HomeMy WebLinkAbout1963-01-15; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER
DISTRICT HELD ON JANUARY 15, 1963, AT 2:OO P.M. AT 2698 STATE STREET, CARLSBAD, CALIFORl
President Kelly called the meeting to order at 2:OO P.M. with Directors Coe, Greek, and
Maerkle answering roll call. Also present were Acting Manager Kubota, Legal Counsel Sw:
Engineer Short and Office Secretary. Legal Counsel Grosse was present after 2:08 P.M.
Reports of Legal Counsel:
In regard to the easement for the line to the I. D. No. 3 Pumping Station, Legal Counse:
Swirsky reported the he had written back to Benton Caldwell concerning the Board's
acceptance of his offer on the easement, but no answer has been received.
Nol answer has been received from the City on the %strict's request for a formal detailc
annexation policy in connection with the sewerage program.
Reports of Engineer:
Engineer Short reported their firm is continuing the checking on the proposals for the
telemetering system. A proposal was received yesterday from BIF Industries but they ha1
not had a chance to check it out.
Squires Dam:
The Manager passed copies of a preliminary estimate which has been compiled on the extr,
costs incurred by the District on the Squires Dam project. After discussion on the man
.Legal Counsel Swirsky suggested that these figures be submitted to Mr. Melbourne and ha.
him attend the next meeting to attempt to reach an agreement on a formula for determini:
the extent of the liquidated damages due under the contract. The Manager was instructec
to submit these figures to Mr. Melbourne and to invite him to be present at the next me!
to discuss the matter in detail. A schedule of the payments made to date on the projec
and the amount of retention by the District was reviewed by the Board. After discussiol
upon motion of Director Maerkle, seconded by Director Coe, and unanimously carried, it
was moved that the Progress Payment No. 13, a total amount due of $31,526.55, be approvl
payment, less the advance of $15,000.00, for a net amount due the Contractor of $16,526
Chlorination The Manager reported that the wrong valve had been shipped from the facto
Station for the final installation at the Chlorination Station and there will be
an additional delay in finishing the project. He pointed out that the co
to make this valve exchange and complete the installation by that date. Upon the advic'
the Legal Counsel, itkas agreed that the Board would take no action on the matter as th
Contractor has made no formal request.
Core Material The Manager informed the Board that the survey has been completed on the
borrow area on the Dawson property and the final computation made on the
quantity of core material extracted from that area. Based on this computation, a final
payment in the amount of $106.30 is due for the difference between the estimated and ac
quantities of 1,063 cu. yds. After discussion, upon motion by Director Maerkle, second
Director Coe, and unanimously carried, it was moved that the final payment for core mat
in the amount of $106.30 be made to Mrs. Ida Dawson.
The Manager reported that an estimated total of 11,000 cu. yds. of core material were
extracted from the Wilcox property borrow area during the month of December at the cont
price of 20~ per cu. yd. for a total payment due of $2,200.80. Upon motion of Director
Maerkle, seconded by Director Coe, and unanimously carried, it was moved that payment f8
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completion time is up on the 19th, and it doesn't appear that it will be possible for t'
this material be approved to the Wilcox firm in the amount of $2,200,00
I The Manager presented for payment Invoice No. 1331 in the amount of $1,640.00, submitte
Benton Engineering for inspection services and laboratory work performed during the mon
December. After discussion, upon motion by Director Coe, seconded by Director Maerkle,
and unanimously carried, payment to Benton Engineering in the amount of $1,640.00 for
services performed during the month of December, was authorized.
Sewerage Engineer Short reported on the Committee meeting which was held with enginee
Program ing representatives of the three agencies on the sewerage program. The Main
annexation to the City as a condition of obtaining service from these facilities. In t
regard he made a point that conditions for annexation must be made a part of the agreem
Another fact that has been brought out is that the property owners of Improvement Distr
point of the discussion was the City of Carlsbad's position of requiring
No. U-7 will not be spending any bond monies for the facilities covered under the Joint
Powers Agreement but will only be paying for the collection lines. Attention was called
to a recent decision making it mandatory that a written notice be mailed to all land own
of record in the formation proceedings for new improvement districts. An amended report
on their sewerage program is being prepared by Buena and also a revised estimated breakd
of costs, and the Committee will meet again in two or three weeks to go over the matter.
Headquarters The Manager informed the Board that no response has been received on t
Site Development District's application for federal funds for the District's Headquarte
site development. During the discussion which followed, the Board
reviewed the floor plan which was submitted and some material on Armco steel buildings.
what type of building should be erected.
Water Service and Operations:
The Manager reported that the proposal for the Ellery Reservoir vault has been checked c
thru Boyle Engineering and the parts will be coming up this Friday. It is estimated it
cost approximately $100.00 to make this modification and it is intended to send the plug
valve back to the factory and have it refurbished so that it can be sold, if possible.
The Manager and Superintendent met with representatives from the Telephone Company to g(
over the telemeteringsystem and they are going to reactivate just the component which
will bring in a signal from San Marcos and then will wait for the entire new system befc
doing any further work.
In connection with the request from A. M. Brown for water service to lands in the Olive1
Water District, the Manager reported that a call has been received from Mr. Smith, the
General Manager, and the Olivenhain District would like to enter into a transportation
lands. In discussing the District's position in this matter, it was suggested by Direc.
Coe that the District just serve the water direct to Mr. Brown's property rather than
entering into such an agreement, as the District would be entirely responsible for the
water service and maintenance of an adequate supply during the peak season. No further
action was taken as Legal Counsel Swirsky advised the Board that the District should ha.
a request from the Olivenhain District requesting that the District serve water thru ou:
line before negotiating with Mr. Brown on the matter.
The Manager informed the Board that the owner of the Vista Brick Company has made a pro:
that he sell the District brick as payment for the delinquent accounts against that fin
which total $370.88. Legal Counsel Swirsky recommended that the District not accept th
offer as it is not a finished item, but that perhaps some money will flow in to pay the
account if they are attempting to dispose of the bricks.
The Manager informed the Board that the escrow proceedings have been closed on the Alla
KElly easement and tank site hr I. D. No. 3. No pro-ration of taxes was made in the es
he pointed out, and in discussing the matter with the Legal Counsel it was decided that
the District should refund somemney back on the current taxes, as these taxes would nc
have been billed if the escrow had closed out when it should. After discussion, upon
motion by Director Maerkle, seconded by Director Coe, and unanimously carried, it was II
that the Manager and Legal Counsel work out a formula for refunding the proration of fx
the Allan Kelly easements. Director Kelly abstained.
President Kelly informed the Board that in checking over the easement description on hj
pipeline extension, he found that where is the pipeline is located there is now a porcf
extension from the main house. After discussion, it was agreed to drop down the width
the easement to 12 feet which will be sufficient for the District to get in and service
I It was decided that the matter will be discussed later and a decision will be made as to
agreement with this District to transport the water thru our system to serve Mr. Brown':
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I the line. The easement document will be revised to reflect this change and the Legal
Counsel will check it over.
Appointment of The Board discussed the matter of appointing a new director for Divisj
Director to fill the vacancy created on the Board by the resignation of Directc
Carnohan. The name of Mr. Henry Phillips who resides in the North Cal
Director Coe will contact him to see if he is interested in serving, and if he is agret
will have him at the next meeting and he can take the oath at that time.
area, was presented for consideration, and the Board agreed that he should be asked to
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Retirement The Manager informed the Board that the retirement program was based on M
System Tucker's participation, and with his resignation from the District, the
matter is now quite complicated. The retirement office was contacted and
their representative is making a field trip on the 24th or 25th and the Manager will wa
and talk to him and let him set forth a program. Director Coe will also meet with him or
this matter.
In regard to the replacement of the Falcon Pick-up, the Manager reported that the Supt.
has asked for bids from the local automobile agencies with the following bids submitted
Vince Dixon Ford ($1,100.00 (plus $65.31) $ 1,165.31
Peterson Ford 1,212.34
Armstrong and Sims 1,219.54
Harloff Chevrolet 1,272.89
Weseloh Chevrolet 1,220.00
After discussion, upon motion by Director Greek, seconded by Director Coe, and unanimou
carried, it was moved that the Districr replace the Falcon Pick-up and accept the low
bid of $1,165.31 from Vince Dixon Ford.
A premium notice has been received from McClellan Insurance for the office quipment and
furniture, effective January 9, 1963. The Manager informed the Board that he has talke
with Mr. McClellan and they will have it adjusted to a June 30th anniversary date to
coincide with our other insurance policies.
It was decided to delay action on a policy statement regarding the use of irrigation re
voirs until the next meeting when the Board would be in a better position to establish
time schedule as to when the dam can be used.
Lewis Legal Counsel Grosse reported on the pre-trail which was held on the Lewis
Condemnation'condemnation suit on January 4, 1963, He informed the Board that he had
Suit talked to Mr. Lewis's Attorney, Mr. Jack Crumley, and he is very seriously
acre. After discussing the demand by Mr. Lewis for $12,500.00, and the amount of court
costs involved in bringing the matter to trial, it was agreed that another attempt shou
be made to settle the matter. Bpon motion of Director Coe, seconded by Director Maerkl
and unanimously carried, it was moved that the Board go into negotiations for the purch
with the stipulation that if this figure is not satisfactory, then the matter be brough
back to the Board for further consideration.
Finances: Upon motion by Director Greek, seconded by Director Maerkle, and unanimous1
carried, the Board ratified Checks No. 5283 thru No. 5323, in the amount of
$33,815.36, and Check No. 197 in the amount of $63.80.
Legal Counsel Swirsky presented a statement for services performed during the month of
December, 1962 for the Board's approval. After discussion, upon motion by Director Mae
seconded by Director Coe, and unanimously carried, it was moved that payment be approve1
on this statement as presented by the Legal Counsel in the amount of $190.00. The moti
was amended to change the amount to a total of $210.00, to include an amount of $20.00
adjust the amount of the retainer for the previous statement for the month of November.
After discussion, upon motion by Director Greek, seconded by Director Coe, and unanimou
carried, the Board approved apyment to Boyle Engineering in the amount of $852.50, cove
the monumentation of reservoirs and pumping stations in I.D. No. 3.
Upon motion of Director Greek, seconded by Director Coe, the meeting was declared adjou
at 4:45 P.M.
going to attempt to get severance damages on top of the fair market price
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of the Lewis property not to exceed, at the present time, a $10,000,00 maximum figure,
I ATTEST:
- .. 1 /i' I/ J Kg,. &% / fC"/i. c-4- e-7
Secretary of the Board of Directors