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.
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statute, a notice of intent to
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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
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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 .
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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-
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-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
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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
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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
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- 4- September 19, 1984
DECLARATION OF POSTING
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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
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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
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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
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