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HomeMy WebLinkAbout1970-11-04; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON NOVEMBER 4, 1970, AT 2:OO P.M., AT 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA: President Maerkle called the meeting to order at 2:OO P.M., with Directors Carmichael Kel ly, Mac Leod and Palmer answering roll call . A1 so present were General Manager Kubota, Legal Counsel Swirsky, Superintendent Henley and the Executive Secretary. Approval of Approval of the minutes of the regular meeting of October 21, 1970, wa Minutes held over until the next meeting. Commi ttee Reports : I City of Carl sbad The Manager brought the Board up to date on the District's pro- Water Project ceedings with the Department of Housing and Urban Renewal on the matter of the Federal Grant for the City of Carlsbad. He called attention to the adverse pub1 ici ty which came out in the local paper after the last Board meeting on this matter. He reported that since that time the District has had a conference with HUD'S Program Manager and he has promised that as soon as their 1 awyers have reviewed the enti re matter, a meeting wi 11 be convened with the City and the District, if he feels it is necessary. He was very concerned about the pub- 1 ici ty on the matter and asked that a copy of the editorial material be sent to him. The Manager also reported to the Board that he has definite information that the District is not delaying the HUD Grant as their engineering plans are not complete and ready to be turned into HUD. As of Monday the District still has not received the plans from the City Engineer for review, as promised by the City Manager at the 1 ast meeting. The Manager informed the Board that he had just received information that Mr. Leroy Wright 's recommendation to the City as Special Legal Counsel wi 11 be that they get out of the water business. The Manager will check out this rumor and report back to the Board. San Diego County Directors Kelly and Carmichael reported on their attendance at Water Author? ty the groundbreaking ceremonies at the Perris Reservoir on Friday, I October 23, 1970. Chamber of A report on the regular meeting of the Carlsbad Chamber of Commerce Commerce was given by Director Carmichael. The program speaker was Mr. Jack Arnold who discussed future planning for parks in the Carlsbad area. La Costa Legal Counsel presented a resolution entitled "A RESOLUTION OF THE Detachment BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT APPLYING FOR THE CONSENT OF THE SAN DIEGO COUNTY WATER AUTHORITY TO THE EXCLUSION OF CERTAIN TERRITORY FROM CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 11 OF THE COUNTY WATER AUTHORITY ACT, WHICH TERRITORY IS NOW INCORPORATED WITH OLIVEN- HAIN MUNICIPAL WATER DISTRICT (LA COSTA DETACHMENT). After discussion, upon motion of Director Palmer, seconded by Director Mac Leod, the said Resolution numbered "257" was adopted by the following vote: AYES : DIRECTORS: Carmichael , Kel ly , Mac Leod, Maerkl e and NOES : DIRECTORS : None ABSENT: DIRECTORS : None Palmer North Carl sbad It was reported that on October 22, 1970, the District Manager Wi thdrawa? signed a form from the City of Oceanside to the Local Agency consent to the detachment of the North Carlsbad territory. As of this date the District has received no information from LAFCO as to the date of hearing. Legal Counsel informed the Board that as soon as this is approved, the District should receive a petition from the City of Oceanside and then wi 11 proceed with the legal proceedings. It is not anticipated that an election will be required to complete this detachment. I Formation Commission submitting an application to them for their I La Costa Legal Counsel reported that he had contacted the Legal Counsel for Detachment the San Diego County Water Authority regarding the La Costa detach- on the Authority agenda for their December meeting. This would a7 1 ow amp1 e time for the District to complete the proceedings before the dead1 ine of January 1, 1971. ti.&. Development Legal Counsel called attentjon to his report at the last meeting Coo Project that the H.B. Development Co. had dropped plans for their new was up for sale. On October 22, 1970, they sold the property and it is now in the hands of the Qcci dental Petroleum Land Development Co. , so there is a chance that the project may go ahead. ment proceedings with the Olivenhain District and they hope to get it development at the Poinsettia Interchange and that the property Squires Dam Nith regard to negotiations on the Dawson property, Legal Counsel in- Expansion formed the Board that he has only touched briefly with Mr. Tellum, her A1 1 i terns on the matter are being held until all of the legal documents have been corn pleted on the. property. The Manager reported that his office has now finished up a1 of the surveying and set up all of the monuments and flags on the site which includes a net area of 55.32 acres. A meetjng is being arranged with Mrs a Dawson for a fiel d trip so that she can be aware of the area which the District is considering for the project. La Costa Village Legal Counsel reported that the Brief by the Respondant for the Law Suit La Costa Vl'llage Suit was required to be filed by November 6, 197 Last week a call was received that they were desirous of seeking stipulation for securing an extension for filing the Brief. Legal Counsel felt it would be to the District's advantage to agree to a stipulation and, as of this time, the District has entered into a stipulation that they have until January 5, 1971 to file the Brief. I.D. No. 3 Legal Counsel informed the Board that he is looking into this matter Sinking Fund and a decision will be reached at the staff meeting scheduled for Attorney, to advise him of what the District is doing on the matter. - I next week. Accounting Officer: The Accounting Officer reported that the financial reports for the First Quarter of Fiscal Year 1970-71 have been prepared and distributed to Board Members and wi 11 be discussed as an agenda item later in the meeting. Superintendent's Report: The Superintendent reported that the planter box has been instal 1 ed at the Head- quarters Building and filled, and the sprinkler system will be installed next week. Routine maintenance work aEd cleanup are being done by the fiel d crew. There has been very little construction work in the La Costa area and work on the El Camino Real Highway Project has been centered around the Line "C" area. The lake level was reported at 499 feet and the District's water delivery from the Authority is now 14 c Manager Is Report: I El Camino Real The Manager reported that during the month of October the Don Highway Project Hubbard Contracting Company has been concentrating most of their work at the Kelly Interchange at Line I'C". A shutdown to tie in these facilities was made a week ago last Monday evening and the 1 ine went back into service at noon on Tuesday. The District experienced a few problems in making this shutdown and the Manager has asked for reports from the District Superintendent and Assistant Engineer, John Pierce, from his office to try to strengthen our procedures so we won ' t have to have so much down time. The major problem encountered during this operation was the condition of allowing enough time or having two full crews for we1 ding. Progress Payment The Manager presented for approval Progress Payment No. 5 for No. 5 the Don Hubbard Contracting Company covering work performed during the month of October, 1970, listing total earnings due of $115,699.00, less retention and less previous payments, for a net amount due of $15,141.00. After discussion, upon motion of Director Mac Leod, seconded by Directol Palmer, and unanimously carried, the Board approved payment to Don Hubbard Contractit Co. in the amount of $15,141.00 for Progress No. 5 of the El Camino Real Highway Project. Meeting November 4, 1970 -2- .. The Manager reported that the State Highway bidding for this project is scheduled for tomorrow afternoon and information sheets on District's property have been sent out to 5 bidders and are now being handled over the counter. The District has also advised the City of Carl sbad that this portion of the highway project will be getting underway shortly and that arrangements should be made with Mr. and Mrs. Everett Robertson for a temporary water connection when that 1 ine is taken out of service. La Costa In accordance with Board action at the last meeting, final approval Subdivisions has been given on the La Costa Meadows Unit No. 1 Subdivision and the plans have now been signed. The proper agreements were signed and the bond turned in for the project, but the Developer did not have the cash immediately available to post the cash deposit of $4,000.00 for contract adminis- tration and inspection. At the request of the Developer the cash deposits on their other Subdivisions, now being he1 d by the District, were reviewed and an estimate made as to the refunds that would be returned on these projects. An assignment was obtained from La Costa on these funds and these will be retained by the District to cover the cash deposit for the La Costa Meadows Unit No. 1 Project. Formal action was requested by the Manager for acceptance of the completed water system facil i ties and exoneration of the performance bonds for the first three Units of the La Costa South Subdivision. After discussion, upon motion of Director Carmichael, seconded by Director Palmer, and unanimously carried, the Board author- ized the acceptance of the water facilities in La Costa South Unit No. 1 Sub- division, and ordered the exoneration of the performance bond on this project. Upon motion of Director Kelly, seconded by Director Mac Leod, and unanimously car- ried, it was moved that the District accept the completed water faci 1 i ties for La Costa South Uni t No. '2 Subdivision and notify the bonding company to exonerate the bond on this project. After discussion, upon motion of Director Mac Leod, sec- onded by Director Kelly, and unanimously carried, it was moved that the water sys- tem facilities for the La Costa South Unit No. 3 Subdivision be accepted by the District and that the Manager be authorized to exonerate the bond for this project. The Manager explained that the water systems for these Units which are involved with the 01 ivenhain Municipal Water District are now segregated out physically on the ground and after the 1 and-swapping proceedings have been completed , they wi 11 be transferred over to Olivenhain for ownership. The Manager reported that the master planning has been completed for the La Costa area and a report is being prepared on a meeting which was held with the San Marcos County Water District regarding a joint pipeline from the Aqueduct. Financial District Auditors, Mr. James Gaiser and Mr. Harold Hickey, arrived at Reports this time (3:30 P.M.) for discussion of the financial reports for the reports, Statement of Cash Receipts and Disbursements, Balance Sheet -- All Funds, and Statement of Revenues and Expenses. He explained that these reports were pre- pared by the District's Accounting Officer in accordance with their recommenda- tions, and will be submitted after this time on a regular monthly basis. After discussion, Mr. Gasier and Mr. Hickey left the meeting at this time (3:40 P.M.). Board Members wi 11 review the reports for the First Quarter and they wi 11 be di s- cussed in detail at the next regular meeting. Motor Vehicle The Manager reviewed a Memorandum directed to the Board of Direc- Program tors, dated November 1, 1970, on the Motor Vehicle Program for Fiscal Year 1970-71, summarizing the specific conclusions and de- tails of the program as discussed at the last regular Board meeting. Plans for an over-all maintenance program were also set forth, including routine inspections and checking procedures which will be in force under the supervision of the General Superintendent. After discussion, it was agreed that the District should proceed with this program as outlined by the Ranager in his memorandum. Other Matters: The Manager reported that regular staff meetings are now being he1 d on the Friday before each Board meeting and the District's Legal Counsel and Auditors wi 11 be joining the regular staff members at the next session. A reply has been prepared to the Department of Pub1 ic Health advising them that the District now has this matter under advisement. The District did receive an invitation from the Rainbow Municipal Water District to participate in a meeting of a1 1 of the North Country pub1 ic agencies which will convene on November 10, 1970 I First Quarter of Fiscal Year 1970-71. Mr. Gaiser reviewed the three I Meeting November 4, 1970 -3- . ,. . .. on the matter of filtration. A report has been received from the Board President that the gentlemen who was in- terested in the Calavera Lake area for a camper park several months ago is now negotiating with Colonel Robert Kelly for his property along Palomar Airport Road. Water The Manager reported that the rough water statistics for the month of Statistics October show a 36 acre foot loss on a total production of 926 acre tistical data prepared on the total charges to the City of Carlsbad for fiscal year 1969-70 show that the average cost of water to the City was $51.13 per acre foot. The Manager reported that penal ties in the amount of $450 .OO on the Edwi n Frazee accounts were waived after the matter was checked out and it was found that they were about three days late on their payment and have an excel lent payment record with the District. Correspondence: (1) Letter from Mr. Don Marti nson, Attorney at Law, regarding Publ i c Hearing telephone service in the North San Diego County area. Board Members were urged to review the factual documents enclosed and to use their faci 1 i ties to obtain "personal" attendance at the hearing on November 17, 1970, of publ ic officials, civic organizations, businesses, and residents. (2) Notice from IDA regarding 1970 Fa1 1 Convention scheduled for December 2-4, 1970, in Los Angeles, California. This matter will be taken up at the next meeti ng. (3) Letter from Mr. Randal 1 Mitchell , out1 ining his services and fees for publ ic meeting. President Maerkle stated that in view of the recent publicity it might be advisable to do some work on public information and that he had discussed the matter with Mr. Mitchell and asked that he submit this letter. Legal Counsel passed copies of one of the news releases from the Tri-City Hospital District as a sample of Mr. Mitchell 's work for that agency. After discussioT, upon motion of Director Palmer, seconded by Director Kelly, and unanimously Carrie?, it was moved that the District subscribe to the service for a six-month period under the terms outlined and accept his fee proposal of $250.00 per month Q A contract will be drawn up covering these services with an effective date of November 15, 1970, if he can meet that date. The Manager noted that funds for these services will be charged to the budget a1 1 ocation for Advertising and Promotion. Special Accounts Payable: I feet, or a loss of about 4% for this period. He noted that other sta- before the Public Utilities Commission on the matter of extended toll-free information work. Copies were distributed to Board Members prior to the I I The following special accounts payable were presented by the Manager for approval and action taken as recorded: (1) Upon motion of Director Carmi chael , seconded by Director Mac Leod, and unani- mously carried, the expense account for Director John Palmer covering his attendance at the Cal i forni a Special Districts Convention in Fresno, Cal ifor- nia was approved for payment in the amount of $114.25. (2) Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, the Board approved payment to the State Department of Water Resources of $190.00 as the Annual Dam Fee for Squires Dam. (3) Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously carried, payment was approved to the James M. Gaiser Company in the amount of $2400.00, as the audit fee for 1969-70. (4) Upon motion of Director Carmichael , seconded by Director Mac Leod, and unani- mously carried, payment was approved to Jack Y. Kubota, in the amount of $1,798.00 5 covering services of the General Manager's Office and for the El Camino Real Highway Project for the month of October, 1970. mously carried, the Board approved payment to Jack Y. Kubota, in the amount of $1,017.50 as the District's share of the La Costa Planning Study. (6) Upon motion of Director Mac Leod, seconded by Director Palmer, and unanimously carried, payment was approved to Jack Y. Kubota in the amount of $1,015.00 for surveying and engineering services in connection with the Squires Dam Expan- sion Project. (5) Upon motion of Director Carmichael , seconded by Director Mac Leod, and unani- Meeting November 4, 1970 -4- Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, of Checks and unanimously carried, the Board ratified Checks No. 4983 thru October 22, 1970 thru November 4, 1970. There being no further business to come before the Board at this time, the meet- ing was declared adjourned at 4:35 P.M. No. 5013, in the amount of $13,534.20, covering the period of D ATTEST : /“-. < , ”.. 3 ?X, i; @.-kG”/qcd / /7 Secretary of the Board of Directors D I Meeting November 4, 1970 -5- ~. . .