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Home My WebLink About1981-06-26; Municipal Water District; Minutes1 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON JUNE 26, 7981, AT 9:00 A.M. AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008: The meeting was called to order at 9:OO A.M. by President MacLeod with Director! Bonas, Kelly, Maerkle and MacLeod answering roll call. Also present were Generi Manager Meadows, Accounting Manager Jackson, Superintendent of Operations Mussel Legal Counsel Swirsky, District Engineer Kubota and Executive Secretary. Util- ities and Maintenance Director Greer of the City of Carlsbad, Leonard Izbicki, Wilda Simpson and Skip Schmidt (9:30 A.M.) also attended. Notice of Adjournment: Legal Counsel Swirsky presented to the official Minutes Register, a Notice of Adjournment of the regular meeting of the Board of Directors of Costa Real Municipal Water District from June 17, 1981, to June 26, 1981, at 9:OO A.F., along with a -Declaration of Posting signed by Florence M. Woodward. tie stated that this is a regularly constituted meeting and anything can be brought before it. Executive Secretary for inclusion in the .. Request for Variance - General Manager Meadows referred to a Leonard Izbicki : previous Board meeting when this request for a variance from the District's reg- ulations for condominiums was referred to the Engineering and Operations Com- mittee. That committee met with Mr. Izbicki, who is here today. Director Maerkle, chairman of the Engineering and Operations Committee, deferred ex- planation to Legal Counsel, who then referred to a sketch on the chalkboard showing the eight condo units and the existing water iines, all of which are completed and in use. There is a copper line going into each unit, each with a cutoff, a circulating hot water system with a cutoff in each unit as well as a cutoff on the outside for the cold water. The common area in the development also includes a laundry room in addition to the landscaping. The decision originally reached by the Board, on the recommendation of the District Engineer was that a public water system be installed requiring an individual water meter in each apartment. Legal Counsel advised that the alternative would be to allo the system to remain as it is with the following conditions: (1) that this is not actually a variance to existing policy but an acceptance of the system "as built"; (2) this would allow the District Engineer to write to the Division of Real Estate that water is available and the letter would indicate that it is served by a master system; ana (3j in order to protect the District and potentiai property owners (in the event of foreclosures, unsold units, unit owners who might refuse to pay the water bill, etc.), a requirement that Mr. Izbicki deposit with the District in an irrevocable savings account X number of dollars that could be uti1 ized by the District to pay any delinquent water bills, with control of the account by the District, but any interest to go to Mr. Izbicki. Mr. Izbicki then added that he would be willing to make a non- refundable cash deposit with the District to cover projected water bills for the next three years, or whatever time the District would require. After dis- cussion Director Maerkle made a motion requiring that District policy be followed, seconded by Director Kelly and passed with Director Bonas voting "NO. (continued below) " I Bid Opening - Skip Loader: General Manaaer Meadows advised that Notice was published in the Carlsbad Journal on June 6, 1981, with bids to be in by 9:GO A.M., June 26, 1981. One bid was received. The Manager asked Legal Counsel to conduct bid opening. Legal Counsel Swirsky advised that the one bid, received June 23, 1981, at 1l:OO A.M., is from Case Power and Equipment Co., located in San Diego with a substore in San Marcos. The 1 etter dated June 10, 1981 , quoted, on the Case 580D Skip Loader, a price of $19,650.00 plus tax of $1,179.00, for a tctal of $20,829.00 FOB our facility with delivery in 30 days and a warranty of one year (no hour 1 imi t on machine) plus two years or 2000 hours, whichever comes first, on the engine; covers a1 1 parts and labor with labor to be performed at their service facility. The one exception to the bid specifications was tire size, 11-00 x 16, 10 ply instead of 7.50 x 16, 10 ply requested. After discussion Director Kelly made a motion approving the purchase, seconded by Di rector Maerkl e and unanimously carried. Establ i shment of 1981 -82 General Ranager t4eadows asked Legal Appropriation Limit: Counsel to present this matter. Legal Counsel Swirsky advised the Board that because of the recently passed Proposition 4 (January 7981) restrictions, we are required to adopt resolutions setting appropriation limits for both 1980-8 and 1981-82, and asked the Board to consider adoption of the following: 1 I Resolution No. 413 - Appropriations Legal Counsel Swirsky distributed copies Limit for Fiscal Year July 1 , 1980 of this proposed resolution and explained Through June 30, 1981 that if we are in excess of our appropri- ations limit for 1980-81 we are required to reduce our taxes within two years in order to be within the limit. He advis that the increased appropriations limit for 1980-81 is $184,729.18, and recom- mended approval and adoption by the Board. Upon motion of Director Maerkle, seconded by Director Bonas, Resolution No. 413 entitled: "A RESOLUTION OF THE PROPRIATIONS LIMIT FOR COSTA REAL MUNICIPAL WATER DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1 , 1980 AND ENDING JUNE 30, 1981 , IN ACCORDANCE WITH ARTICLE XI11 B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND DIVISION 9 OF THE GOV ERNMENT CODE OF THE STATE OF CALIFORNIA," was adopted by the following vote: BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ESTABLISHING THE AP- AYES : Directors : Bonas , Kelly , Maerkle and MacLeod NOES : Directors : None ABSENT : Directors; - None Resolution No. 414 - Appropriations Legal Counsel Swirsky distributed copies Limit for Fiscal Year July 1 , 1981 of this proposed resolution and explainec Through June 30, 1982 that the appropriations limit for 1981-85 and adoption by the Board. Upon motion of Director Maerkle, seconded by Direct Bonas, Resolution No. 414 entitled: "A RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ESTABLISHING THE APPROPRIATIONS LIMIT FOR COSTA REAL MUNICIPAL WATER DISTRICT FOR THE FISCAL YEAR COMMENCING JULY 1, 1981 AND ENDING JUNE 30, 1982, IN ACCORDANCE WITH ARTICLE XI11 B OF THE CONSTITUTIOb OF THE STATE OF CALIFORNIA AND DIVISION 9 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA," was adopted by the following vote:. is $202,487.73. He recommended approval I AYES : Directors: Bonas, Kelly, Maerkle and MacLeod NOES : Directors : None ABSENT : Directors : None Other Business: Resolution No. 415 - Classification Legal Counsel Swirsky presented Resolutic and Salary Schedule for 1981-82: No. 415 for salaries approved on June 17. 1981 , and recommended Board approval and adoption. Upon motion of Director Bonas, seconded by Director Maerkle, Reso- 1 ution No. 41 5 entitled: "A RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REA1 PLOYEES FOR THE 1981-82 FISCAL YEAR," was adopted by the following vote: MUNICIPAL WATER DISTRICT ADOPTING CLASSIFICATION AND SALARY SCHEDULE FOR EM- AYES : Directors: Bonas, Kelly, Maerkle and MacLeod NOES : Directors: None ABSENT: Directors: None I Legal Counsel then reminded the Board that all personnel matters were not com- pleted at the last meeting and that they might wish to go into closed session. Recess: President MacLeod called for a recess at 10:15 A.M. The meeting reconvened at 10:34 A.M. Disclosure Statement to Registrar of Voters Legal Counsel Swirsky advised that he will prepare the disclosure statements due for tne period January 1 tnrough June 30, 1981, and have them for the next Board meeting. Closed Session: At 10:35 A.K. Director Maerkle made a matters of personnel, seconded by Director flonas and unanimously carried. motion to go into closed session for -2- June 26, 1981 I Legal Counsel Swirsky advised that upon motion of Director Maerkle, seconded by Director Bonas and unanimously carried, the Board went out of closed session at 11:29 A.M. and returned to regular session with all Board members present. Empl oyee Benefits : Director Bonas made a motion that all insurance coverage, seconded by Director Kelly and unanimously carried. General Manager's Sal ary : Director Maerkle made a motion that as of July 1 , 1981 , the General Manager's sal ar be increased to $40,000 per year, seconded by Director Kelly and unani- mously carried. employees be granted long term disability Latent Power - Power Generation Director Maerkle made a motion that the of Squires Dam: Manager be authorized to apply to LAFCO power at Squires Dam, seconded by Director Kelly and unanimously carried. Other Matters: for latent power for the generation of Leonard Izbicki Project District Engineer Kubota advised that as (see above) a result of his consultation with Mr. Izbicki, after the Board action earlier in the meeting, rather than require Mr. Izbicki to retain an engineer and prepare a complete set of plans for Board approval, Mr. Izbicki can work with his contractor and Superintendent of Operations Musser to avoid existing util- ities, lay it all out and bring it to the Board as approved. The Engineer asked for Board concurrence and Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. Adjournment : I The meeting was adjourned at 11:32 A.M. to the next regular meeting of July 1, 19 Respectfully submitted, . ,/: ("--\ 1' ' /,.t-; /a3 ,. ,< ,I/. ,W&-Z2/ .e-& President of -the- Board 'of Directors . ,/: ("--\ 1' ' /,.t-; /a3 ,. ,< ,I/. ,W&-Z2/ .e-& President of -the- Board 'of Directors I I -3- June 26, 1981 DECLARAT'ION OF POSTING 4 MARY T. WORSLEY declares: That she 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 July 1, 1981, at the following places, she securely and conspicuously posted a copy of the attached NOTICE OF VACANCY ON BOARD OF DIRECTORS, COSTA REAL MUNICIPAL WATER DISTRICT, said attached copy being in all respects the same as the notice posted, and said copy is hereby made a part hereof. q 1. Bulletin Board, Carlsbad Chamber of Commerce office, 400 block of Elm Avenue, Carlsbad, California, adjacent to Atchison, Topeka and Santa Fe Railway. 2. Bulletin Board, Carlsbad City Library, 1250 Elm Avenue, Carlsbad, California. 3. Bulletin Board, Costa Real Municipal Water District, 5950 El Camino Real, Carlsbad, Cal i fornia. That all of said bulletin boards are located within the COSTA REAL MUNICIPAL WATER DISTRICT. That all of said places are conspicuous places in the COSTA REAL MUNICIPAL WATER DISTRICT. I declare, under penalty of perjury, that the foregoing is true and correct. 1 Executed on July 1, 1981, at Carlsbad, California. ";Yi?[*&- :f, &(&+ . MXRY T. WORSLEYd I D I DECLARATION OF POSTING I. the undersigned, say: That I arn a citizen of the United States, over eighteen (18) years of age, an@ a resident of the County of San Diego, State of California in which the within-mentioned posting occurred, and not a party to the subject cause of proceedings. I posted a copy of the attached NOTICE OF ADJOURNMENT on the bulletin board of COSTA REAL MUNICIPAL WATER DISTRICT, located at the office of COSTA REAL i4UNICIPAi WATER DISTRICT, at 5950 El Camino Real, Carlsbad, California, on July 1, 1981 , and within twenty-four hours of the adjournment of the regular meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT on July 1, 1981. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 1 , 1981, at Carlsbad, California. - /-p> a ~zn--=-” ?s, &LLb NOTICE OF ADJOURNMENT I Notice is hereby given that the regular nleeting of the Board of Directors of COSTA REAL MUNICIPAL ’VJATER DISTRICT of July 1, 1981 , has been adjourned due to 1 ack of quorum to July 2, 1981 , at 2:OO P.M. in the Board room, COSTA REAL MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California. DATED: July 1, 1981. I F ‘ ”(&/ /c;d/f J , -A /& ”, FRED W. MAERKLEgecretary of COSTA REAL Mld4IcIPAL WATER DISTRICT and of the Bbard of Directors thereof I