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HomeMy WebLinkAbout1956-05-02; Municipal Water District; Minutes~MP~ES OF THE REGULAR MEETING OF THE BOARD OF DIFECTORS OF THE @mSBAD NNICTpAL VATER DISTRICT HELD OM MAY 2, 1956, AT 2q60 €30 PIGO BmVm, CARISBAD, CALIFORSlrIA AT 7:3 P.M. Chd- Fq called the meeting to order at 7:@ P.M. and directed the Executive *C- retary to call the roll: Present: DIRECTORS: EWALD, FRY, ZAWR, KEUY Absent: DIRECTOR: ROGERS Also present were attorney Wm. Bo Dennis; a representative of the kyle Engineering Company; and Mr. Smith of the San Diego Gas 8~ Dectric Company. Minutes Miwtes of the April 4, 1956 meeting were unanim>usly approved upon u 4-456 motion of Director Ewald, seconded by Director zahler, Minutes Minutes of the April 16, 1956 meeting were unanimously approved upon 4-16.- 56 motion of Director Zahler, seconded by Director Kelly. Minutes ItinUtes of the +ril 23, 1956 meeting were corrected and ~nanimously 623-56 approved upon motion of Director Ewald, seconded by Director Zahler, - CORRESPONDEME: 1. San Diego County Water Authority L__ a, 4-16-56, re delivery of stored water purchased by certain Authorrty agencies Sale of by Mr. Jennings citing subparagraph (11) of Section 5 of the Water water to Authority Act wh.ich indicates that no public agency which is a member other of the Authority has any preferential right to purchase water for sale agencies to any other agencflfor use outside its own boundaries, Mr. Jews Diego and the other agencies as falling within the purpjlew of this section of the Act and does not find anytkbg illegal OF contrary to the Act in the transaction as pre- sented to the Autizofity by th&,agencies who have arranged to purchase water heretofore acquired by the City of Sari Diego, Included also is a letter signed by Mr. Hohgren under date of 4-12-56 recomnsend.ing authorization to deliver stored water as per tern outlined by the letter. been discussed with e. Jemings and he had the impression $hat Mr* ~ermings had not meant to render a legal opinion. Dennis said that he felt sure Mr. Jennings does not think the interpetation placed upon his letter is copaect, Director Kelly asked if t3ere had been any water delivered in San Diego County outside the Mutual District. Mr. Dennis replied that none had been delivered to any agency which is a member of the Saa Diego County Water Authority, but whether these members in turn had delivered water to others is a matter of debate, and the records probably demons-kate there has been water delivered to Coronado,& al. Dermis said he is satisfied, however, that there will be no issue nade until after the June 5 electio that the Authority at present cannot deliver in excess of ,!QO,OOO acre feet per year; and that annexation fees owed at present are in excess of $9,000. from the City of San Diego, Attached was a letter of &X.-!% signed does not interpret the proposed arrangement between the City of San I Attorney Dennis said that at a specid meeting of tine Authority this matter had b. 4-1&56, Stating that the Cozltract between the City of Sari Diego and the Water Authority is on file as hcu?nent #‘738, and is available for reference S. D, Contract \, in the Authority offices, I cc 4-25-56, announcing a joint meeting of the kter problems committee and engineer5 and operations coxtunittee on April 30, 1956, when the letter of the CMWD the aqueduct and the proposed second aqueduct will be considered. kueduct reqcesting considerat5on of construction of a cross connection between Chairman Fry said he had talked with Director Rogers who had stated that we have not yet been completely turned down in this matter as yet. Attorney Dennis differed with Chairman Fry and said that tfie cross connection had been completely r ejected; that the mney is not available; and that it could be regarded only as a lateral and there is no reason why there should be a change in policy towam3 laterals. It was also felt that this is the wrong place for a lateral. Dennis stated that there is not a chance w: in the next two or three years of its being built unless for some reason there is a complete reversal.. 2. Irrigation Districts Association 4-16-56, re Fresno Convention events planned, 3. Carlsbad Mutual Water ‘;ompany a. 4-19-56, guaranteeing 1,000,000 gallon fbed stosage capacity in #2 reservoir, b, ,!+-25-56, indicating that water stored in Cdavera Lake on ApdI 23 was ,@o acre feet. d ncon Del Diablo MWD 40a.Ri&l%56, announcing meeting of the Associated Chamber of Commerce 'dater Committe for April 23, 1956. b. 4-25-54, reporting on above meeting and stating there will be another meting 01: May 3rd at the Lincoln School, Escondido, 8:OO P.M. Director Ewald reported that all agencies taking water from the Authority have been represented at these meetings and said he feels it is important to have someone preser at tomorrow's meeting. Attorney Dennis reported that two of the Directors of Northerr San Diego County feel it is a mistake to have tbis type of meting; that we aye trjiq to force the Authority to do something, Actually, he said, this is not the case; thal the participants are merely attempting to keep up with what the Authority is doing, and this should be the right of every one in Northern Sa Diego County. He urged thal the CMWD be represented at this meeting and said he would attend, Ewald explained that as president of the Northern San'Diego Associated Chambers of Comrce, he had been pushing these meetings and that he feels the Chamber is the idea medim for getting publicity on this important issue. He said he felt there is nothin wrong with these meetings. Directors Zahler and Kelly agreed to attend the meeting. 5, County Auditor I 5-2-56, reporting the current secured taxes to be received by CIWD as $2,636.29. * The Executive Secretary reported a bank balance 09 $2,850.87, with tax money Ilmmedi- ately anticipated in the amount of $2,636.29. Budget The subject of the budget was introduced and the attorney advised that, in view of the fact that revenues of this fiscal year have already ex- ceeded those anticipated in the budget, the Board would be within its rights to place this money in the general fund for use to pay bills in excess of amounts budgeted, Bills Director Elwald moved that payment of the bills of the engineer, attorne anticipated. The motion, seconded by Dpector Zahler, carried unanimously. Aqueduct The attorney reported that the &solution re the aqueduct has not yet and others be authorized-from monies beiag received in excess of those I been drawn because he wishes to wait until after the meeting of ~OIWITG Nor€& The attorney agreed to Iiave the news release ready for a meeting with Carlsbad Directors Rogers, &ald and Kelly at 1DX)OO A.M. Monday, May 7th. Improvement In answer to the questions of the letter addressed to fiim as a result District of the special meeting of April 23, 1956, the attorney made the follow- 1, If we form an Improvement District, and there is a surplus capacity in the line, so long as there is such a sumlus, CWD cm deliver water through the line built by a bond issue for a charge to be established by the CHdD which would hwe to be fair, 2, The CMWD can adopt Wed and regulations providing tnat if any water 2s &old to North Carlsbad, or any ot3er entity which is delivered through the system authorized by a bond issue, service can be discontinued -- that violation of the rules would just fy such disconn8ction. This would require policing. He said that by-ks of this typ have been enforced elsewhere and that enforcement is tzsuauy done by injunction tlor I think you'd be entitled to disconnect" but most Districts would not take a chance without a court decision to back them, Director Fry asked if the YWmd. could legally sell water to North Carlsbad is they are excluded. The attorney said that if there is a surplus we can sell to North Carls hd, but it slnould be at an extra charge or there would be bouble with the people of Improvement District #lo ?'We can stop the Mutual from selling water to North Carlsbac He said he believes that the Mutual is now selling water to some outside the CMWD and nwne has put up any fuss, 3, Dennis stated that beeauss of the time of the year, it is a practical matter rathe: could be held, 4.. Again, it would be mid-Jme or the 1st of July, but this Board would be playing with dynamite to exclde North Carlsbad at this the, 5. The attorney stated there would be no hardship to North Carlsbad, He said, howeve that if Oceanside should refuse to serve them, or they fail to be annexed, there might be hardship, depending upon whether they could enter into an agreement with Oceanside, etc. &It this is something the people of North Carlsbetd have already decided, If the people who are in favor of annexation do not represent a majority, then we'll have an island for which provision will have ia be made. North Carlsbad could then go to the & ing statements: I than a legal one, and it would be mid-Jme or the 1st of July before such an election aqueduct themselves or make some arrangement to go to the 0-F lateral, or make a con- tract with Oceanside; and there might be a hardship then in view of the costs. Director Xwald asked: Supposing North Carlsbad does not join Oceanside, and an b p3ovement District is fomed: Then won't Warth Carlsbetd have two choices? 1. To make arrangements for surplus water. 2. To have this Board act as an agency to see that they get vater? Attorney Dennis agreed. North f%airman Fry asked if Improvement District #2 could be formed of North Carlsbad Carlsbad and have them pay their share at the time for the bond issue. should be clarified at the next session of the legislature. North Carlsbad could pe tition this Bamd to fom an.3nprovement District, a& the overage could be used to help retire the obligation. Resolution Director Kelly reported as follows regarding the posting of Resolution No. a0 Eo. 20: The Resolution was posted on April 19, 1956, as per instm- tions of the attorney, by Director Allan Kelly and A, Stephens Lode, The notices were placed as follows: I Attorney Dennis said he could not answer that ad that this matter 1, Northe Carlsbad Clubhouse, Witness: Bill &Gee, 3. Reservoir, Marth Carlsbad. No witness, but Director Kelly took a picture at the 4.. Terramar. Mitness: Wm. Cannon, 5. Security Bank, Carlsbad. Witness: A1 Carnee 6. Mutual Water Company (on post in front of). Witness: Robe& &din. 7. Tree on Grand Avenue just west of and on same side of street as Post Wfice, Witness: Mrs. Oldham. Mote: Post Office regulations precluded posting the notice within the building as originally ordered. 8. Carasbad library door. 9, City Hall: Wftness: Herbert Nelson. 2. Avocado %ad & FLre buntain Drive. Witness: &. Schull, site as he did in the previous two instances, N, Carlsbad Director Zahler reported that Mr. Brussod had told him the circulation of petitions for annexation to Oceandde had started this date and that there should be good indication by the 16th as to whether it will be "yes" or "no". Director Ewald reported thatjhe had called &. Lilley and asked to be kept notified and that Mr. Lilley had said they are proceeding wit'n caution so as to avoid mistakes. Rearing Attorney Dennis advised the hiring of a conrt reporter for the hearing and stated the engineer should be instructed as to what testimony shoul be made. He advised also that this Board should have no predetermined ideas and &oul merely try to get the facts from both sides. He also stated that the chairman should be very daref'ul to keep order so only one person will be talking at once, IEe suggeste that the one member of the Board should be responsible for bringing out the facts. I court Director Ewald moved that a Court reporter be hired for the hearing of &porte& the 16th. The motion, seconded by Mrector Zahler, carried unanimously Engineering Director bald then moved that the engineer be instructed to check the the Mutual lines so water can be delivered from North to Sout5 only; and firther that the engineer should be prepared to answer any questions that may arhe in connection wfth the formation of Improvement &strict #I, The motion, seconded by Director Kelly carried uneusly, sari kcos Attorney Dennis reported that the option re San Marcos Reservoir site i Option ridrtculous and imp0 ssible of - f'ulf'illment . Water Director EXIald suggested that, in line with the Harding report, we star Storage looking for another storage slte, since the Authority is not moving ver more storage. Attorney Dennis reported that the Division of Water Resources has investigated such sites and asked permission to request information re such sites in the name of the Cl" as well as another District which he represents. It was agreed tht he should do this provided he make the information available to this brd as soon as possible. Director Ewald pointed out that this Board would be very remiss if the storage problem is not pursued. He noted that the Harding report indicates that Engineer Short had made a preliminary estimate on the Mt. H-n site. Mutual system as to feasibility of placing check valves if necessary in I fast in this regard. He said this District is on shaky ground without Storage Director Kelly reported that' there is a site about 1 1/2 miles northwest Sites of a. Einton, possibly having a maximum capacity of 2,000 to 2,PO acre feet only but having the advantage of elevation and being close to Grls bad. He said one trouble with the site is that a power line runs through the middle of the basin. But he brought out that there would be difficulty in obtaining the Mt. Hint site and that we should probably have to resort to condemnation proceedings. The en- gineer was asked to investigate this site. Director Ewald stated that in spite of certain disadvantages at Mt. Hinton, it does hav more capacity and even if we have to have a pumping deal, that will be better than not having water in case of emergeney. I Bond Attorney Dennis stated that various financial firms have told him that Issue the interest rate on our bonds will not be effec@ed by the exclusion of what they wotikd have been last year. North Carlsbad. 'he rates, he said, will be up l/4 to 1/2 of 1% per Bills Checks &X7 through l4.29 were unanimously approved on the motion of D5-rector Ewald, seconded by Director blly. After an informal discussion re the coming hearing, it was agreed that the hearing H: ., 'earing ue for as many days as necessary without interntion. The meeting was declared adjourned until 7:OO P.M., by 16, 1956, at 9:10 P.M. of the 16th, should it not be concluded upon that date, should contin= -7 ri , ,/ .- ,, '/ ./ _I 1: i ' : ,/ j i. " "K %' President of '$he Bda 0%. Directors Carlsbad &&cipal water District '-1 0 I 2- ..q 3 G > *A4 )" dL Secretary of +he bard of &rectors Carlsbad Municipal Water District I.