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HomeMy WebLinkAbout1985-03-06; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA P.M., AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008. REAL MUNICIPAL WATER DISTRICTf HELD ON MARCH 6, 1985, AT 2:OO I 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, Larry Willey, Terry Rodgers, Monsignor Briody, Clarence Schlehuber, Lola Sherman, Bill Jubb and Harold Engelmann also attended. Approval of Minutes: Upon motion of Director Maerkle, seconded by Director Almack and unanimously carried, the minutes of the regular Board meeting of February 20, 1985, were approved as mailed. Oral Communications from the Audience: 1 After Mr. Schlehuber repeated his appeal to the Board for a waiver of the Major Facilities Charge levied against St. Patrick's Church (see-Staff recommendation in agenda -packet). Director Maerkle felt that no decision should be made at this time since there are a number of outstanding fees yet to be collected. Upon his question to the General Manager, Mr. Meadows responded that our former legal counsel had been instructed by the Board several months ago to handle this but it had not been completed when his contract was terminated. Interim legal counsel felt that it would be financially more practical for this matter to be delayed until permanent legal counsel is appointed. If the Board wishes, our interim legal counsel can be instructed to work on this. Discussion followed. Mr. Burzell said that from an engineering standpoint the church's needs have changed in that it now has an increased potential demand for fire flow. Mr. Moser said that it is this potential demand that determines the charge levied against the church and is why Staff feels that a waiver is not justified. He concurred with Staff's recommendation. Director Maerkle made a motion to table this matter until permanent legal counsel is appointed, seconded by Director Haasl and unanimously carried. I Consent Calendar: 'c Ratification of Checks; Purchase Orders; Final Payment: Water Main Replacement; Pi0 Pic0 Dr., Easement, and Highland Dr.; Baker Construction Co. Temporary Occupancy: Carlsbad Tract 74-4; Quail Ridge, Lots 91 thru 109 and 135 thru 143 Cents Per Mile Changing Mileage Rate to 20.5 Old Business: After discussion on the word- ing of Section 5.17 of the Ad- ministrative Code regarding mileage reimbursement, Di- rector Maerkle made a motion approving the consent calendar with the understanding that the wording would be clarified seconded by Director Almack and unanimously carried. (The change was made and approved before the meeting adjourned.) Appeal of Major Facilities (covered under Oral Communi- Charge: Saint Patrick's Church cations above) Reorganization of Engineering A draft agreement, prepared by Services Legal Counsel, has been dis- tributed to the Personnel Committee and to Mr. Kubota. Mr. Moser advised that it is still a preliminary draft and we are waiting for possible comments from Mr. Kubota or his attorney. This matter was deferred to a later Board meeting. Reorganization of An assessment of the lists Legal Services turned in by the Directors in- dicated the two firms of Peltzer & Smith and Jennings, Engstrand & Henrikson were mentioned most frequently. After discussion, Director Maerkle made a motion that representatives of the two firms be invited to the next Board meeting to be interviewed in closed session with Board action to be made in public session, seconded by Director Almack and unanimously carried. Committee Reports: Finance and Administration Mr. Meadows reported on this meeting held March 4, at which the Committee discussed material for the next District newsletter, District liability insurance, committee goals and responsibilities, Improvement District fund balances and Major Facilities fees. Another Committee meeting has been scheduled before the next Boardmeeting sothat the Committee can arrive at recommendations to present to the Board. General Manager: I Operations and Maintenance See Operations Superin- tendent's report in agenda packet. Finance and Administration Certificate of Participation Disbursement Procedures I 1. Approval of Construction The Manager asked for Board Progress Payments approval of the following con- struction progress payments: No. 5 to Thibodo Construction Co. in the sum of $7,580.02 for work on the La Costa Hi Reservoir; No. 10 to Weardco Construction Corp. in the amount of $108,999.18 for work on the La Costa Hi Reservoir; No. 3 to Charles F. Heick Contractors, Inc. in the sum of $198,247.59 for work on the Tri-Agency Pipeline Reservoir; and No. 1 to Weardco Construction Corp. in the amount of $74,709.00 forworkonthe SantaFe I1 Reservoir. Director Maerklemadethe motion of approval, seconded by Director Kelly and unanimously carried . 2. Approval of Requisition Mr. Meadows requested Board for Disbursement of approval of Certificate No. 7 Project Costs in the sum of $418,832.06. Director Maerkle made the motion, seconded by Director Haasl and unanimously carried. . Recess: President Bonas called for a recess at 2:50 p.m. The meeting resumed at 3:06 p.m. District Engineer: Development Projects Approval of Grading on District District Engineer Burzell re- Easement: Minor Subdivision viewed this matter (see memo- 661; Lincoln Seascape randum and proposed draft agreement in agenda packet) and recommended Board approval. After discussion and upon recommendation of Legal Counsel, Director Maerkle made a motion approving the concept of the agreement with minor changes by Counsel, and authorizing the General Manager to sign, seconded by Director Almack and unanimously carried. Batiquitos Pointe and Mr. Burzell reviewed this pro- Districts' Intertie posal (see sketch in agenda packet) and recommended that Board give conditional approval, (pending receipt of cash deposit -2- March 6, 1985 and bonds), of engineering construction drawings and authorization for the President and District Engineer to sign, approval of the final tract map and authorization of the President and Secretary to sign, approval of subdivision agreement for onsite facilities and authorization of President to sign all the documents, approval of subdivision agreement for offsite facilities and authorization of President to sign all the documents and authorization for acceptance of all required easements and for the Secretary to sign the necessary acceptance certificates, The developer is putting up $4500 cash for the inspection and part of the engineering, and a bond for $136,000 to guarantee completion of the lines on the sketch shown in green. The second subdivision agreement will provide for $9000 for engineering inspection and $352,000 in bond to guarantee completion of the line shown in red, These facilities will allow the intertie with San Dieguito at no cost to the District. After discussion and upon the agreement of Legal Counsel that the above be covered in one motion, Director Maerkle made a motion authorizing conditional approval as outlined above, seconded by Director Almack and unanimously carried. Master Plan District Engineer Burzell said that ten draft copies of the master plan have been provided by Mr. Kubota. It has not yet been reviewed by Staff but copies are being provided to the Board members and several copies to the City for review, possible corrections or changes. He asked that the copies be returned within a week or so, so that Staff can review any changes before returning them to Mr. Kubota for completion of the final document. Legal Counsel No report, New Business Director Almack asked that the representatives of the selected legal firms be determined. Mr. Moser said that both he and Mr. Peck will probably attend the next Board meeting, Mr. Endeman might also be in attendance. As for the firm of Smith & Peltzer, Mr. Meadows said that their letter indicated that the responsible counsel will be Mr. Vernon Peltzer, but the attorney attending our Board meetings will be either Thomas Smith I11 or Wesley Peltzer. He will have to find out who will represent them at the interview, Organizational Reports I San Diego County Water Authority Director Maerkle advised that the next meeting is March 14. Association of Water Reclamation Agencies Director Haasl said that this group's next meeting is here at the District tomorrow at 9:00 a.m. Presidents and Managers President Bonas advised that the next meeting will be on March 19. The speaker will be Wayne Adams on solar thermal plants. Water Resources Meeting President Bonas reported on this meeting sponsored by the San Diego County Water Authority and SANDAG and held last Friday. A copy of Mr. Burzell's summary of the meeting is in the agenda packet. Special Districts Board Director Haasl reported on Management Seminar this meeting which she found very helpful. A binder of the topics covered, including updates on the Brown Act, has been given to the Manager, I -3- March 6, 1985 ACWA Conference, May 7-9 President Bonas asked that any Disneyland Directors interested in at- tending this conference, notify the Manager's office as soon as possible. Adjournment Upon motion of Director . Maerkle, seconded by Director Haasl and unanimously carried, the meeting adjourned at 3:58 p.m. to the next regular meeting on March 20, 1985, I Respectfully submitted, I, 4g;pd v Secretary, Boa of Directors I I -4- March 6, 1985