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HomeMy WebLinkAbout1984-10-03; Municipal Water District; MinutesI MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON OCTOBER 3, 1984, AT 2:OO P.M., AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008 The meeting was called to order at 2:OO 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. Terry Rodgers, Larry Willey, Ruth Honnold, Wilda Simpson and William Jubb (2:35) also attended. Approval of Minutes: Upon motion of Director Bonas, seconded by Director Maerkle and unanimously carried, the minutes of the regular meeting of September 19, 1984, were approved as mailed. Organizational Reports: San Diego County Director Maerkle advised that Water Authority: there will be a special meeting on Friday regarding importing of water through the deal with the Galloway Corporation. He said that some of the member agencies are preparing resolutions promoting this action and read the resolution from the Rainbow Water District which also promotes water conservation in Imperial Valley. Director Maerkle then made a motion instructing our Legal Counsel to prepare a resolution using the Rainbow Water District resolution as a guide, seconded by Director MacLeod and carried with Director Bonas voting "no." Association of Water Director Bonas advised that the Reclamation Agencies: next meeting is scheduled for tomorrow at 9:00 a.m. here at the District. The speaker will be Fred Henker from James Montgomery Engineers. The subject will be energy management and waste water reclamation. Association of California Water General Manager Meadows re- Agencies: Fall Conference, ferred to his memo and the ten- November 28-30; Monterey tative conference agenda and recommended authorization for attendance by the General Manager and the Controller. Director Maerkle made a motion authorizing attendance by the General Manager, Controller, Legal Counsel, District Engineer and any Directors wishing to attend, seconded by Director Kelly and unan- imously carried. The deadline for registration is November 21, so it was requested that the secretary be notified at the Board meeting on November 7. Water Agencies Association of The General Manager referred to San Diego: Quarterly Meeting, this meeting and asked that the October 18, Escondido secretary be informed as to at- I tendance by October 11. Director Bonas-Presentation At Director Bonas' direction the following is entered in the record verbatim. (Director Bonas) "Mr. Chairman, I have some- thing I'd like to share w'ith you at this time." (President Almack) "Yes, of course." (Director Bonas) "Saturday's mail brought me a couple of mailings and I'd like to share this one with you. This is from one of the Directors. (She distributed copies) I presume it's an answer to my memo of September 12 and, I feel for six years I've been sitting here taking insults, and I felt that this was the time to finally call a halt to it. I don't know whether you Directors, the rest of you, have ever received a letter like this, and if you have what do you think of it? Am I wrong to be angry? I think this will set the tone for the day." (Director Kelly) "1 will vote for you." (President Almack) "What did you say Allan?" (Director Kelly) "Well I think she has the right to be angry." (Director Bonas) ''1 just felt this was a good place to share it. And that's all I have to say l- I I I - at the moment." (President Almack) "You wouldn't call this a love letter would you?" (Director Bonas) "NO. I donlt think had I been a man it would have ever been sent, either. (President Almack) "Well, I share Allan's feelings and ... I don't know what else to say ... I mean, I'm sorry this happened. I don't see anything funny about it." (Director Maerkle) ''I'm sorry that you took it that way. I meant it as a.... 'I (Director Bonas) "compliment?" (Director Maerkle) "NO, as constructive criticism, and if you feel that way I want to apologize. But I feel that it was trying to be constructive. ..a criticism at times and if you take it that way, fine." (Director Bonas) "Well, I'll accept your apology, but I feel ....*I (Director Maerkle) "At least I signed my name to it so there was no question, and if I had wanted to be otherwise I wouldn't have signed my name to it Margaret." (Director Bonas) "The point is it shows poor judgment and if :you're accusing me of it, I think your note speaks for itself." (President Almack) "Are you satisfied to accept the apology in the manner in which it was given and can we carry on with the rest of the meeting?" (Director Bonas) "Sure. 'I (President Almack) "Thank you, Margaret." Committee Reports: Finance: General Manager Meadows re- ferred to the workshop meeting Santa Fe I1 Reservoir held on September 26, and Staff Construction Contract: response to President Almack's Tri-Agencies Pipeline these projects. Reservoir Construction Contract: Legal Counsel Swirsky advised time for the workshop meeting was the second opinion from the bond counsel as to the legality of going to a negotiated contract. The bond counsel states that, based on the facts he has, it should be a public bid proceeding. Mr. Swirsky advised that he called bond counsel last Monday and discussed with him the possibility of Imperial Securities Corporation (the actual 1essor.and the actual seller) signing the contract rather than the District. Mr. Swirsky added that under our installment sale agreement it is actually Imperial Securities which is the seller and agrees to construct these particular reservoirs for the District, and the District agrees to pay a certain amount of money back for them, Bond counsel was going to discuss this with another attorney and Mr. Swirsky is still waiting for a call back, There was some concern that Imperial Securities might dissolve after the assignments were made on this particular transaction, however they are still existing as a paper corpor- ation under the authority of the Imperial Bank. Mr. Swirsky agreed with the General Manager that the Board should take some type of action today to allow these projects to proceed. He reviewed the Tri-Agencies Pipeline project for which the Board authorized and approved the plans and specifications on August 1, 1984, for construction contract negotiations, subject to the consent of Mr. Sanders and his engineer; authorized the negotiations to commence for an engineering construction contract and authorized to negotiate with the property owners on the temporary easements. In the Bartle Wells report adopted by this Board, the estimated completion date for this reservoir is July 1985. In a subsequent agreement entered into with Mr. Sanders, the District stated it would complete the reservoir by May 1, 1985. Mr. Swirsky then reviewed two factors in favor of negotiated contracts for both these projects. (1) The time element; two or three months can be saved by not going to public bid; (2) in a public bid you are required to accept the lowest responsible bidder whereas in a negotiated contract you are in a position to negotiate with a reputable contractor with a proven record, and based on our Engineer's statement that such a contract is a reasonable amount. request for reports on both that the report not received in -7- nctnhpr 3- 1984 Mr. Swirsky then reviewed the scheduling dates as proposed by the Engineer for a negotiated contract with a completion date of approximately July 30, 1985. The'public bid proceeding would set the completion date at approximately October 30, 1985, if the normal scheduling is used; however, this can be shortened if the Board desires. Director Bonas made a motion to go to public bid, seconded by Director Kelly.' Discussion followed. President Almack said he would abstain from voting until a written decision from the bond counsel was received. After further discussion the Board instructed Mr. Swirsky to again. call bond counsel in San Francisco concerning their decision that the District should go to public bid. Director MacLeod made a motion to lay the above motion on the table, seconded by Director Maerkle and unanimously carried. I Recess: President Almack called for a recess at 3:06 p.m. The meeting reconvened at 3:21 p.m. Legal Counsel reported on his phone contact with Mr. Madison and that a written decision should be available by Monday. Director MacLeod made a motion to bring back the previous motion, seconded by Director Maerkle and unanimously carried. Mr. Swirsky recommended, assuming that a report will be received from Jones Hall Hill and White on Monday, that this Board meeting . be adjourned to October 10 at 1O:OO a.m. After reviewing scheduling dates for both proje,cts, for public bidding procedure and for negotiated contracts, Mr. Swirsky recommended that the Board authorize documents to be prepared for advertising and the bid documents, plans and specifications for the Tri-Agencies Pipeline Reservoir be ready for the meeting on October 10 for review and approval. The same preparation is to be done for the Santa Fe I1 Reservoir for review and approval at the regular Board meeting on October 17, 1984. Recess: Recess was called at 3:40 p.m. so Legal Counsel could prepare the motion to be acted on. The meeting resumed at 4:OO. Director Bonas withdrew her previous motion and made her motion as follows: "In order to avoid the appearance of any impropriety, that the District adopt public bid proceedings in reference to awarding the contracts for construction of TAP RESERVOIR and SANTA FE I1 RESERVOIR and appurtenances thereto; That the District Engineer be authorized to prepare the necessary documents, plans and specifications for consideration of the Board by the following dates: I TAP RESERVOIR Documents - October 10, 1984 SANTA FE I1 RESERVOIR Documents - October 17, 1984 I- That the following schedule be adopted for the public bidding procedure and awarding of the contracts: TAP RESERVOIR SANTA FE I1 RESERVOIR Approval of plans and specifications and bid documents and authorize advertising for bids 10/10/84 10/17/84 Bid opening 11/21/84 12/5/84 Award of contract 12/5/84 12/19/84" seconded by Director Kelly and carried with Director Almack abstaining, pending receipt of the opinion from bond counsel. -3- October 3, 1984 Manager Meadows asked about the crib wall. The District Engineer responded that this is a separate issue. Legal Counsel recommended that "it would be just exactly as Weardco is and proceed because you're trying to build a reservoir. That supplies water. The crib wall and the trees are for the benefit of Mr. Sanders. 'I Acquisition of Site for Legal Counsel asked for and Santa Fe I1 Reservoir received Board concurrence to stay with the December 5 date for the eminent domain attorney to use in filing the documents. Special Committee on Head- Director Maerkle advised that quarters Expansion: he didn't have time to pick up at the adjourned Board meeting on October 10. General Manager: Operations and Maintenance: Purchase of Vehicles: General Manager Meadows referred tendent's memo with attachments (see agenda packet) describing proposed replacements for units 14 and 30. Director Maerkle rec- ommended that the transmission on the one-ton truck be changed to read 'manual.' Mr. Musser was instructed to bring back a revised proposal to the next regular board meeting. Director Maerkle then made a motion approving the purchase of the 4-wheel drive vehicle for the sum of $10,619.10, seconded by Director MacLeod and unanimously carried. Vehicles Declared Surplus: The General Manager asked for and 30 as surplus, to be sold or traded. Director Bonas made the motion, seconded by Director MacLeod and unanimously carried. I the sketches but would have them to the Operations Superin- I Board action to declare units 14 ~" Superintendent's Report: General Manager Meadows referred to this report in the agenda packet. Discussion followed. Finance and Administration: Certificate of Participation Legal Counsel advised that the Disbursement Procedures first action required is ap- to Weardco Construction Company, for $21,776.20, for work on the La Costa Hi Reservoir. Director Kelly made the motion, seconded by Director Maerkle ,and unanimously carried. The second motion recommended by Legal Counsel is approval of Cer- tificate No. 2, dated October 3, 1984, in the total amount of $215,981.13, on the Certificates of Participation, Series 1984. Director Maerkle made the motion, seconded by Director MacLeod and unanimously carried. Newsletter and Public Notice Mr. Meadows referred to the cation of the approaching change in the water purification system. Carlsbad residents should be receiving the mailing today. District Engineer: proval of progress payment No. 5 I- newsletter and public notifi- Capital Projects: Progress Payment: Water Main District Engineer Kubota distri- Replacement in Pi0 Pic0 Drive buted his memo with attachment and Highland Drive (see agenda packet) and recom- progress payment in the amount of $51,223.50 to Bob Baker Con- struction Company. Director MacLeod made the motion, seconded by Director Maerkle and unanimously carried. mended Board approval of -4- nrtnhpr 2. 1984 Carlsbad Boulevard Bridge at Agua Hedionda Lagoon (Information only) The District Engineer distri- buted his memo on the status of this project (see agenda packet) (no action required). Development Program: Request for Use of District District Engineer Kubota re- Easement for Trash Bin viewed this request from Pace- (Pacesetter Homes) setter (see memo, letter, photos packet). After discussion and upon Legal Counsel's recommendation Director Maerkle made a motion granting the request subject to Pacesetter Homes, Inc. executing the agreement, and the President and Secretary signing on behalf of the District, seconded by Director Kelly and unanimously carried. Request from City of Carlsbad The District Engineer advised Engineering Department - that Pea Soup Andersen is get- I and draft agreement in agenda CMWD 84-510 ting ready to build for the Chamber of Commerce. He dis- tributed a sketch showing the proposed relocation of the water line (see agenda packet) and advised that the City Engineering Dept. is asking the District for conditional approval for the relocation of the existing 12" line. Mr. Kubota recommended that the Board authorize the President and the District Engineer to sign the plans when completed in final form. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. Consent Calendar: Ratification of Checks; After a brief explanation of the Purchase Orders/Invoices; made a motion approving the Director Maerkle made a motion seconded by Director MacLeod and unanimously carried. Adjournment: Upon motion of Director Maerkle, unanimously carried, this meeting of October 3, 1984, was duly adjourned to October 10, 1984, at 1O:OO a.m. This portion of the meeting was adjourned at 4:33 p.m. I easement items by the Engineer, approving the consent calendar, seconded by Director Bonas and Respectfully submitted, /&&%.Ad 0. /resident, Board of Directors / Secretary, Boar of Directors /'i I- I -5- October 3, 1984 DECLARATION OF POSTING I I , the undersigned, say: 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, at 5950 El Camino Real, Carlsbad, California, on October 4, 1984, and within twenty-four hours of the adjournment of the regular meeting of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRI.CT ON October 3, 1984. I, I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 4, 1984, at Carlsbad, California. “--A” 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 October 3, 1984:; has been adjourned to October 10, 1'984', at 1O:OO a.m. in the Board room, COSTA REAL MUNICIPAL WATER DISTRICT, 5950 El Camino Real , Carlsbad, Cal ifornia. DATED: October 4, 1984. -1 "...?fl>fl ,,&&kg I _-. /"+--"- /.FL.;- FRED W. MAERKLE, ,S@ etary of and of the Board of Directors thereof COSTA REAL MUNIKIP L.WATER DISTRICT I-