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HomeMy WebLinkAbout1982-04-20; City Council; 6986; Water Service for the City of CarlsbadCIT . 3F CARLSBAD - AGENDk dILL AB#A-?!&L MTG. 4-20-82 DEPT. C*M- AB#A-?!&L 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. 'I - *- - LA 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 .. c 4 .. Carlsbad City Council Costa Real Municipal Water District Page three .' 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 *' 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 .* Sincerely , William C. Meadows General Manager WCM:fw cc: Board of Directors Legal Counsel I WOODSIDE- KUBOTA & ASSOC CONSULT IN G EN GIN EERS CA RLS BAD I I !