HomeMy WebLinkAbout1970-12-16; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT HELD ON DECEMBER 16, 1970, AT 2:00 P.M., AT 5780 EL CAMINO REAL, CARLSBAD, CALI FORNIA:
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The meeting was called to order at 2:00 P.M. by President Maerkle with Directors Carmi chael 3 Kelly , Mac Leod and Palmer answering roll call . Also present were General Manager Kubota, Legal Counsel Swirsky, Superintendent Henley, Public Rela- tions Consultant Randall Mitchell (2:05 P.M.) and Executive Secretary.
Approval of Upon motion of Director Palmer, seconded by Director Maerkle, and Mi nu tes unanimously carried, the minutes of the regular meeting of December 2 , 1970, were approved as transcribed and mai 1 ed out by the Secretary.
Pub1 i c President Maerkle announced that this is the time and place fixed by Hearing the Board of Directors of Carl sbad Municipal Water District for a pub-
La Costa lic hearing for any interested person to present any evidence for the Detachment consideration of the Board of Directors of Carlsbad Municipal Water District on the proposed "La Costa Detachment". He then out1 ined the general procedure to be foll owed in conducting the hearing.
Legal Counsel Swi rs ky was then cal led upon to present testimony in reference to authority and jurisdiction for the hearing. He testified that on November 18, 1970, the Board of Directors adopted Resolution No. 258, initiating proceedings for the detachment of territory, which was duly posted and notices sent to the property own- ers. Permission for this detachment was requested from the Local Agency Formation Commission by Resol ution No. 244 , and by resolution adopted by LAFCO in December ,
1969, permission was granted. The District then adopted Resolution No. 257, re- questing the San Diego County Water Authority's consent to this detachment. On December 10, 1970, the Authority, by adoption of Resolution No. 1191, consented to this exclusion of territory.
1 The following documents were submitted by the Legal Counsel and constitute a part of the record of these proceedings:
(1) Declaration of Service by Mail , executed by Audrey E. Plante, stating that certified copies of Resolution No. 258 were mailed on November 19, 1970, to the San Diego County Water Authority, the Olivenhain Municipal Water District, the Metropol i tan Water District , the C1 erk of the Board of Supervisors and the
Executive Officer of the Local Agency Formation Commission. (2) Affidavit of Posting executed by Paul S. Swirsky stating that on November 18, 1970, a certified copy of Resolution No. 258 of Carlsbad Municipal Water Dis- trict was posted on the door of the Board Room of Carlsbad Municipal Water District at 5780 El Camino Real, Carlsbad, California.
November 28, 1970, certified copies of Resolution No. 258 were mailed to all local newspapers and to all the owners of real property as shown by the County Assessor's roll. (4) Affidavits of Publication from the Carlsbad Journal certifying that Resolution No. 258 was publ ished on November 26 , 1970, December 3, 1970, and December 10, 1970.
(3) Declaration of Service by Mail, executed by Audrey E. Plante, stating that on
Legal Counsel reported to the Board that the District has received no written commun- ications in reference to this detachment , nor have any written protests to the pro- ceedings been received.
The District Manager-Engineer, Jack Y. Kubota was then call ed upon to present testi- mony on his findings and recommendations and to review the annexation map. Using a display map, he described the proposed detachment and stated it is for properties located in the higher ground of the La Costa South Subdivision boundaries which can be more adequately served by the 01 i venhain Municipal Water District of whi ch they are a1 ready a part of. He explained that the present water system as it is now 1 aid out can serve the lower lands of the golf course but the high ground on the south site of our boundary from a water pressure standpoint is pretty grim, and this is the reason that the Staff has recommened this to the Board.
President Maerkle asked if any other party desired to testify at this time. He then asked if there was any further evidence to be presented by any party at this publ ic hearing. Hearing ncne, he declared the publ i c hearing closed and asked for Legal Counsel 's recommendation for future action.
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Resolution Legal Counsel then presented a resolution entitled "A RESOLUTION OF No. 259 THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ORDERING THE DETACHMENT OF CERTAIN TERRITORY DESIGNED LA COSTA DETACHMENT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT PURSUANT TO SECTION 56322 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA". After discussion, upon motion of Director Kelly, seconded by Director Palmer, the said Resolution numbered "259" was adopted by the foll owing vote:
I AYES : DIRECTORS: Carmichael , Kelly, Mac Leod, Maerkle,
NOES : DIRECTORS : None
ABSENT : DIRECTORS : None
Palmer
City of The Manager called the Board's attention to a communiciation received by Carlsbad all of the Board Members from the City Manager by letter dated December 7, 1970, regarding the status of the affairs between the two agencies on the HUD matter. As a matter of importance to the Board, the Manager reported that at
a meeting in San Diego, the Assistant City Engineer announced to the group of the San Diego County Road Department that the City is going ahead and lay another line across El Camino Real which would duplicate the District's 8-inch line in Calavera Road. Th matter was brought to Mr. Arnold's attention but he knew nothing about it. The Manag informed the Board that the service area map and certification which the City had a- greed upon as a matter of procedure have not been returned. If these documents are n returned, the District shall be making a progress report to HUD and wi 11 ask for a co of the contract so we can review the legality.
Legal Counsel again brought up the matter of the possibility of there being some stud and offer from the CMWD to the City of Carlsbad in reference to their water system. pointed out that at the LAFCO hearing on the Escondi do annexations within the Rincon Del Diablo District, the City of Escondido made a written offer to Rincon in referenc to operating their system and paying for bonds. This was a pertinent point at the he
ing, even though they had not had an opportunity to review it. After discussion, Pre ident announced the appointment of a Committee consisting of Legal Counsel Swirsky, Manager-Engi neer Kubota, Auditor James Gai ser and Di rector Carmi chael .-from the Di s tri Board to make an evaluation and offer regarding the District taking over the operatic of the City Water Department. Upon motion of Director Mac Leod, seconded by Director Palmer, and unanimously carried, it was moved that Mr. Gaiser be paid for any extra time spent on this study in accordance with his proposal for specific services outsic the scope of his audit. After discussion on the possibility of including Special Le$ Counsel Marti nson in the first session of the Commi ttee, upon motion of Di rector Paln seconded by Director Carmichael , it was moved that the Committee be empowered to get any extra help that they might deem necessary. With the consent of the Second, the n tion was amended to include a limit of $100.00, and unanimously carried.
Cal i forni a Speci a1 Legal Counsel presented a resolution authorizing membership Districts Association in this organization and explained that the Board is require
leges. Under this resolution the Board President and Secretary have been appointed, but if someone else attends, the Board could then adopt a resolution authorizing the delegate to vote.
Resolution After discussion, upon motion of Director Carmichael, seconded by Direc No. 260 or Mac Leod, Resolution No. 260, entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING MEMBERSHIP 1 THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION: APPOINTMENT OF REPRESENTATIVE THERETO' was adopted by the following vote:
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to set forth authorized party who is to have voting pri vi -
I AYES : DIRECTORS: Carmichael 9 Kelly, Mac Leod, Maerkle,
NOES : DIRECTORS : None
ABSENT: DIRECTORS: None
Palmer
After discussion, upon motion of Director Mac Leod, seconded by Director Kelly, and unanimously carried, the Board authorized the payment of $72.51 to the California Speci a1 Di stri cts Association as annual dues for calendar year 1971.
Chamber of A report was made on the attendance of Directors Carmichael and Mac Lec Commerce at the Carlsbad Chamber of Commerce Installation Dinner which was held at the Twin Inns on December 8, 1970.
Meeting December 16, 1970 -2-
Publ i c Publ ic Relations Consultant Randall Mitchell reported that two news re- Re1 ations leases have gone out, one on his appointment with the District , and the
Convention. He also reported that in the interim since the last meeting he did tal k with several members of the press and spent some time with representatives of "the Carlsbad Journal , Mr. Stan Manning and Mr. Gary Mortenson. At that time, they went
over some possible stories the Carlsbad Journal might be interested in and discussed arrangements for a tour of the District after the first of the year. Contact has also been made with other media and Mr. Mitchell indicated that releases will be made periodical ly on District activities. He requested suggestions from the Board as to the type of pub1 i city they desi re.
I rri gati on Districts Director Carmichael reported on his attendance at the Association Convention Irrigation Districts Association Convention which was held
other regarding the attendance at the Irrigation Districts Association
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in Los Angeles on December 2-4, 1970.
Legal Counsel :
La Costa Legal Counsel reported that La Costa is moving right along with their La Meadows Costa Meadows Development and are trying to get these matters before the Local Agency Formation Commission meeting in January. It was his recom- mendation that the District accept the boundary adjustment plan which was out1 ined by the Manager at the last meeting and adopt the necessary resolutions for LAFCO approva It was noted that the annexation comprises 41 acres which wi 11 be detached from the Bueno Colorado Municipal Water District and a total of 11 acres will be involved in the detachment from the CMWD.
Resolution After discussion, upon motion of Director Carmichael, seconded by Di- No. 261 rector Kelly, Resolution No. 261, entitled "A RESOLUTION OF THE BOARD
FOR THE ANNEXATION OF TERRITORY TO SAID DISTRICT AND ASKING APPROVAL OF LOCAL AGENCY
FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO", was adopted by the following vote:
OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT MAKING APPLICATION
I AYES : DIRECTORS : Carmi chael , Kel 1 y , Mac Leod, Maerkl e ,
NOES : DIRECTORS : None ABSENT : DIRECTORS : None
Palmer
Resolution After discussion , upon motion of Director Palmer, seconded by Director No. 262 Mac Leod, Resol ution No. 262, entitled "A RESOLUTION OF THE BOARD OF
THE DETACHMENT OF TERRITORY FROM SAID DISTRICT AND ASKING APPROVAL OF THE LOCAL AGENC FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO", was adopted by the following vote:
DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT MAKING APPLICATION FOR
AYES : DIRECTORS 2 Carmi chael , Kel ly , Mac Leod , Maerkl e
NOES: DIRECTORS: None ABSENT : DIRECTORS : None
Palmer
La Costa Legal Counsel reported that the certification of completion for the La Annexation Costa Annexation was signed on December 4, 1970, and was executed by the Secretary of State on December 9, 1970 and is now being recorded.
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LAFCO Pursuant to the directions of the Board, Legal Counsel reported that he Mee ti n g and the Manager attended the LAFCO meeting on December 7, 1970, Two important points from this meeting were called to the Board's attentior First, the Commission adopted the resolution in reference to setting a hearing in cor nection with AB1155, so that under the law they will have to have a meeting of the presiding officers within 35 days, probably on January 11, 1971. The second point 01 interest involved the Commission overruling the Staff's recommendation and approving four Annexations by the City of Escondido all of which were in the primary service area of the Ri ncon del Diabl o District, as set forth in their previous agreement. Ti Manager reported that he had talked to the LAFCO Assistant Executive Officer, Skip Schmidt, and he is very concerned with the action of the Commission, as it is abso- lutely contrary to the Board policy, and they intend to go back to the full Commissic with the matter.
Meeting December 16, 1970 -3-
Squires Dam Legal Counsel reported on the first conference on negotiations for Expansion the acquistion of property for the Squires Dam expansion which was
Tel lam. A memorandum was drawn up on the points involved in the discussions and the responsibility for following through on the points to be developed. Mrs. Dawson' asking price for the property is still $3,000 per acre and there was no discussion on a price adjustment at this time. Another meeting will be scheduled after the Manager has worked out the boundary alignment and completed preliminary negotiations for the dissolution of the existing easements and establishment of new easements.
Legislation Correspondence from the Irrigation Districts Association regarding
will be discussed later.
Office Proposals for the furnishing of carpeting and draperies for the offices Renovation were reviewed by the Board and materi a1 samples and colors were dis-
by Director Palmer, and unanimously carried, it was moved that the District accept th
proposal of Sears, Roebuck and Company for the furnishing of carpeting at $800.28, an draperies at $474.00, for a total price of $1,274.28.
A recess was called at 3:50 P.M. and the meeting was resumed at 4:OO P.M.
Superintendent ' s Report:
held on December 3, 1970 with Mrs. Dawson and her Attorney, Mr.
I the new Watson Amendment will be reviewed by the Board and the matter
cussed. After discussion, upon motion of Director Mac Leod, seconded
The Superintendent reported that the Contractor is continuing the grading operation i the La Costa Meadows area and storm drains are being instal led. Telephone and T.V. cables are being laid in the La Costa Valley Unit No. 5 area.
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The fieid the Santa been made
crew has been doing regular maintenance work and the repairs on the 1 eak at Fe Reservoir were completed during the Authority shutdown. Repairs have on a leak which was detected in the 18-inch main at "D" Reservoir, and on a gate valve between the corner of Pal omar Airport Road and Davies Vault which was leak
ing due to corrosion. The level at Squires Dam was reported at 500.1 feet with water delivery at 5 cfs.
General Manager's Report:
E1 Camino Real - Pipeline Project: The Manager reported that Don Hubbard is moving Project right along on the pipeline project and is doing all of the crossing before work is commenced on the highway project. District represen- tatives, Jack Kubota, John Pierce, John Henley and Don Hubbard attended a preconstruc tion conference last Wednesday for the El Camino Real Highway Project with the con- tractors for the project, Griffith Company and Suket-Coulson. Plans call for con-
struction on the project to commence right after the first of the year. The contract has moved his construction office trailer in today and they are making arrangements f water and sewer service. A letter of agreement covering the terms and conditions on the use of this site is being prepared by the Manager.
Robertson A temporary connection has been installed for the Robertson residence an Service the City has advised Mr. Robertson that they wi 11 provide temporary ser- vice for his property.
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The Manager informed the Board that there is s ti 11 pending the $5,000 contribution from, the City of Carlsbad for the Laguna Riviera connection and the District has re- ceived a counter offer from them. They have asked if the District would consider a 1 ump sum amount of $4,000.00 and the Manager explained the financial arrangements for this facility and informed the Board that he would like to see the issue resolved. After discussion, no decision was reached on the matter and it will be discussed fur- ther at the next regular meeting.
La Costa As a matter of information, the Manager displayed the improvement pla Subdivisions for the La Costa Meadows Unit No. 2 Subdivision which is now in the hands of the District for plan checking.
Northside Trans- The Manager reported that a letter has been received from the Cit mission Main of Oceanside advising the District on their official action on pa ticipation in this project. The District has also been advised b the Vista Irrigation District that their staff are evaluating this project and will make a report to their Board at their meeting of December 22, 1970. After that meeti a decision will be reached regarding their participation in the joint pipeline.
Meeting December 16, 1970 -4- ..
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Piezometers The Manager informed the Board that he has not been able to try to
piezometer system at Squires Dam and will get it to the Board for the next meeting.
Office Proposals for the painting of the interior of the Headquarters Build- Renovation ing were reviewed by the Manager as follows: W. Alley, $1,163.85; Vercel To1 les , $985.00. After discussion , upon motion of Director Carmichael , seconded by Director Mac Leod, and unanimously carried, it was moved that the District award the painting contract to Mr. Vercel Tolles on his proposal of $985.00.
Other I tems :
work out a revision of their proposal on the refurbishing of the
The Manager reported on the following items:
The annual payment on the San Marcos Pipeline has been received from the San Marcos
County Water District. The Board discussed the possi bil i ty of obtaining water throug this line under the contract for the La Costa Meadows project. The Manager will look into having the agreement amended to permit such del ivery.
Arrangements have been made with the San Diego Gas and Electric Company for the land- scaping program at the La Costa Reservoir. They will grade out thefr substation site and we will landscape the area together, the,Manager reported.
A new water .service has been ordered out by Mr. Ralph Palmer for his Carlsbad Indus- trial Park to the north of the District office. Negotiations are sti 11 underway with the City on this subdivision.
In accordance with Board action , water storage was ordered from the Authority to brin the District's storage up to 1500 acre feet , and a total of 496 was placed against th District's account'during the month of November, 1970.
I A new refuse disposal area has just been opened up by the County of San Diego off El Camino Real and the District wi 11 be working with the County and refuse people for a new service on that side of the road.
The Manager requested the Board's feeling on a kind of working agreement with the Cit where we serve the water to the mobile home parks where the District will put the ser ice charge for the sewer on our bi 1 lings. The Board indicated their wi 11 ingness to provide this service and the Manager and Legal Counsel will work out a simple agreeme to cover this procedure.
Correspondence: (1) Packet from the General Manager of the San Diego County Water Authority regardin filtered water service in Aqueduct No. 3. The Manager will review this careful1 with the City of Carlsbad at a staff level and will make a report back to the Board.
Purchase Orders: The following quotations for the purchase of a 1971 Model Pi ck-up were reviewed by the Manager: Harloff Chevrolet - $1,620.77; Vince Dixon Ford $1,684.12; Wayne Gossett Ford - $1,675.25; Weseloh Chevrolet - $2,779.36, less trade- in - $1,225.00. After discussion, upon motion of Director Palmer, seconded by Di- rector Kelly, and unanimously carried, it was moved that the District accept the quo- tation of Wayne Gossett Ford in the amount of $1,675.25. The Manager will also look into the possibility of installation of half-ton truck bodies on this vehicle.
Accounts Payable:
I Upon motion of Director Carmichael , seconded by Director Mac Leod, and unanimously carried, the Board approved payment to the Carlsbad Journal in the amount of $42 .OO for legal advertising.
Upon motion of Director Carmi chael , seconded by Director Mac Leod, and unanimously carried, the Board approved payment to the Carl sbad Journal in the amount of $186.00 for 1 egal adverti sing .
Upon motion of Director Mac Leod, seconded by Director Palmer, and unanimously car- ried, the Board approved payment to the firm of Swi rs ky and Sauer in the amounts of $74.60 and $22.07 , covering legal services in connection wi th the La Costa Annexation
Meeting December 16 , 1970 -5- .. ..
Personnel The Manager presented for approval the overtime pay for the fourth quarter of 1970, October 1, 1970, thru December 11, 1970 as follows: J.Henley, $438.92; Raymond E. Nance - $356.25; Michael Temple - $34.30; Mary Dennis - $104.98; Wilda F. Simpson - $142.35. After discussion, upon motion of Director
Palmer, seconded by Director Mac Leod, the Board approved payment of the over- time pay schedule as submitted.
Ratification Upon motion of Director Palmer, seconded by Director Mac Leod, and of Checks unanimously carried, the Board ratified Checks No. 5086 thru No. 5128 in the amount of $36,048.70, covering the period December 3, 1970 thr December 16, 1970.
There being no further business to come before the Board at this time, the meeting wa declared adjourned at 5:05 P.M.
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ATTEST :
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G-:’‘....., 6 L-.“ cZ;”---”’
Secretary of the ‘ioa;d:f krect
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Meeting December 16, 1970 -6-