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HomeMy WebLinkAbout1977-05-18; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL DISTRICT, HELD ON MAY 18, 1977, AT 2:00 P.M., AT 5950 EL CAMINO REAL, CARLSBAD CALIFORNIA: The meeting was called to order at 2:03 P.M. by President MacLeod with Directol Engelmann, Kelly, MacLeod and Yaerkle answering roll call e Also present were Assistant General Manager Henley, Legal Counsel Swirsky, District Engineer Kubc Public Relations Consultant Mitchell and Office Secretary. Uti1 i ties and Main. tenance Director Roger Greer of the City of Carl sbad, Mrs. Ruth Honnold and Mrz Margaret Bonas, members of the League of Women Voters , Gil Davis (arrival time 2:30 P.M.), reporter for the Blade-Tribune, Mr. Eldredge and Dr. Neuner of Wesl Inc,, and Mr. R. Helley of Palomar Estates Mobilehome Park, were also present. Approval of Minutes Upon motion by Director Maerkle, seconc carried, the minutes of the regular meeting of May 4, 1977, were approved as corrected. Communications from the Audience: I by Director Engelmann and unanimously lrles tec Report Mr. 5ill Eldredge, Vice President of We and project principal, and Dr. E. Neune Economist, made themselves available at the Board meeting to respond to any inc on the water rate study. Mr. Eldredge spoke briefly concerning the CEQA rulins necessitating the study and informed the Board that their final analysis is tha the rate increase would have no significant affect on the environment. He ment a correction on page 6 of the report, brought to their attention by the CMkID st and had corrected replacement sheets for distribution. Discussion followed anc Director Kel ly expressed concern over the lobbying of bil Is that have brought a the requirement for such studies. President MacLeod asked the audience if ther were any further questions or comments on this report, after which, upon motior of Director Maerkle, seconded by Director Engelmann and unanimously carried, th report was accepted as prepared by Westec Services and the CMWD staff was auth- orized to file a "Notice of Negative Declaration." Pal omar Estates Engineer Kubota summarized the letter d Mobi lehome Park May 17, 1977, received from Mr. R. He1 1 by CMWD. Mr. Helley then made his pres tation requesting the Board's written approval to work on the roadway in CMWD's easement area. Discussion followed. NOTE: Gil Davis arrived at this point (2:30 P.M.) I I Legal Counsel Swirsky took the floor, stating that this developer is facing a p tential liability of a million dollars a day if our water line breaks. Mr. Swi referred to the CMWD Board meeting of April 6, 1977, when Dave Chamber1 ai n , en- gineer for this mobilehome park, said the only problem was the requirement of a simple exchange of deeds. Mr. Swirsky made a strong recommendation that no per mission be given to the developer to do anything until he has made satisfactory arrangements with this District to cover all types of problems involved. Mr. Swirsky reminded the Board that an earlier developer tore up the road and stopp up the overflow. The Board has responsibility from a legal standpoint to prote the easement and the pipeline in every way they can. He emphasized that the Board should "take no action to grant any type of permission to do anything unt such time as the developer has entered into a satisfactory arrangement with thi District." Director Maerkle made a motion, seconded by Director Engelmann and unanimously carried, that this developer cease and desist until something is worked out. Mr. Swirsky made a further recommendation, asking for authority to file a lawsu and secure an injunction against this developer if necessary, and Director Maer made the motion, seconded by Director Engelmann and unanimously carried, to giv. this authority to Mr. Swirsky. When Director Kelly asked for an explanation of what was expected of the develol Engineer Kubota explained that he had confirmed in writing to Mr. Helley, a rei. ation of their meeting last $Ionday, detailing the requirements. Recess was called by President FlacLeod at 2:53 P.Pl. and the meeting resumed at 3:14 P.M. S.D.C.W.A. Director Kelly said this meeting is to he1 d tomorrow. Pub1 i c Information: Public Relations Consultant Mitchell ta briefly on the media coverage for fill i vacancy on the CMWD Board as well as the water conservation story. He referred a small folder in Spanish received from MlJD and which costs less than 2t each, moting 25 ways to conserve water. Discussion followed. Mr. Mi tchell then info the Board of a Progress Edition coming up in both local newspapers covering the anniversary of of Carlsbad's incorporation. Could cost approximately $300-$400 pending on what we do. He will bring back his recommendations at the next regu monthly meeting.. ' The Greater San Luis Rey Planning and Development Council wi take place June 16, 1977, at noon, Marty's Valley Inn, and MMD is sending a spel at Mr. Mitchell 's request, to talk on the drought and what it means to San Diegl County. Mr. Mitchell also referred to a letter he had written to President MacLeod with attached samples of publications that he currently puts out for Tri-City Hospit' and which could serve as a auideline for the Water Conservation and Reuse Commi recommendation to generate local interest in water conservation. Estimated bud figures were attached and President MacLeod said the Board would study it and b it up at the June 1st meeting. Tri-Agencies Pipeline Director Flaerkle said we have heard not and South Aqueduct yet from the Water Authority and Engine Kubota reported he has been in contact 1 their personnel and things are moving right a1 ong. Mr. Kubota said he is worki with counsel on the South Aqueduct and it also is coming a1 ong. Water Rate Study In response to President MacLeod's inqu- Legal Counsel Swi rsky said that staff w' take care of the "Notice of Negative Declaration," that from the Board's stand- point we are technical ly finished with any requi rements under CEQA, and the Com mittee itself needs only to meet again to firm up their final recommendations tc the Board. Director Kelly pol led the committee members regarding Monday, May 2: 1977, at 2:OO P.M. in the CMWD Boardroom, and that time and place was set for tl next meeting of this committee. Water Conservation Director Kelly briefly discussed the re] and Reuse from this committee to the Board of Dirc Manager Henley gave cost fi gures on a p' jector package, as requested at the last Board meeting. Discussion followed an1 further recommendations were made to check with professionals on the best brand: The results are to be brought to the next meeting. Director Kelly reported that the Water Authority is having a Water Conservation get-together of a Blue Ribbon Committee to be held at Vacation Village and for which he was asked to recommend two Carlsbad citizens. They are Don Brown and Check Mensching. Manager Henley is also going. Personnel Committee It was decided after discussion, that ti recommendations of this committee, as PI sented in report form today, be studied by the Board members for decision at thf June 1, 1977, meeting. Legal Counsel : Consul tan t Legal Counsel Swirsky distributed copie! of the agreement between CMWD and Mr. SI Schmidt, as requested at the last Board meeting. Mr, Swirsky referred to severi changes concerning the scope of services in reference to inter-governmental rel, tionships with other governmental agencies, and the addition of "appointed Distr Representative" in Item No. 3. Mr. Schmidt will work on items as assigned, make periodic reports to the Board and General Manager and the District will cornpens? him at the rate of $35 an hour for any work done for CMWD. Mr. Swirsky recommer that the Board authorize the President and Secretary to formalize the agreement. Director Maerkle made the motion to formalize the agreement, seconded by Di rectc Engelmann and unanimously carried. I I I Bank of Ameri ca Agreement Legal Counsel Swirsky said the District received a copy of a new type of agreemc from the Bank of America. He distributc -2- May 18, 1977 copies of their letter of explanation regarding their new computer service out Francisco, which should cost the District less money and is faster. Director ~ made the motion to authorize the President and Secretary of the Board to sign agreement, seconded by Director Kelly and unanimously carried. Board Appointment Legal Counsel Swirsky reminded the Boa it is mandatory, if you are going to m a selection, that it be done by June 3, 1977, and the last regular meeting is 1977. Since Mr. Swirsky will not be available at that meeting, he advised tha adjourned meeting for next Wednesday might be considered. I District Engineer: Development Program: Palomar Estates Engineer Kubota briefly summarized his Mobi 1 ehome Park cussion with Mr. Helley when they left meeting immediately after Mr. Helley's sentation to the Board, to the effect that Mr. Helley will call Mr. Kubota up0 receipt of his certified letter and a meeting was set up tentatively for tomor Colina de LaCosta Engineer Kubota reported that the ease deed on this project has been delivere Fountainhead Development Co., X, and that he recommends acceptance. Director Engelmann made a motion to accept the easement deed and authorize that it be r seconded by Director Maerkle and unanimously carried. Engineer Kubota then reported briefly on the activities of the Leucadia County District just for the information of the Board, Aerial Map Director Kelly described an aerial map recently purchased of the Carlsbad are the advantages of purchase of such a map by CMWD was discussed. Mr. Kelly mac motion for purchase of the map coverins the complete Carl sbad area, seconded t Director Flaerkl e and unanimously carried. Temp1 i n Hei gh ts Engineer Kubota reported that all fin? are in on this project and they will < the City Counci 1 next Tuesday night for final approval. I Santa Fe Reservoir See these minutes under "Communicatior the Audience" and "Devel oprnent Progran General Manager: Communications: League of Women Voters Manager Henley reported receipt of a 1 from the League of Women Voters askin! use District facilities on the second and fourth Thursdays each month. Direcl Kelly made a motion to grant this permission, seconded by Director Maerkle ant imously carried. LP.FC0 Manager Henley reported that LAFCO is another meeting to elect a representa- Thursday, May 26, 1977, at 6:30 P.M., to which a representative of CMWD shoul( President FlacLeod plans to attend and Di rector Engelmann wi 11 be his a1 ternatt he find he is unable to go, I Meetings : Carl sbad Ci ty Counci 1 P4anager Henley reported his attendancc Carl sbad Ci t.y Counci 1 meeting 1 ast ni! several lots , not quite up to plan, were rezoned for- Cabot, Cabot and Forbes. Pools built a wire fence (with wood) instead of block wall and something will be worked out. Poinsettia Lane grade has been discontinued. Occidental is hq problems with Coastal Commission and funds have been transferred to another j( Water Resource Management Workshop Manager Henley reported on his attendl with Roger Greer, at this workshop an' back a handbook on management and how I water and the problems involved. In Marin County, out of 61,000 people, only six fused to follow the rationing program and had to be shut off. Of interest, the W~ rates used are: First 100 cubic feet are $1.22; next 100 feet are $50.00; next 31 cubic feet $100.00 per 100 cubic feet with an allotment of 46 gallons per day per person. Discussion followed on the need of planning for future population growth Southern Cal i forni a. Operations : Manager Henley reported the flow from the Authority is 15 c.f.s. and will cut down 13 c.f.s. for three days near the end of the month. The lake level is 501.8 and 495.3 last week. The last rainfall gave us 1.38" at the lake and 1.66" here. Ne have a leak south of here on our 20" main and it will be repaired shortly. Since April 1st we have installed 40 meters in the Meadows area and Seaview signed up f the last 15 meters. Mr. Henley asked for Board approval to draw up an agreement to absolve us of 1 ial: to the City of Carlsbad, permitting them to store ti res in our warehouse , for wh.' they will allow us to buy tires at their cost of approximately $12.00 less per t' than we currently pay. Director Maerkle made a motion that Legal Counsel make ul agreement, seconded by Director Engelmann and unanimously carried. Manager Henley passed out copies of the official bar graphs on total water usage last month (April). He explained that the Authority is still undecided on billil procedures for the 90-10 Program and whether allowance will be made for growth. may be discussed at their meeting tomorrow. Discussion followed on growth which particularly obvious in the graph for the City of Carlsbad. Ratification of Checks Director Engelmann moved for ratificatio of checks numbered 1342 through 1417, fa the period covering May 4, 1977, to May 18, 1977, for a total of $16,346.77, sec by Director Maerkle and unanimously carried. Special Account Upon motion of Director Engelmann, secon by Director Maerkle and unanimously carr the statement from Woodside/Kubota & Associates for the month of Apri 1 , in the amount of $5,767.00, was approved for payment. Discussion followed that the cos of the EIR on the water rate study includes more than Westec's charges since thc were engineering consultant charges as well as staff time involved. Other Matters : CMWD - City of Carlsbad President MacLeod reported on corresponc Merger Commi t tee from Councilman Lewis concerning arrangc for a meeting between representatives 0' and the City which will take place either Monday or Tuesday of next week. Disc! followed on the report by Roger Greer dated March 1977. Adjournment At 4:53 P.M. Director Maerkle made a mo seconded by Director Engelmann and unan imously carried, for an adjourned meeting until 1l:OO A.M. on Wednesday, May 25 for the appointment of a Director to the CMWD Board. I I Respectfully submitted, President of the Bbard of Directors 1 \r7&u$d' &&/' [LT Secretary of th oard of' Directors - 4- May 18, 1 .. .' f, 4 DECLARATION OF POSTING PAUL St SWIRSKY declares: That he is now and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. That on May 19, 1977, and within twenty-four hours after time of the adjournment of the regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT on May 18, 1977, he securely and conspicuously posted on the bul- letin board of the CARLSBAD MUNICIPAL WATER DISTRICT, located at 5950 El Camino Real, Carlsbad, California, at the entrance to the regular meeting place of the Board of Directors of the CARLSBAD MUNICIPAL WATER DISTRICT, a copy of the attached Notice of Adjournment of regular meeting of the Board of Directors of CARLSBAD MENICIPAL WATER DISTRICT, said attached copy being in all respects the same as the Notice posted and said copy made a part hereof. 4 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 19, 1977, at Carlsbad, California. " .$Y?&A7 0 > * /'"PAUL so SWIRSKY~~ ...". \ t \ ! t "I L 1 NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN, in accordance with Section 54955, Government Code, State of California, that the regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT of May 18, 1977 has been duly adjourned to May 25, 1977, at 1l:OO'o'clock A. M., at the Board Room, CARLSBAD MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California. DATED: May 18, 1977 I FRED w. MAERKLE Secretary and of the Board of Directors thereof. CARLSBAD MUNICIPAL WATER DISTRICT -I