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HomeMy WebLinkAbout1955-10-06; Municipal Water District; MinutesI I I ~vI~KUTE$ OF THg EEGULAFc fi:j",TING OF THE .BOARD OF DIRZCTORS OF TEIE CARLSBHD WNICIPAL 2iATE;fi DISTRICT HELD OCTOBER 6, 1955, AT 601 ELM AVENUE CARLSBAD, CALIFORNIA, AT 7:30 P.M. Chairman Fry called the meeting to order at 7:30 P,M. in the offices of the Carlsbad klutual Idater Company and directed the Secretary to call the roll: PRESENT: DIRZCTORS FRY, EWALD, ZAHLER, KELLY, ROGERS ABSENT: HONE Also present were representatives of the Carlsbad Journal and Oceanside Blade-Tribune and a number of citizens from the com- munity. Copies of the minutes of the previous meeting having been sub- mitted beforehand to the Directors, Director Kelly offered a moti that the minutes of the Board meeting of September 1, 1955, be approved without reading aloud, The motion, seconded by Director Rogers, was amended to read: lTsubject to the revision of the Resolution to proper form (nwnberingJrt. The motion carried man- i-nously, Correspond- Secretary Ewald reviewed the correspondence as ence follows: 1. Report from the Carlsbad Nutual Water Company listing water deliveries for the month of September, 1955. 2. Letter from the Board of Engineers, san Diego Water Authority, regarding future development in San Diego County. 3. Letter dated October 3, 195.5, from the Rainbow Municipal Water District in regard to the desirability of joint terminal st orage. 4. Letter from the Irrigation District Association, dated Octt ober 3, 1955, announcing a meeting of the District at Davis, Cas if ornia. 5. Letter from the San Diego County Water Authority regarding the Oceanside-Fallbrook lateral connection which will be brought before the committee at the October 20th meeting, 6. Financial Statement -- San Diego County Water Authority. 7. Letter from the San Diego County Water Authority request- ing water production figures, Estimates will be obtained from both Terramar and the Mutual -dater Company. 8. P4emorandum to the Carlsbad City council, dated September ZOth, reauesting permission to move the Districtrs desk and file: to the City Hall for convenience, Secretary Ewald reported that the request had been approved, There was some discussion as to whether or not the telephone listing and the place of meeting should be changed to the City Hall also. Director Rogers offerel a motion, seconded by Director Kelly, that the Secretary should the decision regarding the telephone and place of meeting be de- ferred until the next meeting. The motion carried unaniriously. It was noted in the discussion that no bills had been received for rent of the offices at the Phtual Water Company and it was the decision of the Board that a letter should be forwarded to the Mutual Water Company requesting notice of rent charges to da be authorized to move the desk and files to the City Hall and thl I I I 9. Correspondence from the Irrigation District Association 0- Legislation Report. 10, Irrigation District Association -- Notice of a meeting at Fresno, California, October 13, 1955, 11, San Diego County Yater Authority -- Water Storage Report, 12, Irrigation District Association -- n'otice of a meeting in San Diego, December 7, 8 and 9, 1955. Attorney Dennis recommende that the District appoint a delegate to attend this meeting as there is to be a section formed for I\lunicipal Water Districts. Oral Corn- Director Rogers, Board Representative to the San munications Diego County Water Authority, reported on the Water Avail- regular meeting of the Authority. The Consulting ability (Con- Engineer's re?ort is very skeptical of water avail sulting Engin- ability for San Diego County and it will be up to eers? Report) the Authority to get other water. The report reco mended that new annexations not be made and insofa as practicable the rough and poor lands not be irrigated, Two possible solutions are proposed in the report: I, Expedition of construction of the Feather River project. 2, Reclamation of water for reuse, The Sloan report and tne consulting engineer's report will be available ta all agencies, Oceanside- The request for the Oceanside-Fallbrook lateral Lat era1 the Authority. Director Rogers pointed out that S,5 acre feet is required by Oceanside, The additional 4 acre feet is Carlsbadts entitlement, It was suggested that the Au- thority might consider making this amount over Oceanside's en- titlement available for use by Carlsbad. Director Rogers offered a motion, seconded by Director Zahler, that the Engineer be authorized, and prepared to present at the October 20th meeting, facts in regard-to the mechanical fea'cu res of the objections to the lateral wnich Oceanside had previously submitted. The motion carried unanimously. Berkowitz, Attorney Dennis reported that, upon examination et a1 of material submitted, all data was found to be Exclusion in order with the exception of minor revisions Pallbrook will be acted upon at the October 20th meeting of the capacity of the line is 12 acre feet of which Hearing which ne had made, The Attorney then presented & Ordinance No. 4, providing for this exclusion, whj No, 4- the adoption of Ordinance No, 4 as read, with the Ordinance was reviewed by the Board. Director Rogers moved recommendation that a new map of the District, noting this exclusion, be filed concurrently with the proper a- gencies, The motion was seconded by Director Ewald, The roll call vote was as follows: Rogers: Aye; Zahler: Aye; E'ry: Aye; Kelly: Aye; Ewald: Aye. The Ordinance was adopted accordingly, North Attention was called to the fact that residents oJ Carl sbad the North Garlsbad District have petitioned the Annexation City of Oceanside xor annexation and have receive( favorable consideration. President Fry appointed Directors Rogers and Ewald to contact this committee for annex- ation and report back to the Board at the next meeting. Directo: Rogers moved that, in the event of the exclusion of the North position that it would consider favorably such a request for ex- clusion from the Nunicipal Water District, The motion, seconded by Director Kelly, c arried unanimously, Carlsbaa area and annexation to Oceanside, the Board take the Ordinance Attorney Dennis presented proposed Ordinance No, No. 5 5, to amend Administrative Ordinance No. 1, Sec- re Ordinance tions 2 and 5, in regard to the calling and ad- No. 1 journing of meetings. . Director Ewald moved the adoption of Ordinance No. 5 as read, The motion, second-ed by Director Zahler, was carried with the following roll call vote: Rogers: Aye; Zanler: Aye; Fry: Aye; Kelly: Aye; Ewald Aye, Ordinance No. 5 was adopted accordingly. Financial Director za’nler presenteci the Financial Report for Report the period from July I, 19% through June 30, 1955 Esenoff. The firm nad cpestionel payment ox’ the bills for pamph- Pets or news-letters which had been circulated prior to the bond election. Lfirector Rogers raoved that the Attorney furnish the Board with an opinion as to the legality of these expenaiGures. The _riotion, seconded. by Director Zahler, carried unanimously, as compiiea by the accounting firm of Sverts and Director Zahler also reported that the accounting firm had recon- mended that current bills be listed on a voucher or warrant and approved by number and recorded in the minutes. Director Rogers moved that the bills as presented Tor payment be shown by check n;jmber and approved by voucher number in the minutes. The motion seconded by Director Zahler, carried unanimously, and the matter was referred to the Auditing Committee. I Citizenst fie C, D, IvIcClellan, Chairman of the Citizenst Committee working on a Resolution which must be approved by the General Committee before it may be submitted to the Nunicipal Board. Mr. R. G, Garland- advised the Board tha-t; the Committed wishes to consider the purchase 8ri el Maps of ariel photographs which would be helpful in educating the public in regard to proposed pipelin routes, Director Rogers offered a motion, seconded by Director Zahler, that the Bmrd authorize the expenditure of up to $l25,OC for the purchase of such zaps if requested by the Steering Corn- mittee, with the understanding that they should remain the propel ty of the Carlsbad Municipal Vater District. The vote was as follows: Rogers, Fry and Zahler, Aye; Kelly and Ewald, No, IJat e r Water Committee, reported that the Committee is Formation of Attorney Bruce Smith, representing Nr, W. D. Can- County Water non, appeared before the B.oard asking considera- District tion of the formatiin of a County Water District a District, He stressed the fact that no proposal had been made . in writing and that Yr, Cannon first wishes to have the approval. of’ the Board. W. 3, Phillips, representing the San Diego Gas and Electric Company, advised that his Company does not wish to be a party to such a plan or any action which might jeopardize the P4unicipal Water District. Opinions were requested of of- ficials of the City Council and the Nutual Water Company who were present; it was the general consideratlon of thcs e reply” in that, in view of the seriousness of the situation and the fact that it is a very complex matter, adequate time should be taken to consider it when submitted in detail and in legal form, and requesting the steps necessary in forming suck I President Fry requested that the Water Problems Committee study the proposal for a County Water District and report back to the B,oard. Attorney Smith advised that he would be willing to preser the proposal to the Citizensr Water Committee and to work with them in this capacity, Recall Secretary Ewald reported on the receipt of recall Petitions petitions as follows: Notice dated August 2, 1955, received b,y the District on August 8, 1955, four days after the notice appeared in the local paper, Received by Secretary Ewald via Certified Mail No, 538678. I I I Four notices (one for each Director) received via Certified Mail-, stamped September 20th. Director Rogers stated that he had held the position of Secretary of the Board during August, 1955, and that he had received no affidavit during that month, Director Ewald reported that on September 30th an unknown indi- vidual came to the office and presented the petitions to Secretar Ewald. Attorney Dennis stated that he had examined the petitions and tha there are many irregularities but that he is not in a position to say whether they are totally void until a complete examination of the petitions can be made. Irregularities noted were: Question- able giving of notice before circulation of the petitions dated September 19th, mailed September 20th, petitions having been cir- culated before notice was sent. Circulation of petitions for particular Directors outside their individual divisions, Pail- we to forward notice by registered mail, Recall petitions in- itiated by unqualified voters as fictitious names, Director Rogers stated that he had called at the Journal office and asked the identification of the signatures on the petition &ich had appeared unsigned. It was pointed out that, in a newspaper article concerning the recall petitions, Mr. Stephenson had ad- mitted fictitious names had been used, Director Ewald moved that the Board instruct the Attorney to pre- pare an opinion on these recall petitions and, if there is suffi- cient evidence that the Election Code has been violated, that he take the matter to the District Attorney for investigation. The motion, seconded by Director Kelly, carried unanimously. Directo Rogers moved. that the Board furnish the Attorney with whatever da is necessary for forming his opinion, The motion, seconded by Director Kelly, carried unanimously. Payment The following bills were listed for payment: of Bills Pacific Telephone and Telegraph Carlsbad Stationers Carlsbad Journal W, Simpson Eoyle Zngineering Carlsbad Mutual Vater Company 8 18.93 6,34 394.89 36. OC $32;; Director Rogers moved the approval of the bills for pyment as presented, The motion, seconded by Director Ewald, carried upla- ivaously. The meeting was adjourned at 9:55 P.M., on motion of Director Rogers, seconded by Director Ewald, to be reconvened at 7:30 P,M. October 21, 1955, The motion carried unanimously. /(Jb -, !e -? President of th6 I ,7 Carlsbad Municip h TAL&+ @[ {la Secretary of the Board of Directors. Carlsbad Nunicipal Water District *