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HomeMy WebLinkAbout1984-12-19; Municipal Water District; MinutesMINUTES OF TEE REGELAR MEETING OF ?:'BE BOARI; OF DIkZCTGRS OF COSTA REAL NUNICIPAL WATER DISTRICT, HELD ON DECEMSER 19, 1984, AT 2:OO P.M., AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008. I The meeting was called to order at 2:02 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. Harold Engelmann, Terry Rodgers, Susan Haasl and Larry Willey also attended. Approval of Minutes: Upon motion of Director Bonas, seconded by Director MacLeod and unanimously carried, the minutes of the regular Board meeting of December 5, 1984, were approved as corrected. Santa Fe I1 Reservoir: Overruling Determination Legal Counsel said that in ac- by City of San Marcos cordance with Government Code Section 65402, the General Manager applied to the City of San Marcos regarding conformance of our SantaFe I1 Reservoirprojectwiththeir General Plan. On December 11, 1984, San Marcos ruled it was not in conformance. Legal Counsel then advised that subparagraph (c) of the above referenced code provides in part that if the planning agency disapproves the location, purpose or extent of such acquisition disposition, or the public building or structure, the disapproval may be overruled by the local agency. Our eminent domain attorney has recommended that the Board adopt a resolution overruling the decision of the planning commission of the City of San Marcos so that all items will be cleared on the site. Mr. Swirsky then distributed copies of a resolution for Board consideration. Resolution No. 458 - Overruling After Mr. Swirsky read the the Decision of the San Marcos resolution, Director Bonas Planning Commission Regarding asked if any reason was given Santa Fe I1 Reservoir Site for the overruling by San Marcos, and also asked if we have to annex the property. Mr. Swirsky replied that no reason was given for the overruling. He said annexation is recommended by Staff to avoid the real property tax that would accrue on any improvements made to the property. Estimated tax could be $50,000 to $60,000 a year. Mr. Swirsky said there may be a problem in annexing because the property is not contiguous to the boundaries of the District. In response to Director Bonas' inquiry as to status of title, M'r. Swirsky responded that the District now has possession as of December 5, 1984. There will be no ownership until a judgment has been entered by the court or there has been settlement between the parties. If this goes to trial it could take from a year to a year and a half. Director Kelly felt that Staff was very remiss in not finding out these things a long time ago. Mr. Swirsky said that the Planning Director had advised Staff a long time ago, in writing, that there was no problem with the District's plan. A response from the San Marcos Planning Commission was requested by Mr. Endeman after the eminent domain proceedings were started. General Manager Meadows said it was when we got into the deposition phase that it was determined by the attornies that we had not followed the procedure according to law. We then submitted our formal request and their Planning Commission ruled that we were inconsistent. At this point Director Bonas read a memo from Controller Brammell advising that tax on the two reservoirs to be located in San Marcos (Santa Fe I1 and La Costa Hi) could run from $70-100,000 a year. Mr. Meadows advised that we have contacted LAFCO regarding annexation and have received a packet with procedure and I I I application forms. It is not complicated and will take about two months to complete an annexation once it is filed. The amount of compensation for the property has yet to be decided. The District has placed $175,000 (the amount offered by the District) in deposit. Director Kelly expressed concern over the need for the Santa Fe I1 reservoir and felt the District might better use the Squires I1 site which it already owns. He strongly emphasized his desire for another engineer's opinion as to the best location for a reservoir. Director Bonas said if it comes to a vote on overruling the San Marcos Planning Commission and on the resolution (No. 458) being recommended by Mr. Swirsky, her vote will be 'no.' After further discussion, Director Bonas made a motion that (1) the existing contracts between the District and its engineering consultants and legal counsel be terminated as soon as possible following January 1, 1985; (2) the District use the services of the law firm Jennings, Engstrand and Henrikson to review the contracts and recommend any special actions which may be needed in order to protect the rights of all parties involved; and (3) the General Manager be directed to recommend at the next Board meeting a procedure for accomplishing an orderly transition for acquiring new engineering and legal services, seconded by Director MacLeod. Chairman Almack recommended that this be referred to the Personnel Committee before taking this to a vote. Director Bonas refused to withdraw her motion and Director MacLeod asked for the motion. On the call for vote the motion carried with Directors Maerkle and Almack voting 'no,' I After further discussion a meeting of the Personnel Committee was called for 9 a.m., December 20, 1984. Chairman Almack asked Mr. Swirsky for his recommendation since there has been no Board action regarding the San Marcos ruling. Mr. Swirsky recommended adoption of Resolution No. 458 as recommended by Mr. Endeman. After further discussion regarding responsibility for Board actions leading up to the present conflict, Director Maerkle made a motion to adopt the resolution, entitled: "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT OVERRULING THE DECISION OF THE CITY OF SAN MARCOS PLANNING COMMISSION IN REFERENCE TO THE SANTA FE I1 RESERVOIR SITE," seconded by Director MacLeod, and adopted by the following vote: AYES : Directors: MacLeod, Kelly, Maerkle and Almack NOES : Directors: Bonas ABSENT : Directors: None I Awarding of Construction Engineer Kubota referred to Contract: Santa Fe I1 Reservoir his memorandum in the agenda packet along with a list of the five bidding contractors. He recommended that the contract be awarded to Weardco Construction for the sum of $2,387,000. Director MacLeod made the motion after receiving assurance from Mr. Swirsky that the property can be legally built on by the District, seconded by Director Maerkle and carried with Directors Bonas and Kelly voting 'no.' ~ Organizational Reports: San Diego County Water Authority: Director Maerkle advised that the next meeting will be held December 20, 1984. -2- December 19, 1984 Assoclation of iiEter Director BoEas reported on the Reclamation Agencies: meeting held on December 6 at the Olympic Resort. Joe Berry was elected president and Tony Larische secretary/treasurer. The next meeting will be here at the District on January 3, 1985. I Presidents and Managers Council The General Manager reported of Water Utilities: on this meeting. The attorney for Helix Water District gave an interesting presentation on sexual harassment. All districts are required to have a formal policy and Mr. Meadows said he will see that our district complies. Committee Reports: Headquarters Expansion: Director Maerkle presented several brochures on types of buildings available. He will .get with the Superintendent of Operations regarding a floor plan. The Chairman reappointed Director Kelly to assist Director Maerkle on this committee. California Special Districts Director Maerkle reported on Association Meeting: this meeting which he con- ducted. Mr. Meadows added that the program was on infrastructure financing. The speaker gave him a list of literature on the subject. I W.O.W! Presentations: Director Bonas reported on this program held on December 11, 1984, at the Carlsbad Cultural Art Center at 7 p.m. with 110 presentations given to participating students. The auditorium was packed and the program was even better than last year's. Director Almack gave the awards on art. and writing and Director Bonas introduced the various plays. A number of compliments have been received from those attending. Director Almack added that Rose Grimm is to be commended for an excellent job. General Manager: Operations and Maintenance: Mr. Meadows advised that the Water Authority shutdown went very well. Finance and Administration: Health Insurance No report. Controller's Report Mr. Brammell advised that the annual financial report is in the hands of the Treasurer being reviewed. It should be available to the full Board at the next meeting. Recess: President Almack called for a recess at 3:lO p.m. and the meeting reconvened at 3:35. District Engineer: I Capital Projects: Pipeline Relocation: Alleys Mr. Kubota distributed copies in Carlsbad Village Area of a sketch and recommended that the District proceed with the replacement of the 10" steel line with asbestos cement type prior to the completion of the new alleys being planned by the City. He recommended that the Board authorize staff to proceed with the necessary project reports with a budget of $40,000. After layout of the project he will come back on January 16 with a recommendation as to whether to use force account or go to bid. Funding will be by the City of Carlsbad. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. -3- December lY, 1984 Development Program: Approval of Plans and Documents: The District Engineer dis- Carlsbad Tract 84-14 -- Tamarack played a tract me? and ref- Point, Unit No. 2 erenced his memorzndums in the agenda packet'on Units 2 and 3 Approval of Plans and Documents: of this project. After his Carlsbad Tract 84-14 -- Tamarack review, recommendation and Point, Unit No. 3 discussion, Director Maerkle made a motion covering both projects for approval of engineering construction drawings, final tract maps, subdivision agreements, and authorization for all appropriate signatures, seconded by Director MacLeod and unanimously carried. Approval of Plans and Documents: Mr. Kubota displayed a tract Lot 94 -- Carlsbad Lake Community map, reviewed the proposed re- location of an existing line and recommended approval of engineering construction drawings, acceptance of all required easements, authorization for execution of quitclaim deeds for the original right-of-way and authorization of all necessary signatures. Director MacLeod made the motion, seconded by Director Bonas and unanimously carried. Mr. Kubota added that this project will be at the expense of the developer. I I Approval of Plans and Documents: The Engineer displayed a map City of Carlsbad -- Public and reviewed this proposed fa- Safety Center cility. Rick Engineering, the engineering consultant for this project, want to go to bid on December 31, 1984. He recommended Board approval of the engineering construction drawings for the public water system facilities, acceptance of all necessary grants of right-of-way, and authorization of all required signatures. Director Maerkle made the motion, seconded by Director Bonas and-unanimously carried. Request for Temporary Occupancy: Mr. Kubota recommended Board Carlsbad Tract 83-2--Sea Pines, approval for temporary occu- Unit No. 1 pancy of 23 units in this project. Director MacLeod made the motion, seconded by Director Bonas and unanimously carried. I Request for Temporary Occupancy: The District Engineer recom- Carlsbad Tract 74-4--Quail Ridge mended Board approval for tem- porary occupancy of lots 194 through 206 and lots '226 through 230 in this project. Director Bonas made the motion, seconded by Director Maerkle and unanimously carried. Request for Temporary Occupancy: Mr. Kubota distributed a tract Village J, Carlsbad Tract 82-16, map showing this last minute Pacific Scenes Project request (not on agenda) and recommended Board approval for temporary occupancy of the 10 uni.ts referred to. Director MacLeod made the motion, seconded by Director Maerkle and unanimously carried. Monthly Report of The District Engineer referred Development Activities: to this report in the agenda packet and reviewed the two projects briefly in response to Chairman Almack's inquiry. Legal Counsel: No report. Consent Calendar: Ratification of Checks Director Maerkle made a motion Ratification of Investments approving the consent calendar Purchase Orders items listed (copies in agenda -4- December 19, 1984 I packez:~, seconded by Cirector MzcLec2 and unanimously carried. Directors' Reports: None. Adjournment : This meeting was adjourned at 3:59 p.m. to the next regular meeting on January 2, 1985. Respectfully submitted, n d /'President, Board of Directors I I -5- December 19, 1984