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HomeMy WebLinkAbout1985-04-03; Municipal Water District; MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER.DISTRICT, HELD ON APRIL 3, 1985, AT 2:OO P.M., AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA 92008. The me'eting 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, James Okazaki, Terry Rodgers, Lola Sherman and Roger Greer also attended . I Approval of Minutes Upon motion of Director Maerkle, seconded by Director Almack and unanimously carried, the minutes of the regular Board meeting of March 20, 1985, were approved as corrected. Oral Communications from the Audience Grant of Right-of-way ' District Engineer Burzell John D. Lusk & Son to advised that our Special En- the District gineer has requested Board ap- proval of a grant of right-of- way of approximately 2200 feet so it can go to the recorder. Mr. Burzell recommended Board approval. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. Consent Calendar I Ratification of Checks; Emergency exchange agreement with San Dieguito Water District; Offer and acceptance of water system facilities: Carlsbad Tract 81-5; NW corner of In- terstate 5 and Poinsettia Lane; Agencies Pipeline extension as part of Carlsbad Tract 82-14; offsite improvements; Branch pipeline relocation as part of Carlsbad Tract 82-14; offsite improvements Offer and acceptance of Tri- Of fer and acceptance of "B" Old Business Director Maerkle . made the motion approving these listed consent calendar items (see agenda packet also), seconded by Director Almack and unani- mously carried. Revised Agreement with Woodside/ Director Haasl made a motion Kubota & Associates, Inc. - to accept the agreement as Termination of 1979 Contract; presented today. President Redefinition of Consulting Bonas asked first for comments Services from District Staff and Legal Counsel before completing the motion. Mr. Meadows said that this revised agreement (draft copy in agenda packet) is the result of numerous meetings between District Staff, including Engineer and Legal Counsel, and Mr. Kubota and Mr. Okazaki, legal counsel for Woodside/Kubota. The Personnel Committee has also provided input and approval of this latest draft agreement with the exception of -the exhibits that indicate the various sums due and payable to Woodside/Kubota & Associates for work performed. Mr. Moser added that, per the Board's direction, this agreement is intended to terminate the old relationship and to start a new relationship between the District and Woodside/Kubota. He said that Mr. Burzell ha5 reviewed the exhibits with Mr. Kubota. Both Legal Counse'l and District Engineer are recommending -approval of the contract with the exhibits. Mr. Burzell said he felt the list of projects accurately represents all of the outstanding work and added his personal recommendation for Board approval. I Mr. Okazaki, attorney for Woodside/Kubota & Associates, said both sides have worked together in trying to effect a reasonable solution while protecting their respective clients. Two items in question are causing some concern for his client. One i.s the termination clause; their request is to replace the phrase "with or without cause," with the phrase, "with reasonable cause." The other point comes from Mr. Kubota's personal objection to being included as a party to the agreement as an individual. Mr. Kubota added that he has not had a personal agreement with the District since th.e incorporation of Woodside/Kubota and Associates in 1971. Mr. Moser, District legal counsel, responded to the two objections. The language in the termination clause ("with or without cause") is that typically used in a professionql services context where if either side loses confidence in the work or intention of the other the agreement can be terminated. The inclusion of Mr. Kubota in this agreement as an individual is to preclude his suing the District either personally or jointly on the way this contract has been terminated. He has no other obligations under the terms of this *agreement. After further discussion, Director Haasl repeated her motion to accept the agreement as recommended by our Legal Counsel, seconded by Director Kelly. The motion carried with Director Maerkle voting no and Director Almack abstaining. Memorandum from General Manager Director Maerkle said he feels re Employment of Engineering that this action by the Gen- Assistant (F. Jerry Whitley) era1 Manager is illegal since this position is not in the budget. After discussion, District Engineer Burzell said'he will work up a budget for the next Board meeting and include an amendment to the 1984-85 budget. It will then be included in the new budget for next year. Mr. Brammell added, by way of explanation, that the District operates as an enterprise fund. The budget it adopts is not a regulatory tool but a guidance tool, Mr. Moser said that, technically the District is not required by State law to adopt a budget. As a policy matt.er it is best to follow the budget. If it becomes necessarytodeviate from the budget the Board should specifically authorize that. Mr. Meadows added that the Board specifically authorized the position and the salary, and that the Personnel Committee concurred with his filling the position. No action was taken. Committee Reports Engineering & Operations Committee Proposal for installation of Mr. Meadows had expected tc hydroelectric power generator receive extra copies of the at Squires Dam proposal from ENKAR, the firn that made the presentation tc this Committee, for distribution to the Board today, Arrangements have been made for the presentation to be made tc the' full Board at the Board meeting on April 17. Cost to the District (approximately $26,000), free maintenance by ENKAR for two years, and energy sufficient to maintain the SquireE residence, the chlorine station and KKOS transmitter were discussed. Staff is not prepared to make a recommendation at this time. Recommendations re: draft engi- Mr. Burzell said that Mr. neering master plan Kubota has agreed to revise some of the language and adc some tables that would make the master plan more useful to the average reader. Mr. Greer didn't feel there would be an] technical input from the City. Mr. Meadows said this was discussed in Committee and the agreement was that he (Mr, Meadows) will prepare for the next Board meeting a suggestec schedule showing various things that have to occur. This was discussed later with the Mayor, City Manager and Mr. Greer as tc presenting the information to the City. Mr. Meadows feels that I I I -2- April 3, 1985 we do need to get the City's input as spelled out in the Water Service Agreement. It is his hope that this will lead up to a point where we can adopt the master plan. No action required at this time. Finance & Administration Committee Status report on membership in Mr. Meadows reviewed the pro- Association of California Water ' cedure followed since staff Agencies' Joint Powers Insurance was instructed (approximately Authority one year ago) to investigate the ACWA JPIA program (a self- insurance arrangement formed by many districts.) The insurance is tailor-made for, water agencies. The District has been formally approved by the JPIA for membership. Related to this is the possibility of including in our policy the water facilities owned by the City of Carlsbad and operated and maintained by the District. Combining the facilities under one policy would not only save money but take care of any potential legal problem. The solution would be that we provide the primary insurance for the Lake Calavera property and the three reservoirs that we are operating that are owned by the City. The cost of the insurance would be shared. This was discussed with the City Manager and the Mayor and they are very interested in pursuing this. I We are now waiting for a revised quotation from ACWA. At that time we will be in a position to evaluate the program. Mr. Meadows hopes to get dam failure insurance of $20M. He will try to present the full package at the next Board meeting, pending receipt of premium quotations. Mr. Burzell added that with membership the District will have representation on the Board. He recommended that our Board President sit in for a few minutes at the ACWA JPIA meeting during the ACWA Spring Conference to see how they conduct business . Recommendation to retain After brief discussion, Di- Coopers & Lybrand as rector Maerkle made a motion auditor for FY 1984-85 approving retention of Coopers & Lybrand to perform the annual audit for fiscal year 1984-85, seconded by Director Kelly and unanimously carried. I .. Recess: President Bonas called for a recess at 3:03 p.m. The meeting resumed at 3:20 p.m. Discussion re: changing No alternate day was selected. regular board meeting days It was decided to stay with to Thursdays Wednesdays until something can be worked out. Discussion and recommendation Controller Brammell distri- re: goals and responsibilities buted drafts he has prepared of all committees for each committee to con- sider, revise, make deletions, etc. No action required now. I Joint Committee (CRMWD/City Water Service Agreement) Report and recommendations re: General Manager Meadows re- meeting of March 26, 1985 ported on this meeting held on March 26. The City represen- tatives, aware of our work on a master plan and having concerns about approving growth without knowing about our water supply, have asked for a formal presentation. The culmination of further discussion was that a tour for a group of City representatives, conducted by District staff, be planned for Saturday, April 20. It would begin here at the District offices with a general -3- April 3, 1985 presentation of the District, go to the Skinner Reservoir and Filtration Plant, then follow the water back into the County, stop in Escondido at the SDCWA control center, visit the Pam0 Reservoir site, then go to two or more of our own facilities. It is felt that actually seeing the water source and facilities involved will make the formal presentation of our master plan at a later date more comprehensive. Thirty-five City representatives have indicated an interest in going. Any of our Board members interested are also welcome. After discussion the Board agreed that Staff should work with City Staff to make the necessary arrangements for the tour. The news media (Ms. Sherman and Mr. Rodgers) were also invited. The City has offered to supply the charter bus. Mr. Meadows thought the District could furnish lunch. Legal & Legislative Committee I, Status report on Senate Bill 517 Director Maerkle advised that re: increasing the number of this bill was killed; too much members on the San Diego County opposition. Local Agency Formation Commission LAFCO Special Districts' President Bonas reported on Selection Committee her attendance at this meeting at which Stan Mahr was reelected, She then read the list of members of the Advisory Committee. Staff Reports General Manager Operations and maintenance ' See report in agenda packet. I Finance and administration No further report. Escrow agreements for deposit Mr. Meadows advised that in and release of funds for re- our agreements with the con- tention re: La Costa Hi Res- tractors of these two projects ervoir and Santa Fe I1 Reservoir . (approved last year) there is an option for the contractor ' to substitute the deposit of securities instead of the District retaining cash from him. The original documents have been given to Legal Counsel for review. The two agreements are for Thibodo Construction Company, pipeline contractor for the La Costa Hi Reservoir, and Weardco Construction Corporation, which is building the Santa Fe I1 Reservoir. Legal Counsel said that this option to replace funds with securities is required by the government code. The benefit is to the contractor who can then earn interest on his money. The documents (copies) were passed to the Board members for their review. Upon Mr. Meadows recommendation for approval of the two documents, Director Kelly made the motion, seconded by Director Maerkle and unanimously carried. Certificate of participation disbursement procedures: a. Reservoir construction The Manager asked for Board progress payment approval of the following: Retention release to Thibodc in the sum of $31,080.25 for work on the La Costa Hi Reservoir; Progress payment No. 11 to Weardco Construction in the amount of $108,00.0.00 for work on the La Costa Hi Reservoir; Progress payment No. 4 in the sum of $127,420.84 to Charles F. Heick Contractors, Inc. for work on the Tri-Agencies Pipeline Terminal Reservoir; and Progress payment No, 2 in the amount of $88,911.0C to Weardco Construction for work on the Santa Fe I1 Reservoir, Director Maerkle made the motion, seconded by Director Haasl anc unanimously carried. I -4- April 3, 1985 b. Requisition for dis- Mr. Meadows requested Board bursement of project costs approval of Certificate No. ,8 in the sum of $382,344.69. Director Maerkle made the motion, seconded by Director Kelly and unanimously carried. District Engineer Offer and Acceptance - Carlsbad The District Engineer recom- Tract 81-5 - NW Corner Poinsettia mended Board approval of the and 1-5 (CMWD 83-208) Offer and Acceptance document. (See consent calendar for other documents approved on this project.) Director Maerkle made the motion, seconded by Director Kelly and unanimously carried, Tri-Agencies Pipeline Reservoir Mr. Burzell showed the Board Color Selection for Tank a color chart and asked for preferences. Three were chosen (shell, bisque and flax) and will be shown to Cedric Sanders for his opinion. Legal Counsel CEQA Guidelines Mr. Moser said they have started review of the District's CEQA Guidelines to make sure they are up-to-date. Legal Case "Beaumont Cherry This new case has some Valley" language about justifying water rates and connection charges that basically puts the burden on the District of demonstrating that charges are based on some kind of planning documents. I. I Organizational Reports Association of Water Reclamation Agencies San Diego County Water Authority Director Haasl advised that the next meeting will be here tomorrow at 9:00 a.m. Director Maerkle advised that their next meeting will be on April 11. Directors' Reports Xeriscape '85 Director Haasl reported on her attendance at this water con- servation seminar promoting drought tolerant landscaping, Director Maerkle also attended. Discussion followed on promotinc, use of native southern California plants by local developers. Adjournment: This meeting was adjourned at 4:23 p.m. to the next regular meeting on April 17, 1985. Respectfully submitted, I "----- ,/" , Sekretary, B of Directors L.." +&J& 45224 @ -5- April 3, 1985