HomeMy WebLinkAbout1962-12-18; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT HELD ON DECEMBER 18, 1962, AT 2 :OO P.M. , AT 2698 STATE STREET, C-ARLSBAI
CALIFORNIA :
The meeting was called to order at 2:03 P.M. by President Kelly, with Directors Coe,
Greek and Maerkle answering roll call. Also present were Legal Counsel Swirsky,
Acting Manager Kubota, Engineer Donald Short, and Office Secretary.
I Reports of Legal Counsel:
San Marcos Legal Counsel passed copies to members of the Board of the report
Contract submitted by the firm of White, Froehlich and Peterson on their
contents of the report, and informed the Board that the conclusion reached was that
no obligatory option was given, and recommended that no further action be taken. Aftr
discussion, it was decided that when the Squires Dam project is finished and the
Board has reviewed the entire matter, the District will possibly continue negotfationr
with the San Marcos District with a vi-ew toward a negotiated sale of the line to that
agency.
Cancellation Legal Counsel informed the Board that the request for forms for the
of Taxes cancellation of taxes on the Squires Dam site apparently got switched
Legal Counsel will take care of the matter and complete this transaction.
Caldwell Legal Counsel reported that the formal easement for the Caldwell property
Easement has been received from the San Diego Gas and Electric Company, but to datc
investigation of the San Marcos contract. He briefly reviewed the
around in the County Counsel's Off ice and went to the Board of Sup rvisc
he has had no word from Mr. Caldwell on the matter.
In connection with the sewerage program, the Legal Counsel informed the Board that
he has talked with City Manager Slater and the City is working up their strip-annexat
program into a formal annexation policy for presentation in the discussions concerning
Improvement District No. U- 7.
Legal Counsel reviewed the requirements for an appointment to the Board of Directors
which the Board will need to consider in selecting a replacement for Mac Carnohan.
The appointee must be a resident of the particular district involved, but no specific
length of residence is noted, must be over 21 years of age, and be willing to take
the oath of off ice.
Director Coe reported on the interviews which were held on the selection of an attorn1
to represent the District as Legal Counsel and explained the areas of exploration whi
were used in the personal interviews. He then presented the recommendations of the
Committee as follows :
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(1) That Mr. Russell W. Grosse of the firm of Andreasen, Thompson and Gore be
offered the position as Legal Counsel for the District starting January 1, 1963, at
a monthly retainer of $320.00 per month, said sum to be for attendance at 2 regularly
scheduled meetings per month, and 10 hours per month of additional time. An excess
of hours over the above to> be billed monthly in detail at the fee of $20.00 per hour.
(2) That Mr. Paul Swirsky be asked to serve in an advisory capacity to Mr. Gros
for such time as he feels necessary, and that reimbursement to Mr. Swirsky be made at
the rate of $20.00 per hour.
(3) That the Board consider, for any detailed legal water problems in the futur
I the employment of the firm of Jennings, Engstrand and Hendrikson as special counsel.
After discussion, upon motion by Director Maerkle, seconded by Director Coe, and
unanimously carried, it was moved that the District hire Mr. Grosse for the position
of Legal Counsel on the conditions as submitted by the Committee.
Squires Dam:
Progress Payment No. 12 for the Squires Dam project was reviewed, listing net earning
due in the amount of $31,880.62 for work completed during the month of November, 1962
After discussion, upon motion by Director MaerkBe, seconded by Director Coe, and
to the R. E. Melbourne Company, Inc. in the amount of $31,880.62, less the advance of
$15,000.00, for a net amount due and payable of $16,880.62.
Chlorination Secretary Coe read in full a letter submitted by #elstead Brothers,
Station dated December 10, 1962, explaining the reasons for the delay in
shipment of the metering equipment for the Chlorination Station, and
requesting an extension of 30 calendar days for time of completion of the contract.
After discussion, upon motion by Director Greek, seconded by Director Maerkle, and
unanimously carried, it was moved that the Board approve this request for an extensior
of contract time for Shelstead Brothers and the contract completion time be extended
to 30 calendar days.
Invoice No. 1304, in. the amount of $1,735.75, as submitted by Benton Engineering for
services performed during the month of November, was reviewed and the Manager explain(
that these charges are based on a total of 25 working days on the dam itself. After
discussion, upon motion of Director Coe, seconded by Director Maerkle, and unanimousl!
carried, payment was authorized to Benton Engineering in the amount of $1,735 -75.
In discussing the above payments for the Squires Dam project, the Board agreed that
a review of the expenditures attributable to the extra construction time required
for completion of the project will be made during the month of January.
A statement covering the core material removed to date from the Dawson borrow area
was presented for approval by the Manager, listing an amount of $1,100.00 payable to
Mrs. Ida Dawson. After discussion, upon motion by Director Greek, seconded by Direct1
Coe, and unanimously carried, the Board approved this payment to Mrs. Dawson for
core material removed through the month of November in the amount of $1,100.00.
The Manager reported that the firm has returned to this office the executed contract
for the borrow area on the Wilcox property and the first haul has been made from the
site.
Sewerage The Manager reported that he had called San Francisco to the Housing and
unanimously carried, it was moved that the District approve progress payment No. 12,
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I Program Home Finance Agency regarding the District’s application for a Federal
grant for the collection lines in Improvement District No. U-7. He was
advised that the application was under consideration and they had no idea when the
final decision on the projects would be made in Washington, D.C. He also inquired
about the grant for the headquarters site, but could get no definite information on
the matter. Director Coe suggested that perhaps the District should go ahead with
the plans for the derbelopment of the site without waiting for the funds, but Legal
Counsel Swirsky pointed out that if the District should start on the site, this would
automatically disqualify the District for participation under the program. It was
agreed to wait for some answer from the agency on this application and to discuss the
matter in another three or four weeks::
Pace-Kelly The Manager presented for the Board’s consideration two invoices submitt
Pipeline by Einer Brothers for extra work performed on the Pace-Kelly Pipeline
Extension, Invoice No. 7049 in the amount of $68.99, and Invoice No. 7050
in the amount of $207.97. After discussion, upon motion by Director Maerkle, seconde
by Director Greek, and unanimously carried, the Board approved payment to Einer Broth for these invoices in the total amount of $276,96,
I .D. The Manager reported that he had talked with Mr. Collins last night at lengt
No. 3 concerning his contractual obligations for I.D. No. 3, and he offered the
District a proposal that if the cost of the work does not exceed $100.00, he
would like to have the District do it. After discussion, upon motion by Director Gre
seconded by Director Coe, and unanimously carried, it was moved that the District acc
the offer of $100.00 to perform this work, with the stipulation that prepayment be
made to the District before the work is commenced. The Manager called attention to t
fact that Mr. Collins still owes the District a total of $67.87 for credit on a plug
valve received in connection with the project. It was agreed that the payment of thi
amount should also be included in the letter as part of the District’s acceptance of
~r . Collins”’ proposal.
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Terramar The Manager informed the Board that before he left the District Mr.
VAul t Tucker had recornended that the 4" Golden Anderson Valve at our metering
secured from Industries Supply Company for a 4" C;La-Valve for a total price of $360.00
After discussion, upon motion by Director Maerkle, seconded by Director Coe, and
unanimously carried, it was moved that the Manager be authorized to go ahead with the
purchase of the 4" Cla-Valve for the Terramar Vault.
The Manager reported that after the matter was discussed at the last meeting, the
and Supply went to remove it. After discussion, it was decided that the Manager
should contact Mr. Chewning, who represents R.J.V. Farms, to sign a note for the
delinquent water bill and meter repair charges.
A notice has been received from the County Health Department concerning the proposed
amend to the Couilty Water Service Ordinance which has been under discussion for
the past several months. They have a proposed revision and a meeting on the matter
has been scheduled for tomorrow at the Primary Health Center at the County office.
The Manager and Superintendent Carnohan will plan to attend to represent the District,
Refund The Manager called the Board's attention to their previous action to
Agreements pay off the refund agreement covering the Schuyler line in I.D. No. 2
which was financed by Jessie Schuyler and Edwin Frazee. After discussion,
upon motion by Director Greek, seconded by Director Coe, and unanimously carried, it T
moved that final payment for this contract be made to Edwin Frazee in the amount of
$221.41. Upon motion by Director Coe, seconded by Director Greek, and unanimously
carried, it was moved that the final payment for the Schuyler line be made to Mrs.
Jessie Schuyler in the amountof $602.59.
The Manager reported that on the Mesa Line Refund Contract there was recorded a total
of $7,839.45 in water sales. In accordance with the terms of the contract, the payme]
would be hased on 20% of the construction cost, which results in an amount due for
the fiscal year 1961-62 of $3,573.74. Upon motion of Director Greek, seconded by
Director Coe, and unanimously carried, the Board approved payment for the Mesa Line
Refund Contract in the amount of $3,573.74.
In reviewing the records for the Lyman Line, the Manager reported, the annual payment
for the fiscal year 1961-62 would be based on 20% of the construction price of $9,144
for a net amount due of $1,828.93. He pointed out that the District will again hold
this payment with the payment for the prior years, until the right of way matter is
completed on this pipeline. After discussion, upon motion by Director Coe, seconded
by Director Maerkle, and unanimously carried, it was moved that the Board approve
this payment to Frank H. Ayres and Son in the amount of $1,828.92, subject to
receiving and clearing up of the right of way matter on the line.
The Manager informed the Board that at the present time there are two other refund
contracts which are pending for the Allan Kelly line and the newly constructed Pace-
Kelly line, Boyle Engineering has been asked to provide the District with the necess
right of way documents for the Allan Kelly line so that this transaction can be
completed. The contract for the Pace-Kelly line will be drawn when all of the costs
have been assembled.
Telemetering Engineer Short reported that Boyle Engineering is still studying the
Sys tem proposal submitted by BIF Industries and working with them to make
station for the City of Carlsbad be replaced. A quotation has been
I meter for the R.J .V. Farms account was already gone when the man from Webb Pump
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up a plan which will do the job.
Schwabacher Mr. James Guerin appeared before the Board at this time to dfscuss the
and Company payment for financial services in connection with Improvement District
No. 4. He restated their position in the matter, after which the Attor
reviewed the terms of the contract. After discussion, upon motion by Director Coe,
seconded by Director Greek, it was moved that this payment be made to Schwabacher and
abstaining)
Upon motion by Director Greek, seconded by Director Coe, and unanimously carried, the
Board approved p9yment of American Water Works Association membership dues in the amc
of $25.00 for the year 1963.
I Company in the amount of $3,268,56, The motion was carried, with Director Maerkle
The Manager informed the Board that Director Maerkle had mentioned the fact that a
was based on the $9,000.00 value of the Autocon system which is no longer in use.
In checking with McClellan Insurance, the District's insurance carrier, it was found
that if- the policy were to be cancelled at this time we would save $3.32 until Januar:
the renewal date. Af that time a new policy could be written for the remaining
items for a premium of $35.00 for a three-year period. After discussing the matter,
the Board decided that the Autocon system still carries a considerable value even
though it is not in operation, and should be covered under the policy, so no change
will be made in the coverage.
Personnel The Manager reported that he has compiled some information for the Board'
viewing the Government Code, he stated, it provides for a total of eleven legal
holidays and any other days the State Specifies. Under the normal business code,
the allowance is normally 6 holidays, which are generally the traditional holidays su
as Christmas, New Years, etc. After discussion, Director Coe moved that a resolution
be prepared adopting the eleven State holidays, as provided under the Government Code
plus whatever others the State specifies. The motion was duly seconded by Director
Greek, and unanimously carried.
The Manager requested the Board's permission to be excused from his duties during the
next week on Wednesday, Thursday and Friday, December 26, 27, 28, but explained that
he would be available in case of emergency or if he,were needed in any capacity. By
mutual consent the Board authorized this leave.
Director Greek left the meeting at this time, 4:30 P.M.
Pinances: Upon motion by Director Maerkle, seconded by Director Greek, and unanimous
carried, the Board ratified Checks No. 5216 thru No. 5260 in the amount of
$41,639.40, and Check No. 443, in the amount of $60,000.00, covering transfer of inac
funds for I.D. No. 4.
Director Coe moved that the following invoices be approved for payment to Boyle
Engineering, seconded by Director Maerkle, and unanimously carried.
large portion of the comprehensive liability insurance carried by the District
I review on the matter of holidays to be observed by the District. In re-
I Invoice covering staking for the Pace-Kelly Pipeline Extension in
the amount of $74 .OO.
Invoice covering engineering work performed thru October 31, 1962,
on the sewer program for Improvement District No. U-7, in the amount
of $378.83.
The meeting was declared adjourned at 4:40 P.M.
ATTEST : 44 /.C<
Secretary of the Board of Directors
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