HomeMy WebLinkAbout1982-04-20; City Council; 6986; Water Service for the City of CarlsbadCIT . 3F CARLSBAD - AGENDk dILL
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MTG. 4-20-82
DEPT. C*M-
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DEPT. C*M-
TITLE: WATER SERVICE FOR THE CITY OF
CARLSBAD.
DEPT. HD.
CITY ATTY va
CITY MGR.&
DEPT. HD. TITLE:
CITY ATTY va WATER SERVICE FOR THE CITY OF
CARLSBAD.
CITY MGR.&
RECOMMENDED ACTION:
Consider proposal by Mr. Robert Ladwig regarding arbitration
of service areas between City of Carlsbad and Costa Real
Municipal Water District.
ITEM EXPLANATION:
Mr. Ladwig requested an opportunity to address the City Council
in regard to the proposal for arbitration of service area
boundaries made in his letter of March 29, 1982.
EXHIBITS:
Letter from Mr. Robert Ladwig dated March 29, 1982.
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ENGINEERING COMPANY I %Nc'G~fK'E~NR7S
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX1129 PHONE AREACODE714 729-4987
March 29, 1982
Carlsbad City Council '-
Mayor Ronald C. Packard
1200 Elm Avnue
Carlsbad, California 92008
Costa Real Municipal Water District Donald A, MacLeod, President
5950 El Camino Real
Carl sbad, California 9 2 008
RECI WATER SERVICE FOR THE CITY OF CARLSBAD
Gent1 emen :
RECEIVED
CITY OF CAXLSL.r\,D
Developmental Services
I
We currently are working with the property owners, in
the City of Carlsbad, with regard to a number of proposed
annexations to the City. In discussing these proposed
annexations with representatives of the Water District
Staff, it has come to our attention that the District
will be taking a position of opposition to any annexations to the City.
One project, currently in the public review period for the Environmental Impact Report, is property just west of
the airport, We anticipate it to be before the City Coun-
cil on June 15, 1982, This is a proposed industrial project,
currently within the. unincorporated area of the County of
San Diego. After review by the City Council, we will be
submitting the application to the Local Agency Formation
Commission (LAFCO) for request for annexation to the City
of Carlsbad, at which time the LAX0 staff will make their
recommendation, We anticipate being before that Commission
on August 2, 1982,
A
The City of Carlsbad has recently hired special council
to assist them in resolving the retail water service question'
with the Costa Real Water District. In addition, the Costa
Real District has taken the position that they will retain
the water service responsibilities for any areas that are
to be annexed to the City.
The City of Carlsbad, along with the special service districts
Carlsbad City Council
Costa Real Municipal Water District
March 29, 1982
Page two
that provide services within the City area, have enjoyed
reputations of contributing to the desirable environment
that the citizens of this area enjoy, I would hate to
see the two entities "squaring off" and spending a lot of
time and effort proving one point or another. . It reminds me
of the situation where there are probably a lot of ships
on the bottom of the ocean that had the right-of-way. I'm
concerned that the citizens of this community would come
out on the short end of any argument whidh, conceivably,
could take a long time to settle.
I have a suggestion I would ask the Carlsbad City Council
and the Costa Real Water District, Board of Directors, to
please consider, My suggestion would be as follows: I
would suggest that the two entities agree to submitting to
binding arbitration,
are knowledgable in this area and have had positive response
from a number of individuals, It was suggested to me that
there are a number of retired judges living in North County
who would probably be willing to serve on a panel (or one
judge acting independently) to review all the facts provided '
by the City and the District and then come to a conclusion
as to the ultimate disposition of the current stand by the
two bodies, One point made to me by a retired judge was
that this is an excellent idea, would be, possibly, the
only item at question before this judge (or group of judges)
and would definitely take less time and cost less money for
the entities involved to reach a binding decision. I hope
this issue does not go to the courts and become a long drawn
out argument with the citizens of this fine community being
the loosers.
I have discussed this with people who
I know that both the City Council and the Water District
are truly interested in providing the finest service and
I sincerely ask that you both consider my suggestion for
binding arbitration, It has been suggested to me that
possibly this not be done until the project, I referred to, is presented to LAF'CO for their consideration and the LAFCO
staff has presented their position on water service,
it is done now or around June or July, when this project
is scheduled to go to LAFCO, I have no opinion on,
Whether
Again, I ask your consideration of my .request and feel that this would be a way to resolve this issue and continue with
3 .... 2
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c 4 ..
Carlsbad City Council
Costa Real Municipal Water District
Page three
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providing service to the residents of this community at
the most reasonable cost to all.
If either the Council or the District Board would like
to discuss this individu'ally with.me or would want me to
make a presentation before them, I would be happy to do
so at your convenience.
Sincerely,
Robert C. Ladwig
RCL :ps
Attachment -
cc: Costa Real Municipal Water District, Board of Directors
Mr. Frank Aleshire, City Manager
Mr. Vince Biondo, City Attorney
Mr. Bill Meadows, General Manager, CRMWD
Mr. Paul Swirsky, Attorney
4/6/82 from ACM/DS
Uti1 ities Director City Engineer Mike Holzrniller, Planning
cc:
:'17EA L
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March 18, 1982
"
William D, Davis, Executive Officer
Local Agency Formation Commission 1600 Pacific Highway San Diego, California 92107
RICK ENG.
Date Recelved
MhR 2 6 1982
Dear Mr. Davis:
Thank you for meeting with Jack Kubota, our engineer, and myself. We felt
the meeting brought out the relevant issues concerning pending annexations to the City of Carlsbad and the problem regarding water service to these
areas.
As we discussed, Costa Rea1 Municipal Water District is prepared to provide retail water service within our service area. tried unsuccessfu1ly at the November 3, 1981, election to make Costa Real
a subsidiary district, is now trying to force property owners within the Costa Real service area to take retail water service from the City as a
condition of development approval. Two logical effects of the City's policy are (1) that a duplication of water services would exist following
annexation, or (2) that the newly annexed areas would be unable to develop,
The City of Carlsbad, which
'
- due to City policy.
Costa Real accordingly protests any annexation to the City of Carlsbad which is within the Water District's retail water service area and which has been required by the City to receive City retail water service. this letter is to state the District's general position- We will also protest each affected annexation individually as it comes before LAFCO.
The purpose of
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Sincerely ,
William C. Meadows
General Manager
WCM:fw
cc: Board of Directors Legal Counsel
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WOODSIDE- KUBOTA & ASSOC CONSULT IN G EN GIN EERS CA RLS BAD I
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