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HomeMy WebLinkAbout1989-01-18; Municipal Water District; MinutesI MINUTES OF THE BOARD MEETING OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT, HELD ON JANUARY 18, 1989, AT 2:OO P.M. AT 699 GRAND AVENUE, CARLSBAD, CALIFORNIA. The meeting was called to order at 2:OO p.m. by President Bonas with Directors Greer, Henley, Maerkle and Woodward present. Also in attendance were General Manager/District Engineer Greaney, Legal Counsel Mosef, Administrative Manager Poole, Superintendent Musser, Public Information Officer Renyer and Executive Secretary Woodward. Ralph Anderson, Jack Kubota, Howard Owens, Lola Sherman, Patti Heissenberger and Jayne Akamine also attended. Pledge of Allegiance The pledge of allegiance to the flag was given. Approval of Minutes Director Henley made a motion to approve the minutes of the Board meeting of January 4, 1989, seconded by Director Maerkle. Director Greermade amotionto have a sentenceinsertedinthose minutes to the effect that he was denied a request for a five- minute rebuttal under presidential privilege, seconded by Direc- tor Woodward and unanimously carried. The motion to approve the minutes, as changed, was unanimously carried. I Oral Communications from the Audience None Unfinished Business Consideration of proposal to pro- Mr. Greaney advised that he vide professional appraisal and had just received a proposal right-of-way service for alternate from Rick Ryals for this pro- tank sites ject which now includes work to be done to give the Dis- trict litigation guarantee for the affected parcel and also the cost of the local MA1 appraiser to complete a narrative appraisal on the affected parcel. The total fee is now $12,500.00. Staff is recommending that the proposal be accepted and Ryals and Associates be authorized to proceed with the appraisal toward possible acquisition of the property. After discussion and re- view of the proposal, Director Henley made a motion accepting the proposal from Ryals and Associates for a not-to-exceed total of $12,500.00, seconded by Director Woodward and unanimously carried. Consideration of amending policy Mr. Poole referred to the in- regarding election of officers tent of the Board to adopt a formal election policy when they approved the one year term last February (see memorandum in agenda packet). Rotating up through the five offices was discussed at that time. After discussion, Director Woodward made a motion to retain the current policy of one year terms with an election to take place each year, seconded by Director Henley and I carried, with Director Bonas voting no. I Election of officers President Director Maerkle made a motion nominating Director Woodward for President, seconded by Director Bonas. Director Maerkle made a motion to close nominations, seconded by Director Henley and unanimously carried. The motion to elect Director Woodward as President carried unanimously. Vice President Director Woodward made a mo- tion nominating Director Henley for Vice President, seconded by Director Greer. Director Woodward made a motion to close nominations, seconded by Director Henley and unanimously carried. The motion to elect Director Henley as Vice President carried unanimously. Secretary Director Maerkle made a motion nominating Director Bonas for Secretary, seconded by Director Woodward. Director Henley made a motion to close nominations, seconded by Director Woodward and unanimously carried, I The motion to elect Director Bonas as Secretary carried unani- mously. Treasurer Director Henley made a motion nominating Director Maerkle for Treasurer, seconded by Director Woodward. Director Henley made a motion to close nominations, seconded by Director Woodward and unanimously carried. The motion to elect Director Maerkle as Treasurer carried unani- mously. Assistant Secretary/Treasurer Director Henley made a motion nominating Director Greer for Assistant Secretary/Treasurer, seconded by Director Maerkle, I Director Maerkle made a motion to close nominations, seconded by Director Henley and unanimously carried. The motion to elect Director Greer as Assistant Secretary/Treasurer carried unanimously. Director Bonas thanked the Board and staff for their strong -2- Janpary 18, 1989 I support and loyalty during the last ten months since she was elected to replace former-Director Haasl as Board President, and wished President Woodward and the District a productive and successful 1989 as she presented the new president with the gavel. President Woodward thanked her and said "we're only going to make it if all of us work together ...., for the City ..... providing the water we need, the storage we need and (with) the cooperation we need from everyone to make it work. With that I think we'll have a great one." (President Woodward conducted the rest of the meeting. 1 Approval of content of Pacific Mr. Moser reviewed the con- Governmental Consultants contract tract provided by Pacific Gov- ernmental Consultants with minor revisions by Mr. Moser (see copy in agenda packet) and recommended approval. After discussion Director Bonas made a motion to approve the content of the contract with theinclusion of the not-to-exceed amount of $7,500.00, (which was in the original Board action on December 21, 1988,) seconded by Director Henley and carried, with Director Greer voting no. Staff Reports Superintendent Mr. Musser referred to the re- port on Rainfall Totals for the last twelve years at the District (see copy in agenda packet). He reviewed some of the ongoing projects in the District; discussion followed. The lake level is at 498 and we are currently buying 17 c.f.s. Public Information Officer Lead notification report Ms. Renyer referred to her written report (see copy in agenda packet) distributed at the meeting. The report (1) iden- tifies the problem; (2) lists the actions taken by Metropolitan and its member agencies to date; and (3) offers additional public information strategies that the Board may'wish to act on today . While the tests of fresh water in California show natural lead levels well below the federal standards, problems can originate fromleadpipes (rare in southernCalifornia) and theuse of lead solder (still easily available). After the Board discussed the possibility of free lead tests for local schools and other public buildings and charging any resident requesting the test a nominal fee of $10.00, Director Woodward suggested that the City should be informed of what the District is considering since they may want to be involved. Director Greer complimented Ms. Renyer on her report and suggested that copies be placed in the lobby for the public. I 1 -3- January 18, 1989 Public Information Officer (continued) The W.O.W.! Program is scheduled for March 1, 1989 at the Cul- tural Arts Center in Carlsbad. Director Woodward suggested incorporating the 35th anniversary of the District's existence into the W.O.W.! event an-d asked Director Maerkle to assist Ms. Renyer with any historical data, Director Maerkle agreed and added that the Board might also want to work with our Chamber of Commerce regarding our 35th anniversary. After discussion, Director Greer made a motion to adopt Ms. Renyer's report and to include this on the agenda of the next District/City Committee meeting, seconded by Director Henley and unanimously carried. Administrative Manager Mr. Poole reported that Ac- counting has been busy preparing tax documents. The financial advisers are still in the process of conducting their analysis of the Capital Improvement Program and our Investment Policy. They will be at the District before the next Board meeting to look at our procedures and make recommendations. Attorney Update of the Ralph M, Brown Act Mr. Moser, who had provided copies of the update to each of the Directors and the District, advised that about the only change that would affect our District relates to having meetings by teleconference which requires audio and visual for public meetings. General Manager I. I Lake Calavera property Mr. Greaney referred to the memorandum from Director Greer (see agenda packet) requesting that this item be placed on the agenda for possible staff direction, After discussion by the Board, of the potential for various recreational amenities, Mr. Moser advised that Lake Calavera was acquired with water enterprise funds and is committed under the Water Service Agreement to the water system. If the City decided to use the property for a golf course there would be no problem if the District did not want to see the property sold or otherwise developed to produce revenue for the water system. The District has a certain right and even an obligation to see that the asset is used for water system purposes. He did not feel that this would preclude the suggested use of the property. After further discussion, Director Woodward made a motion that the Finance Committee (appointments to be made soon) review the effect of such a development on the District, and that the District/City Committee should discuss this matter at their next meeting to. find our the Council's feelings on the matter, seconded by Direc- tor Greer and unanimously carried. -4- January 18, 1989 Organizational Reports I San Diego County Water Authority Director Bonas provided copies of the minutes of their latest meeting as well as the general manager's report, and referred to points of importance, One of the items concerned a levy of 25 cents/capita to each city for the SDG&E study. After discussion, Director Woodward felt this should be an item for discussion by the District/City Committee, Another item Director Bonas mentioned is the "Proposed Riparian Preservation Act of 1989," which is being opposed by the Board of Padre Dam Municipal Water District. Director Bonas suggested that this item be placed on our next Board meeting agenda. Presidents and Managers Council Director Bonas reported on her attendance at this meeting at which Mike Madigan was the speaker. The topic was the Bay-Delta hearings which have been delayed for six months. He also spoke on the SDGstE situation with the Water Authority, and the storage site study being done by Montgomery Engineers. I Directors' Reports Director Greer distributed copies of a memorandum to the Board of Directors and asked that it be included in the minutes. It reads as follows: "Subj: Response to President Bonas Statement of January 4, 1989 President Bonas read a statement at the end of the meeting of January 4, 1989 and by her exercise of 'Presidential Privilege' I was not permitted to respond. I am unfamiliar with 'Presidential Privilege' as being an appropriate privilege, although I am sufficiently familiar with Robert's Rules of Order to understand that the conduct of the meeting is the responsibility of the Chairperson. I believed that one of the responsibilities of the Chairperson is to ensure that all sides of an issue are heard rather than conducting the meeting in a partisan manner. Accordingly, I am compelled in communicating my response to her many allegations in this memo. 1. My letter to the editor of December 30 was prompted by the fact that President Bonas declared to the press that 'this is the first volley of the war.' I wanted my constituents to be assured that1 had not participate din arrivingatthatposition and that I did not (and will not) approve any agreement with Skip Schmidt or any other consultant to develop alternative proposals for consolidation, that are not in the best interests of the citizens of Carlsbad. I am greatly embarrassed that the President of a Board to which I was to become a member declares 'war' on another elected official and in particular the Mayor of my community. I may not always agree with Mr. Lewis, but he is my Mayor. I know I -5- January 18, 1989 I him, respect him and I am confident that he would not use such inflammatory words to describe his actions toward another citizen of our city. I have found him to be courteous and patient with all citizens of different persuasions, even when differing with them philosophically. 2. She accused me of a serious 'breach of ethics' by leaking closed session material in advance of a closed session. The fact is I was provided an agenda prior to the meeting of December 21, but it did not contain any material for use in the scheduled closed session. I did not speak to any Board member or any one else authorized to have such material about the material prior to the meeting. The agenda did indicate that a closed session was to be held for the purposes of discussing a 'request for representation.' I don't believe that it would take a rocket scientist to figure out that Julia Renyer might feel the need for legal assistance. Mr. 'Owens of the Carlsbad Journal contacted me on December 20 and asked if I was aware that Ms. Renyer had asked for representation and I advised him I did not and also indicated that I had no intention of pursuing litigation against her at that time. He asked how I would view the matter of the District providing her representation and I responded that I would view such action as an admission that she had been acting at the direction of a District official or had been acting in what she thought was the District's best interests. Such an action by the Board would in my view be contrary to the in.formation I had been given by District officials that she had been acting on her own during time that she was not in a duty status with the District. I did not attend the closed meeting as I was not a member of the Board. I did not receive any information from any one in attendance at the meeting and I have no knowledge of the meeting other than the Attorney's statement that no reportable actions were taken. I also think it a bit ridiculous to accuse me of an indiscretion by violating an obligation of a Board member prior to the time that I became a member. 3. I protest her describing a citizens group as a 'gang of five.' After all, we are a nation that was built on the diversity of our backgrounds and opinions, not a society that thinks it appropriate to get in lock step and .march off behind someone singing 'On the Good Ship Lollypop.' 4. I do not condone multiple signatures on a petition any more than I believe that executing a petition with a false name is proper. I do believe that signing a petition more than once can occur because of the various petitions being circulated at the time and that a large group of petitions had been stolen - this is not to excuse but merely to indicate that there may be plausible explanations. I don't believe that signing a petition with your own name more than once is an expression of malicious intent as can be inferred by signing a false name. In any event, the process used by the Registrar of voters to validate the petitions apparently takes into account that there will be persons who execute the petition that are not registered, not residents or not otherwise qualified to sign. The fact is the I I -6- January 18, 1989 - Registrar has validated the Coalitions submittal. I presume that President Bonas review of these petitions is for the purposes of challenging the Registrar's efforts and not to embarrass, coerce or to harass citizens who signed them, I wish to assure all of you that I take my position seriously and I will serve my constituents to the best of my ability with diligence and respect. I will continue to respond to reporters inquiries with honesty and sincerity and I will not 'play to the press' to sensationalize or to curry favor. I will treat my fellow Board members with respect in spite of the fact that I expect to disagree with them on certain issues without being disagreeable. I believe that I should expect the same from other members of the Board, (signed) Roger W. Greer" Adjournment The meeting adjourned at 3:35. II Respectfully submitted, I/ I -7- January 18, 1989