Loading...
HomeMy WebLinkAbout1970-03-04; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON MARCH 4, 1970, AT 2:OO P.M., AT 5780 EL CAMINO REAL, CARLSBAD , CALIFORNIA: The meeting was called to order at 2:OO P.M. by President Maerkle with Directors Carmichael, Kelly, Mac Leod and Palmer answering roll call. Also present were General Manager Kubota, Legal Counsel Swirsky, Superintendent Henley and Office Secretary. Approval of After discussion, upon motion of Director Palmer, seconded by Mi nu tes Director Mac Leod, and unanimously carried, the minutes of the reg- ular meeting of February 18, 7970, were approved as transcribed and mailed out by the Secretary. La Costa Village Mr. Howard Nopper, Mr. James Craig and Mr. Robert Caplan, Attor- (A.J. Hall Co.) ney for the Developer, were present representing the A. J. Hall Company for the continuation of discussions as to the type of water system to be installed in the la Costa Village Condominium Project. In ac- cordance with action taken at the last Board meeting, the Manager reported that the Developer's Engineer, Mr. James Craig, had submitted to the District a layout for a pub1 ic water system on a theoretical basis in order to determine the difference in comparative costs of a private water system versus a public water system. The ad- justed figures were reported as $24,500 for a private water system and a total of $30,900 for a public water system, making a difference in cost of approximately $6,000 or about one-fourth. The Manager explained that he and Mr. Craig were not in agreement on the costs and the biggest problem was determining if the costs are reasonable and comparing the units. Legal Counsel Swirsky reported that the Developer's Attorney, Mr. Robert Caplan, had tal ked to him about the problem in reference to a partition action, and has written a letter regarding this condition and other legal points that he wishes to raise. In that letter he has stated his client's willingness to resolve this legal problem by revising the restrictions so as to provide, as a condition to any partition action, that a satisfactory revised water system be installed. Copies of Mr. Caplan's letter, under date of March 2, 1970, were distributed to the Board for thejr review. As stated in his letter, Mr. Caplan informed the Board that they do not believe there are any legal impediments to the water system proposed by his client and that they have the legal right to put in the private system that they have planned, and has been used in the City of San Diego and for other condominium projects in the La Costa area. President Maerkle called attention to the circum- stances involving the La Costa Condominiums and the fact that the water system was approved by the former Manager and the buildings plumbed before the matter came be- fore the Board and they had no choice but to approve the private water sys tem. The problem of equalization of the monthly charges and the rates to be charged under the pra'vate system arragement were discussed and Mr. Caplan assured the Board that the fee would be based on the actual charges and there would be no mark up on the water e The fact that every other special service in the condominium project is treated on an individual family unit basis was brought up and Mr. Nopper explained that this is based on past experience and also the fact that some of these facilities are handled by the utili ties, and there are different problems with the nature of the uti1 i ties. Legal Counsel reported that the easement that was approved for the fire hydrant was checked, was executed and has been recorded. In response to Mr. Caplan's statements that his clients have the right to put in any type of system that they want as long as water service is provided to the property, Legal Counsel Swirsky stated that the reason is that they are resubdividing the property and under the subdivision proceed, ings there must be an acceptable water system in order for them to go on with their plans. Mr. Caplan questioned the District's right to require the public system and stressed the fact that they have prepared a water system which meets the legal re- qua'rements to provide water and that he feels that they have met these requirements by resolving the matter of the partition problem, the matter of prorating out the actual charges for water, and the assurance to the District that the repairs and maintenance of the system will be taken care of m I 'I I After further discussion, it was decided that the two Engineers will arrange a conference to go over the project and give the best appraisal of the costs involved. The Manager will also contact the City of San Diego and obtain in- formation on their utilities people's ideas on master metering and single family unit metering for condominiums. I After reviewing the District's Ordinance regarding condominiums, the Board re- quested that the legal Counsel have a clarification as to the rights of the Board to enforce this Ordinance for the next meeting. A firm decision will be reached on this matter at the adjourned regular meeting scheduled for Marchll, 7970, the Developer's representatives were advised, and they left the meeting at this time, 2:45 P.M. Committee Reports: City of Carlsbad The Manager reported that the earlier scheduled meeting with the District's Special Legal Counsel, Mr. Don Martinson , far setting up the Committee and establishing our service boundaries did not work out and they have set up a meeting for the next week. San Diego County Director Kel ly reported on the District's group tour of Water Authority the construction facilities in North San Diego and Riverside Counties hosted by the staff members of the San Diego County Authority on February 25, 1970. A total of twelve District members and civic leaders attended this very interesting and informative tour and enjoyed the hos- pi tali ties and transportation furnished by the Authority. Chamber of Commerce Director Palmer reported on the regular meeting of the Carlsbad Chamber of Commerce which he attended as the Dis- trict's representative. legal Counsel : H e B . Devel opment Legal Counsel reported that the annexation for the H. B. Devel- Company opment Co. property has been postponed by the Local Agency for- mation Commission as a problem has arisen between the City and the Leucadia County Water District about sewer service. A meeting of the two agen- cies has been arranged to resolve the matter. 'I Financing Legal Counsel informed the Board that he went back to Mr. Black at Program Security Pacific National Bank and explained why the District was not sending back the document approving the loan for the El Camino Real Relocation Project. A decision will be reached after the bids have been opened and there is also a possibility that the District might need some additional funds. Superintendent Is Report: Construction : La Costa The Superintendent reported that there has been no construction Subdivisions work going on except in the Olivenhain District section of the Sub- division. Due to the rains, the pipe for the La Costa Pipeline Project has not been delivered yet. I Operations: The District is expecting the well digger in next week to commence were cancelled because of repairs on his equipment. The field crew is continuing with the regular maintenance work on the system and the cleanup after the recent rains. Another shutdown by the Authority is scheduled this Friday for the purpose of draining and cleaning their open canal. Water delivery at this time is running 6 cfs, it was reported, with the level at Squires Dam at 501.5 feet. work at Squires Dam. Earlier plans to start the operation this week The Manager reported that there have been considerable complaints regarding the dirty water this past week because of the heavy runoff in the Authority canal , and it was explained to the newspaper what the problem was. Meeting March 4, 1970 -2- ., . .. General Manager's Report: El Camino Real The Manager informed the Board that this project is out to Highway Project bid now and there has been a fairly good response with 18 sets of plans and specifications out at this time. A meeting has been scheduled tomorrow with the County Road Department to discuss reimburse- ments by the County of San Diego and right of way. Metering Water statistics for the month of February were reported by the Mana- Program ger showing an apparent loss of 32.2 acre feet on a total production of 379.2. This loss at 8yA compares with 11% for January. He noted that the water production was up for the month of February compared with February of '1969 which had a water production of 150.6 because of the heavy rains. The City of Carlsbad has returned to the use of their No. 1 Reservoir and the District will be pacing the Chestnut Avenue meter with the Squires Dam meter to determine the accuracy of these metering faci 1 i ties. I The Manager reported that the District has had another inquiry from a realtor concerning water service to the Russ Thibodo property. The possibility of serving this property through a joint venture connection to the Aqueduct with the Bueno Colorado Municipal Water District was discussed and the Manager was instructed to pursue this matter and arrange a meeting with the Bueno staff. The Manager indicated that the District should lay out a preliminary amendment to the Master Plan for future planning of this type and that he plans to commence work on the Long Range Water System Planning Study which was included in the current Budget. La Costa The Manager informed the Board that plans have been arranged for Subdivisions a meeting next Wednesday morning with La Costa to work out the details for the physical land swap in service area between the District and Olivenhain. Squires Dam The Manager informed the Board that this matter is being held in Residence abeyance until the District's financial matters have been worked I out. Santa Fe With reference to the report on the Santa Fe Reservoir, the Manager Reservoir reported that the issue was not sufficiently completed and they were not able to get the report to the Board today. There appears to be some more problems that are more serious than the Manager had realized and he asked if the Board would consider adjourning this meeting until next Wednesday. Copies of the report will be submitted to the Board on Monday and the Engineer will be here at the meeting on Wednesday for a consul tation with the Board. He plans to make a visual inspection when the tank is dry but it appears at this time that the District will get involved very heavily in restoring this facility and the project may be in excess of $50,000.00. After discussion, the Manager was authorized to proceed on the basis of the adjourned meeting. Boundary As reported earlier in the meeting, the District will be meeting with Matters Olivenhain to go over the matter of service areas. Rancho Carlsbad The Manager reported that plans have now been reactivated for Mobile Home Park construction of this mobile home park and their Superintendent was in for plans for the El Camino Real project. They are now proceeding with their sewer line and the project is out for bid. Other I tem: Mc Reynol ds The Manager reported that the City has approved the Mc Reynolds Mobi 1 e Home Mobile Home Park and that he has been trying to track down the City's resolution on the conditional use permit of preannexation to see the conditions on water service. I Meeting March 4, 1970 -3- Delinquent The Manager reviewed the current 1 isti ng of del inquent accounts Accounts showing a total outstanding balance of $726.74 as of February 28, 1970. He noted that the penalties in the amount of $42.69 which were protested by the owners of the Lani kai Lane Mobile Home Park have not been paid, although their current charges have been paid. The outstanding balance of $1 51.45 for the Carlsbad Wholesal e Florist has been carried for several months due to a misunderstanding on payments , he reported, and the Manager wi 11 be working it out. High School The District has also had an inquiry regarding water service for a Site school construction site for the Cap’lsbad High school to be located I somewhere south and west of Calavera Lake. Personnel The Manager reported that Mrs. Romona McKay has terminated her em- to the Escondido area. The District will be considering an appropriate replacement for her and applicants are now being interviewed. Announcements: Announcement from the Irrigation Districts Associa tion regarding Spring Conference to be held at Lake Tahoe on April 8, 9, and 70. Attendance at this event will be discussed at the next meeting. Special Accounts Upon motion of Director Palmer, seconded by Director Kelly and Payable unanimously carried, the Board approved payment to Dennis Diedel Printing in the amount of $576.45, for the printing of the spec- ifications for the El Camino Real Relocation Project. Upon mota’on of Director Carmichael, seconded by Director Mac Leod, and unanimously carried, the Board approved payment to Jack Y. Kubota, in the amount of $1,121.00, covering consulting services for the month of February, 1970. Upon motion of Director Carmichael , seconded by Director Kelly, and unanimously carried, the Board approved payment to Jack Y. Kubota, in the amount of $3,080.00, based on the contract payment for El Camino Real Relocation Project of $10,080.00, less the advance payment of $7,000.00, for the net amount due of $3,080.00. Financial Financial Reports for the period July 1 , 1969 thru December 31 , 1369, Reports were reviewed in detai 1 and discussed by the Board. Investment The Manager reported that a Treasury Bill investment of $100,000.00 is of Funds due as of tomorrow, March 5, 1970, and he requested that the Board authorize the Treasurer and Staff to reinvest these funds. After dis- cussion, upon motion of Director Mac Leod, seconded by Director Palmer, and unani- mously carriedg the Board authorized the Treasurer to negotiate for the reinvest- ment of these funds. Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 4367 thru No. 439 ployment with the District as of the last of February and has moved I in the amount of $101,473.86, covering the period of February 19, 1970, thru March 4, 1970. Upon motion of Director Carmichael, seconded by Director Palmer, the meeting was adjourned at 4:49 P.M. until Wednesday, March 11, 1970 at 2:OO P.M., at the District for the purpose of discussing the Santa Fe Reservoir and other item. I ATTEST: , J -. 74.&JL:!’ Secretary of the Board of Directors Meetina March 4. 1970 -a- NOTICE OF ADJOURNMENT OF REGULAR MEETING I OF BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL L7ATER DISTRICT In accordance with Section 54955, Government Code, of State of California, notice is hereby given that the regular meeting of the Board of Directors of Carlsbad Municipal Water District held on March 4, 1970, has been adjourned to 2:OO o'clock P.M., March 11, 1970, at the office of the Carlsbad Municipal Water District at 5780 El Camino Real, City of Carlsbad, California. DATED: March 4, 1970 I /S/ F?. D . CARMICHAEL FJ. D. CARMICHAEL, SECRETARY OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT I