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HomeMy WebLinkAbout1984-09-26; Municipal Water District; MinutesP:IKUTES OF TEiE ADJOUF.NED 3EG';LkR MEETING OF THE BOARL, OF DIRECTOXS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON SEPTEMBER 26, 1984 AT 2:OO E.M., AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008 The meeting was called to order at 2:03 p.m. by President Almack with Directors Bonas, MacLeod, Kelly, Maerkle and Alma& answering roll call. Also present were General Manager Meadows, Controller Brammell, Superintendent Musser, Legal Counsel Swirsky, District Engineer Kubota and Executive Secretary. Terrance Rodgers, William Jubb, Ray Woodside and others also attended. I Notice of Adjournment: Legal Counsel Swirsky presented inclusion in the official Minutes Register, a Notice of Adjourn- ment of the regular meeting of the Board of Directors of Costa Real Municipal Water District from September 19, 1984, to Sep- tember 26, 1984, at 2:OO p.m., along with a Declaration of Posting signed by Florence M. Woodward. He.;'stated that this is a regu- larly constituted meeting and anything can be brought before it. Workshop Meeting: President Almack suggested that this be a workshop so that the reports requested from Staff can be discussed among the Board with input from the audience. Actual actions will be summarized and resolved at our next regular meeting on October 3. New Seating Arrangement: . General Manager Meadows explained Staff idea, made in an effort to achieve better communications between Board and Staff. It is an experiment and he asked for feedback. Consideration of Santa Fe I1 Reservoir Construction Contract: Report from General Manager: General Manager Meadows briefly District's efforts to. acquire the site for this reservoir. Mr. Endeman has filed the condemnation suit. Once the site is acquired the District can be on the property and can begin construction. The completion of the reservoir as set forth in the financial documents is August 1985; however, we are behind schedule. He expressed the hope that the Board can make a decision as to awarding a construction contract in as timely a manner as possible. Report from District Engineer: District Engineer Kubota distri- buted copies of his memo to Pres- ident Almack with attached flow chart showing the proposed overall project schedule (see copy in agenda packet)- In response to Di- rector Almack's inquiry regarding going to public bid, Mr. Kubota advised his memo and schedule are based on going to public bid. Determination as to whether to go to bid or to negotiate a contract is still to be decided by the Board. Shortening the rec- ommended bid period was discussed but no acti'on was taken. Also of concern to the Board is the length of time before the site can belong to the District. Legal Counsel was asked to respond. Report from Legal Counsel: Legal Counsel Swirsky advised resolution of necessity. The suit in les pendens was filed yes- That check has now been forwarded to the court. The law provides that upon the deposit of funds and upon adequate information being given to the court, an order of immediate possession will allow the District to take the site. The length of time can be between 3 and 90 days before getting possession. Special circumstances are needed in order to acquire possession in 3 days. Mr. Endeman has advised Mr. Swirsky that the normal waiting period that the court requires is 30 days. Mr. Swirsky added that if the Board went to a negotiated contract this could be considered special circumstances by the court and the attorney could try for possession in 3 days. If the Board wants to go to public bid then the 30-90 day period would apply as well as the schedule shown in Mr. Kubota's memo. to the Executive Secretary for that the new arrangement was a I summarized the status of the that the District has adopted the - terday by Mr. Endeman, who also requested a deposit of funds. After further discussion, Director Maerkle made a motion author- izing the eminent domain attorney to prepare the necessary doc- uments to acquire possession of the Santa Fe I1 reservoir site no later than December 5, 1984, seconded by Director MacLeod and unanimously carried. Recess: President Almack called for a recess at 2:55 p.m. The meeting reconvened at 3:lO p-m- I Legal Counsel Swirsky continued with his report by advising that the written second opinion on the negotiated contract has not been received as yet. Mr. Swirsky then distributed copies of an outline he prepared on the financing program and on the site acquisition program, giving dates and times and indicating what has been transpiring. He sug- gested the Board review it before the next Board meeting. Consideration of Tri-Agencies Pipeline Reservoir Con- struction Contract: Report from General Manager: General Manager Meadows referred and Mr. Kubota's memo of September 12 (see agenda packet). He added that the site and all necessary easements have been acquired. As the excerpt frbm the minutes indicates, the Board did authorize "negotiations to commence for the engineering con- struction contract" for this project. If the Board wishes to change that approach then this project also will go to public bid. This will require Board action to get the bid process underway. Report from District Engineer: District Engineer Kubota reviewed in the minutes of August 1, 1984, as being approval of his plans based on going to a negotiated construction contract. He distributed his report dated September 25, 1984, on negotiations with Weardco Construction Company, our contractor for the La Costa Hi Reservoir. He summarized the report and recommended that the project be awarded to Weardco if the Board decides to stay with a negotiated contract. Discussion followed on the cost figures and the possible requirement to go to public bid. Legal Counsel repeated that we are still waiting for a second legal opinion on this. Director Bonas expressed concern regarding "royalty payment" to Calavera Hills Company for dirt and the cost of having South Coast Asphalt Company haul away the rock. It was suggested that these costs should be determined. Report from Legal Counsel: Legal Counsel Swirsky advised the Weardco in a very difficult bidding position should the Board decide to go to public bid. Director MacLeod indicated he would not vote for a negotiated contract until he was sure it was legal, and that the legal opinion would be the determining factor. Report from Special Committee Director Maerkle postponed this on Headquarters Expansion: report to the next regular Board to his memo dated September 13 1 the Board action on this project Board that they have placed I- meeting on October 3. Oral Communications from the Audience: None Other Matters: Proposition 36: Director Maerkle referred to an article in a Riverside paper as well as other publications explaining the difficulties special districts such as ours will have if this proposition is passed. He advised the Board to consider this. -3- Cnntornhor 76 1484 San Diego County Director Maerkle reported or? an- Water Authority: other meeting regarding the al- supply they are studying. There is some concern as to water rights of other states and a question as to whether the proposed arrangement-is legal. ternative Colorado River water Adjournment: The meeting was adjourned at 3:53 p.m. to the next regular meeting October 3, 1984. I Respectfully submitted, -. i I I- - ?- Sentember 26. 1984