HomeMy WebLinkAbout1971-02-11; Municipal Water District; MinutesMINUTES'OF CITY OF CARLSBAD-CARLSBAD MUNICIPAL WATER DISTRICT JOINT COMMITTFE
CONFERENCE HELD ON FEBRUARY 11, i971, AT 8:00 A.M., AT DISTRICT ADMINISTRATION
CENTER, 5780 EL CAMINO REAL, CARLSBAD, CALIFORNIA:
The metting was called to order at 8:10 A.M. with Director Carmichael serving
as Chairman of the Committee. In attendance were the [ollowing Committee
Members representing the two respective agencies:
Glenn McCoiTias, Vice Mayor Wi Uiam CarmichaeJ , Director
Robert Watson, Chairman of Water Paul S. Swirsky, Legal Counsel
Improvement Committee
Lewis Moe, City Attorney James M. Gaiser, Auditor
Jack Arnold, City Manager jack Y. Kubota, General Manager
Wilda F. Simpson, Secretary
The Chairman opened the meeting and announced that the Committee would be
following the agenda prepared by the staff, with Jack Kubota serving as
Secretary Pro Tem., and suggested that tiie discussions be conducted on an
informal basis. He then called upon District Legal Counsel Paul Swirsky, to
brief the group on the basic purposes oi this study and areas of investigation
needed to develop a proposed operating agreement.
Mr. Swirsky explained that the meeting was called primarily to try to develop
the tasks at hand and to assign individual responsibilities for getting the
information that everybody needs. It was also planned to review the draft-
outline of the study to be conducted by the District.
In the absence of an official written communication from the City of Carisbad
on the appointment of the Committee, City Manager Arnold reported that the City
Council did accept the District's suggestion on the study -jn<.i is agreeable lo
the Committee and staft working with ihe District on this ba.si s .
Vice-Mayor McComas, in outlining the City's position, stated that they ciw.t to
listen primarily and assumed on the basis of the District's correspondciicc th-u
there was a proposal to be considered, in what detail, they weren't sure. They
were under the assumption that the CMWD wa.? prepared to come up with a proposal
as to how this arrangement would work, how the bonded indebtedness wouli'- bc trons>-
ferced, if it were to be transferred, and what wo are talking about in lunding,
budgets, personnel, etc. Mr. Swirsky explained that there is no opeian'ng agree-
ment in detail at this time and that the reason ior establishing the nine points
in the study outline was to help in evaluating the operation and cumpLlirig ^.h^'
information needed to work up a detailed agreement. The only thing that the Water
District has done up to this point was to appoint the original Committee which
met and discussed the possibility of working out .i type of operating agreement
based on an evaluation of both operating systems, with no buying and selling oC
asse ts, e tc .
Director Carmichael pointed out that the District has the authority to perform
other community services such as fire protection, sewer service and retuse collec-
tion, but the position of the Board and staff has been that the local governments
are doing such a fine job in those fields thot the District should not get in-
volved and, therefore, is only concern<'d with water service. Ile also btwught up
the anticipated increase in water coats, starting in 1973, wlvn the fiircted water
is brought in from Northern California, which will require both the District and
the City to increase their rates to tlu.- consumer. The possibility that there
should be a uniform water rate throughout the District was .i I so mentioned.
Robert Watson.stated that his understdnding is that the proposal would involve the
CMWD retailing all of the service.'^ neci.-ssary to bring water to the consumer. It
would take over all the day-to-day tasks, setting of meters, reading of meters,
installation of lines, etc., which are involved in rhe tntiro operation of the
water system. This would leave thvi City of Carlsbad with just its own monetary
concerns as it deals with bonds ami monthly accuunring betwec-n th'^ City and CMWD,
and beyond that point all of the rest of the services to bring water to the consumer
would be handled by one entity, the CMWD. Director Carmichael explained that the
District would plan to assume all of the personnel in the Water Department and
go on as is.
Legal Counsel Swirsky explained that this study would be comparable with the study
done by the City of Carlsbad on the Leucadia annexation proposal and the Committee
does not want to get into any unit cost comparisons on the financial transactions,
personnel, billing operation, etc.
Mr. Watson described the dilemma the City is facing as water needs are increasing
and costs are rising and as they are passed on down and rates are increased to
the City, the City must in turn raise its rates to the individual consumers. He
explained that the City is presently selling 1.2 Million Dollars in bonds, and in
order to sexrvice those bonds and carry on its system and needs of that system
even beyond those improvements, the City will require additional funds. While the
City is refurbishing some very badly needed portions of the system under this bond
program, it still is in a position where it has many, many needs in terms of im-
proving its system. The City finds itself without areas of new business or any source
for additional revenue, he pointed out, and is ultimately going to find itself in
a position of raising the rates again, possibly one, two or three times to cover
the cost of doing business. When this happens, he stated, we are going to find
the citizens in the high density area of the City in a very demanding position and
they will want to have answers on the costs of operation. It was his feeling that
such a proposal is very timely and would allow the two agencies to explore a way
to combine the two entities and perhaps bring about over-all considerable savings.
He mentioned the District's surcharge, which he assumed would be eliminated.
District Manager Kubota made the observation that benefits derived from combining
the two operations would be more from an efficiency standpoint than savings. As
an example, he cited the increase in construction costs that the City Water Dept.
will bear because of the one year delay in the design of the improvement project
plans by their Consulting Engineers. In discussing the day-to-day operation, he
noted that the District's plant facility assets exceed the City by twice and the
District has only three men in the field, whereas the City services several thousand
meters, compared to approximately 500 by the District. City Manager Arnold called
attention to the difference in the age of the two systems. He also inquired if
this was to be an "in house" study when you examine the two operations ultimately
to try to decide which is the most efficient way to operate.
Legal Counsel Swirsky explained that the Attorney's Committee from the two agencies
worked on the matter for over a year and had a complete exchange of information.
Two specific items came out of those discussions; (1) as a solution to the problem
•the answer that came up was one agency to operate the entire system; and (2) when
it was found that they couldn't come to a solution, they then attempted to work out
the jurisdictional picture, which has not been completely done. In trying to solve
this matter, the District Committee had decided to try to work out an operating
agreement, or using a more understandable term, a lease, with the City as "Lessor"
and the District as "Lessee", and on certain terms and conditions.
Legal Counsel Swirsky then reviewed the draft-outline of the study to be conductee
by the District as follows:
(1) Financial Integrity of Department -- This involves Lessor (City) receiving
sufficient funds to take care of its obligations and will require a review
of the outstanding bonds and a determination of what the current obligations are.
(2) Operation of System (As One Unit)-- Under this item would come the investigation
of the personnel that are now doing the operating.
(3) Personnel -- This would include positions, duties, salaries and fringe benefits.
(4) Equipment -- An inventory of the equipment now utilized by the Water Department
in order to ascertain which would have to be purchased or assumed.
(5) Inventory -- Actual inventory.of supplies that would be taken over. Items not
directly concerned with water consumption would not be taken over, such as
Calavera Lake, the San Luis Well Fields, etc.
(6) Repairs and Maintenance -- Work to be performed under agreement.
(7) Capital Improvements -- Offer would be on the premise that the planned capital
improvements would be built.
(8) Water Billing — Information on equipment and billing of water and sewer accounts
(9) General Accountii&ig Accounting procedures which will be involved under
agreement.
City Manager Arnold pointed out that this type of contractual agreement would be the
same aa the Lakewood flan type of operation. He suggested that perhaps the two
systems should be evaluated on the better method of operation and unit costs develop-
ed in the various areas for comparisons of operating costs.
Director Carmichael stressed the importance of future planning and pointed out
that the District now has plans underway for additional pipeline capacity and
the possible purchase of additional land for the expansion of the Squires Dam
facility.
After further discussion, it was decided it would be too time consuming for the
Committee to delve into all the operational aspects of the water system and costs
and that individual Coimnittee Members should be assigned the tasks of investigating
the various items in the study outline and obtaining the basic information needed.
After this information has been compiled, the District will prepare a concrete
proposal that can be considered by the City Council.
District Manager Kubota pointed out that from the standpoint of time, the Committee
wants to move as quickly as possible as the program to be offered will influence
the budget preparation and plans for both agencies. Mr. Arnold indicated that
this would present no problem with the City budget as something of this nature
could be handled with an addendum. District Auditor James Gaiser and District
Manager Kubota will prepare a detailed listing on the information that will be
required by the District for this study and all requests for information will be
coordinated through the City Manager's office.
Public information regarding the Committee's activities will be released through
Legal Counsel Paul Swirsky, and any inquiries will be referred to him.
City Attorney Lewis Moe pointed out that the Committee might be subjectto the
Brown Act on these meetings and that he will look Into the matter to be sure it
is not in violation.
Mr. Watson asked if there might be any problems in a proposal of this type as it
might relate to annexations and the Local Agency Formation Commission. Legal
Counsel Swirsky explained that LAFCO's only role is when there are conflicts,
and such an operating agreement would eliminate any issue being raised by LAFCO
on the matter of water service.
Several other questions concerning the terms of this type of agreement were brought
up by Mr. Watson, including the period of time the agreement would cover, whether
the City would participate in a percentage of profits (or losses), etc. Legal
Counsel Swirsky explained that these matters would have to be negotiated be^een
the two agencies.
The next regular scheduled meeting of the Committee was tentatively set for
March 18, 1971, at 8:00 A.M., at the District Administration Center. Copies of
the minutes of all meetings and other informational material will be sent out
to all Committee Members.
Chairman Carmichael adjourned the meeting at 9:27 A.M.
Respectfully submitted,