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HomeMy WebLinkAbout1981-07-15; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL.MUN1- CIPAL WATER DISTRICT, HELD ON JULY 15, 1981, AT 2:OO P.M. AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008: The meeting was called to order at 2:08 P.M. by President MacLeod with Director Bonas, Maerkle, Kelly and MacLeod answering roll call. Also present were Gen- eral Manager Meadows, Accounting Manager Jackson, Superintendent of Operations Musser, Legal Counsel Swirsky, District Engineer Kubota and Executive Secretary Court Reporter Nancy Updegraph, Utilities and Maintenance Director Greer of the City of Carlsbad, Barbara Higdon, Ted Donald, Roy Ward (3:25 P.M.), Bob Ladwig, Rick Severson, Wilda Simpson, Harold Engelmann (2:21 P.M.) Phil Safford and Marc Doyle also attended. Approval of Minutes: Upon motion of Director Maerkl e, seconded by Director Bonas and unanimously carried the minutes of the adjourned regular meeting of June 26, 1981, and the adjourne regular meeting of July 2, 1981 , were approved as mailed. Public Hearing - Master Plan Study President MacLeod announced that this is for Public Water System -- Improve- the time and the place fixed by the Board ment Districts No. 2 and 3, Palomar of Directors of the Costa Real Municipal Airport Area Water District for a public hearing for any interested persons to present any evidence for the consideration of the Board in adopting a master plan for a public water system, in Improvement Districts No. 2 and 3, Palomar Airport Area. (The original transcript of the hearing is attached and a part of the official minutes of this meeting.) The public hearing ended and the regular meeting resumed at 2:28 P.M. Committee Reports: San Diego County Water Authority Director Maerkle reported on the last and investment statistics. Costa Real's water deliveries for June 1981 were 1353 acre feet (more than 100 acre feet over June 1980) bringing the total deliveries for fiscal 1981 to 13,308 acre feet. The aqueducts were flowing above design capacity for three days. In June the Governor signed a law which allows public agencies to pay up to 12% interest on tax-exempt debt. It has been 10%. On August 6 and 7 the California Water Commission will hold a meetir at the Department of Transportation auditorium in San Diego. The moderator will be Scott Franklin. Director Maerkle added that the Indians in California have filed a suit with the government asking for 150,000 acre feet of water. Water Conservation, Reclamation Rose Grimm reported on the Drought-resisi and Reuse Garden meeting held here at the District the San Diego County Water Authority and Roger DeWeese, landscape architect, spoke to the 35 people in attendance (including press representatives). A ren. dering of a suggested landscape plan for our garden should be available in a couple of weeks according to Pete Rios. Enthusiasm was very high. A member 0' the Advisory Council has been asked to coordinate the community effort in implc menting the plan for the garden. When an approximate cost is arrived at the serv-ice clubs will be contacted and asked for their monetary support. MiraCos. College faculty will be helping as much as possible. Director Bonas added tha. a number of people volunteered plants from their own gardens. Mrs. Grimm went on to advise the Board of additional water conservation promot that are taking place. Various members of the Advisory Council are taking the responsibility for implementing them. A booth has been reserved at the Indust Fair to be held at the Plaza Camirlo Real shopping center September 19. People from the Art League and the Junior Women's Club will be working with school children (grades 5-12) on art poster and writing contests. Thirteen members of the Advisory Council have agreed to be speakers. Notices have been sent to organizations, churches and schools advising that these speakers are available Ads have been placed in the Chamber newsletter and literature will be given to Welcome Wagon for distribution to new residents. She then played the tape of the 30-second radio spot promoting water conservation. Discussion followed. Association of Water Reclamation Director Bonas advised that this next Agencies of North County next meeting will be August 6 here at I I Authority Board meeting, giving financial on July 10. Bill Meadows, Pete Rios of the District. San Diego Region Water Recl amation Agency Director Bonas advised that the meeting originally scheduled for this Friday has been cancel led due to lack of business. General Manager: Award Contract - Squires Road Manager Meadows referred to the bid Resurfacing opening done at the last Board meeting. Low bidder was Capitol Paving, Inc. ($13,136) and second lowest was J & S Sealing and Striping Co. ($14,360). The Engineer's estimate for the job was $14,800. Since the bid opening the Engineer has reviewed the bids and contacted the apparent low bidder with respect to posting of a performance bond and other relevant matters. T,he Engineer and the Manager recomend that the Board award the contract to the low.bidder, Capitol Paving, Inc. After assurance that they will post a bond when they sign the contract, Director Maerkle made a motion to award the contract to Capitol Paving , Inc. in the amount of $13,136, seconded by Director Kelly and unanimously 'carried. Director Bonas asked Legal Counsel if any of the property owners who use the Squires Dam road have been asked to contribute to the cost of the repaving. Discussion followed when he answered no. She then made a motion that we reques participation in the cost of the paving, seconded by Director Kelly. After further discussion Director Kelly suggested a letter be written to all users requesting a contribution. Legal Counsel Swirsky recommended that an investi- gation be made first before a decision is made as to whether to request finan- cial participation in the paving. President MacLeod agreed that Legal Counsel and District Engineer investigate and come back with a report. Legal Counsel suggested it be put on the agenda for one month from now (meeting of August 19) Director Bonas withdrew her motion. I Recess : President MacLeod called for a recess at 3:05 P.M. The meeting reconvened at 3:27 P.M. I Lake Cal avera Hi1 'Is Effl uent District Engineer Kubota advised that he Disposal Line - Request for . has researched the documents on our right Right-of-way - District Easement of-way for our D-1 (S1 ippery Hi1 1 Lane) share easement rights with anyone else. What has happened in the past is that a separate easement must be obtained from the property owner and then a letter of permission must be obtained from us as the first ones in the easement. Dis- cussion followed as to types of easement and the fact that the easement requesl by Lake Calavera is for an effluent failsafe line. The District Engineer also brought out the point that the District may some day want to construct a non- potable water line in our easement area and we have the right to do that. He suggested that this may be one way this could be done in conjunction with the proposed Lake.Calavera line, but the portion of the line in our easement would remain a District facility and available for District use. Legal Counsel re- affirmed that the District had no right to assign any rights to our easements. Roy Ward, the developer, then addressed the Board, explaining that his contrac with the City of Carlsbad is essentially completed except for a 14,000 foot connection to the Encina outfall, from the end of Tamarack Avenue, down El Camino Real, up Slippery Hill Lane, through the Koll property, the Huntington Beach property and the S.igna1 Landmark property to Palomar Airport Road where they will connect with a line going to Encina that they jointly own with 14 others. This is the route designated by the City of Carlsbad. He added that he has presented to the City Manager the alternative of building the portion of the line designated for the District easement, for the District as suggeste by District Engineer Kubota. He has not yet had a response to that proposal. Discussion followed as to the most economical route being through the Kelly property but that is not the route chosen by the City. Director Bonas suggest that our Engineer, the City Engineer and Roy Ward get together and work up a general plan for water 1 ines for reclaimed water. Discussion followed but no action was taken. Legal Counsel Swirsky summarized the situation as follows: (1) Costa Real Mu- nicipal Water District is not in a position to grant use of the existing easem to the City of Carlsbad or to Mr. Ward under the terms and conditions that CMW acquired the easement; (2) that if the underlying owner grants an easement within the same 20 feet that CMWD has an easement, then CMWD cannot consent to the utilization of the easement for a sewer line for the City at the present time, based upon the information available; (3) if a parallel easement is line. We did not acquire any right to I -2- July 15, 1981 obtained outside of the CMWD easement, then CMWD has no jurisdiction. Director Bonas made a motion that a letter in response to the request, covering the points summarized by our Legal Counsel, .be written, seconded by Director Kelly and unanimously carried. Operations: General Manager Meadows referred to the added that the yearly inspection of Squires Dam was done yesterday by the State Division of Safety of Dams, with everything seeming to go well. There was sone discussion about the piezometer system and he is waiting for a report on that. Superintendent of Operations Musser gave the lake level at 502.9 feet. We are buying 23 c.f.s. with 19 c.f.s. from Station No. 1, 3 c.f.s. from Station No; 3 and 1 c.f.s. from Station No. 4. Other operations are routine. The new skip loader has now been delivered Finance and Administration: Manager Meadows advised that he is still with the Finance Committee for discussion. He then coordinated the travel arrangements for the Water Agencies Association dinner on July 16. The Manager then read aloud a letter dated July 13, 1981 , from the City of Carlsbad to our Board of Directors, inviting them to attend a special meeting at City Hall on July 24 at 2:OO P.M. After discussion the Manager was advised to write a letter accepting the invitation. District Engineer: Master P1 an Request District Engineer Kubota advised that he Santa Fe group to do a master plan for an area he designated on the map and asked for Board approval for staff to make inquiry of all land owners to par- ticipate in the cost with a fee of $5.00 per acre. The total cost is estimatec at $15,000. Discussion followed (with Director Kelly advising that we should also be on the lookout for a possible reservoir site for nonpotable water). Director Bonas made a motion to poll the property owners, seconded by Director Kelly and unanimously carried. LaCosta Avenue North to District Engineer Kubota advised that the Sewer P1 ant owner has requested $7,000 for the easenx right-of-way where the District wants to put in the line and fittings to the sewer plant. After negotiation the fee waz changed to $3500 ($1500 cash and an estimated $2000 for us to put three tees ir the line). He felt this was a fair settlement and recommended acceptance. Aft discussion on the dimensions of the easement, Director Kelly made a motion ap- proving the negotiated fee, seconded by Director Maerkle and unanimously carric Ratification of Checks: Upon motion of Director Maerkle, secondec by Director Bonas and unanimously carriec the Board ratified the issuance of checks No. 6811 through 6864 for the period from July 6, 1981, to July 15, 1981, in the sun1 of $113,573.76. Directors’ Reports: Director Maerkle asked about responsi.bi1 for the electric bill to light the ‘park and ride’ lot. CalTrans is furnishing the light standards but the District is to pay for the energy. Discuss;’& followed with Director Maerkle advocating a separate meter and the ability to control the use of the lights. District Engineer Kubota said he would check this out. Closed Session: At 4:59 P.M. Director Maerkle made a mot potential litigation, seconded by Director Bonas and unanimously carried. Legal Counsel Swirsky advised that upon motion of Director Maerkle, seconded b Director Bonas and unanimously carried, the Board went out of closed session at 5:14 P.M. and returned to regular session with all Board members present. Adjournment: Upon motion of Director Maerkle, seconde by Director Bonas and unanimously Carrie this regular meeting of July 15, 1981 , was duly adjourned to July 22, 1981 , at 2:00 P.M. This portion of the meeting was adjourned at 5:15 P.M. progress on the ‘Park and Ride‘ lot. He I working on the budget and will be meeting has received a request from the Loma I 1 to go into closed session on matters of Respectfully submitted, - //5% Le. gd/d,&:-- / -~,”&.-~ -6 rs President of the Board o Directors I’ - 7 7 7,- ’~nn’l I M I NOTICE OF ADJOURNMENT Notice is hereby given that the regular meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT of July 15, 1981, has been adjourned to July 22, 1981, at 2:OO P.M. in the Board room, COSTA REAL MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carl sbad, Cal ifornia. DATED: July 16, 1981. COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof DECLARATION OF POSTING I, the undersigned, say: I That I am a citizen of the United States, over eighteen (18) years of age, and 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 MUNICIPAL WATER DISTRICT, at 5950 El Camino Real , Carlsbad, California, on July 16, 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 15, 1981. I I declare under penalty of perjury that the foregoing is true and correct. Executed on July 16, 1981, at Carlsbad, California. -9 -".. -1 /; ,K+< - I -<- : L" -: -. , "/ :y,. I " 2 /,,:L ,- '\- - . - .~ -, L" " " __ I 0 e e :[ 2. 0 e e a 4. 0 0 r - .." I. c ................. .................................. " _.X.C.~," ~ .; $3; i" i i- : 'r, 1 fi, ,; j. ; r+= i < ... .,: < . , 5 ..G .. $ s. i u .~ " . .:.- ; ' .. j. ; i i+ -. ., . ....... .. , -. , REPORTER ' S TRANSCRIPT I OF COSTA REAL MUNICIPAL WATER DISTRICT I i I 0 PUBLIC HEARING ON Wednesday, July 15, 1981 at 2:07 p.m. AT 5950 El Camino Real Carlsbad, California REPORTED BY: NANCY DEE UPDEGRAPH, CSR NO. 4988, RPR MARTHA 1. DIX, CSR, No. 86, CP,CM, RPR Sun Diego County's First State Champion CERTIFIED SHORTHAND REPORTING SERVICE SAN DIEGO OFFICE NORTH COUNTY OFFICES 1407 SIXTH AVENUE 1600 BUENA VISTA WAY SAN DIEGO. CALIFORNIA 92101 CARLSBAD, CALIFORNIA 92C (714) 234-7272 e I I ew e a 0 4 0 0 a 0 -8 0 * e I 2 3 4 5 6 7 8 9 IO 11 12 13 13 15 16 I? 18 19 20 n 22 23 24 25 11 STATE OF CALIFORNIA ] COUNTY OF SAN DIEGO ) : ss. I, NANCY DEE UPDEGRAPH, a Notary Public in and for the County of San Diego, State of California, hereby certify: That on the 15thday of July , 19 81, I reportec stenographically the proceedings of the hearing held by the COSTA REAL MUNICIPAL WATER DISTRICT, PUBLIC HEARING, which later was transcribed into typewriting under my directic and the foregoing 13 pages contain a true record of the procc ings at said time and place. IN WITNESS WHEREOF, I have hereunto set my hand and affi: my notarial seal' this 20th day of July , 1981. ~~~~~~~~~~~~~~~~~~~7~~-~~~-~~~~~~~j-~~~ r$ ,$a%:$&,* L, . .;"i &~~.;;~ N.\x~y DEE C<?~~C:~:~TX 7. c,. \,: , .,,_. ~ , . , ;,;3i',,'', ~y , :,: .- .- . , - ::;;;x .:; [.,: \.;~ I: :+.,; .,,:;,j *-... 8 t .,,dL..- ' ".." .'' i -! \.\ \ - , i ! q. , ,2, :.,;).;,I I1 \'. ...". "." 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