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HomeMy WebLinkAbout1985-02-20; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON FEBRUARY 20, 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 Bonas with Directors Almack, Haasl, Kelly, Maerkle and Bonas answering roll call. Also present were General Manager Meadows, Controller Brammell, Superintendent Musser, District Engineer Burzell, Legal Counsel Moser and Executive Secretary. Jack Kubota, Jim Okazaki, Don Hickethier, Terry Rodgers, Marty Wisckol, Wilda Simpson, Monsignor Briody and Clarence Schlehuber also attended. I Approval of Minutes: Upon motion of Director Maerkle, seconded by Director Haasl and unanimously carried, the minutes of the regular Board meeting of February 6, 1985, were approved as mailed. Oral Communications ' from the Audience: Mr. Schlehuber, representing Monsignor Briody, pastor of St. Patrick's Church in Carlsbad, appealed the assessment of the Major Facilities charge for the new church on the basis that therewasno increase inthewater usage overthat ofthe convent that was originally there. The only change is in the required fire sprinkler system which could cause a potential increase in water usage. The fee was paid under protest so that the water could be turned on. President Bonas recommended referring this matter to Staff. General Manager Meadows added this would give our new legal counsel an opportunity to review the situation. A recommendation can then be made to the Board at the next meeting on March 6, 1985. This was agreeable with Mr. Schlehuber and I after verifying the time of the next meeting, he and Monsignor Briody left. Old Business: I Reorganization of Mr. Meadows referred to the Engineering Services: last Board meeting at which the Board adopted Resolution No. 459 and directed the Staff to accomplish a transition of the engi,neering services from a consultant basis to an in-house staffing basis. Meetings have been held with Mr. Kubota and his attorney, with interim district engineer and legal counsel in attendance, for the purpose of identifying more specifically the types of engineering work that are underway and trying to make some staff decisions as to what would be the most cost effective way to have a transition. That is, what should be completed by Woodside/Kubota & Associates and which items can be transferred to the District in accordance with the resolution. (See correspondence with attachments in agenda packet.) At the first of these meetings, attended by Mr. Meadows and Mr. Kubota as well as Mr. Peck, District legal counsel, and Mr. Okasaki, legal counsel for Woodside/Kubota, it was agreed that the action taken at the last Board meeting was a partial type of action that needs to be put in a better legal framework. What we need is a new contract with Woodside/Kubota & Associates. That would be the legal mechanism of identifying the specific types of things that are contained in Mr. Meadows' report in the agenda packet . Mr. Moser said that now that a list has been made of the kinds of activities that would be ongoing and would be assumed by the new engineer, a new contract should be drafted that will identify the projects that are being retained by Woodside/Kubota, identify .3 those things that Woodside/Kubota has completed but not collected for,have sometime frames forcompletionofthethingswhichare ongoing with Woodside/Kubota and which will be retained by them, finalize the termination of the partially terminated contract and get mutual releases so there are no more questions about that contract, and start off on a new basis. Director Haasl made a motion authorizing preparation of a new contract, seconded by Director Maerkle and unanimously carried after brief discussion. Discussion then followed regarding Exhibit A of the Manager's report referred to above, with Mr. Burzell responding to concerns expressed by the Directors and stating his concurrence with the recommendations of the Genera.1 Manager. Director Haasl made a motion authorizing the recommendation of the General Manager to establish the two positions, Assistant Civil Engineer and Engineering Assistant, commence advertising immediately for these positions, and use part time clerical and engineering.assistance as described in the Manager's memorandum, seconded by Director Kelly. The motion carried with Director Maerkle voting 'no.' Mr. Burzell assured the Board members that he will be available as long as his services are needed. I ', Reorganization of Director Maerkle felt this Legal Services: should be held over until the the next Board meeting. After discussion as to ways to tally the choices of each of the Directors, it was decided that Staff would mail forms to be completed by the Directors and returned in enclosed stamped envelopes to the General Manager. Consent Calendar: Director Maerkle had reser- vations about declaring our Ratification of Checks; NCR computer equipment surplus Investments; and asked for discussion. Mr. Purchase Orders; Brammell reviewed his exten- Development Program; sive efforts to locate a buyer Lot 28, Carlsbad Research balance due higher than any Center #2 offer received. After dis- Lot 6, Sea Pines motion, seconded by Director 3. CRMWD 85-516, Rancho Cerro Haasl, to accept the offer of (Formerly Honeyberry $1500 . After further dis- Springs) cussion'the consensus was to 4. CRMWD 85-501, CT 85-2, try to get more. It was de- North County Plaza cided to put it back on the Declaration of NCR Surplus; consent calendar, declare it surplus and accept the highest offer. Director Haasl made a motion approving the consent calendar, seconded by Director Kelly and unanimously carried. I 1. CRMWD 85-201, CT 81-10, for this equipment which has a 2. CRMWD 85-301, CT 83-2, cussion Director Kelly made a Committee Reports: Headquarters Expansion: Director Maerkle said that Mr. Burzell hasn't had the time to meet with this committee, as recommended at the last Board meeting. When his time becomes available they will have a meeting and report back to the Board. I Recess : President Bonas called for a recess at 2:53 p.m. The meeting reconvened at 3:09. Finarice and Administration: Local Agencies Investment Fund Controller Brammell advised that this is another vehicle for the District to use for the investment of idle funds. He -2- I February 20, 1985 I I I reviewed the manner in which this fund operates. A poll he took has assuredhimthatmost other agencies do use LAIF and he feels that it is relatively safe. Discussion followed. Staff and the Finance and Administration Committee recommend taking advantage of this option. It has also been reviewed by Jennings, Engstrand and Henrikson, our present legal counsel. An explanatory brochure and a copy of the required resolution are attached to the Manager's memorandum in the agenda packet. Attorney Moser said the one distinction is that LAIF investments are not always secured in the same way as certificates of deposit. There is different collateral and on occasion might be some added risk. Mr. Brammell referred to the next item on the agenda, "adoption of investment policy," which refers to the utilization of LAIF, and suggested that if the Board has some concerns they might want to amend the amount available to 10% rather than 70%. The Board concurred. Mr. Moser suggested a clarification in the la'st paragraph of the resolution to insert the words "each of." Resolution No. 460 - Author- Director Kelly made a motion izing Investment of District to adopt Resolution No. 460 Monies in Local Agency entitled: "RESOLUTION OF THE Investment Fund BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT AUTHORIZING INVESTMENT OF COSTA REAL MUNICIPAL WATER DISTRICT MONIES IN LOCAL AGENCY INVESTMENT FUND," as amended, seconded by Director Almack. The resolution was adopted by the following vote : AYES : Directors: Almack, Haasl , Kelly, Maerkle and Bonas NOES : Directors: None ABSENT: Directors: None Investment Policy Manager Meadows advised of a recently enacted State law re- quiring formal adoption of a statement of Investment Policy by local agencies. , Staff has prepared this as an addition to our Administrative Code. It has been reviewed and appr,o'ved by legal counsel. Staff and the Committee recommend its adoption with the change from 70% to 10% as recommended above. Discussion followed as to whether this reduction could be a disadvantage at some future time. Legal Counsel suggested adding the phrase, "unless otherwise specifically authorized by the Board." Director Kelly made a motion to adopt the recommendation which is the addition of the Statement of Investment Policy, as amended, to the Administrative Code, seconded by Director Almack and unanimously carried. (Memorandum and policy in agenda packet.) Directors' Compensation Manager Meadows referred to his memorandum in the agenda packet, reviewing the current District policy and explaining the basis for the Finance and Administration Committee's recommendation for Board approval and adoption of attached Exhibit A, to become Section 2.3 of the District's Administrative Code. Discussion followed and Legal Counsel Moser advised that the legal monthly maximum of $600 can now be increased by 5% a year. This will not affect our Board's compensation since they have limited their monthly maximum to $450. Director Maerkle made a motion to adopt Exhibit A and rescind prior Board policy on reimbursement of expenses, seconded by Director Kelly and unanimously carried. -3- February 20, 1985 Engineering and Operations: Water Main Replacement - Alley Engineer Burz.el1 advised that Section Between Roosevelt St. and the City doesn't want to add , State St./Elm Ave. and Oak Ave, our work to their contract, It is recommended that we seek three proposals for that work, to be done before the City's paving contractor gets on the job, and authorize the General Manager to accept the best proposal for the District. We will try to find a contractor who can keep the existing meters in service while the work is being done. If this is a problem for them we will have that part taken care of by force account. He recommended that the General Manager's recommendation (see agenda packet) be followed with this change. Mr. Kubota has been asked to prepare a short document that will have all of the contractors bidding.on the same work. Time constraints require this alternate solution. Director Maerkle made the motion as recommended, seconded by Director Haasl and unanimously carried. Santa Fe I1 Reservoir - Engineer Burzell advised that Altitude Control Valve both Staff and Committee rec- ommend Board approval of a change order removing this control valve from the Santa Fe I1 contract with Weardco Construction. (See Manager's memorandum in agenda packet.) This will be a negotiated reduction as it is not a line item with an established cost. He will be working with Mr. Kubota and the contractor on this. Director Maerkle made the motion as recommended, seconded by Director Haasl and unanimously carried. I Water Main Extension Engineer Burzell advised that in Elm Avenue this paving project has been delayed so that our crews can begin today, if approved by the Board, to get this line installed and backfilled. See memorandum with Staff and Committee recommendation in the agenda packet. Director Maerkle made the motion authorizing Woodside/Kubota to prepare the necessary construction drawing, supervise field design, ' complete as-built drawings, and authorize District construction crews to install the main, seconded by Director Almack. In response to an inquiry from President Bonas, Mr. Burzell advised that the District will be reimbursed by the developer at a later date. The motion unanimously carried. I District Intertie President Bonas, Chairman of With San Dieguito of the Engineering and Oper- ations Committee, advised that it is the recommendation of the committee and staff that the Board approve the draft of the Agreement between Costa Real Municipal Water District and San Dieguito Water District (see agenda packet) for the Emergency Exchange of Water. Engineer Burzell added that the District will finance its portion of the project with reimbursement to come from the developer at a later date, Director Maerkle made the recommended motion, seconded by Director Almack and unanimously carried. General Manager: Operations and Maintenance: Manager Meadows reported that things have been running smoothly. I Finance and Administration: Nothing to be added to items under Committee reports above. District Engineer: No report . Legal Counsel: Mr. Moser advised of a Supreme Court decision that affects the District. The case is Garcia vs. the City of San Antonio, -4- February 20, 1985 The decision says that Federal labor standards will now apply to local government.. Employment practices will have to be looked at to make sure they comply with Federal standards. May require some adjustments. We will probably be hearing more about it. New Business: LAFCO - Meeting of the Indepen- Manager Meadows advised that dent District Selection Committee this meeting, to be held on March 27, 1985, is to select a special district representative to the Local Agency Formation Commission. This seat is currently held by Mr. Stan Mahr of San Marcos County Water District. In addition there are various terms expiring on the Advisory Committee. The procedures that LAFCO has established for electing its representatives are enclosed in the agenda packet. These provide that the presiding officer of each independent special district of the County is the representative entitled to vote. The recommendation therefore is that President Bonas be authorized to attend and to vote on behalf of the District. Director Maerkle made the motion, seconded by Director Almack and unanimously carried. President Bonas appointed Director Almack her alternate should she not be able to attend. .. I Organizational Reports: San Diego County Water Authority: Director Maerkle reported on their meeting of February 14, giving water flow statistics and water usage. A report he received evaluating banking firms will be given to our Controller. He said that Metropolitan will probably be increasing the water rates. Association of Water Director Haasl reported on Reclamation Agencies: this meeting held here at the District on February 7, 1985. Several new members have joined the group. Larry Michaels, General Manager of the San Diego County Water Authority, spoke on ground water basins in North County. Director Haasl will be taking over a subcommittee position originally held by President Bonas when she represented the District at this meeting. The subcommittee provides future programs for the meetings. She added that the speaker for May 2 will be the Lieutenant Governor of ,California. I California Special District General Manager Meadows re- Association - San Diego Chapter ported on this .meeting held last week. Director Maerkle turned over the presidency to Lois Humphreys of Leucadia County Water District. The First Vice President is Dale Mason, San Marcos County Water District; Second Vice President, John Sasso, Borrego Water District; Third Vice President, Bill Cornelius of Rincon Municipal Water District; Secretary-Treasurer, Matt Riley of the Encinitas Fire Protection District. President Bonas is a member of the Legislative Committee. Presidents and Managers President Bonas reported on this meeting of February 19. The new president is Jim Tolley. The guest speaker was Wallace Peck who reported on the bills approved in the California Legislature. ., I I Other President Bonas referred to a letter received from Mrs. William Buerger in Encinitas. Manager Meadows advised that Mr. Burzell has drafted a response advising Mrs. Buerger that the District is aware of her concerns and that a public hearing will be held before any action is taken. -5- February 20, 1985 Xeriscape Conference President Bonas recommended that Director Haasl and Mrs. Rose Grimm, our Water Conservation Coordinator, be authorized to attend this conference. , Director Maerkle's attendance was authorized at the last Board meeting. It is felt that this conference might provide material for a new WOW! project. Director Kelly made the motion, seconded by Director Haasl and unanimously carried. I. Adjournment: J This meeting was adjourned at 4:35 p.m. to the next regular meeting on March 6, 1985. Respectfully submitted, I I -6- February 20, 1985