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HomeMy WebLinkAbout1988-04-20; Municipal Water District; MinutesMINUTES OF THE BOARD MEETING OF THE BOARD OF DIRECTORS OF COSTA 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 General Manager/District Engineer Greaney, Legal Counsel Moser, Superintendent Musser, Administrative Manager Poole, Public Information Officer Renyer and Executive Secretary Woodward. Gordon Bryan, Margie Monroy, Barbara Hallman, Steve Deering, Larry Willey, Roger Greer, Ralph Anderson, Patti Heissenberger, Jane Schnirring, Lola Sherman and others also attended, - I -" REAL MUNICIPAL WATER DISTRICT, HELD ON APRIL 20, 1988, AT 2:OO Pledge of Allegiance The pledge of allegiance to the flag was given. Approval of Minutes Director Maerkle made a motion seconded by Director Woodward and unanimously carried, to approve the minutes of the Board meeting of March 30, 1988. Oral Communications from the Audience None Consent Calendar Ratification of Checks Director Henley made a motion Offer and Acceptance, Carlsbad to approve the Consent Cal- Airport Business Center, CT endar, seconded by Director 74-21, Phases I & 11, 81-222 Maerkle and unanimously car- Hills, CT 84-35/ZC 318, 84-513 I Offer and Acceptance, Falcon ried. Notice of Completion, Painting ex- This item was removed from the terior of La Costa Low and the Consent Calendar for a sepa- Twin "Dm tanks, CRMWD 87-108 rate vote. Director Henley made the motion to approve RESOLUTION NO. 576 Resolution No. 576 entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT AUTHORIZING ACCEPTANCE OF THE PAINTING OF (3) WATER STORAGE RESERVOIRS (LA COSTA LOW & TWIN I'D" TANKS)," seconded by Director Maerkle and unanimously carried, Committee Reports I Engineering and Operations Mr. Greaney reviewed the back- ground for the recommendation Luke-Dudek Contract for Squires for approval of this contract by both himself and the Engin- eering and Operations Committee (see memorandum with attachments in agenda packet) for a not-to-exceed sum, of $112,592. Director Woodward added that this will be an excel lent first step toward getting this (the Squires Reservoir facilities upgrade and expan- . .. .. .. . . .~ .. , . .- .. . -. . I sion) started. Director Haasl made the motion in concurrence with the recommendation, seconded by Director Henley and unani- mously carried, approving the contract with Luke-Dudek for the not-to-exceed sum of $112,592. Finance and Administration Director Maerkle asked that this item be postponed to the Consideration of financial next meeting. analysis of Capital Improve- ment Program Legal and Legislative Mr. Poole referred to his mem- orandum with attachments in Consideration of advertising in agenda packet, showing the Parks & Reczeation's brochure last District ad which cost $175. The Committee has re- viewed this, recommended Board approval of the expenditure of $175, and suggested using a conservation theme stressing Water Awareness Week be incorporated into the copy. After discussion, Director Henley made a motion approving the recommendation, seconded by Director Maerkle and carried with Director Haasl abstaining. Staff Reports Superintendent Mr. Musser reported that in March the District averaged a flow of 21 c.f.s. with a high of 28 and a low of 15. We are currently buying 13.5 c.f.s. In No. 1, the Palomar Airport Road connection, we are flowing 8; No. 2 which is the La Costa High connection is 2; No. 3, the connection in Squires Dam, is at 1.5; and No. 4, the TAP connection is 2 c.f.s. The crew has been working for the past month on refurbishing our fire detector vaults. They have also been working toward installing a temporary P.R. station in Calavera Hills off the TAP line to get the high pressure gradient installed; this is in conjunction with the pump station which is being readied to go out to bid. mblic Information Officer Ms. Renyer advised that our customer newsletter was mailed out on Friday (April 15) with-a cost of almost $300 less than the estimated figure. The W.O.W.! Awards night was on April 4th and Directors Henley and Woodward gave out 125 cash awards to students from six local schools. The artwork and essays (some of which were on display in the District Boardroom and lobby) will be on display in the La Costa and Carlsbad libraries next week. We will be participating in the Water Authority's school program on Friday (April 22) and on May 9th when they will be at St. Patrick's School and Carlsbad High School. We are also sending out 30 second public service announcements to local radio sta- tions urging water conservation as the weather gets warmer. Administrative Manager Ratification of Investments Mr. Poole referred to this re- I -2- April 20, 198€ I port for the month of March 1988 in the agenda packet and re- viewedit briefly forthe Board. Director Haaslmade amotionto ratify the investments, seconded by Director Woodward and unani- mous ly carried. Consideration of Directors' Mr. Poole advised that this division map item will be postponed to the next Board meeting agenda due to delays in obtaining precinct maps from the Registrar of Voters. Lake Calavera historic Mr. Poole advised that the designation Historic Preservation Com- mission discussed this at their last meeting and have directed their staff to research an historic point of interest designation rather than an historic landmark. This will be coming up on one of their future agendas. Attorney Litigation with Community Mr. Moser reported that we do Resources Corporation have a final judgment against (this item incorrectly listed the Community Resources Cor- under Closed Session on agenda) poration for $95,400 plus in- terest (which is currently about $25,000). We have filed abstracts which basically keep them from transferring property free of the litigation in three different counties. They have a substantial amount of property in Southern California. They have filed a Notice of Appeal. They will have to either file an appeal bond in the amount of 150% of the current amount or otherwise go to court to be allowed to continue the appeal without securing the obligation that's now owed to the District. The lawsuit is going ahead. Request to add a second item Mr. Moser asked for a vote to to the Closed Session regarding add this item to the agenda the termination of Tom Brammell under Closed Session later in (Govt..Codes 54956.9.(b)(2) and this meeting. Director Maerkle (54954.2.(b)(3) made the motion, seconded by Director Woodward and unani- mously carried. I General Manager/District Engineer Consideration of membership in The bylaws of this organiza- CAREW (California Association of tion and a list of member a- Reclamation Entities of Water gencies were provided to the Directors prior to this meet- ing. Discussion was postponed to later in this meeting (see Directors' Reports, page 7) to give the Directors time to review the material. Consideration of LAFCO 1988 mailed After discussion, Director ballot election - due May 6, 1988 Maerkle made a motion author- izing our representative to I -3- April 20, 1981 I vote for the Nominating Committee's recommendations, seconded by Director Henley and carried with Director Haasl abstaining. Consideration of authorization of After discussion, Director Robert J. Greaney as Administrator Maerkle made the motion, sec- of the Deferred Compensation Plan onded by Director Woodward, and unanimously carried, ap- RESOLUTION NO. 577 proving Resolution No. 577, entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT AP- POINTING ROBERT J, GREANEY THE PLAN ADMINISTRATOR OF THE EM- PLOYEES' DEFERRED COMPENSATION PLAN." Consideration of Membership in Director Henley made a motion CALPELRA (California Public Em- approving Resolution No. 578, ployers Labor Relations Assoc,) entitled, "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA RESOLUTION NO. 578 REAL MUNICIPAL WATER DISTRICT AUTHORIZING MEMBERSHIP IN THE CALIFORNIA PUBLIC EMPLOYERS LABOR RELATIONS ASSOCIATION (CALPELRA)," seconded by Director Maerkle. Discussion followed with Mr. Poole reviewing the advantages to the District for the nominal annual fee of $95.00. Roll was called and the motion carried unanimously. Report on Ramona Municipal Water In addition to Mr. Greaneyls District resolution opposing memorandum (see agenda packet) SANDAG Regional Governmental Mr. Moser explained that SAN- Responsibility Report DAG'S approach is that water agencies can raise water rates to get funds, while cities and counties cannot. After dis- cussion, Director Henley made a motion directing staff to draw up a resolution supporting opposition to legislation for reallocation of property tax revenues from the special districts to the County of San Diego, for consideration at the next Board meeting, seconded by Director Woodward. Discussion followed with Mr. Poole adding that here at the District, if improvement district revenue were excluded, it would mean $382,000 a year. Mr. Moser said he will include in the resolution the financial impact on the District. The motion carried unanimously. Organizational Reports San Diego County Water Authority Board meeting President Bonas advised that water rates will be increased $5.00 an acre foot in July 1988 and $5.00 an acre foot in January 1989, Mr. William Taylor of Buena Colorado was seated on the board replacing Mr. Tyson. There will be a tour of the facility on April 28th. Rancho California will have 35,000 acre feet of reclaimed water available in the near future. CWA is planning to initiate a request for a 10% decrease in the use of water. Encina Basin subcommittee Director Woodward reported on I I' -4- April 20, 1981 I this meeting covering two parts: (1) Discussed a request from the WARAC committee for funds to do a financial study to deter- mine if it is feasible to proceed with the MERK Plan and to see if the Water Authority would pay for part of this study. (2) A group met to determine what they could do to provide this information to the Water Authority. From this meeting it was decidedthattheywoulddevelopa scope of workwith the staff to be able to ask CWA for some funds to provide this study. In this meeting it was determined that each board of directors of the member agencies will be asked for a contribution, but until they get a scope of work the cost won't be known. The goal is to determine if the MERK Plan will work and how to establish the model here in North County. Mr. Greaney was at the staff meeting yesterday where this was to be studied. Mr. Greaney said that Peter MacLaggan made a presentation at their meeting of a proposed scope and asked for input, additions, deletions, etc. The discussion also touched on policy decisions the Water Authority is going to have to make regarding reclaimed water and their commitment to it. This will be a separate issue to be presented to the Water Authority, as well as the scope. The scope is to be presented in some format to the Reclamation Committee at the Authority in the hope of pinning down a scope of work and getting proposals to see what the cost will be and work out a participation agreement at the Water Authority level. Director Woodward said it appears at this point that there will be a request for financial participation from the districts and the cities for funding of this project. Association of Water Ms. Renyer advised that the Reclamation Agencies Association will be voting to change from monthly morning meetings to quarterly luncheon meetings and will also include the annual symposium as a meeting. The annual symposium is scheduled for Friday, October 13, 1988 to be held at the Town and Country. I Presidents and Managers Council Mr. Greaney said the topic of discussion was recently-passed Proposition A for San Diego County regarding the transportation issue, and the upcoming growth initiative that the City of San Diego is attempting to put on the ballot for the next election. Directors' Reports I Consideration of attendance at Director Woodward reviewed the "Management of Water in Cali- agenda to be covered in this fornia," U.C. Berkeley, June 17 one-day course being presented by the engineering department at U.C. Berkeley, requested Board authorization for his atten- dance and recommended that Mr. Greaney be approved for attendance also. Director Haasl asked that she be included for attendance. Director Maerkle made the motion, seconded by Director Henley and unanimously carried, approving attendance by Directors Woodward and Haasl and General Manager/District Engineer Greaney. -5- April 20, 198 Status report on City of President Bonas said she had Carlsbad support of Senate asked that this be on the a- Concurrent Resolution No. 68 genda so that Mayor Lewis's letter supporting xeriphytic landscaping for California could be seen by all. Status of Request for a Study President Bonas rejected, and by the League of Women Voters recommended that the Board re- ject, participation in this study. She feels that it violates the spirit of the Water Ser- vice Agreement. Director Haasl spoke in favor of participating financially with the City for a study. Mr. Moser said that it (participating in such a study) really isn't consistent with the intent of the Water Service Agreement, and the two public agencies work cooperatively on providing water service. The District has a legal obligation to provide information to any citizen that requests it. As far as actually participating financially in the study, again, this is not consistent with the intent of the agreement. Whether the District wants to proceed with that is a political question. He added that there remain a number of opportunities for the City and the District to work together under the parameters of the Water Service Agreement and through the Joint Committee. Discussion followed. Director Woodward made a motion that the District not participate financially in the study in violation of the Water Service Agreement, but make its records available to the League of Women Voters, seconded by Director Maerkle. After further discussion the motion carried with Director Haasl voting no. Consideration of authorizing staff Director Renley expressed an to study the water usage required interest in knowing how much by median and greenbelt areas water is being used by devel- opers in their landscaping, estimating 20 to 25%. He made a motion to authorize staff to work with the City to study the water usage in the medians and greenbelts controlled by the City of Carlsbad, and (as amended by Director Woodward) establishment of a committee/s to meet with the City's Planning and/or Landscape departments to determine how we can get xeriscape types of landscaping put into their plans and site development requirements for lots throughout the City of - Carlsbad, seconded by Director Woodward. The motion carried unan- imously. Discussion followed as to current City landscaping requirements for developers and Larry Willey was asked to provide the Board with a copy to which he agreed. State Water Resources Control Staff will be requesting a Board report on Preliminary copy of this document for the Strategy for Ground Water Qual- District library. ity Protection I I I Consideration of request from This request does not require Sheriff Duffy for support of Board action but was presented Proposition A here for information only. Recess President Bonas called for a -6- April 20, 1988 I recess at 4:lO p.m. The meeting resumed at 4:25 p-m. Consideration of membership in After discussion, with Mr. CAREW (California Association of Moser reassuring the Board Reclamation Entities of Water that even though the City of Carlsbad has prime responsi- bility for reclaimed water, it is supposed to get input from the District with regard to its reclaimed water facilities, this item was postponed. Director Woodward made a motion to defer action to the May 18, 1988 Board meeting, seconded by Director Maerkle and unanimously carried. CLOSED SESSION A. Status report from Ron Endeman on Santa Fe I1 Reservoir litigation (Govt. Code 54956.9) B. Potential litigation regarding termination of General Manager (Govt. Codes 54956.9.(b)(2) and 54954.2,(b)(3) At 4:36 p.m. Director Henley made the motion to go into closed session, seconded by Director Maerkle and unanimously carried. The Board returned to regular session at 4:51 p.m. with all members present. I Adjournment The meting adjourned at 4:52. Respectfully submitted, , Bijard of Directors I -7- April 20, 198E