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HomeMy WebLinkAbout1982-04-21; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICI WATER DISTRICT, HELD ON APRIL 21, 1982, AT 2:OO P.M. AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008: The meeting was called to order at 2:05 P.M. by President MacLeod with Direct Almack, Bonas , Kelly, Maerkle and MacLeod answering roll call. A1 so present were General Manager Meadows, Accounti.ng Manager Brammell, Superintendent of Operations Musser, Legal Counsel Swirsky, District Engineer Kubota and Execut Secretary. Wilda Simpson, Ruth Honnold, Roy Ward, Stephen L'Heureux and Rogc Greer (2:07) a1 so attended. Approval of Minutes: Upon motion of Director Maerkle, seconc by Director Almack and unanimously carr the minutes of the regular meeting of April 7 , ;1982, were approved as mailed. Oral Communications from the Audience: Lake Cal avera Hi1 1 s Devel opment General Manager Meadows received Board Reimbursement Agreement and permission to move this matter up on tl Other Matters: agenda and referred to correspondence included in the agenda packet outlinint the issues which Mr. Ward and his attorney, Mr. L'Heureux, wished to discuss The Manager advised that our Engineering and Operations Committee has met w Mr. Ward to discuss .the status of his development and the projects involving the District. District Engineer Kubota said the basic issue under consider- ation is the agreement which the District has with Treetops Unlimited (cover the pipe1 ine they installed in Tamarack Avenue) and which says they will be eligible for a reimbursement agreement for their costs for the pipeline when they finish it. Our Ordinance -No. 26 provides the guidelines for the agreemi Treetops Unlimited has assigned this agreement to Mr. Ward and on this basis Mr. Ward requested a cash settlement. (Copies of the paperwork on this assi ment from Treetops Unlimited to Mr. Ward are on the way. ) District Engineer Kubota emphasized that under Ordinance No. 26 no interest can be paid. Mr. Ward spoke briefly rei'terating some of the material in his letter of April 1 1982. Mr. L'Heureux reviewed the basic facts concerning the 10" line that w built at the request of the District to service offsite property and is of n direct benefit to Mr.. Ward or his property. Mr. L'Heureux explained that so of Mr. Ward's property has been sold to Treetops Unlimited and while there a only two developers involved they would like to "put together a package that resolves not only this issue of the reimbursement but also a number of other items that are of consequence to the District, which the District, both toda and in the future, is going to need to have resolved." He referred to the items Mr. Ward proposed to resolve (Mr. Ward's letter of April 15) at this time; additional acreage for the reservoir site as well as easements and otl rights-of-way that will be needed for other District improvements. Mr. L'Heureux referred again to the unresolved issue as to whether or not the rf imbursement for the 10" line will be done with a cash payment or incrementa' payments as properties surrounding Calavera tap into the line. He advised that Mr. Ward's request is that the Board use its discretionary powers to give him a cash reimbursement of $90,580 which is the sum agreed upon by tht District and Mr. Ward. To encourage the District to pay this amount in cas1 Mr. Ward said he was willing to provide the items referred to in his letter of April 15, i.e., additional land for reservoir expansion, additional righ- of-way, additional cooperation with Treetops. Discussion followed and Lega Counsel Swirsky advised that there are only two problems; the question of t easements and the question of the rights assignmentare going to have to be correct. The first issue concerns Mr. Ward's willingness to make a commitm to the District for a reservoir site of up to 1% acres which would have a r sonabl e market value of $18-$45,000 , and which he would be will ing to a1 low that to apply to any assessments that might be made against his property by the Water District. The second issue is whether the District pays the $90, in cash, as Mr. Ward requests, or not. Upon Director Bonas' request that this issue be referred to Legal Counsel, President MacLeod advised that this has already been done in committee. LE Counsel Swirsky said that the District is under obligation to reimburse Mr. Ward. The Board decision needed was whether this would be paid all at oncc (cash) or in increments. Director Maerkle made a motion that Mr. Ward be r imbursed in cash ($90,580) as soon as the legal technicalities are resolvec seconded by Director Almack and unanimously carried. I I I Organizational Reports: San Diego County Water Authority: Director Maerkle advised that their next the one they had on April 15. The Authority is working with E. F. Hutton on the financing of the No. 3 pipeline ($6 million loan). He then gave some flow and storage statistics. They are considering hydro-electric power plants at both Miramar and Alvarado. meeting will be on April 28, continuing I Association of Water Reclamation Director Bonas reported on the meeting Agencies of North County: of April 8 at which Dr. Wiley Horne and Metropol itan Water District , were the speakers. They gave a presentation on MWD's joint venture program on water reclamation throughout Southern Californi The management committee recommended that AWRA.not take a position for any particular projects. Next meeting will be May 6 with Berk Elkins as guest speaker . Gary Hazel, Senior Engineer for the San Diego Region Water Recla- Director Bonas reported on this meeting mation Agency: held in San.Marcos on April 16, at whicl Bert Elkins advised that the live strear project will probably not be included in the State budget but he thinks the CCBA process will be fully funded. He will be using new equipment to begin testing for heavy metals. The Swedish scientist who designed the equipment will be showing him how it works. Three additional agencies have joined SDRWRA for a total.. of 14. The next meeting will be in Vista on June 18. Recess : President MacLeod called for a recess a 3:03 P.M. The meeting reconvened at -. 3:20 P.M. Presidents and Managers Council President MacLeod reported that 70% of of Water Utilities: the people who attended the fees and review management seminar were water related. The seminar was very successful and they hope to have one once a year. The letter from the committee to LAFCO giving guidelines, has now beer approved by the Council. The District should be receiving a copy when this gets mailed. Harry Griffen' spoke on Proposition 9 and General Manager Meadov said his emphasis was on the fact that time is running out and much work is needed to spread the word for the Canal as there is a vqry active campaign against it in Southern California. Discussion followed'bn the misrepresenta' of cost figures in the anti-campaign. Committee Reports: Reimbursement Agreement: El General Manager Meadows referred to Mr Camino Real Equipment Rental: Miholich's request at a previous Board meeting (see minutes of March 3, 1982) for a reimbursement agreement. This matter has been reviewed by the Enginee and Operations Committee, and their recommendation is that an agreement be written providing that, at no cost to the District, any property to the nort of the rental yard, which ties into the frontage pipeline paid for by the re yard, should reimburse the rental yard with a cash contribution of $1,000. proposal was presented to and is acceptable to Mr. Miholich. After discussi Director Kelly made a motion authorizing Legal Counsel to draft an agreement for Board consideration, seconded by Director Maerkle and unanimously carric Carlsbad Tract 80-38 - Birtcher District Engineer Kubota referred to f Pacific Business Center: memorandum dated March 30, 1982 (in tl agenda packet) which explains the devt oper's request for a lump sum cash reimbursement of $17,500 in lieu of the $39,960 which is due him over a ten-year period, and recommended Board apprc Director Maerkle made the motion approving the cash payment of $17,500, sect by Director Bonas and unanimously carried. Engineering Project Report: Hydro- General Manager Meadows advised that Electric Co-Generation Facility: proposed facility has reached the poi of requiring the preparation of an en neering project report which will not only establish the practicability of project but will serve as the basis of our application for the various exem licenses, etc., from the Federal Energy Regulatory Commission. The quote f Woodside/Kubota is $5,000 for their initial work. There is a total of $20: in our current fiscal budget for this project and the matter has been revic I I -2 - April 21, 19E I by the Engineering and Operations Committee. After discussion, Director Maer made a motion to proceed with the project and allocate $5,000 for the initial work by Woodside/Kubota, seconded by Director Kelly and unanimously carried. Replacement of Residence: The General Manager referred to previou Squires Dam Caretaker discussion on this subject and the memc April 14, 1982 (in the agenda packet) evaluating the alternatives. Director Maerkle summarized the changes to the existing house plans required by curren building codes.. After further discussion Director Maerkle made a motion autt- orizing staff to proceed with investigating the project and securing the necessary information for the Board's consideration, seconded by Director Bor: and unanimously carried. Information - District/City The Distnict Engineer referred to sever discussions in the Engineering and Oper ations Committee which included Roger Greer and which affect the District and the City of Carlsbad. One was the Sheffler Subdivision and the need to builc the T.A.P. line. He advised that Mr. Greer said the City is moving ahead wit the study and evaluation as to.where the pipeline should be. They will be meeting again on this matter. The second item discussed by this Committee was the wholesale connection at t Encina Facility. The City is now processing with the District a fire servicc connection there. Service Planning Committee: No report Personnel Commi ttee: No report from District Engineer Kubota dated .. . ~. General Manager: Operations: The General Manager referred to the OPE ations and Maintenance report in the I agenda pac.ket. Discussion followed. Finance and Administration: The report covering Cash Receipts and I: bursements for the nine months ended March 31, 1982, is iwthe agenda packet. Discussion followed. Purchase Orders: P.O. 42-3051 - Chlorinators and This purchase is required for the rebui Controls, Inc. of our Squires chlorinat.ion station (as previously approved by the Board) and t General Manager requested Board approval of P.O. 42-3051 to Chlorinators and Controls, Inc. for one Wallace & Tiernan V-800 gas chlorinator and one Grunfd centrifugal pump for a total of $4,669.30, to be installed by our own men. C rector Bonas made the motion to approve the purchase, seconded by Director Ke and unanimously carried. P.O. 42-3053 - Marden Susco General Manager Meadows requested Board approval of P.O. 42-3053 to Marden Susc for various quantities of flanges, nuts, bolts, gaskets, etc., for a total of $655.12 (already reimbursed to the District by one of our agricultural accoun Director Maerkle made the motion approving the purchase, seconded by Director Kelly and unanimously carried. I P.O. 42-3058 - Industries Supply The General Manager requested Board ap- proval of P.O. 42-3058 to Industries Su for one 4" gate valve, flanges, etc., for a total of $616.92. Director MaerE made the motion, seconded by Director Almack and unanimously carried. Dump Truck The General Manager referred to this bu geted item which has been brought befor the Engineering and Operations Committee for review and modification of the specifications to take advantage of market conditions. The intent is to shop for a used truck, preferably a repossession. He requested Board approval of the specifications (see agenda packet) and authorization of the staff to ad- vertise for bids. After discussion Director Maerkle made the motion requeste seconded by Director Almack and unanimously carried. Other Matters: Tour of District General Manager Meadows referred to his 9 A":l 91 1003 I memo concerning a tour date. Discussion followed and Director Maerkle suggest€ firming this up at the first meeting in May. The General Manager said he woulc prepare an itinerary. District Engineer: Offer and Acceptance List The following list was presented to the Legal Counsel explained that this can be covered with one motion. CMWD 76-203 - Palomar Airport Bus- Developer: Mitsui Fudosan (U.S.A.), dba iness Park Unit No. -2, CT 73-49 Palomar Airport Business Park; Amount Lots 16, 17 and 18 $282,811.00; Date of Agreement, November .Board for their review and acceptance. 1976. CMWD 80-211 - Palomar Airport Bus- Developer Mitsui Fudosan (U.S.A.); Amoun iness Park Unit No. 2, CT 80-33 $30,030.00; Date of agreement, March 25 , Resubdivision of Lot 16 1981. CMWD 80-213 - Palomar Airport Bus-. Developer: Mitsui Fudosan (U.S.A.); Am0 iness Park Unit No. 2, CT 80-34 $161,573.00; Date of Agreement, March 25 Resubdivision of Parcels B and C 1981. CMWD 81-219 - Palomar Airport Bus- Developer Mitsui Fudosan (U.S.A.); Amour iness Park Unit No. 2, CT 80-341 $5,900.00; Date of plan approval , Decemf PC 81 -318, Lot 12 ,.. Parcels B ti C 15, 1981. CMWD 80-206 - Palomar Airport Bus- Developer: Bank of America; Amount $10. iness Park Unit No. 1, Bank of Date of plan approval , June 2, 1981. America , CT 79-1/CUP 178(A)Parcel 6 CMWD 79-41 3 - LaCosta Val 1 ey, Cas- KAP Development Corporation; Amount $1 0 itas de la Costa, CT 79-23/CP 32 Date of Agreement , June 22 , 1981. Lot 247 After discussion of this new format to handle routine matters, Director Maerk made a motion to accept the six items listed above, seconded by Director Alma and unanimously carried. ' Andrex Development - Buildings A . District Engineer Kubota asked for Boar and B, CMWD 82-202 - CT 80-47 justment of a motion made at the last B meeting. This developer has changed tt request and want approval of the fire service for Building A only. After dis cussion Director Maerkle made a motion amending the action of the meeting of April 7, 1982, approving fire service for Building A only, seconded by Direct Almack and unanimously carried. Informational-Treetops Subdivision District Engineer Kubota advised that t engineering drawings for this subdivisi have been turned in to the engineering department but they are taking no acti pending a determination by City management regarding the water plans. The D' Engineer has advised the developer that the District will proceed with the p' checking if requested. Informational-Southridge Trails The District Engineer advised that he I and Leisure Village - Oceanside had a field conference with the develo; of one of these projects which looks a' though it may run into our water line. One development will have 1772 units 472 acres and the other 1898 units on 398 acres. Legal Counsel : Park and Ride Legal Counsel Swirsky advised that in ruary 1980 the Board approved an agree based upon the format provided by the State, in which they would provide pub liability insurance on the property at all times. CalTrans has recently con tacted us and indicate that they would like to modify that agreement to prov self-insurance. Upon Legal Counsel's recommendation, Director Bonas made a to authorize the agreement with CalTrans on the park and ride to include thc insurance clause by CalTrans, rather than a commercial insurance, subject tc review and approval of the District's legal counsel, seconded by Director Mi and unanimously carried. I I -4- April 21, 198: Ratification of Checks: Upon motion of Director Maerkle, secondec by Director Bonas and unanimously carriec the Board ratified the issuance of Checks No. 7782 through No. 7836 for the period from April 9, 1982, to April 20, 1982, in the sum of $119,877.23. Directors' Reports: San Diego Water Reuse Study - .Director Bonas reported on this meeting Executive Committee - April 19 at which filtration systems and rejuven- ation of the basins were discussed. Men1 was made concerning the delay in Costa Real's agreement with Buena Sanitation and Shadowridge.. Discussion followed with General Manager Meadows commenting that this delay has been caused because of the poor quality of the water from Shadowridge and because the agreement that was sent to us from the County did meet with the District's approval and must be substantially modified. In addi the Executive Officer of the Regional Water Quality Control Board recommended that we be in no rush because of the poor water quality. Regional Water Quality Control Director Bonas advised that this meeting Board Hearing - April 19 consisted of listening to about two hour of testimony on basin plan amendments wi the hearing continued to May 24 when they hope to make their decision. I Adjournment: The meeting was adjourned at 4:43 P.M. t the next regular meeting on May 5, 1982. .. Respectfully submitted, -. /2?5&%%&/&?222: +Z5Ly /- President of the Board of Directors I I -5- April 21, 1982