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HomeMy WebLinkAbout1985-01-02; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON JANUARY 2, 1985, 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, Interim Legal Counsel Wallace Peck and his assistant Greg Moser, District Engineer Kubota and Exec-ctive Secretary. Director-elect Haasl, Terry Rodgers, William JuSb, Ruth Honnold, Wilda Simpson and Harold Engelmann also attended. Approval of Minutes: Upon motion of Director Bonas, seconded by Director MacLeod and unanimously carried, the minutes of the special Board meeting of December 13 and the regular Board meeting of December 19 were approved as corrected. Organization21 Reports: San Diego County Water Authority: Director Maerkle reported on this meeting held December 20, 1984. The Pamo Dam and water policies were the main topics. There is nothing to report regarding the Colorado River water "deal" at the present time. The time limit has been extended so that required releases can be obtained. I Association of Water Director Bonas advised that Reclamation Agencies: the next meeting will be held here at the District tomorrow at 9 a.m. There will be no special speaker. President Joe Berry has planned a discussion of objectives and goals of AWRA. Water Agencies Association of The General Manager referred San Diego County: Quarterly to the notice of this quar- Meeting, January 17, 1985 terly meeting to be hosted by the San Diego County Water Authority. Reservations are required by January 10, so the secretary will be contacting everyone by phone, Travel arrangements can be made at the next Board meeting. I Committee Reports: Headquarters Expansion: Director Maerkle said nothing has been done since the last meeting due to the holidays. A meeting has been scheduled for Tuesday, January 8, at one of the Escondido contractors, to include Director Kelly and Director Maerkle. Personnel: Reorganization of Director Borias reported on the Engineering and Legal Services Committee meeting held at noon today. After distributing copies, she read the recommendation the Committee arrived at after lengthy discussion, as follows: "(1) That interim counsel and District manager meet with Messrs. Kubota and Swirsky to determine the status and inventory of pending work items and recommend to the Eoard which items should be retained and completed by them, and which should be transferred to the District; (21 The District manager recommend the procedure for selection of permanent legal counsel. President Almack added that Wallace Peck has been retained as interim counsel and he and his associate, Greg Moser, worked with the Committee to arrive at these reconnenc2ations. The goal is to make the transition in the most cost effective manner. Director Bonas then read a brief letter from Wallace Peck of Jennings, Engstrand & Henrikson, accepting the responsibility of providing interim legal services to the District until permanent legal counsel has been retained as approved on December 19, 1964. Director MacLeod made a motion approving use of Jenr,ir,gs, Engstranci and Henrikson for interim legal services, secorlded by Cirector Bcnas and unanivously carried. I Director Bonas referred to the General Manager's memorandum to the Board (see agenda packet) on the subject of Reorganization of Engineering and Legal Services, and asked Mr. Meadows about the "Discussion Points" on page 2. Mr. Meadows reviewed his intent in writing the memo t.o comply with the Board action at the last meeting. I He went on to say that we don't want to affect the work of the District by arbitrarily stopping something that's in progress. In order to accomplish an orderly transition and avoid disruption of services we will need to inventory those items in progress as well as the day-to-day activities, so as to provide for an orderly reorganization. The Board's consensus after further discussion on finding a permanent replacement for legal counsel was that the General Manager solicit a number of proposals from which the Board can make a selection. Director MacLeod then made a motion approving the recommendation of Personnel Committee (as read by Director Bonas above) and place it in the hands of the new interim legal advisor, the General Manager and a Committee of the Board, seconded by Director Bonas and unanimously carried. Upon Mr. Meadows' inquiry as to which Committee this should be, and after a brief discussion, Director Kelly made a motion, seconded by Director MacLeod and unanimously carried, that the Personnel Committee continue with this activity. I Reception/Holiday Party: Mr. Meadows advised that this January 14, 1985 combination event, to be held at the Olympic Resort Hotel, has been planned as a reception to honor Director MacLeod for his seventeen years service to the District, to welcome Director elect Susan Haasl and a belated holiday party for District' employees. The issue before the Board involves any District sponsorship and payment of any related costs. District employees and some of its vendors have volunteered some funds. Discussion followed as to costs of previous holiday parties held by the District. Director Bonas made a motion approving the planned event with District contribution not to exceed $350 and limiting vendor contributions to a maximum of $50 each, seconded 'by Director Kelly and carried with Director MacLeod abstaining. General Manager: Operations and Maintenance: The General Manager referred to the written report from the Operations Superintendent. Discussion followed on the elimination of chloramines by Metropolitan Water District due to problems with filters on kidney dialysis machines. Finance and Administration: Certificate of Participation Disbursement Procedures: I La Costa Hi Reservoir: General Manager Meadows asked for Board approval of construction progress payment No. 4 to Thibodo Construction Company in the sum of $21,819.15; progress payment No. 8 to Weardco Construction Corp. in the sum of $119,108.16; and for the Tri-Agency Pipeline Reservoir: Progress payment No. 1 to Charles F. Heick Contractors, Inc. in the sum of $54,000.00. Director Bonas made the motion, seconded by Director MacLeod and unanimously carried. - - .- L Jnnt:c?rv 2, 1 985 Board approval of Disbursement Certificate No. 5 in the total sum of $253,334.35 was then requested. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. Annual Financial Report: The General Manager asked Mr. Brammell to give an overview of the financial report at this meeting. After the Board has had an opportunityto study the report an indepth report can be given by our Controller at the next Board meeting. After giving a brief report Mr. Brammell said he would be available to answer any of the Directors’ questions between now and the next meeting. Recess: President Almack called for a recess at 2:50 p.m. and the meeting reconvened at 3:05. I District Engineer: Capital Projects: Progress Pyment: Water Main The District Engineer referred Replacement, Pi0 Pic0 Drive to his report in the agenda and Highland Drive packet and recommended Board approval of progress payment No. 4 to Bob Baker Construction Co. in the sum of $6,300.0.0. Director MacLeod made the motion, seconded by Director Maerkle and unanimously carried. Development Program: 1 Approval of Plans and Documents: Mr. Kubota referred to this Carlsbad Tract83-29/PUD 61 -- developer’s request and rec- Warmington Homes ommended Board approval of the engineering construction draw- ings, approval of the final tract map, approval of the subdivision agreement, acceptance of all required easements and authorization of all required signatures. Director Kelly made the motion, seconded by Director Maerkle and unanimously carried. (See memorandum in agenda packet.) . Request for Temporary Occupancy: The Engineer referred to his Carlsbad Tract 82-16 -- Village memorandum with sketch in the J, Lake Calavera Hills ’ agenda packet and recommended Board approval of temporary occupancy. Director MacLeod made the motion, seconded by Director Maerkle and unanimously carried. I Legal Counsel: Mr. Wallace Peck, our interim legal counsel, introduced Mr. Greg Moser who will be assisting him from time to time. He then spoke briefly on new legislation that became effective January 1, 1985. One is an amendment to the Ralph M. Brown Act. The main change is in the rules governing closed session with your attorney, going into closed session to negotiate on purchase of property, and closed session for personn’el negotiations. Another change is that each District is now required to have an adopted investment policy regarding surplus funds. This has to be adopted yearly. Monthly there must be a report to the Board showing investments. Another new bill eliminates from the operation of CEQA the construction of any pipeline less than a mile in length. Mr. Peck advised that there is now a Local Agency Enforcement Division in the Fair Political Practices Commission. An appropriation of $657,000 has been made to that division for the purpose of investigating local government officials. He recommended using care in completing the conflict of interest statements. <- <’ ;r’~.!ary 2, 1985 Consent Calendar: Ratification of Checks: Director Maerkle made a motion approving the consent calendar items listed (copies in agenda packet), seconded by Director Kelly and unanimously carried. Directors' Reports: Director Maerkle asked Mr. Peck when he first received information or had conversation with the Manager or any of the Directors concerning the personnel situation at the District. Mr. Peck said that the first contact he had was December 20, 1984, the day after the Board meeting of the 19th. He had a phone conversation with Mr. Meadows on that day and met with Mr. Meadows on December 21. He had another meeting on December 31 with Mr. Meadows and Mr. Kubota, but has had no conversations with any Board members until today. Director Maerkle then read a statement as follows, "I, Fred W. Maerkle, a Director at Costa Real Municipal Water District, do hereby request that William Meadows, General Manager, and Thomas Brammell, Controller, resign as of this date. This is for the welfare of Costa Real Municipal Water District." After a brief discussion among the Board members the matter was dropped. Cirector MacLeod said this is his last meeting and he is leaving with mixed emotions. He is happy to know that he had some part in the agreement Kith the City. He is sorry to be leaving. Chairman Almack saidthe Board will miss him. Hethankedhimfor his contributions and wished him good luck and good health. Election of Officers: After consultation with Legal Counsel it was decided to have the election at the next regular Board meeting. I I Adjournment: This meeting was adjourned at 3:37 p.m. to the next regular meeting on January 16, 1985. Respectfully submitted, /m&ww! ..President, Board of Directcrs I -4- 2b.r.:ar-y 2, 1985