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HomeMy WebLinkAbout1956-04-04; Municipal Water District; MinutesMmS OF TKE RXGVLAR MEETING OF TI33 3W OF DIRECTORS OF THE CWBAD MUNICIPAL WATER DISTRlCT, HELD APRIL 4, 1956, AT 2900 PI0 PIC0 BOUL;EVARD, CARLSBAD, CALIFoI2NIA AT 7:33 P.M. I Chairman Fry called the meting to order at 7:30 P.M. and directed the &ecu-bive Secretary to call the roll: Present : DII?ZCTORS : EWALD, FRY, ROGERS, ZAHLER, KELLY Absent: none Also present were 0. E. Owen, Jr. and C. B. Smith of the Sm Diego G,s and Electric Company; Ehgineer Donald Short; Attorney Wm. Dennis, C. D, &Clellan; W& Cannon; Robert Hardin of the Mutual Water Company; and a reporter from the Blade-Tribune. Mnutes Mirmtes of the March U, adjourned meeting were corrected and approved, March U, 1956 April 2, 1956 motion of Director Ewald, seconded by %rector Zdiler. & Minutes of the April 2 special meeting were corrected and approved upon CORRESPONDENCE: 1. &in Diego County Mater Authority - March l6, 19%: Answering the Board's letter of March 1st requesting consideration of the construction of a cros8- Aqueduct connection between the first aqueduct and the proposed second aque- cross-con- duct. The matter is to be discussed at an Authority meeting on April nection 12, 1956. 2, Sara Diego County Water Authority - Wch 22, 1956: Enclosing a copy of the op tion to purchase from owners the suggested Sa bcos Beservoir site, San Marcos Section 5 of the option was questioned, and upon motion of Djrector Option Zahler, seconsed by Director Ewald, Director Rogers was instructed to take up the matter with the Authority. 3. Sari Diego County Water Authority - March 28, 19%: Regasding charges for deliveq of water stored in San Vicents. Since this is an apparent violation of Delivery contract, upon motion of Director Ewald, seconded by Director Kelly, Charges Director %gem, Attorney Dennis and Engineer Short were instructed to I investigate. 4. Irrigation Districts Assocfation: Nnutes of the Executive Connnittee meeting of March 2, 1956. 5. Irrigation Districts Association - hch 3 , 1956: Announcing a meeting at Frem fif3SI.W EwaLd, Director Rogers was appointed to attend vith expenses to be Meeting paid by 0. 1% 9, M and II, Upon mtion of Director Kelly, seconded by Director 6. State EmployeesT Retirement System I March 34, 1956: Instructions for obtaining Old Age Security Insurance fop employees, This was ordered placed on OASI file under SOCIAL SEcuRIV1, 70 O'MeIveneY and eers - kch 21, 1956: Acknowledging Director Ewald's letter of March lgth regarding the commencing of bond proceedings. 8, County Auditor - received March 23, 1956.: Announcing taxes collected through Februarg 29. Since the check had not been received the secretary was instructedto investigate. 9, County Auditor - Check for current secured taxes through Febmq 29, 1956 in the mul'lt Of $Go. 51, ID, W. W. %gem -- &ch 28, 1956: Re Golorado River water to be available in 1955 Second County. The letter also states that f'unds for survey for a second que Aqueduct duct have been appropriated for construction when the Netropolitan buil legislature ($2OO,OOO for San mego County) for engineering studies of the coastal route for bringing Feather Rper water into Southern California, 11. County of San Diego -- April 2, 19% (from Registrar of Voters) : Advising of the candidates who have filed for Divisions three and four for the June 5th June 5th prfmars election, viz. , Division No. 3: Max 0, Wd; Floyd J. Huffhan and advising of steps being taken to get additional water to &n Diego the upper half, and that money has been appropriated by the California *lmary Division #4: Frank B, Smith; Billy C. &yo 12, C. D. kclellan -.c April 3, 19%: Reporting on the meeting held in North Carlsba on April 2, 19fi6. Mr. PlCClellan reported that the meeting was attended North by 65 North Carlsbad residents and about 15 others, Questions were in- Carlsbad vited. The discussion was followed by secret balloting which resulted ao and 22 favorable to North Carlsbad 1 s inclusion. in 4.4 favoring annexation to Oceanside and 18 opposed; and 39 opposed I Improvement The attorney was called upon to repeat an opinion as to whether Korth District Carlsbad can be left out of an Improvement District, He stated that all within the mea of a proposed Improvement District nust be bene- fited and tax levies must be made against those benefiting. If the Board acts in good faith in adopting a Resolution to exclude an area, the decision may not be successfull: contested in&@ courts. There my be litigation, but the courts would sustain such a decision if there is reasonable ground for believing a certain area would vote down a land would be benefited has nothing to do with who is included. bond issue; he said further that it is the opillion of Ot&?lvene;y & Mrs that what Director Rogers questioned this interpretatior. and said he would wish to see this opb ion in writing. He stated that there is no way in which to avoid benefiting North Car: bad when the proposed pipe line is installed; it was his feeling, he said, that the reason North Carlsbad indicates opposition is that they want to annex to Oceanside, bw if they do not get into Oceanside they would recognize that they have to kxme water, He stated he believed we should proceed with hearings but that he would oppose excludfi North Carlsbad unless they indicate they are going to annex to Oceanside. The attorney announced that the engineer has already prepared a map that would be suf- ficient for instituting proceedings and it is now necessary to draw the Resolution. I3 requested the Board to decide where the line should terminate in order to prepare the Resolution wMch could be ready next week. Citizens f Mr. McClellan was called upon and stated he was reluctant to have the Conmofttee Citizens' Conrmittee act on the letter sent by CPND under date of April in this matter since it is an engineering problen and not one of political expediency, Committee was to avoid the complaint that t5e Board had been given a blank check 85 had occured at the time of the pTevious election, 2, 1956. !?be Codttee has now been disbanded and would have no voice Director Rogers stated that the reason the Board bad referred the matter to the I McClellan said the wish of the Cormittee now is to have the bmd election called as soon as possible and that the commmity does have confidence in the Band Board, He related that the residents of North Cisrlsbad had Seen noti- ELection by mail in advanca of the April 2nd meeting, and thsy had had aznple North what Mr. MCCleb considered a cross section of North CarIs3ad, There Carl sbad had been no effort to influence opinion, but only to present facts. He vote of Northe Carlsbad. (This point was disputed by Director Rogers.) & opportdty to be heard and that the sentiment expressed represented anticipated that ve would have to pick up la votes to neutralize the !'Ii m3.d. Director ASogers reported that he %a6 been trying to get the Oceavls5.de cept it in lieu of zm inclusion fee, ;Policy Director &ala brought up the following points: 1. Do we want to get Council to take a more ressonable Sew tova3.d the Iatucel stock and ac- into the f2nancing business? 2. If not and we bring the line in as proposed by the ktual, we would be in +,he distributing business. 3. If the line is paid for out of the bond issue by taxatiora, the highest valued property would have the highest taxes, 4. If the line is paid for by assessments oa ktwl stock, the share holders will foot the bill, I htud Director IEoger3 said the Xutual could get a loa instead of assessing the stock. He stated that he believes we should lease the line to the Iyh.ltua1 at a sufficient rate to repay the cost within a certain period. Pipelfne Fhgineer Short stated that to bring the line don streets would increase necessarg; he estimated t>e cost at $9.00 per foot. Direchr %gem pointed out that at this rate it could still be done at the same price as building of the 3%. Kelly Reservofr is not the problem of the CMWD, Mr. Cmnon suggested we should vote a $22,000,000 bond issue and build a line to the South too. Director wld pointed out th2t the Nutual is aware of tihe terminus of the C"D line and that they have ample time to bild their own line into Carlsbad, Director Re1 agreed that if the &tual wants a line downtown they should go ahead and pay for it. the cost since the route is not direct and resurfacing streets would be resemir, b, Wen interjected that me tm.ildiplg of a line from Ik, Kelly to #2 Policy Attorney Dennis suggested t5at the proposition of the ClWD skiould be stated clearly on the ballot or the "Blank check" accusation will come up again, Director Ewald reminded again that we are dealing with a matter of polcy and if we fimce this line we are apt to be faced with other similar requests. benefit of Carlsbad and the people of the street will scream and he'll be one of them, Pipeline Director Rogers moved that the terininus of the line should be somewhere location. Director Kelly stated he thinks we should follow the Nard$% rsport, and that the Mutual will have no trmble borrowillg money to connect with the line to 1%. Mr. Cannon announced that he does not go for the idea of building a line for the east of Highland Avenue as based upon engineering study as to the best GLlY. Director Ewald insisted that some responsibility should be left to the locd agenc: that our job is wholesaling water and getting the main line in. We should not clutter 'I the bond issue with side issues. Engineer Shod agreed tkt this is a problem of polic: and not one of engineering. EIe said he doubted that a fourteen inch line would be ade- quate ad that the more likely line necessary wuld be an eighteen inch one. Director 'Izogers said thrs would not be so especially wfth North Carlsbad taken Out' The attorney pointed out that the money voted may be spent onby as set forh on t'ne Directos Rogers announced that the Autlcority is going to consider the question of bdbt. building the first 8,700 feet and we would have those funds available for somethhg likl increasing the size of the line if approved, Mr. Owen said that according to Section 17 of th Act, the Board could nc Di stribtion build a distribution line; %rector Rogers said we already have a distri' Line tion line within the District. He stated f'urther that he wauld consider it unwise to antagonize the Mutual, The m-tion was lost, Director Kelly moved that the attorney be instructed to phrase the Resolutiozl to the effect that the terminus of the line should be in the vichity of lowing roll call vote: Resolution Mt. Kelly. The motion was seconded by 3irector Ewald and drew the foL AYE: EWALD, JSELLY, ZAHLEIt NOt ROGERS PASS: my Plotion carried, Improvement Director Qald moved that the Engineer and Attorney be instructed to District proceed with the preparation of maps and Resolution to form, an Improve- Director Z&ler. I ment District of all of Farce1 #I of the CMWD. Motion was seconded by Director Rogers said the proper proceedure would be to go ahead with the bond elec- tion as ordered at the meeting of March I&; that he would go along with Bond this motion but unless North Carlsbad is included he will oppose since Election he believes it is a violation of the intent of the Act, He asked the attorney how long it would be before we could go ahead with the election, The attorney prodded the following schedule: Adjourned meeting to pass Besolution: April 16, 1956, Publication: April 19 and 26. Hearing: May ll Election: Between June 1g md June 22. Director Rogers then asked the Engineer how long it would take to build pipeline the line, Mr. Short replied that, exclusive of the steel tmk reservoir, Construction it would. take about nine or ten months, Motion carried. bsolutfon The attorney was instructed by P,esident Frg to drop the preparation of the hsolution authorized at the Mamh L$th meeting, *a tMZellan stated, in refereme to the letter accepting the Citizens' Committee offer to conduct the electioncanqxd.gn, that considerable organ i.r;ational work will be necessary and expenses will have to be raised. He Committee asked that the Board give some assurance that it really intends to go ahe, with this election and expressed concern that one member of the Board might oppose Poc~diWs unless North Carlsbad is included. Director Rogers said that, of course, the schedule could not be definite, especially if someone files an idmc+,ion I :::::, bwever, the Board expressed the btmt to proceed as indicated if at all possible, ~olicy b. Cannon asked, if Northe Carlsbad is permitted to stay in or out, whe- ther my other District could expect a similar request to be treated OD the Same basis. The consensus was that the Board would do its best to please everyone, North Director Kelly pointed out that the sewer system in North Cglsbad Carl sbad is a complicating factor and the reason North Carlsbad is obliged to annex to Oceanside. Improvement Attorney Deds stated that Colora6o River water camot be delivered District outside the Improvement District, and if any agency delivers water Control outside, we would be entitled to disconnect the line. We can require Valves the Mutual to install check valves to aswe that no water will pass & out of the Improvement District. Surplus water could be sold at a Surplus premium, but there is little danger of water surplus. Hearings Director Rogers suggested that a letter be sent to residents of Rorth annex or be left without water. Mr. HcClellan stated that if notices were seht .tO some voters, they would have to be sent to all. Director Ewald stated that this would just be asking for trouble. News Release Director llogers moved that the Attorney should prepare a news release which vould inform North Carlsbad of the legal implications so far as they are concerned. The release is to be a3proved by %rectors Ewald and Rogers. The motion was seconded by Director Kelly and passed unanimusly, Budget Budget changes were tabled until the next meeting in order that elec- I Carlsbad advising of the coming bearings and that they should either tion costs may be considered at the same time. EmpXCbyees Mrs. Lorraine Urban's application for the position of Executive Secre- tary was considered and ordered acknowledged, pipeline Director Rogers announced that bj;B would bring up the question of the Elntitlement that a mber of agencies are getting water beyond their entitlement from the city of San Diego which has not the authority to sell water outside. Rancho Santa Fe and San Diegito have contracts with Sari Diego and certain agencies in Northern San Diego County are receiving water for ar'override, and there is question as to the legality of this situation, It was agreed to let well enough alone for the present. 8,700 foot pipeline with the Authority on April 12th, fie stated also I Bills Checks 81395 through U.3 were approved for payment. Director Zahler brought up the fact that noone is checking the meters and was Concern( at approva of the bill from the ktd. It was decided that the Mutualts figures co1 be trusted and unless some question arises there will be no need for investigation, The Secretary was instructed to coEtact Hr, Shepardson ab0v.t the coming meeting of the Irrigation Districts Association. The meeting was adjourned at XI :25 P.M. until 7:s P.M., April 16, 1956, i .~ i , _" , ../. , ;;I ,->/ \ , .! / k i -/: r ., President of the Boar6 of Directors Carl sbad Pfdcipal Water 'District ~7 ".. I ,. ,., P, r., y I G i b\ . Q ) ,-~~~ \, Secretary of the Board of Directors Carlsbad Municipal Vater District I