Loading...
HomeMy WebLinkAbout1970-08-05; Municipal Water District; MinutesMINUTES OF A REGUALR MEETING OF THE BOARD OF DIRECTORS OF CAR.LSBAD MUNICIPAL WATER DISTRICT HELD ON AUGUST 5, 1970, AT 2: 00 P. FI. , AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA: The meeting was called to order at 2:02 P.M. by President Maerkle with Directors Carmi chael 9 Kel ly , Palmer and Mac Leod answering roll call . A1 so present were Legal Counsel Swirs ky, General Manager Kubota , Superintendent Hen1 ey and Off ice Secretary. Approval of Upon motion of Director Palmer, seconded by Director Mac Leod, and Minutes unanimously carried, the minutes of the regular meeting of July 15, I 1970, were approved as written . Pub1 ic Hearing President Maerkle announced that this is the time and place Proposed Annexation fixed by the Board of Directors of Carlsbad Municipal Water "Rancho La Costa District for a public hearing for any interested person to Annexation'' present any evidence for the consideration of the Board of Directors of Carlsbad Municipal Water District on the propose "Rancho La Costa Annexation". He then out1 ined the general procedure to be followed in conducting the hearing. Legal Counsel Swirsky then proceeded with the hearing and reviewed the joint pro- ceedings which were entered into with the Olivenhain Municipal Water District, at the request of a principal property owner, Rancho La Costa, for the exchange of property along the La Costa Developments and planning for better future water service. He testified that on August 20, 1969, the Board of Directors adopted Resolution No. 243, making an application for annexation of territory and request- ing authorization of the Local Agency Formation Commission. On October 21, 1969, LAFCO adopted a resolution approving the proposed annexation whose owners have consented to the Rancho La Costa Annexation. This resolution set forth two condi- tions;first, that the territory to be annexed would become a part of the CMWD Im- provement District No. 2 , and secondly, that a1 1 costs connected with the proceed- i ngs would be paid by the La Costa Land Company. On February 3 , 1970, LAFCO adopted a new resolution approving the addition of terms and conditions to the Rancho La Costa Annexation. The only change made was that the property would be included in I. D. No. 1 and I. D. No. 4 of the Carlsbad Municipal Water District. Legal Counsel stated that based upon the action of the Local Agency Formation Commission, and the Olivenhain Municipal Water District annexing portions of the CMWD Land into their District, the Board on June 17, 1970, adopted Resolution No. 250 initiating proceedings for the annexation of territory designated "Rancho La Costa Annexation" , and setting this date for the pub1 ic hearing. The original resolution is in the Resolution Book of the District. The following documents were submitted by the Legal Counsel and constitute a part of the record of these proceedings: (7) Declaration of Service By Mail, executed by Audrey E. Plante, stating that certified copies of Resolution No. 250 were mailed on July 13, 1970 to the San Diego County Water Authority, the Olivenhain Municipal Water District, The Metropolitan lnater District , the Clerk of the Board of Supervisors and the Executive Officer of the Local Agency Formation Commission. I (2) Affidavit of Posting executed by Paul S. Swirsky stating that on July 15, 1970 a certified copy of Resolution No. 250 of Carlsbad Municipal Water District was posted on the door of the Board Room of Carl sbad Municipal Water District at 5780 El Camino Real, Carlsbad, California. I (3) Declaration of Service By Nail, signed by Audrey E. Plante, stating that on July 20, 1970, certified copies of Resolution No. 250 were mailed to all local newspapers and to all the owners of real property as shown by the County Assessor's roll. (4) Affidavit of Publication from the Carlsbad Journal certifying that Resolution No. 250 was published in the Carlsbad Journal on July '16, 1970 and July 23, 1970. Legal Counsel stated that as of this time no rwi tten communications or protests have been received in reference to this annexation. He stated that the foregoing established the jurisdiction and the District has complied with all annexation procedures. The District Manager, Jack Y. Kubota, was then called on to presen-t testimony on his findings and recommendations and to review the annexation map. Using a display of three plat maps, he dedcribed the annexation as a total of four parcels of land, moving west to east, as follows: (1 ) A small sl iver of 1 and on the north si de of La Costa Avenue to the east of Saxony Road. I (2) The area entirely in the intersections of La Costa Avenue and El Camino Real, lying northerly of La Costa Avenue. (3) A piece of land in the La Costa South Unit No. 7 Subdivision containing a total of 16 lots in the Olivenhain District where it was determined hydraulically best for the CMWD to serve the area. (4) The canyon area of 01 ivenhain where the CNWD can hydraul i cal ly serve the area best. He pointed out that it has been determined that geographically and hydraulically the Carlsbad Municipal Water District can serve these areas best and provide the most efficient water service to these lands. President Maerkle asked if any other party desired to testify at this time. Mr. Joe W. Barker stated that he is a joint owner with Dr. Chatwell of approximately six acres on the north side of La Costa Avenue and the sliver of land west of La Costa Avenue, approximately 50' x ZOO'. He asked if this annexation would change anything in the zoning of the property and was assured that it has nothing to do with the zoning. He also inquired as to whether or not it would be possible to run a line down to his holdings since the CMWD has the water rights on the north side of La Costa Avenue and there might be difficulty in gettins water to this small parcel . The Manager explained that the District now has a 12" 1 ine down El Camino Real to the intersection and without getting involved as to how the pipe- line would be financed for the south side of the Bataquitos Lagoon, there has been a determination between the Board of Olivenhain and the District that this District would be best to service the north side of the highway and 01 ivenhain to the South side of the highway and there is an emergency interconnection at this point between the two Districts. He pointed out that neither District has any potential to pro- vide water service to the property in question at this time and it would be the responsibil i ty of the CMWD and the property owners to provide 1 ines on the north si de of La Costa Avenue and the 1 i ne coul d be extended down to his acreage if 1 i nes are needed in that area. Legal Counsel pointed out that as a matter of water planning the line would not be stopping at this particular property as there are other 1 ands west of his piece. As to the Question of how to provide water service to the parcel of 1 and approximately 50' x 200' , the Manager explained that if, in fact, 01 ivenhain had a water 7 ine on the south side of the road the District would make an agreement and let 01 ivenhain serve that particular parcel. Mr. Barker indicated that his questions had been adequately answered. President Maerkle asked if there was any further evidence to be presented by any party at this publ i c hearing . Hearing none, he decl, ared the publ i c hearing closed and asked for Legal Counsel Is recommendation for future action. 'I I Legal Counsel recommended that the Board proceed by adoption of the resolution ordering the annexation and explained that under this resolution a1 1 of the 1 and would become a part of the CMWD but will not be completed for annexation purposes until January 1 9 1971 and will not appear on the tax rolls until July, 1971. He reviewed proposed Reso'lution No. 253 and called the Board's attention to Section 1 , (d) that the territory is uninhabited; {e) the reason for the proposed annexation, and (f) the terms and conditions of the annexation. Resolution After discussion, upon motion of Director Yac Leod, seconded by No. 253 Director Kelly, the said Resol uti on No. 253 entitled I' A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL NATER DISTRICT ORDERINI TION TO THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56320 OF THE WATER CODE OF THE STATE OF CALIFORNIA" was adopted by the following vote: THE ANNEXATION OF CERTAIN TERRITORY DESIGNATED RANCHO LA COSTA ANNEXA- AYES : DIRECTORS: Carmichael , Kelly, Mac Leod, Maerkle NOES : DIRECTORS : None ABSENT: DIRECTORS : None and Palmer Meeting 5 August 1970 I II -2- Committee Reports : City of The Manager reported that in the continuing discussions with the City Carl sbad of Carlsbad he has received confirmation from the new City Manager that they are willing to have their staff and the staff of the District meet on a once-a month basis on the last Friday of the month. Legal Counsel gave a general out1 ine as to how the District should proceed with the publ i c hearing on the who1 esale service area for the City of Carl sbad. With referen to the Mayor's suggestion at the hearing that perhaps someone from the District woul 1 i ke to appear at the City Counci 1 meeting, Legal Counsel strongly advised against making such an appearance since the City had been formally notified on the matter an had had adequate time to make a presentation at the hearing on their position. He i formed the Board that, as the matter now stands, the District is waiting for the tra script on the hearing and a resolution on the matter wi 11 probably be ready for con- sideration at the next regular meeting. The Manager reported that he has had two other meetings with the City staff on the financing for the Laguna Riviera Metering Station but no agreement has been reached. San Diego County Director Kelly reported that the next meeting of the Authority lnfater Authority Board is scheduled for next week and a report will be made on th I meeting. Personnel The Manager reported that the Personnel Committee will be meeting on t revisiors for the employee benefits in connection with the new budget. Finance The Manager reported that the final figures on the assessed valuations have just been received from the County Assessor's Office and the Staf will be preparing the complete budget for setting the tax rates. In order to meet the Board of Supervisor 's dead1 ine for submission of the tax rates, plans were made to adjourn this meeting until next Wednesday, August 12, 1970, at which time the tax rates will be set. Chamber of Director Palmer reported on his attendance at the regular meeting of Commerce the Carlsbad Chamber of Commerce as an alternate for Director Mac Leod 1 who was unable to attend. El Camino Real Legal Counsel reported that final arrangements have been com- Financing Program pleted for the borrowing of funds for the El Camino Real High- way Project and he presented for the Board's adoption proposed Resolution No. 254, authorizing the execution of a Promissory Mote in the amount of $1CO,OO0.00 at an interest rate of 7% per annum. Resolution After discussion, upon motion of Director Palmer, seconded by Director No. 254 Mac Leod, the said Resolution No. 254, entitled "A RESOLUTION OF THE LOAN OF $1 00,000 FROM SECURITY PACIFIC NATIONAL BANK" was adopted by the foll owing vote : BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL bJATER DISTRICT AUTHORIZING A AYES : DIRECTORS : Carmi chael , Kel ly , Mac Leod , Maerkl e and Palmer NOES : DIRECTORS : None ABSENT : DIRECTORS : None I La Costa Vi 11 age Legal Counsel reported that the District is sti.11 proceeding Subdivision with the Appeal on the La Costa Village Subdivision suit and for the publ ic water system for the project. The Manager explained that the plans submitted were for Lot 1 only and that he and the Legal Counsel are concerned from an engineering and legal standpoint as the District wants a commitment that 3.11 of tl Lots, 1 , 2 and 3 wi 11 a1 7 be a publ i c water system. The Manager pointed out that it looks like the improvement plans for Plaza 1 (Lot 1) are satisfactory and could be approved if a satisfactory Agreement can be included committing them to a public water system in 2 and 3. The Manager displayed the plans submitted and pointed out two departures from the Cis trict's normal design, one where the District has permi ttl them to have a wye service, in two instances they have made it 3 units from one ser- vice, and contrary to the District's normal requirements, they are providing a non- exclusive easement around the plaza area for a1 1 uti 1 i ties. From the standpoint of publ ic water system, the Manager informed the Board, there could have been a more economical design but because of the needs to miss the plaza features, the cost is increased. The Manager informed the Board that he had visited the Subdivision site that the Developers were supposed to submit their complete plans Neeting 5 August 1970 -3- primarily to make sure that we are not holding up the project and that with the various stages of the home construction underway at this time there is no way that a contractor could go in and attempt to put in the water facilities. After further discussion, upon motion of Director Carmichael, seconded by Director Kelly, and unanimously carried, it was moved that the District accept the proposed improvements as set forth in the public water system plans and that the President of the Board be authorized to sign these plans and release them at such time that I an Agreement, approved by the Legal Counsel and District Engineer, has been signed. General Manager: La Costa Water The matter of the delinquent accounts for La Costa was discussed Account and the Manager asked for clarification as to the length of time was agreed that the Manager should attempt to keep this account as current as pos- si ble and arrangements will be made to tal k with the Control ler and see what their method of operations is. El Camino Real The Manager reported that the Contractor has now worked most of Highway Project the area from Palomar Airport and La Costa Avenue in a1 1 areas been demo1 ished and the Contractor will be starting very soon at the Laguna Riviera Vaul t. The Manager presented for approval, Progress Payment No. 2, covering work for the period ending July 31, 1970, listing total earnings of $57,769.98, less retention of $55,776.99, less Progress Payment No. 1 , for a net amount payable of $12,689.00. After discussion, upon motion of Director Carmichael, seconded by Director Kelly, and unanimously carried, Progress Payment No. 2 was approved for payment to the Don Hubbard Contracting Company in the amount of $12,689.00. the Board would permit them to be in arrears on this account. It except where steel pipe is required. The Calavera Vault has a1 s U Santa Fe A1 1 of the work relating to the tank itself has been completed at the Reservoir Santa Fe Reservoir Project, the Manager reported, and all of the ex- terior cracks have been repaired and the inside curb has been installel Water was turned back into the reservoir last Wednesday and it is completely back in service. He also reported that one of the problems encountered from the project taking longer than expected is that the Squires Dam lake was drawn down to 480 feet and the District is taking 18 cfs, which is all that is available to us, and have also had to take 171 acre feet out of our storage at San Ficente Reservoir to meet the high demands at this time. A final request for payment from BBR Prestressed Tanks, Inc. has been submitted and an advance of $7,000.00 was given to Max Dykmans with the balance to be released when it has been reviewed and approved by Ray lnloodsi de. Superintendent's Report: Superintendent Henley reported that a new meter installation has been made for Weston and Perry on Line "G" opening up some ground that has not been used for several years. Grading operations are continuing on La Costa South Unit No. 5 Subdivision and the Con tractor is doing the staking on the widening of A1 acante Road in that area. The District crew has completed moving 4 meters out of the right of way on the Lux property in connection with the El Camino Real Project. Water delivery was reported at 18 cfs, with the Lake elevation at 481.4 feet and gaining about three to four tenths of a foot per day at this time. General Manager ' s Report [ Con ti nued) La Costa The Manager reported that on the La Costa Valley Unit No. 5 Subdivisions Subdivision the Agreement was executed and instead of a Letter of Legal Counsel has now prepared an Instrument of Credit document that will be applicable to these projects and from now on La Costa will be using this form. La Costa General The Manager reported that he represented the District at a Plan Committee meeting of the San Diego County Planning Department I Credit, the Developer went ahead and filed a Bond for $40,000. at which time the General Plan of the La Costa Development was discussed. Meeting 5 August 1970 -a- La Costa Reservoir Mr. John Mamaux has submitted a letter regarding the 1 and- Landscaping Program scaping for the La Costa Reservoir site, the Manager informe the Board and it is planned to get a grading plan and work o a landscaping plan primarily in the area of screening trees. Squires Dam The Manager reported that word has been received from the Department of Water Resources that 1 i censing of dams wi 11 be required on an annual basis at a fee of $30.00 plus $1 .00 per foot for the highest point of the dam. It is estimated that the District's fee will run about $200.00 on this basis. On the matter of the refurbishing of the piezometer system, the Manager reported that he has received a line on another firm who handle this type of work and he will be contacting them on this matter. The Manager brought up for discussion the possibility of having an aerial survey done at Squires Dam during this low elevation period in order to calibrate all of the slope areas in the higher areas where we operate. He explained that this would provide a reasonably accurate differential for calculating the inflows and outflows at Squires Dam and would assist in isolating our losses. A contact has been made as to the charge the aerial people would make for this service and it could be flown for about $450.00, and with the charges for a survey crew to set out the markers and shoot the elevations, the Manager estimated that the entire project could be accom- plished for about, $800.00 to $1,000.00. Discussion was also held regarding the possibility of acquiring a site at Squires Dam for the expansion of this reservoir. Director Kelly reported that he had tal ked to Mrs. Dawson regarding the purchase of her property adjoining the Dam and she agreed to hold off any sale until after this meeting. She is asking $3000.00 per acre for the property, Director Kelly explained, and would be agreeable to taking $10,000.00 as a down payment or as option money for the first year. A map was dis- played showing the area involved and it was noted that there is 62 acres in parcel under consideration with about 32% acres in a reservoir site. After further discus- sion, upon motion of Director Palmer, seconded by Director Mac Leod, it was moved thi dependent on the aerial survey as to the number of acres to be purchased, that the District make borrowing arrangements with the Bank to comply with Mrs. Dawson's minimum down payment agreements and acquire it for future use. With the consent of the Second, the motion was amended to include "subject to negotiations for a final figure." Four Ayes. Director Carmichael voting "NO". Motion carried. After discussion, upon motion of Director Kelly, seconded by Director Palmer, it was moved that an aeri a1 survey and topography map be authorized to include the existing dam site and the proposed dam site at a maximum cost not to exceed $2500.00 for both the aerial survey and the ground surveying. Four Ayes. Director Carmichael voting "NO". Motion carried . Planning Study The Manager reported that his office is moving right along with that a preliminary planning map will be ready for the next regular meeting. Other I tems : Proposed High The Manager reported that the District has received information School Site on a proposal for a new High School Site which includes the area that the school officials are aware that if they want to move the line it would be at the expense of the School District. I I the Planning Study for the La Costa Area and it is anticipated where the District's Line "C" is located. The Manager pointed out I McReynold's The District has been in contact with a San Diego Realtor regarding Property the purchase or lease of the Paul Ecke holdings between the McReynold' property and Pal omar Airport Road, and the possibility of relocating the District's 12" line which traverses this property. The Manager reported that the Don Hubbard Contracting Company was awarded the con- tract for the sewer outfall line from the Leucadia County Water District plant. Correspondence: (1) Annual request from the General Manager of the San Diego County Water Authority as to whether or not this Board would have our share of the Authority tax bill or paid directly into the Authority. No action was taken and the District will continue to have this tax levied. Upon motion of Director Carmi chael , seconded by Director Kelly, and unanimously carried, it was moved that the District con- tinue on as we have in the past. Meeting 5 August 1970 -5- . .. (2) Acknowledgement from Assemblyman Stull on the District's letter on Assembly Bill 991. A copy of AB 1817 was also submitted by Assemblyman Stull for the District's information. (3) Invitation to Board Members to attend groundbreaking ceremonies at Valley Center's new Turner Dam on August 14, 1970 and a barbecue at noon. Cirectors will make arrangements to attend this event. I Finances : Speci a1 Accounts Payabl e : Upon motion of Director Carmichael , seconded by Director Palmer, and unanimously carried, the Board approved payment to Jack Y. Kubota in the amount of $1,259.00, covering services of the General Manager's Office for the month of July, 1970. Upon motion of Director Kelly , seconded by Director Palmer, and unanimously carried the Board approved payment to Jack Y. Kubota for services performed during the months of June and July on the El Camino Real Highway Project in the amount of $966 The Board reviewed the report on inactive funds investments and it was noted that the time deposit in the amount of $1 00,000 will mature on August 31 , 1970. A recommendation on how to proceed with these funds will be made at the next meeting. Director Kel ly offered the suggestion that the District spend a few dollars and subscribe to some magazines that might be valuable to the office and staff. After discussion, upon motion of Director Carmichael , seconded by Director Kelly, and unanimously carried, it was moved that the District subscribe to the magazine "Environment Southwest'' at an annual fee of $4.00. Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, the Board ratified Checks No. 4754 thru No. 4779, in the amount of $22,478.80, covering the period July 16, thru August 5, 1970. I Upon motion of Director Carmichael , seconded by Director Mac Leod, the meeting was adjourned at 5:35 P.M. until Wednesday, August 12, 1970, at 2:00 P.M. at the Board Room. ATTEST : x + . . " ".'? 1 J' ~, 0 .u* c Sikretary of the Board of Directors I Mee ti ng 5 August 1970 -6- I NOTICE OF A.DJ0URNMENT OF REGULAR MEETING OF BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL GlATER 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 he1 d on August 5, 1970, has been adjourned to 2:OO c’clock P.M., August 12, 1970, at the office of the Carlsbad Municipal Water District at 5780 El Camino Real, City of Carlsbad, California. 1 ,[ / G &Q.<p.7-L --e.s-.L” 71 h / /S/ M. D. Carmi chael !d. 0. CARMI CHAEL . SECRETARY OF TEE BOARD OF DIRECTORS OF CARLSBAD MllNICIPAL WATER DISTRICT DATED : AUGUST 6, 1970 1: