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HomeMy WebLinkAbout1988-02-03; Municipal Water District; MinutesI MINUTES OF THE REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON FEBRUARY 3, 1988, AT 2:OO P.M. AT 5950 EL CAMINO REAL, CARLSBAD, CALIFORNIA, The meeting was called to order at 2:OO p.m. by President Bonas with Directors Haasl, Henley, Maerkle and Woodward present. Also in attendance were Acting General Manager/Legal Counsel Moser, District Engineer Greaney, Superintendent Musser, Water Education Specialist Renyer, Administrative Analyst Poole and Executive Secretary Woodward. Gordon Bryan, Julia Nygaard, Ralph Anderson, Jack Kubota, Lola Sherman, Patti Heissenberger, Katheryn Horton, Bryan Milich and Dean Meyer of Kaufman and Broad also attended. Pledge of Allegiance The pledge of allegiance to the flag was given. Approval of Minutes Director Maerkle made a motion to approve the minutes of the regular Board meeting of January 20, 1988, and the special Board meeting of January 27, 1988, seconded by Director Henley and unanimously carried, Oral Communications from the Audience None I Kaufman and Broad Presentation Mr. Milich, Director of For- (Kelly Ranch)(Brian Milich) ward Planning for Kaufman and Broad, briefly reviewed the background of this project leading to the 1985 agreement with the District. At about that same time delays were incurred by the growth management ordinance and the moratoriums put into effect in Carlsbad. In the last 6-9 months Kaufman and Broad has opened an office in San Diego County and are running the Kelly Ranch project out of that office. He explained that he has been meet- ing with Mr. Greaney in the last four months to bring matters up to speed and now wants to build o'n the 1985 agreement with a request to our Board for several things. He has outlined in a letter to Mr. Greaney how they propose to move forward on the water infrastructure at the Kelly Ranch project. He noted that the proposed 2.5 million gallon water tank will be serving the Terramar area as well as the Kelly Ranch. He requested per- mission to continue to work with the District Engineer and staff toward the design and construction of that tank facility. K & B are currently processing through the City of Carlsbad their local facility management plan. It has been accepted and will be coming before the District staff and possibly the Board for review at a later date. K & B are currently redesigning two of their tentative maps to meet new City requirements. They hope to grade more of the Kelly Ranch site this year and begin construct- ing dwelling units sometime in 1989. They requested that Board allow staff to work on the design of the reservoir itself (a 2- 1/2 million gallon prestressed concrete tank). There will also be two lines to be designed and constructed in conjunction with the tank. (Reviewed locations on their map.) I They requested that (1) Kaufman and Broad be allowed to utilize water from the C tank during construction, and in consideration for the use of the land that (2) they be able to use the top of the tank for recreational purposes, i.e. tennis and/or basketball courts. He offered to conduct tours of the site for any inter- ested Board members. Mr. Greaney added that, as a result of staff meetings with the representatives of Kaufman and Broad, they are pretty much in agreement on the tank site and lines. This fiscal year's budget has money to initiate the required engineering. Money will be appropriated this coming year for the construction of the reservoir and those facilities. The timing is appropriate and is only subject to the approval process by the City. In response to .a question, Mr. Milich said that the number of dwelling units has been reduced from 1600 to from 1000-1200 in compliance with the Coastal Commission and the new growth manage- ment restrictions. Mr. Moser highlighted the three issues: (1) the priorities in capital spending; (2) using the top of the tank for private recreational purposes (there are ways to protect the District); and (3) the fact that there are a number of other old agreements on this property that we may need to clear up. President Bonas referred the matter to the Engineering and Operations Committee for review. No urgency for immediate Board action. Consent Calendar Ratification of Checks Director Henley made a motion, seconded by Director Maerkle Sea Pines Units 1, 2 and 5 and unanimously carried, ap- Quitclaim Deed - CRMWI) 83-301, proving the Consent Calendar 85-304 and 85-306 including Resolution No. 565 entitled, "RESOLUTION OF THE RESOLUTION NO. 565 BOARD OF DIRECTORS OF COSTA AZAL MUNICIPAL WATER DISTRICT, EXECUTION OF QUITCLAIM, 12" WATER MAIN - LATERAL "K", SEA PINES UNITS NOS. 1, 3 .& 5." Unfinished Business Consideration of Contract with Mr. Moser referred to the con- Krommenhoek/McKeown & Associates tract draft and cover letter received from K/McK (in agenda packet). Discussions with Mr. Greaney and with the architect have produced about 15-20 changes, mostly technical in nature, i.e. insurance, mileage reimbursement, etc. K/McK has been very agreeable and receptive to the changes. The outstanding issue is the scope of the contract which requires some additional direc- tion from the Board or the committee of the Board as to (1) whether they should proceed to design both the building and the remodeling area at the same time, or if it should be done in phases, and (2) whether we want a full service or bare bones type of scope of work. Mr. Moser's recommendation is to go with full I I I -2- February 3, 1988 service and to have thewhole thing done at once because itwould be less expensive to do it that way and the whole project would get finished quicker. After discussion, President Bonas referred this to the Building (Design) Committee which she is reestab- lishing at today's meeting. Mr. Moser said he hopes to have a fully worked out contract for the next Board meeting. President Bonas asked the General Manager to work out the dates for the Committee to meet. Consideration of letter to the Mr. Moser referred to the let- City of Carlsbad informing the ter (see agenda packet) which City of the District's desire to was first presented at the remain a Special District special Board meeting last week. After discussion it was referred to staff for minor reworking, to be returned for Board approval at the next Board meeting. Committee Reports Legal and Legislative ACWA Joint Water Quality Task President Bonas reported on Force - request for support this Committee meeting where payment of $330 they reviewed the request (see memorandum with attachment in . agenda packet). The Committee's recommendation is to contribute $330. After discussion, Director Haasl made the motion to ap- prove the contribution of $330, seconded by Director Henley and unanimously carried. Notice of Election for After discussion to determine ACWA/JPIA Executive Committee if any of our Directors wish to run for this committee, RESOLUTION NO. 566 Director Maerkle made a.motion approving Resolution No. 566, entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA REAL MUNICIPAL WATER DISTRICT CONCUR-RING IN NOMINATION TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES/JOINT POWERS INSURANCE AUTHORITY ("ACWA/JPIA"), THE THREE ENCUMBENTS, HENRY C. GARNETT, RUTH SANTOS AND RONALD VICKERY," seconded by Director Haasl and unanimously carried. Personnel Consideration of Amending Mr. Moser reviewed the meeting Directors' Reimbursement Policy of this Committee and recom- mended, along with the Com- RESOLUTION NO- 567 mittee (see memorandum with attachments in agenda packet 1, adopting the amendments by resolution. Director Haasl made the motion, seconded by Director Henley and unanimously carried, approving Resolution No. 567 entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA REAL MUNICIPAL WATER DISTRICT AMENDING GUIDELINES FOR COMPENSATION AND REIMBURSEMENT OF DIRECTORS." I I I -3- February 3, 1988 I Director Henley then made a motion to change Section 2.1. of the Administrative Code to a "one-year term." Mr. Moser said this subject does not relate to reimbursement but can be placed on the agenda for the next Board meeting. Motion withdrawn. Director Henley then made a motion to amend the Administrative Code Section 2.3.2. to read "$50.00 per day," seconded by Director Maerkle. After discussion Director Maerkle made an amendment to the motion to read "$100 per Board meeting and $50 for Committee meetings." After further discussion, action on this motion was postponed to later in this meeting. (See Directors' Reports, page 10 of these minutes.) Staff Reports Engineer Review of proposed amendment to Mr. Greaney referred to a let- District's Service Agreement with ter from the City with a draft the City of Carlsbad supplemental agreement (see agenda packet) covering plan checking and inspection and formalizing a procedure which is already followed with some exceptions. Staff was instructed to proceed with their negotiations with the City staff and keep the Board informed. Review status of hydro facility Mr. Greaney reported that this at Squires Reservoir and possible facility is ready for opera- Board action on interim operation tion. Enkar wants to continue of hydro facility even though the water flows are not adequate. (See corres- pondence in agenda packet.) Mr. Moser has been talking to Bob Karlicek about their proposed agreement and they are agreeable to some revisions. The next step is to formally revise this agreement and bring it back to the next Board meeting for Board approval and action. Review status of 1987-88 Capital Mr. Greaney reviewed the list Improvement Program of proposed projects for this fiscal year (see list and cor- responding map in agenda packet) and gave the status on those currently active. Superintendent Mr. Musser referred to his written report (see'memorandum with attachments in agenda packet) and added that the lake level this morning was 493.6 feet and we are buying 11 c.f.s. Will take the lake down to 490 feet to do weed abatement. The State Division of Dams and Safety will be out to do annual inspection of Squires and Lake Calavera; will report to the Board on the outcome. Because one of our field employees lost a set of District keys, we are in the process of changing all the locks. Water Education Specialist Ms. Renyer advised that four newspapers, cablevision and I _. I -4- February 3, 1988 two radio stations are providing notification of the time and location of our Board meetings and encouraging the public to participate in our meetings and get involved in water issues. The public is also being informed that when they can't attend, a copy of the agenda and minutes are available by calling her at the District, The Carlsbad Garden Club has been provided with 500 brochures on xeriscape and water conservation which they plan to distribute at Vons on El Camino Real. The W.O.W.! Program has been rescheduled for April 4, 1988 at 7 p.m. Ms. Renyer will learn more about the program when she meets with the teachers on February 9. She has had two requests for copies of the water conservation ordinance as well as several requests for copies of our water analyses as provided by MWD. Attorney Attorney's Report Mr. Moser reported that the Carlsbad Redevelopment office and their Historic Preservation Committee are thinking of giving Lake Calavera some type of designation. Their meeting will be on February 8 and he will have someone from our staff attend. This item was too late for today's agenda. All the monies needed under the Certificates of Participation issue have been expended. The remainder ($4.7 million) has been transferred to the account from which the bonds will be paid off. The Southern California Water Committee is meeting February 8, 1988, to elect a trustee. Someone from staff will attend, California Special Districts This meeting (announcement in Association, San Diego County agenda packet) will have Sen- Chapter, Annual Meeting ator Craven as the speaker. February 19, 1988, Poway President Bonas felt that all the Directors should attend and suggested that each Director invite a Councilperson as their personal guest, with her guest being the Mayor. After discussion in which it was clarified that the guests would be at the per- sonal expense of each Board member and that staff would take care of inviting the Council and making the arrangements, Director Maerkle made the motion, seconded by Director Henley and unani- mous ly carried. I I Recess President Bonas called for a recess at 3:15 p.m. The meet- ing resumed at 3:30 p.m. Discussion regarding City Mr. Moser advised that this Council/Planning Commission/ meeting has been tentatively District Meeting rescheduled. We have a 15 page report already prepared. He suggested possibly restructuring the meeting by shortening the I -5- February 3, 1988 length of staff presentation and having the policy makers more involved in this forum, and suggested referring the matter to a committee. President Bonas felt this should go to the City/Dis- trict Committee and will discuss later with the Manager a time and date for a meeting Organizational Reports. ACWA Water Management Committee President Bonas reported on this meeting, attended also by Director Maerkle, in Sacramento on January 26, 1988. Ed Thornhill is the new chairman and has established some goals for this committee, one of which is to encourage member agencies to submit a water management plan. They are going to have another meeting before the next ACWA Conference. President Bonas will be working with Pete Rios to try for 100% response from CWA member agencies to prepare and send their Urban Water Management Pro- grams to ACWA. Directors' Reports Response regarding comments from Following is a verbatim tran- the January 27, 1988 Special script of Director Haasl's re- Board Meeting sponse (as requested by Presi- dent Bonas): "First I would like to respond to the comments of the majority of the staff in this letter where it was stated, 'we also feel that any official elected to serve the best interests of the community of Carlsbad, who purposely works against that interest, has acted irrespon- sibly.' Firstly, it is unfortunate that you have been misin- formed and sadly used. I did my research into past mergers, consolidations and formations of subsidiary districts with LAFCO, and found that in every circumstance, employees' pay, benefits and rights to their jobs are protected under State law. As a matter of fact when the City of Carlsbad and Costa Real consoli- dated some of their activities in 1984, the employees of both agencies profited by increased wages and enhanced benefits. And I'll reiterate by saying that I've always fought for what I felt the employees were entitled to. I might also mention that I have fought for the employees over objections of other members of the Board. I take particular pride in the fact that a number of the employees who now provide a very valuable service to the citizens of Carlsbad are on board as a direct result of my effort. I, as an elected official, have always been able to separate opera- tional and political roles and I have always respected the dif- ference. So I am particularly hurt after three years of support- ing staff to find that you felt the need to write a letter in which my integrity as an elected official is being questioned. I am especially offended by the suggestion that I am working against the best interests of the community or that I am acting irresponsibly. Just as in the past I have acted in your best interests, I am currently acting in the best interests of the community to bring the public into the decision making process regarding water issues. Lastly, and interestingly enough, the items that you did list in your letter were accomplished quite a I I I -6- February 3, 1988 bit out a lot of my energy and that of your recently terminated general manager. And perhaps in the words of one staff person in responding to a request of mine last week that I don't answer to directors; I would hope you also understand that you don't answer for directors until, of course, you run my campaign and serve my term. Then in response to what is highlighted in our minutes and was quite publicized as to 'the people in your area (Division 4) elected you to the Board of Directors of Costa Real Water Dis- trict to promote the Water District and keep it the way it's going; this was the mandate to all Directors. For you (Director Haasl) to appear in the paper and say the things that you do; that you want the City (Carlsbad) to take over, you are no longer supporting the District and no longer supporting the people that elected you. For that reason I can see no way that we can let you continue to guide Costa Real Water District.' I think I'll start with Director Woodward then, since your comments were the most publicized in my recent banishment from the presidency of the board...,....to the Constitution which is freedom of speech, and as John Stuart Mills wrote in his book on liberty, 'if all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind,' So, moreover, Mr. Woodward, for you to tell me why the people in my division elected me; you don't even know me, let alone my platform, which was to effect change where necessary and on a large scale. Then to put your own personal mandate on me, as if that weren't enough of an outrage, you push the new president into further removal of my work in committees, is what I feel to be another attempt to make this district your personal office, And you, Mr. Henley, were quoted several times as saying that, 'she's out of her gourd.' Voltaire once answered the question, what is madness? 'To have erroneous perceptions and to reason correctly from them.' So perhaps I am wrong. Perhaps I have erroneously perceived. At least I'm not afraid to comment..- I am entitled to my own perceptions and opinions, It seems that in the beginning of a change the patriot is a scarce person and brave and hated and scorned. But when the cause succeeds the timid join for then it costs nothing to be a patriot. That's a little quote from my friend Mark Twain. So before we move to the next items on the agenda where our new president will be appointing new committees, I would only hope that it should be realized that my intentions are for the betterment of the community, to not deny them the right to look at all the issues objectively with all the facts on the table and hopefully we can accomplish that in a cooperative spirit. As you know, Margaret, I've never been intimidated by change and in fact I pride myself in being a facilitator of change when that change is for the good. I'm not afraid today to support allowing the people to consider a different form of government for this district as, I'm sure, you were not afraid when you supported the possibility of a city-appointed water commission that would consolidate the two agencies. In conclusion, I believe that removing me from serving on committees I I I -7- February 3, 1988 for the district because of the fear that I'm going to represent the people who elected me on my platform, which again was to effect changes in many areas, or by my exercising my opinions or perceptions and perhaps even advocating a few changes here and there, would probably be pretty offensive to someone like John F. Kennedy who said, 'Change is the law of life and those who look only to the past or to the present are certain to miss the future.' I appreciate the opportunity and that concludes my comments. " Election of Vice President and/or President Bonas asked for com- Other Officers as Necessary ments from the Board regarding having elections on an annual basis and moving up through the chairs so that all Directors will have an opportunity to be chairperson. Mr. Moser said this will be on the next agenda for Board consideration and possible action as requested earlier in this meeting by Director Henley. RESOLUTION NO. 568 Director Henley then made a motion approving Resolution No. 568 entitled: "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ELECTING E. J. WOODWARD, JR. TO THE OFFICE OF VICE PRESIDENT.FOR THE REMAINDER OF 1988," seconded by Director Maerkle and carried by the following vote: I I AYES : Directors: Henley, Maerkle and Bonas NOES : Directors: None ABSTAIN : Directors: Haasl and Woodward ABSENT: Directors: None RESOLUTION NO. 569 To f ill the vacancy in the Assistant Secretary/Treasurer position caused by the above election, President Bonas made a motion approving Resolution No. 569 entitled: "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ELECT- TING SUSAN M. HAASL TO THE OFFICE' OF ASSISTANT SECRETARY/TREAS- URER FOR THE REMAINDER OF 1988," seconded by Director Henley and carried by the following vote: AYES : Directors: Henley, Maerkle, Woodward and Bonas NOES : Directors : None ABSTAIN: Directors: Haasl ABSENT : Directors: None Appointment of Committees and President Bonas said she has Representation to Outside given her revised list to the Organizations secretary for typing and will distribute copies at the end of the meeting. Discussion followed on the makeup of the reestablished Building (Design) Committee, to consist of Directors Woodward and Henley. Three citizens will be selected by the President, if the Directors on this Committee agree, from a list made up of two recommendations from each Director. It was determined that the two member Committee can act in the interim until these appointments are made. I -8- February 3, 1988 Consideration of City/ Director Haasl said she feels District Joint Study there is a need for a joint study to see if any cost savings could occur, review existing City/District Service Agreement and make sure it's working or needs improvement, President Bonas felt this was not the time for this and might be brought back at a later date when we have a general manager aboard that can work on this. Director Haasl suggested hiring, in cooperation with the City, an impartial consultant or consult- ing firm to do the analysis. In response to a request by President Bonas for comments from the Board, Director Woodward's reply is recorded here verbatim at President Bonas's request. He said, "This is for myself and not for the rest of the Board. I think that we should all take into consideration that, again, I don't know whether Director Haasl is correct in some of the things she says because you get difference of opinions. You look in the paper and it very plainly states that she is forming a committee to have the City assume control of the Water District. It's not what she just said but that's what the papers say, We went through an election and we went through a review by different companies. Ralph Anderson did one; Pacific Government (Consultants) did one, and also LAFCO did one to see how this situation would really work and whether there was any benefit or not. From this there was a vote and an election by the people. Since then we have been trying to have cooperation with the City and work with the City, Just as a quote, the City/District's advisory committee from LAFCO wrote, 'the key issues which were looked at before are not of a techni- cal nature but are basically political and the City has not demonstrated that significant economic advantages would result from reorganization of the District,' I think this is basically what the District was established upon after that election. But at the present time, as you know, we have many water districts around us, such as Vista, San Marcos, Valley Center, Rincon, RanchoCalifornia, Rainbow, many. So it's not something..,.., it isn't unusual to have a water dist.rict. And for some reason I get the feeling that we're talking about not what we can do to make water better for the citizens but how to get rid of the District and form something with the City. I think that the people gave us a basic directive at the time they had the elec- tion and that we should be still looking at that, We presently, as you know, have been trying to cooperate with the City in working with the City, I think what happened today, Supplement No. 8 (to the City/District Water Service Agreement) shows we are working with the City, doing things for them and with them to make it viable for both organizations. I don't think we've really had any conflicts. Supplement No. 7, I think is interest- ing, which happened in the last year. Actually the City had to maintain a little over $3 million in reserves for water (con- struction) in the City service area. From that the District worked with the City and established a way where we could help the City to release these funds for other things and the District would provide assistance and also the ability to do these things when the City needed to have them done as part of our capital I I I -9- February 3, 1988 improvement budget and according to some of the needs that would develop. This allowed the City to accomplish other things with the money which would otherwise have had to be held in reserve. So I think we've worked with the City; I think we're doing with the City something that has all of the attributes of being good and not something where we should be looking at the City to take us over. I thought the voters made their choice and I feel that if the over 4600 (approximate) valid signatures needed are ob- tained, that this would show us that the public does not feel that Costa Real Water District is providing them with good storage, good water and the ability to deliver it when they need it. If this happens then I think the Board should join in with the City in a fifty-fifty cost to determine who should operate the District. But until the populace, the people, who elected and who voted for this District to be the way it is, changes that, I don't think we should be out running additional studies." Consideration of Contribution Director Haasl reviewed this to Xeriscape '88 (March) Con- request (see letter in agenda vention, Imine; $500.00 packet) for funds to cover the costs of the convention. Dis' cussion followed in which President Bonas recommended a contribu- tion of $250.00. Director Maerkle made a motion approving a $250.00 contribution, seconded by Director Henley and unanimously carried. I I Consideration of Performing President Bonas deferred this an Audit item until after the closed session. continuation of Personnel Committee discussion Director Henley withdrew his motion on Directors' compen- sation (see page 4). Other Business Arising President Bonas recommended After Agenda Posting attendance at the next Presi- d-ents and Managers breakfast by any of the other Directors who are able because of the inter- esting topic. This can be coordinated through our secretary. CLOSED SESSION Personnel (Govt Code 54957) At 4:15 p.m. Director Maerkle made a motion to go into closed session, seconded by Director Woodward and unanimously carried. I The meeting returned to regular session at 5:15 p.m. Mr. Moser advised that the Board met in closed session to consider the termination and appointment of a general manager for the District. The Board took two actions: (1) On a vote of 4 to 1 with Director Maerkle voting no, Mr. Moser received direction to amend paragraph 4.6.C. of the Admin- istrative Code that relates to sick leave payments; and -10- February 3, 198; I (2) By a unanimous vote the Board appointed Robert Greaney as General Manager/District Engineer and authorized execution of an employment agreement, Consideration of Performing This item, postponed earlier an Audit in this meeting, was deferred by Director Maerkle, New Committee List Copies of the new list were distributed. Discussion fol- lowed. Mr. Moser advised that changes to the committees don't require Board action, Any change to the organizational repre- sentation does require Board action. Current representatives would stay until action is taken. Deletion of the Public Information Committee will require a resolution because it is in our Administrative Code. The change in rotation of Board officers will also require amendment to the Administrative Code, Adjournment The meeting adjourned at 5:25. Respectfully submitted, I I _. -11- February 3, 1981