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HomeMy WebLinkAbout1970-11-18; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON NOVEMBER 18 , 1970 , AT 2:OO P.M. , AT 5780 EL CAMINO REAL , CARLSBAD, CALIFORNIA: I The meeting was called to order at 2:02 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, Mr. Randall Michell and Executive Secretary. Approval of After discussion, upon motion of Director Palmer, seconded by Di- Mi nu tes rector Mac Leod, and unanimously carried, the minutes of the regular meetings of October 21, 1970, and November 4, 1970, were approved as transcribed by the Secretary. Mr. Randal 1 Mi tchell was introduced to the Board as the new Pub1 i c Information Officer for the District. Commi ttee Reports : City of Correspondence from the Department of Housing and Urban Development con- Carlsbad cerning the investigation by their Legal Department on the matter of the their determination that the issue between the City and the District on duplication of facilities does not affect the terms of the contract and, therefore, under HUD'S policy they will take no official action on the matter. The District Manager will obtain a copy of the contract between HUD and the City and the District's Legal Coun- sel will make a legal determination on it and see if he agrees with HUD. The Manager reported that he had had a two hour session with the City Manager and City Engineer concerning a November 12 , 1970, letter from the City Manager regarding the discussions at the last Board meeting. At that time the City Engineer showed the Manager his set of plans of the facilities to be built as a part of the HUD Grant and two other sets of plans on other improvements to be built with pub1 ic funds and which developers will build to the City's specifications. The Manager informed the Board that his examination at this point indicates that there is no duplication on these plans. It was the Manager's recommendation, and has been agreed upon by the City , that a certification be executed by the City Engineer on a service area map that he has no plans for City improvements that is a duplication of faci 1 i ties in the District's service area. The Manager informed the Board that he feels this would be a final answer on the matter and is very optimistic that there is a basic understand- i ng now between the City and the District. Legal Counsel reviewed the minutes of the Board meeting of February 7, 1968, at which the pact was made between the City officials and the District on the HUD Grant and the 'letter which was submitted by the District to HUD in support of the City's appli- cation. In reviewing the map and service area which former City Engineer Lill had certified, it was pointed out that the proposed 1 i ne across the Kelly property has been dropped for the present time from the HUD application but the City is talking about bringing it back. Director Kelly called attention to the City's plans for a park strip over this channel area which might change the boundary of the service area but the Manager explained the intenticn is that the boundary 1 ine will be the channel line wherever a't is. After further discussion, it was decided that the Manager will get this map certified by the Ci ty Engineer as recommended, and wi 11 then communicate with HUD that we have settled the issue. San Diego County Director Kelly reported briefly on the regular meeting of the Water Authority Authori ty Board of Directors. California Special Following up on the discussion at the last meeting, the D-e'stri cts Association Manager reported that he has checked the informati on as to $50.00, plus 204 for each $1,000 of current operating budget. Based on the District': current budget, exclusive of capital outlay items, the membership fee would be $72.60 After discussion, upon motion of Director Palmer, seconded by Director Carmichael 5 anc unanimously carrieds it was moved that the District join the California Special Dis- tricts Association the 1st of January, 1971. A resolution on this action wi 11 be a- dopted at the next meeting. City of Carlsbad's Federal Grant was reviewed by the Manager. It was I I membership in this organization and the fee appears to be Carlsbad Chamber Director Palmer reported on his attendance at the regular meet- of Commerce ing of the Chamber of Commerce. Legal Counsel : 1 La Costa Legal Counsel advised the Board that a resolution must be adopted to Detachment hold a public hearing on the detachment of the property that is now in the Olivenhain District. A large portion of these lots have been sold by La Costa and the detachment is now involved with approximately 100 property own- ers who will be sent copies of this notice of hearing. Resolution Legal Counsel presented a resolution entitled "A RESOLUTION OF THE BOARD No. 258 OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT INITIATING PROCEEDINGS CALIFORNIA INITIATING PROCEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM CARLSBAD MUNICIPAL NATER DISTRICT WHICH TERRITORY IS NOW INCORPORATED WITH OLIVENHAIN MUNICIPAL WATER DISTRICT (LA COSTA DETACHMENT)". After discussion, upon motion of Director Mac Leod, seconded by Director Palmer, the said Resolution numbered "258" was adopted by the fol 1 owing vote: PURSUANT TO SECTION 56310 OF THE GOVERNMENT CODE OF THE STATE OF AYES : DIRECTORS : Carmi chael , Kel ly , Mac Leod, Maerkle, Palmer NOES : DIRECTORS : None ABSENT : DIRECTORS : None Morth Carlsbad Legal Counsel reported that he had talked to the Oceanside City Detachment Attorney this morning regarding the Morth Carlsbad Detachment which The City of Oceanside is making every effort to complete the proceedings by the first of the year, Legal Counsel informed the Board, but at this time it is somewhat ques- tionable as to whether it is physically possible to cover all of the points that must be completed to get the matter through. In order to meet the legal time sched- ule, the District may have a request from the City of Oceanside that the District have a special meeting on December 23, 1970, to take action on this detachment. Legal Counsel recommended that the District offer to cooperate in any way possible to get these proceedings through. Audi t In regard to the letter of recommendations from the Auditor, Legal Recommendations Counsel reported that a conference was he1 d at the District Office books were gone over on the Sinking Fund and are satisfactory for the segregation of these monies. An information file will be set up showing exactly what funds are in the Sinking Fund for I .D. No. 3 and where they are invested. Legal Counsel informed the Board that the Staff has reviewed a1 1 of the points in the 1 etter of recommenda- tions from the Auditor and they have all been resolved and taken care of. Water Legal Counsel called attention to a news announcement establishing the Fil trata'on responsibility of the Metropolitan Water District to construct the fi 1 - is now before the Local Agency Formation Commission for approval. I 1 ast Friday with the Accounting Officer and the Auditors .. The tration plant at the Auld Val ley Reservoir to serve member agencies. Accounting Mrs. Simpson reported that the regular monthly reports for the month of Officer October are now being prepared and will be submitted to the Board at the next meeting. 1 Inactive Funds The Manager reviewed the report on inactive funds and explained Report that the Treasury Bills that matured this past week were reinvested for 18 days so that these I.D. No. 3 Sinking Funds will mature on November 30, 1970. A time deposit of $120,000.00 wi 11 also mature on this date and this will allow the Treasurer to invest the total balance of the Sinking Fund, $72,400.00, in one specific investment. Authorization was also requested for the re- investment of a minimum of $50,000.00 of the proceeds from the time deposit. After discussion, upon motion of Director Palmer, seconded by Director Carmichael , and unanimously carried, the Board ratified the investment for 18 days of the $50,000.00 maturing on November 30, 1970, at a 4.70 yield, and the Treasurer was authorized to proceed with the investment of the inactive funds. General Manager: El Camino Real The Manager reported that currently the Contractor is trying to Highway Project finish up the Line "C" Vault and wi 11 be moving a1 ong to other Meeting November 18, 1970 -2- .. I .. I areas of the project. The State and County will be awarding the contract this week for their portion of the job but it is not planned to start work until approximately January I, 1971. The Manager wi 11 get their time schedule and dovetai 1 it in wi th what our Contractor, Don Hubbard Contracting Company, has to do, so that a time ex- tension on the job can be worked out. The Manager called the Board’s attention to the fact that with the awarding of the contract by the State, the inspection will come under the jurisdiction of the State and their regulations. For those portions of the District’s project where the compaction requirement will be increased from 90% to 95% under State regulations, the Manager expects that the issue will arise and a change order for the extra expense involved will have to be negotiated with the Contractor. At the request of the County of San Diego, the Manager has asked the Contractor to submit an estimate on a time and material basis for a change order to remove the pipe in the area of the Agua Hedionda Creek crossing. After discussion, upon mo- tion of Director Carmichael, seconded by Director Palmer, and unanimously carried, the Manager was authorized to negotiate a change order for the removal of the pipe at the Agua Hedionda Creek Vault, with the County to reimburse the District for these expenses. La Costa All proceedings for La Costa Meadows Unit No. 1 Subdivision have Subdivisions been completed, the Manager reported, and one meeting has been held with the Developers on Units No. 2, 3 and 4, with another scheduled for Friday. Their time schedule is moving a1 ong very rapidly and we have a proposal for construction water which will involve negotiating a deal with the San Marcos County Water District, like the District had with Mr. Kat0 in that area, until they bui 1 d their permanent faci 1 i ties, the Manager informed the Board. Squires Dam The Manager reported that his Assistant, Mr. John Pierce, had a con- Expansion ference wi th Nrs . Dawson in the field and she is agreeable with our surance report has been received on the property involved and the matter has now gone to her Attorney, Mr. Tell um. del ineation of the property boundaries. The prel iminary title in- 1 Squires Dam The Manager reported that Mr. Jack Schustra, who was with the firm of Piezometer Converse-Davis when the District contacted the firm on the Squires Sys tern Dam piezometer system, has now left that organization and is affili- ated with FUGRO. The District has now commenced negotiations wi th that firm and Mr. Schustra has just submitted a proposal. The Manager wi 11 have a report on this matter at the next meeting. District The Manager informed the Board that he has been working with the Legal Vehicles Counsel on the matter of disposal of our surplus vehicles. The Superin- tendent has also prepared the specifications for a new 1/2 Ton Truck and the District wi 11 be asking for informal bids on this vehicle. City of Legal Counsel relayed a suggestion from Special Legal Counsel Martinson Carlsbad that the Board should consider whether the District would 1 i ke to make plan to spend some time on this matter as it can be arranged at the next few meetings Office The Manager reported that the planter has now been pl anted and the staf Renovation will be putting the material together for the painting and decorating o the interior. The staff has requested that the District get some pro- fessional advice on color coordinating the interior decoration of the bui 1 ding. The Manager has contacted Mrs. Pat Martinson and asked if she would consider it. At the suggestion of Director Carmichael , a 1 oca1 interior decorator, Mrs. Norma Bowers, wi 1 also be contacted regarding her services. Audit Services The Manager presented a proposal from the James Gaiser & Company an offer to the City for the operation of the system. The Board will I 1970-71 audit firm setting forth their schedule of fees for audit services for fiscal year 1970-71. He informed the Board that this has been reviewed at a staff level and the maximum amount quoted of $2400.00 is the same as for the services just completed. After discussion, upon motion of Director Carmichae seconded by Director Palmer, and unanimously carried, it was moved that we accept his fees and engage the James M. Gaiser & Company at a total fee not to exceed $2400.00 for the annual audit for the period ending June 30, 1971. Meeting November 18, 1970 -3- .. ,. The Manager explained that the second proposal relates to the avail abil i ty of the firm to provide specific services outside the scope of his audit. This fee sched- ule will be kept on file with the understanding that this schedule will prevail if the District should have some specific project to be done. Other I tems : The Manager reported that word has been received that plans for the mobile home park on the Mc Reynol d's property are moving ri ght a1 ong . At this time, the District has received no formal word from the Authority or Metro- pol i tan Water District that they wi 11 serve the filtered water from the Auld Val ley Plant, but when this information is received a letter will be drafted to the State Department of Public Health in answer to their recent letter on the matter. As an information i tem the Manager reported that the District has received an in- quiry from the San Diego Gas and Electric Company that they propose to buy a1 1 of the property from Irwin Kel ly in the Macareo Canyon area. Water Water statistics for the first half of November were reviewed by the Statistics Manager showing a loss of about 4yL. The Manager explained that be- ti sti cs , he has asked the staff to dispense with the middle of the month readings. Correspondence/Announcements: The Manager reviewed a letter from the Special Districts Advisory Comrri ttee from the Local Agency Formation Commission regarding representation by special districts on the Local Agency Formation Commission Board. In addition to the correspondence, there is an Advisory Committee meeting for special districts to be held November 24, 1970, and they have asked that the District's representatives Director Kelly and Manager Kubota give some indication as to the Board's feeling on speci a1 districts being represented on the LAFCO Board. After discussion, upon motion of Director Mac Leod, seconded by Director Palmer, and unanimously carried, it was moved that the Board instruct the Manager and Director Kelly to attend this meeting and vote in favor of special districts being represented on the LAFCO Board. Superintendent's Report: The Superintendent reported that the grading operation for La Costa Meadows Unit No. 1 Subdivision is moving right a1 ong. The Contractor is a1 so working on the widening of Alga Road north from Alecante Road and is getting ready to pour the curbs. The District has scheduled the testing of the 12' line that Hubbard Con- tracti ng 1 aid with the El Cami no Real Highway Project for next week. This 1 ine wi 11 then be turned into the District's system. Preparations are also being made for a shutdown of the Authority Aqueduct in two weeks. The level at Squires Dam was re- ported at 499.7 feet, with water delivery at 14 cfs. Correspondence/Announcemen ts (Con ti nuati on) (1) Refund in the amount of $102.87 from the State Compensation Insurance Fund for (2) Announcement from County Planning Department regarding adjustment of boundaries (3) Communication from the Irrigation Districts Association regarding an anti-trust cause of the time and expense involved in getting the ha1 f month sta- I calendar year 1969. between the Oceanside School District and Carl sbad School District. suit involving concrete meter boxes. District records have been checked on this item but the total amount purchased doesn't warrant the District getting in- volved in this suit. Authori ty . I (4) Copy of the annual financial report submitted by the San Diego County Water IDA Fall After discussion, upon motion of Director Mac Leod, seconded by Direct- Convention . or Palmer, and unanimously carried, it was moved that Director Carmi chae be authorized to attend the IDA Convention in Los Angeles, December 2-4, 1970, at the request of the Board and represent the District at this function. Meeting November 18, 1970 -4- Finances : Special Accounts Payable: Upon motion of Director Palmer, seconded by Director Mac Leod, and unanimously car- ri ed, paymen t was approved to Farmers Insurance Company in the amount of $373,70 , covering the additional premium on District vehicles and the premium adjustment on the basis of the annual audit. Upon motion of Director Mac Leod, seconded by Director Carmichael , and unanimously carried, payment was approved to Paul S. Swi rs ky , in the amount of $42.00 , for extra legal services during the month of October, 1970. Upon motion of Director Carmichael , seconded by Director Mac Leod, and unanimously carried , payment was approved to Paul S. Swi rs ky in the amount of $85.50, covering extra legal services performed during the month of September, 1970. Ratification After discussion, upon motion of Director Palmer, seconded by Di- of Checks rector Mac Leod, and unanimously carried, the Board ratified Checks No. 5014 thru No. 5071, in the amount of $81,745.87, covering the period of November 4, 1970 thru November 18, 1970. There being no further business to come before the Board at this time the meeting was declared adjourned at 4:46 P.M. I ATTEST : r C6 I 92 C": Ai ;, &5Fs*&J,. Secretary of the Board of Directors I Meeting November 18, 1970 -5-