for the annexation of the Squir Dam site and to also consider the annexation of the Santa Fe tank site, if such annexa is possible. Reports of Engineer: Engineer Clayton reported that he is continuing to explore a method of control for the valve which will empty water into Squires Dam and B.I.F. is putting together a propos2 for the Board to consider. Squires Dam: Construction The Manager reported that the Contractor is trying to keep a steady 6-da Project week and work is progressing, but it is hard to determine a completion d to start the rip-rap installation. The Manager informed the Board that he is going ahe to make plans for planting for prevention of erosLon on the slopes of the dam and will obtain information from the Soil Conservation representative. After discussion, the Bo authorized the Manager to proceed with this planting program to prevent erosion. . Progress The Manager reported that the final net earnings for the month of Payment No. 11 October would be $35,137.25, less the advance of $20,000.00, leaving a upon motion by Director Carnohan, seconded by Director Greek, and unanimously carried, the Board approved payment for the balance of Progress Payment No. 11, in the amount of $15,137.25. Core Material The Manager reported that the core material extracted from the borrow pit 01 the Dawson property totalled 27,500 cu. yds. thru the end of October, Pre- payment was made for 25,000 cu. yds. at the time the contract was executed, which would leave a total of 2,500 cu. yds. at 10~ for a net payment due Mrs. Dawson of $250.00. After discussion, upon motion by Director Carnohan, seconded by Director Coe, and unanimously carried, the Board approved payment in the amount of $250.00 to Mrs. Ida Da1 Chlorination The Manager reported that he had talked with Mr. Shelstead's son and it Stat ion seems the factory is giving them a bad time on delivery of the metering is up on December 15, 1962. Core The Manager called the Board's attention to the possibility of the Di-stricl Material having to obtain an additional source of core material as the pit on the Dawson property will soon be depleted. Legal Counsel reviewed the terms ol the contract which had been drawn up previously with the Wilcox group for extraction of core material from their land which is contiguous to the dam site.and the materials fror which site tested out satisfactorily. The Manager estimated that the project will requ: about 30,000 cu. yds. of core material for completion. He pointed out that the Wilcox contract calls for 2Oc per cu. yd. in comparison to the 10~ per cu. yd. rate now in forc with the Dawsons, and also that R. E. Melbourne has indicated he would want an addition: 15q per cu. yd. for hauling from the Wilcox site. Director Maerkle arrived at this time, 2:45 P.M. The Manager informed the Board that he will attempt to investigate the possibility of obtaining an additional supply from the Dawson property, if an area with sufficient quar can be located so that the Contractor would not have to develop more than one core pit. After discussion, the Board agreed that the matter should be left up to the Manager's judgment to determine the best and most economical source of core material at the time t present pit is depleted, with the maximum price not to exceed 35c per cu. yd. The Manager presented for payment Invoice No. 1263 in the mount of $2,028.13, submittec by Benton Engineering for work completed during the month of October, He explained that month of October, which included two Saturdays. This payment brings the present total o the fees paid to Benton Engineering to date to $14,020.36. After discussion, upon motio by Director Maerkle, seconded by Director Coe, and unanimously carried, the payment was approved to Benton Engineering in the mount of $2,028.13 for services performed during the month of October, 1962. I.D. No. 3 The Manager reported that a letter has been received from the bonding compa Unit "A" for the Improvement District No. 3, Unit "A? Contractor, E. c. Collins District is furnishing them with the information requested. Pace-Kelly The Pace-Kelly line extension project has been completed and the Stanley Ke Line property has been connected up. In connection with this project, the Manag The dam is now up to elevation 475 and the Contractor is getting ready net amount due on Progress Payment No. 11 of $15,137.25. After discussi equipment and their firm may have to ask for an extension when their time I the increase in the amount of this figure is occasioned by the 25 working days during th I Company, inquiring as to the nature of the District's complaint and the reported that the invoice for the pipe totalling $5,389.92 has been received from U.S. Industries -- Southern Pipe. The question arose as to whether the firm would be liable for any damages arising out of the delay in delivery of the pipe. The Manager informed the Board that, to date, none of the parties involved have made any indication as to ex charges for the delay. After discussion, it was decided to delay payment on this invoi until the next meeting to see if the District can claim damages should a claim arise from any of the parties involved or the Contractor €or the project, Einer Brothers, Inc I Sewerage The Manager informed the Board that he has made contact with the C-ity of Program Carlsbad and the Vista and Buena Sanitation Districts concerning the sewerage the City Council at their meeting tonight and he anticipated that they will activate a study group to go into the matter. C. B. Oldson, representing Vista and Buena, has indicated that the County would work as necessary to get the pipeline to service the ne and he feels that Vista and Buena would not object to the District participating in the program. Directors Carnohan, Kelly and Greek will plan to attend the City Council meet this evening for the discussion nn the program. program. City Manager John Slater indicated that the matter will go before In regard to the District's applicat.on for federal funds for the sewerage program, the Manager reported that a letter has been received from the U.S. Public Health Service. There are two matters which prevent them from going any further with our application, one is the fact that in our cost estimate we submitted an amount of $380,000 for trunk sewers, and they have ruled that these are collection lines and therefore not eligible under this gran, and secondly, that the District could not apply directly for the funds for the participation in the Joint-Venture facilities, but rather would have to work th agencies that are actually going to construct and operate the facilities. They did sug that the District could apply for funds for the collection lines under the Federal Hous Act. After discussion, the Manager was instructed to prepare an application for submis under this program. Water Service The information received from the San Diego County Water Authority and Operations concerning the waterrate increase has been sent along to the City of Carlsbad, the Manager reported. A summary of water sales comparisons and net revenues for the past three fiscal years w, reviewed and discussed by the Board. After discussion, it was decided that a detailed study should be made of the revenues derived from both hale of wholesale and retail watl and the relationship between such revenues and the tax collections for the various tax areas of the District in order to establish an equitable revenue structure for all wate consumers and taxpayers within the District. Director Coe offered to conduct a study on this matter, with some assistance from the auditing firm, if necessary, and will maks a report back to the Board before the 1st of Jauary, 1963. Personnel. The Manager informed the Board that Thomas Tucker, the District's General Superintendent, has submitted his resignation to the District and has acce: a position as Water Superintendent for the City of Carlsbad, effective December 15, 196 A letter was reviewed by the Board which was submitted by City Engineer Lowell Rathbun, confirming Mr. Tucker's employment by the City of Carlsbad and indicating that his serv: will be available to the District as required during this change in operations. After discussion, upon motion by Director Carnohan, seconded by Director Coe, and unanimously carried, it was moved that a letter of commendation be prepared for Mr. Tucker for his service. The Manager pointed out that the retirement program isscheduled to commence as of December 1, 1962, based upon three full-time employees, and in view of this development it appears advisable to get in touch with the Retirement System for their instructions ( matter and hold the matter in abeyance until this information has been received. 1 Announcements : Form letter from the Office of Governor Brown asking that all agencies not take PUPS 0:. wells so that water supplies could be utilized in the event of an emergency. Annual . The Manager reported that he had talked to Mr. Richard Turnbull who has conduct Audit the audit for the District and he indicated that they will have the audit report ready for the Board's review at the next meeting. Director Coe brought up the subject of having a continuing audit during the year there€ enabling the auditors to better schedule their time and the District to complete its audit at an earlier date. The Board agreed that this would be a better arrangement, if such a program could be worked out with the auditing firm, and Director Coe was instructed to discuss the matter with the firm and report back to the Board. Finances: Upon motion by Director Greek, seconded by Director Maerkle, and unanimous11 carried, the Board ratified checks No. 5162 thru No. 5199 in the amount I of $42,221.17. Legal It was reported that a Committee meeting was held on legal matters and the Counse 1 question was raised as to whether the District should hire someone who is locally who does not have such experience. It was the Bard's decision that the Commit should be instructed to proceed with interviewing local attorneys and report back their recommendations. The meeting was declared adjourned at 4:05 P.M. experienced in Water District matters from outside the area, or someone ATTEST 2 &J /.L Secretary of the Board of Directors I I