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.
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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
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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.'
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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.
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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.
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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.
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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.
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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
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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
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-5- December 19, 1984