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HomeMy WebLinkAbout1969-03-19; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON MARCH 19, 1969, AT 2:OO P.M., AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA: The meeting was called to order at 2:00 P.M., with Directors Maerkle, Carmichael, Kelly, Mac Leod and Palmer answering roll call . Also present were Legal Counsel Swirsky, General Manager Kubota and Office Secretary. Approval of Upon motion of Director Palmer, seconded by Director Mac Leod, and Mi nu tes unanimously carried, the minutes of the regular meeting of March 5, f 1969, were approved with one minor correction. City of Carlsbad The Board discussed the effects of recent publicity on the Mater Service and City annexation and some type of factual information release Annexation to the various news media which might clarify the matter for the general pub1 i c. The Manager reported that the District's Committee had met with the City Water Committee as scheduled on March 10, 1969. At that time, the agreement, as drawn UP by the District's Legal Counsel, was reviewed and the matter was finally turned over to the Attorneys for the two agencies to work up an agreement in acceptable form. Legal Counsel informed the Board that he and the City Attorney had met subsequent to that meeting and the City had requested two changes in the agreement; (1) that the word "future" be stricken wherever used throughout the document, and (2) that the paragraph regarding the providing of other uti 1 i ty services by .the City be deleted in its entirety. With these two changes, the City has formally agreed to accept the agreement as written and it is now being typed in final form by the City Attorney's office, and the signatures of the appropriate City officials will be obtained. Legal Counsel recommended that the Board take action to authorize the President and Secretary to sign the document, subject to i tis having only these changes and that the Manager be authorized to forward a certified copy of same to the Local Agency Formation Commission. After discussion, upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, it was moved that the President and Secretary be authorized to accept this agreement as corrected by the Legal Counsel , in this specific case. Legal Counsel pointed out that this agreement is intended to take care of this specific annexation and development and that both agencies will be meeting and working toward a long range program for a permanent agreement on water service responsibilities. Legal Counsel reported that City Attorney Wilson had also called in reference to setting up a meeting with he and the City's Special Legal Counsel , Mr. Leroy Wright, after this annexation matter has been completed, to discuss a permanent agreement, but no specific date has been set at this time. He asked if the Board would be willing to consider retaining Mr. Don Martinson, a well qualified water Attorney in this area, as Speci a1 Counsel for the District on this particular matter, on an hourly basis, with the bill to be submitted and approved by the Board. After discussion, upon motion of Director Carmichael , seconded by Director Mac Leod, and unanimously carried, it was moved that the District retain Mr. Don Martinson, at the discretion of our Attorney, as his assistant in this matter. It was agreed that when the Attorneys have come to some basic agreement on the legal aspects of the matter, the Water Committees of the two agencies will again become active and enter into the negotiations. San Diego County Director Kelly gave his report on action taken and matters Water Authority discussed at the regular Board meeting of the San Diego County I Water Authority. Legal Counsel 's Report: May Company Legal Counsel reported, in fol1 owing through on the May Company Connection Connection, that the City Attorney had approved the agreement, with Agreement the exception that a clause be added regarding the District removing discussion with the District Manager , this clause was included, and also a stipu- lation that the City must meet all requirements of the District in reference to water being served through the service, to protect the District's interests. The agreement, with these revisions, was approved by the City Council at their meeting last evening and will be signed today by the City. Under this Agreement, the City will also be responsible for any costs involved in changing the overhead electrical service to the station should it be replaced with an underground service. I or terminating service only with the consent of the City. After - Legal Counsel recommended that the District establish this as a procedure for use in accepting the Laguna Riviera connection and that when the plans are in and everything is in order that the Board adopt a resolution setting forth under what terms and conditions the City can obtain water through this connection. After discussion, the Board agreed that such a procedure should be adopted. A short recess was called at 3:05 P.M., and the meeting was resumed at 3:20 P.M. La Costa A1 1 documents for the La Costa Condominium No. 3 have been signed Condominium and mailed down to the Title Company and the title policy should No. 3 be received shortly, Legal Counsel reported. La Costa Legal Counsel informed the Board that the Manager had called his Development attention to two agreements now in existence with La Costa (1) for Agreements the La Costa South Subdivision having an expiration date of April 17, 1969, and (2) one covering the reservoir pipeline which also has the expiration date of April 17, 1969. The question has been raised as to whether there should be a legal amendment to these agreements setting a specific date before the agreement expires. Under the present conditions, the reservoir should be completed in July, and this agreement could therefore be extended until August 1, 1969. In the matter of the subdivision agreement, it was recommended that a 6-month extension be granted on the La Costa South Subdivision until October 1, 1969. After discussion upon motion of Director Palmer, seconded by Director Carmichael, and unanimously carried, it was moved that the District extend the expiration dates of these agree- ments as recommended by the Legal Counsel. Meter The Manager and Legal Counsel have worked out the language on the meter Ownership ownership letter and these letters will be going out by certified mail to the District. Guy Ward Legal Counsel reported that the District now has all the documents, for Line the Ward Extension, including the easements and the maps for the project, recommendation that the matter be extended again until the plans can be signed and the documents properly signed and returned. The Manager displayed the plans for the pipeline extension and explained that a 6" 1 ine is planned at this time, but that if developments in the area are such that the Board determines it should be enlarged the District reserves the option to increase the size of the line. After discussion, upon motion of Director Mac Leod, seconded by Director Palmer, and unanimously carried, it was moved that the Board accept and approve the plans for the Guy Ward extension and authorize the President and Engineer to sign the plans and that the District grant an extension on the matter until the next meeting. Superintendent's Report: Construction: In the absence of the Superintendent, the Manager reported that the D to all water consumers who have not turned over their domestic meters D and the cash deposit or guaranty has been set at $8,700.00. It was his dirt-moving operation is the only activity in the La Costa South area. Operations & The Manager reported that the District has been having operational Maintenance problems with our chlorinator at Squires Dam and these resulted in content in the water over the past weekend. The lines were flushed out and reduced the problem somewhat, but, the Manager explained, the City insists that the District give them a high chlorine residual and it is very difficult to meet their demands with low flows. The chlorinator has been repaired and the District is monitoring the chlorination program very closely and it is now under control . tremendous overdosages of chlorine and reports of high chlorine I New The field crew has just completed the installation of the 3" compound Services service at La Costa Condominium No. 3. Manager's Report: I. D. No. 2 The Manager reported that the foundation ring for the D-2 Reservoir Unit 2 has been completed and the steel for the project was to have been delivered today. At the La Costa Site, all of the earthwork has been completed and the Contractor is ready to begin- forming for the foundation ring, and Meeting March 19, 1969 -7- is hoping that they can pour that ring on Friday. He explained that one situation did arise at the La Costa project herein the San Diego Gas and Electric Company had asked for a culvert for drainage on the land to the east of the site which was sold to that utility. The Contractor had estimated approximately 340 feet of culvert and $20.00 to lay it. The Manager had authorized them to proceed on this basis, not to exceed $100.00 and the job has been completed. Point "D" The Manager informed the Board that the District now has two quotations Project on the fixtures for the Point "D" project. American Pipe and Constructio amount of $56.25 for the couplings, with 4 weeks delivery. A quotation of $4,950.00 for the material , except the coupl ings, has been submitted by the United Concrete Products Co. , with a 3 week delivery period. The Manager recommended that the District accept the quotation from the American Pipe and Construction Company, with a price adjustment for the coupl ings. The County Road Department has been contacted regarding the project and they have forwarded their preliminary plans for that section of El Camino Real and we are completely out of the sphere of the road. Using the 4 week delivery period, it would be expected that the material will be available and installation has been tentatively scheduled for the 1st of May and should involve about a 2 day operation. After further discussion, upon motion of Director Carmichael , seconded by Director Kel ly, and unanimously carried, it was moved that the District accept the quotation of the American Pipe and Construction Company in the amount of $3,598.00, subject to an adjustment fop the couplings. Line E The Manager informed the Board that the report on the corrosion problem Unit 2 on Line "E" is not finished at this time, and he asked that the matter be Project deferred until the next regular meeting. Water Rate In regard to the water rate study, the Manager reported that the staff Study is now working out the statistics on the water service program to the City of Carlsbad and that he hoped to come to the Board on the matter of the wholesale rates at the next meeting. Squires The Manager reported that the staff have evaluated the statistics for the Dam month of February and have come up with some facts that might account for the overages which occurred during that period. Because of such a low flow the District operated the outlet from the Authority at the lowest range of flow and it is possible that some water could have come through the system without being recorded at the metering station. During the same period, the District had a recorded rainfall of 6 inches at Squires Dam which could account for an additional 11.9 acre feet of water at the Dam and these conditions could account for our statis tical data. The Manager wi 11 continue to check into the matter and report back to the Board. Storm The Manager reported that the District' s truck is now being repaired and Report cleaned at Harloff Chevrolet Company and they thought it would be ready tomorrow. He informed the Board that he had asked that the Nances submit a list of their personal belongings which were lost in the storm and he recommended that they be reimbursed in the amount of $100.00 for their suitcases and clothing. After discussion, upon motion of Director Palmer, seconded by Director Kelly, and unanimously carried, it was moved that the District advance the sum of $100.00 to Mr. & Mrs. Nance for losses in connection with the storm. Company has submitted a quotation of $3,598.00, with an additional I 'I I In the matter of reimbursement for their accommodations during the 8 day period which they were unable to get into the trailer, he recommended that Mr. and Mrs. Char1 es Simpson be reimbursed the sum of $100.00. After discussion, upon motion of Director Carmichael , seconded by Director Mac Leod, and unanimously carried, it was moved that the District pay the amount of $100.00 to Mr. and Mrs. Charles Simpson for the lodging of the Nance family for this period. Additional expenses will be coming in for the removal of the telephone unit and installation in the other vehicle and also the charges from the Contractor for the use of his grader and operator in getting the people out. The Manager has offered his personal truck for use as a second field unit while the other vehicle is being repaired. Miscell aneous: La Costa The Manager reported that there is now active interest on the part of La Costa South, Unit No. 2 Subdivision. La Costa has asked the Manager Meeting March 19, 1969 -3- and Legal Counsel to meet with them this Friday at 3:OO P.M. to discuss a joint effort to serve this area. The Engineer from the Olivenhain Municipal Water District wi 11 also be in attendance acting in capacity of General Manager. I Fi 1 trati on The Fi 1 trati on Study has come to the point where it is now in final Study bound copy form and copies will be distributed to all agencies shortly for their review and comments. The Manager and Superintendent are also scheduled to meet next week at the Authority with the Operating Heads of the various agencies to discuss the report. In connection with the final report the Manager presented for approval and payment an invoice from the San Diego County Water Author i ty in the amount of $66.79 covering charges for the month of February, 1969. After discussion, upon motion of Director Carmichael, seconded by Director Kelly, and unanimously carried, the Board approved this payment to the Authority . Greenvi ew Mr. Mike O'Hara now has on deposit with the District a certified Units #1 & 2 check in the amount of $3,000.00 as a subdivision improvement , work to complete in moving the valve cans, but recommended that the District retain the amount of $500.00 for this work and release the remaining funds of $2500.00 to Mr. O'Hara if he will give us a letter of waiver on the project. After discussion upon motion of Director Mac Leod, seconded by Director Kelly, and unanimously Carrie it was moved that the District release the $2500.00 in Subdivision Funds for Green- view No. 2 and retain the amount of $500.00, with the balance to be returned to him when all of the work has been completed. Water Service The San Marcos County Water District has made a request for a 1" SMCWD service and meter on the east side of El Camino Real, south of Palomar Airport road to service a sewer metering station at that point. An estimate of the costs involved has been forwarded to them and they have been advised that they must furnish a backflow preventive device. Fai racre The Manager informed the Board that a call was received last week Farms Suit from Mr. Shig Noguchi concerning a suit which was filed in 1961 against Fai racre Farms for unpaid water bi3 1 s in the amount of $2346.95 on a farming venture with which he was supposed to be involved. Mr. Noughi is trying to get a Government loan to purchase a farm and this unsettled judgement was brought to light during the investigation. He claims that he had nothing to do with this deal and has asked that the District take steps to clear him on this matter. After discussion, it was agreed that this matter should be left to the discretion of the Legal Counsel for an evaluation on the status of this suit and Mr. Moughi 's position Delinquent Following through on Contractor delinquencies at the La Costa Area, Accounts the Manager reported that the District is working out a program so will be notified of these delinquent amounts and the District is taking the position that we will not provide water through any delinquent account. After discussion, it was agreed that the District should explore it as a policy that any contractor will be asked to deposit $25.00 which would cover the water usage during constructiol Personnel: The Manager informed the Board athat the applicant for the Secretary I1 accepted another job. The Manager wi 11 be starting again and wi 11 proceed with this personnel program. Correspondence: guaranty. The Manager explained that the District still has some I that the lending institutions that have the loasn on these properties in which the staff was interested has notified the District that she had The following correspondence was reviewed and ordered filed: (1 ) Announcement from Peter A. Halbert, Consulting Engineer, in San Diego. (2) Letter from District Insurance Associates regarding their services in I developing an insurance program. (3) Announcement of Corrosion Seminar to be held May 6, 7, 8, 1969 in San Dimas, California. The Manager informed the Board that Mr. John Pierce will attend this from his office. (4) Annual Report -for fiscal year 1967-68 from the Valley Center Municipal Water District. Meeting March 19, 1969 -4- (5) Announcement regarding National Convention of the American Water Works Association to be held in San Diego - May 78 to 23, 1969. The Manager reported that planning is advancing for this event and that he will be participating in the preparation. Finances : I Approval of After discussion, upon motion of Director Mac Leod, seconded by Purchase Director Palmer, and unanimously carried, the Board approved Orders Purchase Order No. 1115 to Nestern Mater Works Supply Co. for a Hays Tapping Machine at a total price of $133.27. Special Accounts The Manager presented his bi 11 ing for services during the month Payabl e of February, 1969, listing a total of 83 hours at $1,228.87, for the General Manager's Office, plus a total of $199.50 for engineer ing projects, for a total amount of $1,428.37. He explained that during the storm he had utilized the services of the Engineer from his office but had only charged for three-quarters of his time. After discussion, upon motion of Director Carmichael, seconded by Director Mac Leod, and unanimously carried, the Board approved payment to Jack Y. Kubota in the amount of $1428.37. Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 3561 thru No. 3599 thru March 19, 1969. The meeting was declared adjourned at 4:56 P.M. in the amount of $17,550.61, covering the period March 6, 1969, I ATTEST : I Mwtino March 19. 1969 -G-