Loading...
HomeMy WebLinkAbout1984-09-19; Municipal Water District; MinutesKINUTES OF TEE REGULAR MEETIKG OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, EELD ON SEPTEMBER 19, 1984, 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 Almack with Directors Bonas, MacLeod, Kelly, Maerkle and Almack answering roll call. Also present were General Manager Meadows, Controller Brammell, Superintendent Musser, Legal Counsel Swirsky, District Engineer Kubota and Executive Secretary. Ronald Endeman, Terrance Rodgers, William Jubb, Wilda Simpson, Harold Engelmann and Robert Galloway (3:35) also attended. Approval of Minutes: Upon motion of Director Maerkle, seconded by Director Kelly and unanimously carried, the minutes of the regular meeting of Sep- tember 5, 1984, were approved as mailed. Closed Session: Possible At 2:08 p.m. Director Maerkle Litigation made a motion to go into closed session on matters concerning possible litigation, seconded by Director MacLeod and unanimously carried. Legal Counsel Swirsky advised that upon.motion of Director Maerkle, seconded by Director Bonas and unanimously carried, the Board went out of closed session and returned to regular session at 2:28 p.m. with all Board members present. Santa Fe 11 Reservoir Eminent Legal Counsel Swirsky advised Domain Proceedings: that in accordance with the adopt a resolution of necessity to acquire this property by eminent domain, was sent to the record owners of the property on August 30, 1984, advising them that they had a right to appear today before the Board if they wished to make any comments in reference to: (1) that public interest and necessity require the project; (2) that the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (3) the property sought to be acquired is necessary for the project. In addition a summary statement was submitted in reference to the property and an offer was submitted in reference to the acquisition of the property which includes a reservoir site, fee ownership of 2.22 acres, a transmission main which would be a permanent easement of 1.41 acres, a reservoir access road which would be a permanent easement of 2.87 acres, a temporary construction easement for transmission main of 2.11 acres, and a temporary stockpile area for reservoir construction of 1.10 acres. Now added is a temporary easement for slope purposes consisting of .06 acres. District Engineer Rubota reviewed the background leading up to the current status of the project, recommended that the Board proceed with acquisition of site and reiterated the three reasons listed above by Legal Counsel. Legal Counsel distributed copies of the resolution of necessity which includes the necessary language that the eminent domain counsel needs for the legal proceedings as well as a copy of the legal descriptions, and recommended its adoption as Resolution No. I statute, a notice of intent to I - 457. Resolution No. 457 - Declaring Upon recommendation of Legal Public Necessity for Acqui- Counsel, Director Maerkle made sition of the Property for the the motion, seconded by Director Santa Fe I1 Reservoir Site MacLeod, and after discussion Resolution No. 457, entitled: "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF PROPERTY FOR CONSTRUCTION, OPERATION, REPAIR AND MAINTENANCE OF A RESERVOIR AND RELATED EASEMENTS FOR PIPELINES, INGRESS AND EGRESS AND CONSTRUCTION, AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND INTERESTS IN REAL PROPERTY TO BE USED IN CONNECTION THEREWITH," was adopted by the following vote: . AYES: Directors: Bonas, MacLeod, Kelly, Maerkle and Almack NOES : Directors: None ABSENT : Directors: None I Organizationa.1 Reports: San Diego County Director Maerkle reported on Water Authority: their meeting of September 13. politan Water District presented arguments against the Water Auth- ority's pending agreement with the Galloway Corporation for addi- tional water. Another meeting is scheduled for September 20 to clear up some of the legal questions. Association of Water Director Bonas reported on their Reclamation Agencies: meeting of September 6. Dr. Bahman Shiek of Engineering Science gave a presentation on their Castro Vally project in Monterey County. The next meeting is scheduled for October 3. California Special Transportation was coordinated Districts Association: for attendance at the reorgani- chapter, to be held this evening in Poway. Presidents and General Manager Meadows advised Managers Council: that three .pieces of legislation that have been supported by our District and other North County agencies, were recently signed by the Governor. These have to do with subsidiary district pro- cedures in the District Reorganization Act. The proposed Pam0 Dam will be on the November ballot within the Water Authority's area. A slide program is available to member agencies and Pete Rios of the Authority will be making presentations to interested groups. Representatives of the Metro- zational meeting for the local . I Recess: President Almack cal1e.d for a recess at 3:02 p.m. The meeting reconvened at 3:17 p.m. Committee Reports: Engineering and Operations: Evans Point Site Study: Legal Counsel Swirsky advised sidered by the District is Lot I of Rancho Agua Hedionda which is currently owned by our Director Kelly. He distributed copies of excerpts of statutes regarding conflicts of interest and advised Director Kelly not to participate, influence the other Board members or vote on the issue. Mr. Swirsky said that he will provide a full written report after he has completed his investi- gation. He added that it is not required that Mr. Kelly leave the meeting when this subject is discussed. General Manager Meadows said that Staff has met with represen- tatives of the property owner and developer. The District has budgeted $20,000 to do a study to identify a reservoir site. District Engineer Kubota introduced Mr. R. M. Galloway who rep- resents the developer of the Kelly property. Mr. Kubota then reviewed the scope of work to be performed, as follows: (1) floor elevation of site must meet criteria; (2) selection of alternative site locations; (3) soils and geology tests on selected site; (4) environmental considerations; and (5) site acquisition. Mr. Kubota recommended Board action authorizing commencement of the first step only, at a cost not to exceed $4,000. Director Maerkle made the motion, seconded by Director MacLeod. After discussion during which it was determined that construction of this proposed reservoir is not covered in the Certificates of Participation, the motion was unanimously carried. that the property being con- I- -2- Smternber 19, 1984 FirAance: Director Naerkle made a moticr: tabling these two items under Santa Fe I1 Con- the Finance Committee and the struction Contract: Special Committee item on head- Tri-Agencies Pipeline Res- on September 26, 1984, to which ervoir Construction Contract: today's meeting will be ad- Special Committee on Head- Bonas and unanimously carried. quarters Expansion: Water Conservation: Director Bonas reported on this meeting of- September 14 at which they reviewed the layout for the newsletter which is to be mailed along with the public notification on chloramination of the water by Metropolitan Water District beginning November 1, 1984. A ten- tative date (December 11) has been,reserved at the Cultural Arts Center for the awards program for WOW! (Minutes in agenda packet.) General Manager: Operations and Maintenance: No special report. Finance and Administration: Controller Brammell referred to consent calendar. General: Manager Meadows mentioned that with the computer capabilities we now have at the District, he would event- ually like for himself and the Controller to visit Bartle Wells in San Francisco to get their format and acquire their information to load into our equipment and do financial forecasting, etc. Bartle Wells has volunteered their cooperation. No, date.set as yet. District Engineer: Capital Projects: quarters expansion, to 2:OO p.m. journed, seconded by Director I the list of investments in the I La Costa Hi Reservoir Status Report: . The District Engineer advised that this report will be pre- sented at the first Board meeting in October. Development Program: Consideration of Cash Reim- District Engineer Kubota referred bursement: Carlsbad' Tract to his memo with attachment in 81-10A -- Carlsbad Research the agenda packet and recommended Center, Unit No. 2 Board approval of reimbursement to the Carlsbad Research Center in the sum of $17,232.45, pursuant to the reimbursement agreement dated November 15, 1983. Director MacLeod made the motion, sec- onded by Director Maerkle and unanimously carried. Consideration of Cash Reim- The District Engineer reviewed bursements: Carlsbad Tract the project (see memo and at- . 81-47 -- Villages C and D, tachments in agenda packet) and Calavera Hills recommended Board approval of re- Unlimited in the amount of $15,936.30 in accordance with the reim- bursement agreement dated October 25, 1982. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. Mr. Kubota then recommended Board approval of reimbursement from future developments to Treetops Unlimited in the sum of $84,874.15 pursuant to the reimbursement agreement dated October 25, 1982. Director Maerkle made the motion; seconded by Director Kelly and unanimously carried. Discussion followed concerning the feasibility of deducting any funds owed the District by the developer from future reimbursement funds. Monthly Report of Activities: The District Engineer referred to I- imbursement to Treetops this list in the agenda packet. - 3- September 19, 1984 1nv;tatLon for CRMWD to Annex District Engineer Kubota referred Reservoir Property to City c.f to his memo and attachments in Carlsbad: the agenda packet. Discussion Meadows suggested asking LAFCO for a statement. Legal Counsel Swirsky recommended asking Mr. Agatep to make a presentation to the Board. Director Kelly made a motion to that effect,.seconded by Director Bonas and carried with Director Maerkle voting 'no.' Staff was instructed to write the letter to Mr. Agatep. followed. General Manager I Carlsbad Tract 81-30 -- District Engineer Kubota reviewed Pacesetter No. 2 the sketch (see agenda packet) showing location of the trash en- closure over our pipeline easement. After discussion Mr. Kubota said he will bring photos of the area to the next Board meeting. No action taken at this time. Legal Counsel: Legal Counsel Swirsky advised mittee's recommendation that this meeting be adjourned to 2 p.m. on September 26, 1984. Consent Calendar: Ratification.0.f Checks; Director Maerkle made a motion Ratification of Investments; approving the listed consent Purchase Orders: calendar items as well as the Tague Insurance Agency (see agenda packet), seconded by Director Bonas and unanimously carried. Adjournment: Upon motion of Director Maerkle, unanimously carried, this meeting of September 19, 1984, was duly adjourned to September 26, 1984, at 2:OO p.m. This portion of the meeting was adjourned at 4:17 p.m. that it is the Finance Com- insurance premium billing from seconded by Director Bonas and I Respectfu y, submitted, .,//.,,*I& 4 ./' y' President, Board of Directors I-. - 4- September 19, 1984 DECLARATION OF POSTING I ~ I, the undersigned, say: That I am a citi.zen of the United States, over eighteen I (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 th.e b.ulleti:n board of COSTA REAL MUNICIPAL WATER DISTRICT, at I 5950 El Cami:no Real , Carl sbad , California, on September 29 , 1984, and wi.thin twenty-four hours of the adjournment of the regular meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT on Septemb.er 19, 1984. I declare, under penalty of perjury, that the foregoing i:s true and correct. Executed on September 20, 1984, at Carlsbad, California. *xq&& F1 orence M. Woodward I- I NOTICE OF ADJOURNMENT Notice is hereby given that the regular meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT on September 19, 1984, has been adjourned to ,: September 26, 1984, at 2:OO p.m. in the Board room, COSTA REAL MUNICIPAL WATER DISTRICT, 5950 El Carnino Real, Carlsbad, California. DATED: September 20, 1984. 1 &/&& / A FRED W. MAERKLEL5ecretar.y of COSTA REAL MUWfClfPAL WATER DISTRICT and of the Board of Directors thereof I-