HomeMy WebLinkAbout1957-06-05; Municipal Water District; MinutesI
Director Rogers noted tkat the next step is to prepare the legal description wh.ick? woull
ha.ve to go to .the bcundary cormission for ayxoval and be published prior to .the fom-al
hearing. If there shouLd be Frotests at the hezring, republication would- be necessary
he esti1:lated the cost wauld run betxeen $200 ad $360.
Girector Bwald asked Carroll Kelly if hir. Lerl would be agreeable to codng in.. Kelly T
plied 'chat Len had attended two neetings at the beginning but th-at his resent feeling
unk~~own~ i-ie added that Flr. Carillo had never attended ayly meting. It was reported th
kr. Carillo had called Irwin Kelly mci said he wanted to be included. %owever,
there was some question as to how much of his land he wished to have induded.
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Ewald. pointed out that the hearing will be costly and that his desire is to avoid as
many changes in boundaries as possible,
Director Kelly said it is difficult to make a decision since it is not !mown xhat the
City will. do and whether it will take over Terrmar. He stated that his own land can-
not be served by the present Terrmar line.
Director Ytogers moved that the Board prclceed to arrange for a formal hearing and that
the engineer and attorney be instructed to proceed along the lines of study Eo, 4 with
modifications, The motion was seconded by Director Kelly and led to a lengthy dis-
cussion:
Director Ewald suggested that the decision be postponed until the next meeting of the
Board (the 19th) since there has been no expression from a number of parties involved
and it is not qEite clear how tbis is going to be fiaanced. Rogers stated that the *
people are entitled to action at this time, Mr. Ayers expressed the fear that if only
a part of the line is arranged for at this time it might be difficult later to get ena
to go for conpletion since those already benefited would lose interest in its support,
He sa,id he felt that the total bond issue should be voted now but with the understand-
ing that only a part of the bonds would be sold imedia.tely. Fie said Howard. Taylor is
checking with bond buyers to see vhat could be done and that it may even be necessary
to cut down on the $620,000 issue, Ee sta.ted that more infomation right be available
in another week or so.
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Director Ewald stated the opinion that we are not at the point where we should estab-
lish a hearing date. Director Kelly expressed the view that action should be put off
tlntil after July 9th when the Authority bond election is scheduled,
Irwin Kel1-y asked when water would be available if the Lavinia Kelly estate were in-
cluded, director Rogers sed. that as som as the heirs could build the line according
to the master plan there would be vater.
At this Foint it FLZS agreed that the rep-esentatives of the proposed bqxovement Dis-
trict should adjourn €or a ca.ucuse Sirectors Rogers and Kelly agreed to hold their
motion in abeyance.
City of It was rrioved by iiirector Etr.ald, seconded by Director Zahler, that a. letter
Garlshad fron the City of Carlsbad l,under dzte of JEW 6, 1957 be read at this time.
The let'ser requested consideration of the possibility of the City leasins
the new &e line from Foint 1'37t OP into the Cityc Director iiogers pointed out that
there are a nwbzr of legal problem involved 2nd suggested referring the matter to
capacity in the line but eqressed doubt that it ;:rould be legal to lease the line as
SLlCh '
City Fiamger Nelson exshined that the Corr~cii believes the City wo~~ld. be in a positie
to act as agent for the District and the Bistrict co~ld thereby avoid the deve1opmen.t
of a staff for maintecance of the lin'e and involvement with other companies. He said
that if it were deemed xore feasible the City would be wtlling to lease the entire lir
IIe :Toted that the City already has people on the public payroll who could handle the
work and there should be a consequent saving to the community. The ultinate object of
the Council, he said, is to hne one agency operatiGg for the entire area. There is as yet no firm idea as to what the lease should contain but the council i?oLlld like to
know whether the CNm would 3e interested in pursuing the matter.
Attorney Swirsky stated that the District has the power to lease its property but ex-
pressed reluctance to make any judgment in this matter until it can be properly studie
He urged that adequate time be taken for the study before any decision is reached.
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the Attorneys, ke agreed that it is entirely possible that we nay be able to lease
I 3irector Kelly expressed the view that if the City takes over the Xutual or Terramar
or both, it would be a good idea to agree to the City's request, but as things are at
present, Kelly said, we are just as able to serve water as the City,
Director Ewald reminded that the Qlh% was formed through a committee of the City and
that the City had been fomed for the primary purpose of getting water. The people
who voted this in are citizens of the City. They also are the ones who passed the bor
issue enabling this pipe line to be built. This request now comes from those same
people. The proxies of the Mutual are a further indication that the people want the
City in the water business and if we can get the City into the water business at this
time, this is what we should do. Otherrv5se we are leaving the door wide open for othc
agencies to be fomed. The Council, he said, represents the same people this Board dc
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Director Rogers pointed out that there are still not a majority of proxies in and stat
the belief that this move is an attempt to force the sale of Terrmar and pressure the
Kutual.
Director &bald said he could see no difference between the Nutual, the City and the QM
they are all the same people.
Chairman Fry suggested the possibility of leasing capacity to the Hutual. He then re-
ferred the matter to the Attomeys, water problems cormittee, and engineer and asked
that a report be made at the next meeting. Me also requested that t:his comiittee meet
with the City for a discussion before June 19th.
Comcihan Biard noted, in regard to the proxies, that we have a problerh in that the
holders of the share are no+ +he sme people who voke. He cited the case of one Man w
holds 60 shares but has no vote at all and rerinded that it is the citizens of Carlsba
who hold the purse strings and if this Board does not. recognize this fact it will be h
to get money from them in the future.
Kinutes On motion of Director Rogers, seconded by Director EwaPd, the Ninutes of th
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Weetings of Kay 15, 1957 and Kay 29, 1957 were approved.
m.q.-&pu' . -.~
1. Public Utilities Comission, 5-21-57 -- List of certificated water companies in Ca1
ornia (Terramar not included) e On motion of Director iiogers, seconded by Director
Ewald, the Secretary was authorized to send a letter to the Public Utilities Com-
L 1" i2JDL\CE:
mission inquiring as to whether Terramar is certificated.
2. County of San Diego, 5-22-57 -- Inspection charges totaling $27.64. Payment was
authorized on motion of Birector Rogers, seconded by Director Ewald.
3. john N. Cranston, 5-22-57 -- Bill for legal services in connection with San Warcos
Contract ($231.00) . Fayment was authorized on notion of girector Rogers, seconded I by Director Edald, and tire Secretary was instructed to write a. letter of agpreciati
to Er. Cranston.
4. Son't daste Water Committee, 5-23-57 -- Kinutes of meeting of 4-24-5'7 and copy of
~ Articles of Incorporation.
5. Irrigation Districts Association, 5-21-57 -- Copies of three bills (Senate 1450 t. 1
and Assembly 3243) with request for coments thereon. These were referred to the
Attorney.
6. Phtual Water Company @ City of Oceznside, 5-23-57 E+ 5-29-57 -- Ke-newal of contrac
and plans for North Carlsbad. These matters are to be considered at the next meet
ing of the Oceanside City Council, June 12, 1957.
7, Boyle bgineering:: a. 5-27-57 -- Forwarding docwLents from Land Title re Glemson site and enclosing
b. Progress pay estimate $3 (deservoir) through 5-31-57. $40,755.99.
C. Progress pay estimate $2 (Unit rr1311) through 5-31-57. $251,273.88.
de Progress pay estizate $1 (Unit "A-2") through 5-31-5'7. $93,508.19
e. Invoice of Boyle Zngineering, job #5109 as Fer agreement 10-11-56. $11,566.15,
The progress paper-ts for the Keservoir, Units 'fA-211 and 1f31r were authorized for pay-
ment by motion of Director Zahler, seccnded by Director Belly. On motion of Director
I;ogers, seconded by Director Ewald, papent of the Boyle jzngineering bill was author-
ized subject to the approval of the auditing committee.
Progress Zngineer Clayton reported that on Unit rrA-2'1 80% of the pipe is 03 the grol
Report with 55% installed ad back filled. On tinit W', 937; is on the ground axi
67$ installed ana back filled. The Reservoir is right on schedule, he sa&
refurad of $4.10.
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E 4 Sm Uiego County ii'ater Auth.ority:
a. 5-29-57 -- ,3r,closing svggested redraft of Act on preferential rFght and inviti!
be 5-31-57 -- hnouncexent of tour of apduct, 6-6-5?. 811 Directors were notif.
suggestions D This was referred to the Attorney,
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Jirector I<ogers armounced that there had beel: an air injection experinent at Zscc
last .,+reek ana “chat tkley c~id increase the flo3.s of water by aFyroxizace1y 70%~ ~e
said he would go on the aqueduct tour torr.orrow.
9. Fred 13. Kraft, 5-31-51 -- Acknowledging telegram of Secretary Ewald reqEesting oppos:
of AB 2912 as per infomd instructions of Board.
10, Ellen K. Mall, Box 283, Carlsbad, requesting pipe line connection. Hrs. Hall was ad-
vised that an ordinance on this subject will be passed this date. The Secretary wa:
instructed to send a copy of the Ordinance to birs. Hall as soon as it is zvailable. I 11. Glens Falls Insurance Conpmy, 5-28-57 -- Enquiry re j. Futrrm- Henck, This was turnc
over to the 6ngit.leer for completion.
Improvement The committee, having held a conference, was again heard. Carroll Kell;
Uistrict No, 2 reported that the wish is to proceed on the basis of the boundaries as
established in study Eoa 4, to be submitted to the voters as a proposal
for a bond issue to cover the entire project ($90i),c100 plus j with the provision that onl:
$620,G00 of the bonds be sold at first. If unable to sell $3620,000 in bonds, the agree-
ment would be to sell $330,000 worth md build only the trunk line until the assessed va
tion rises sufficiently to justify full carrying out of the 2roject.
an motion of Uirector kogers , seconded by 3irector Kelly, the Xngineer was instructed to
prepare the necessary xaps and documents in time for the next meeting. Attorney Swirsky
stated that the hearing will have to be set by Zesolution and he was instructed to have
the resohtion ready at the next aeeting. It was noted that the hearing could not be he
until thirty days after passage of the resolution. If there are changes rmecessary at th
time, a second hearing would have to be called not less than ten days later.
City Eanager iceison brought up the problem of financing the Improvement District and not
that there are some voters dong the freeway who do not hzve much acreage but whose asse
valuation is high and they, consequently, iqould have to pay a large share of the bill.
Construction The Zngineer amplified his earlier report stating that Unit rrBrr, which
Report got off to a slow start is now proceeding well enough and although the
schedule is crowded it car, be expected that this part of the line will
be conipleted by Juiy 5th. There nay or may not be some final clean-up work to be done a
that the, but the line could be operated by this date. He said Unit ‘rA-2rr should be re
at that same time.
Barbecue Director Rogers suggested that a barbecue be held to celebrate completi
of the line and to help publicize the bond election of July 9th. A con
mittee headed by Uirector Kelly and including Directors Xwald and Rogers was appointed t
work on tl-iis and to notify the citizens’ committee of the plan.
Automatic Director EWald rec]uested to know whether it would be advisable to @act
Equipment the automatic equipment ~II the City IJlall (Police ilepartzent) proper sir
Engineer advised that to some extent the equipment is portable; he suggested retaining
the plan to place it in the CN’k3 office.
Ordinance Ordinance No. S, a revision of ad repealing OrdiRance No. 8 (setting
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the present office of Q.l:;i3 is in the temporary City Hall annex. The
No. 9 water rates and. wholesale-retail policy) was presented ana reviewed. d
aotion of director Zahler, seconded by airector Kelly, it was adopted c
the following roll call vote:
&A&y= : Directors; Ewald, Fry, Kelly, Rogers, Zahler
%dB : Directors : None
LksaqT : ilirectors : None
I The mecutive Yecretary was instmcted to obtain prices on the printing of this Ordinan!
in order that it might be made available for d-istribution to hterested yarties.
3esolution A liesolution to adopt the Plaster Plan as approved by notion at the las.
NQ. 59 meeting of the Board was read an6 adopted on motion of girector Ewtxld,
seconded by Director Zahler, on the following roll call vote:
L*ygj : Oirectors : &ald , Zry, Xelly, Rogers, Zakler i<c.;+s : Sirectors : None
$As&jQjy : Cirectors : Kone
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s all ?,;aI'CGS The Bttorn.ey called sttm'cion to s.; ight revisirns F-r: s,& Saz. )j.arcos Con
$Qfitr&ct t" ,,cc$. Cn :xtiox~ of Xrector Zogers, seconded by girector B,cald, the
President and Secretary were authorized tc negotiate the contract, as
anead e d .
Zahler The legal status of Uirector Zahler was reviewed by the Attorney. Dire
Kes ignati on Zahler has lnoved frolll the division from which he was elected. The law
this point, it was learned, is not qci.te clear. However, in order to a
rossible corqlications, Director Za5ler aeemcd it appropriate to subr5t his resignation
wkich was read by the President. The resignation wzs regyetfully acceped. I Board The AtZoorney zdvised thEt the va.cecy crea+,ed by 3irector ZahJer's resi
Vacancy tion m~dd hav? to be fi!,led- throv-gh an qsointment bz~ the Board. Chai Fry aslred the rerainiag directors to haye recomend,ations at the next
ae e tin g
Texporary jince Director Zakd-er had been treasm-er, the President appointed Secre
1 reasurer Ewald to act also as Temporary Treasurer. The a.ppoictnent was aplroved
on motion of JFrcctor Cogers, seconded by Director Belly. The Secretar
was Instructed to notify the ba!< of Director Zahler's resignation.
Finance 'The finance comiittee re2orted having et t3.b afternoon and recom3ende
Somrittee that the sua of $15.22 be transferred fro= Contingencies to Insurance t
cover a current bill. The recorrmend;itisn was adopted on motion of 3ire
tor Kelly, seconded by Director Eogers.
It was reported also th8.t the budget recomenchtims for 1957-58 are not yet ready md t
another meeting of the coxmittee is schechizled for the aftemson of June 19th.
Kay i3ill.s .@ills for hy, 1957 (checks #f813-1848) were approved on motion of Dire
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Kogers, seconded by %.rector iivmfd.
Temporary Irwin Kelt137 asked. about hov temporary connections to the line night be
Connections Director Rogers stated tha opinion that the Eioard should mke no promis
could be a better idea. of how rnuch water will be available.
Valves The problem of valves ~2s ordered placed on the next agenda.
Blection The Secretary was instructed to mite to the Registrar of Voters for e!
Pi aps tion maps of the Uistrict.
On motion of Director Rogers, seconded by Director Ewald, the meeting was declared ad-
journed to June 19, 1957 at 7:30 P.X.
I re temporary connections until after the July 9th election when there
ATTEST:
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'') , i i { (*'/&y .. ; , ."a
,j, ' :' ,.;;; L, I ,
Q/ ,U'L.. Lq y,,./bq 1
President of tlf6 Board of ?i&ctors
CaRLsBAD MUNICIPAL WATER DSTRICT
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."-, -0, u
Secretary of the Board of Directors
CARISBAD MUNICIPAL WATER DISTRICT