HomeMy WebLinkAbout1977-06-15; Municipal Water District; Minutese
e
REPORTER'S TRANSCRIPT
OF
CARLSBAD MUNICIPAL WATER-DI'STRICT HEARING
a 4 ON
_" WEDNESDAY, JUNE 15, 1977
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AT 2:OO P. M.
IN RE: :TAKEOVER 'OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BY
THE CITY OF CARLSBAD.
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CARLSBAD MUNICIPAL WATER DISTRICT
5960 EL CAMINO REAL CARLSBAD, CALIFORNIA '.
e APPEARANCES:
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DONALD A. MAC LEOD, PRESIDENT
JACK Y. KUBOTA
ALLEN 0. KELLY
FRED W. MAERKLE
HAROLD M. ENGELMANN
JOHN P. HENLEY
ROBERT F. UHLINGER
PAUL S. SWIRSKY, COUNSEL
REPORTED BY:
CATHERINE A-M GAUTEREAUX, CSR NO. 3122
MARTHA 1. DIX, CSR, No, 86, CP,CM, RPR
San Diego Countg's First State Champion
CERTIFIED SHORTHAND REPORTING SERVICE
SAN DIEGO OFFICE NORTH COUNTY OFFICE
1407 SIXTH AVENUE 1600 BUENA VISTA WAY
SAN DIEGO. CALLFORNIA 92101 CARLSBAD. CALIFORNII
(714) 234-7272 (714) 729-2267
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CARLSBAD, CALIFORNIA, WEDNESDAY, JUNE 15, 1977, 2:OO P. M.
"-0"-
MR. MC LEOD: THIS IS THE TIME AND PLACE FIXED BY THE
BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT FOR
A PUBLIC HEARING AND PUBLIC PRESENTATION FOR THE BOARD TO
RECEIVE EVIDENCE, INFORMATION FROM ANY INTERESTED PERSONS FO
THE CONSIDERATION OF THE BOARD OF DIRECTORS ON THE PROPOSAL
BEING PRESENTED BY THE CITY COUNCIL ON THE CITY OF CARLSBAD
TAKE OVER CONTROL AND OPERATIONS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT.
AS A MATTER OF INFORMATION, THE SPECIAL COMMITTEE
THE CITY COUNCIL OF THE CITY OF CARLSBAD HAS REQUESTED THAT
BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ADVI
THE CITY COUNCIL OF THE DESIRE OF THE CARLSBAD MUNICIPAL WAT
DISTRICT BY FORMAL ACTION IN REFERENCE TO THE CITY OF CARLSB
TAKING OVER THE CONTROL AND OPERATION OF THE CARLSBAD MUNICI
WATER DISTRICT.
THE BOARD OF DIRECTORS DEEMED THAT IT WOULD BE PRU
TO CONDUCT A PUBLIC HEARING ON THE MATTER AND RECEIVE ANY IN
MATION FROM ANY INTERESTED PERSON IN REFERENCE TO THE ISSUE.
THE FOLLOWING GENERAL PROCEDURE WILL BE FOLLOWED 11
CONDUCTING THE HEARING SO THAT ALL THE INFORMATION MAY BE
PRESENTED AND THAT ALL PARTIES THAT DESIRE TO BE HEARD MAY
PRESENT THEIR INFORMATION:
A TRANSCRIPT OF THE HEARING WILL BE TAKEN BY THE I
e MARTHA L.'DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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PRESENTED: 4
ORDERLY MANNER AND SO THAT ALL PERSONS MAY HEAR THE INFORMA' 3
PROCEDURE BE FOLLOWED SO THAT THE MEETING MAY BE CONDUCTED 1 2
PUBLIC STENOGRAPHER. SO IT IS REQUESTED THAT THE FOLLOWING
5 ANYONE DESIRING TO PRESENT INFORMATION WILL FIRST
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ADDRESS, AND POSITION, IF APPLICABLE. 9
THE FRONT; TO THE MICROPHONE, AND PLEASE STATE YOUR NAME, 8
PERSON IS RECOGNIZED, IT IS REQUESTED THAT THE PERSON COME ' 7
REQUESTED TO BE RECOGNIZED BY MYSELF AS PRESIDENT. AFTER A
10 THEREAFTER THE PERSON SHOULD STATE THE INFORMATIO
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FROM THE PROCEDURE STANDPOINT, THE FOLLOWING ORDE 18
OPPORTUNITY TO ASK QUESTIONS OF: ANYONE TESTIFYING. 17
HAS BEEN PRESENTED AND AFTER WHICH TIME THERE WILL BE AN 16
0F.PERSONS TESTIFYING WILL BE HELD UNTIL ALL THE INFORMATIO 15
I AM REQUESTING THAT ANY QUESTIONS FROM THE AUDIE 14
TO ASK QUESTIONS, IF THERE IS ANY QUESTION OF THE PERSON. 13
FINISHED, THE MEMBERS OF THE BOARD OF DIRECTORS WILL BE ALL 12
THEY DESIRE TO PRESENT. AFTER THE PERSON'S TESTIMONY IS
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TESTIMONY WILL BE USED:
1.. TESTIMONY BY LEGAL COUNSEL IN REFERENCE TO Te
NOTICE OF PUBLIC HEARING.
2. TESTIMONY OF MR. SCHMIDT, SPECIAL CONSULTANT
THE DISTRICT IN REFERENCE TO RESULTS OF HIS INVESTIGATION.
3. TESTIMONY OF ANY INTERESTED PERSON OR PERSONS
THE ISSUE IN QUESTION.
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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INFORMATION, I WILL ASK IF THERE ARE ANY MORE QUESTIONS. I' 2
AFTER ALL INTERESTED PERSONS HAVE PRESENTED THEIR
3 I REQUESTED THAT ANY PERSON DESIRING TO ASK A QUESTION FIRST E i 4
THE PARTICULAR PERSON. 5
RECOGNIZED BY MYSELF AS PRESIDENT AND THEN, ASK THE QUESTIOP
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MEMBER OF THE BOARD OR STAFF WILL ANSWER THE QUESTION. 8
QUESTION SHOULD BE DIRECTED TO ME AND I WILL DETERMINE WHICt 7
IF THE QUESTION IS FOR THE BOARD OF DIRECTORS, THi
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9 ALL THE INFORMATION RECEIVED TODAY WILL BE TAKEN I
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PERTINENT INFORMATION, THE BOARD OF DIRECTORS WILL SUBSEQUEI 11
SUBMISSION BY THE BOARD OF DIRECTORS, AND AFTER REVIEW OF Tt
IS IRRELEVANT OR THE PROCEEDINGS BECOME ARGUMENTATIVE, SINC 20
FORCED TO INTERRUPT AT ANY TIME THAT THE TESTIMONY OR DISCU 19
ISSUE TO BE DISCUSSED. AS A CHAIRMAN OF THE MEETING I M.4Y 18
IT IS ALSO VERY IMPORTANT TO LIMIT YOUR REMARKS TI 17
WILL HAVE THE OPPORTUNITY TO BE HEARD WITHOUT INTERRUPTION. 16
IN AN ORDERLY MANNER SO THAT ALL PARTIES DESIRING TO BE HEA 15
BY THE PROPOSED PROCEDURE SO THAT THE HEARING MAY BE CONDUC 14
IT WOULD BE APPRECIATED IF ALL PARTIES WOULD ABID 13
RENDER A DECISION ON THE MATTER. 12
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21 PURPOSE OF THE HEARING IS TO SECURE INFORMATION THAT WILL A
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SIDERING THE DESIRES OF ALL THE TAXPAYERS AND WATER USERS 0 23
THE BOARD OF DIRECTORS IN REPLYING TO THE CITY OF CARLSBAD
IT IS REQUESTED THAT THE LEGAL COUNSEL PRESENT 25
CARLSBAD MUNICIPAL DISTRICT. 24
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1 TESTIMONY IN REFERENCE TO THE PUBLIC HEARING.
2 MR. SWIRSKY: THANK YOU. CHAIRMAN, MEMBERS OF THE BOAR
3 I AM PAUL SWIRSKY, LEGAL COUNSEL FOR THE CARLSBAD MUNICIPAL .I 4
A SPECTATOR: LOUDER. 5
WATER DISTRICT.
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THERE HAS BEEN A VERY OVERT ATTEMPT ON BEHALF OF T 9
DISTRICT. MY ADDRESS IS 2965 ROOSEVELT, CARLSBAD, CALIFORNI 8
PAUL SWIRSKY, LEGAL COUNSEL FOR THE CARLSBAD MUNICIPAL WATER 7
MR. SWIRSKY: MR. CHAIRMAN, MEMBERS OF THE BOARD, I AM
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PRESIDENT OF THE BOARD OF DIRECTORS WAS MAILED TO ALL THE WA 14
FIRST OF ALL, A LETTER DATED JUNE 1, 1977 FROM THE 13
HAVE OCCURRED FROM THE STANDPOINT OF RECEIVING PUBLICITY. 12
PUBLIC HEARING AS POSSIBLE. WE HAVE REVIEWED THE THINGS THA
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ACCOUNTS OF CARLSBAD MUNICIPAL WATER DISTRICT, CONSISTING OF
THIRTEEN HUNDRED LETTERS.
ON JUNE 13, 1977 THERE WAS A LEGAL NOTICE OF THIS
PUBLIC HEARING PUBLISHED IN THE BLADE TRIBUNE IN OCEANSIDE,
CALIFORNIA; AND ON JUNE 11, 1977 THERE WAS A LEGAL NOTICE
PUBLISHED IN THE CARLSBAD JOURNAL REGARDING THIS PUBLIC HEAR
I HAVE ATTEMPTED TO REVIEW THE LOCAL NEWSPAPERS FO
THE LAST MONTH AND TO DETERMINE ANY ARTICLES THAT DID MENTIO
THE ISSUE OR THE PROPOSED PUBLIC HEARING. I WOULD LIKE TO P
INTO THE RECORD THAT ON THE FOLLOWING DATES ARTICLES APPEARE
IN THE BLADE TRIBUNE.CONCERNING THIS PUBLIC HEARING: ON
,I MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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MAY 31, 1977; ON JUNE 3, 1977; AND ON JUNE 14, 1977.
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MAY 31, 1977; ON JUNE 3, 1977; AND ON JUNE 14, 1977.
IN THE CARLSBAD JOURNAL, ARTICLES APPEARED IN REFE
ENCE TO THE ISSUE OR THE PUBLIC HEARING ON MAY 18, 1977;
MAY 21, 1977; MAY 25, 1977; JUNE 4, 1977; JUNE 11, 1977; AND
JUNE 15, 1977.
THANK YOU.
MR. MAC LEOD: AT THIS TIME I WOULD LIKE TO INTRODUCE T
YOU MR. JACK KUBOTA, WHO IS OUR DISTRICT ENGINEER; AND HE WI
EXPLAIN THE EXHIBIT MAPS.
MR. KUBOTA: MR. CHAIRMAN, BOARD MEMBERS -- FIRST OF AL
CAN YOU ALL HEAR ME OKAY? FINE. I THINK I CAN DO BETTER BY
JUST GOING UP TO THE MAP.
IF ANY OF YOU CAN'T HEAR ME, RAISE YOUR HAND. EIT
HAND IS OKAY. I BETTER PUT MY GLASSES ON SO THAT I CAN SEE.
THE FIRST MAP THAT I WILL EXPLAIN TO YOU IS TO YOU
LEFT. IT IS A MAP SHOWING THE BOUNDARIES OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AND BY A COLOR CODE, IT SHOWS OUR
IMPROVEMENT DISTRICT NUMBER TWO -- I'M SORRY, OUR IMPROVEMEN
DISTRICT NUMBER THREE IN BLUE;.OUR IMPROVEMENT DISTRICT NUMBi
TWO IN RED; AND 'THE CITY SERVICE AREA SHOWN IN WHITE.
THOSE THREE COLOR DISTINCTIONS SHOW OUR ENTIRE DIS
TRICT BOUNDARIES, COMPRISING SOME TWENTY THOUSAND ACRES. TH
RETAIL SERVICE AREA OF THE WATER DISTRICT IS THE AREA OF THE
AND OF THE RED. THE CITY SERVICE AREA IS WHITE.
I'D NOW LIKE TO SHOW YOU A SECOND PLOT MAP OR EXHI1
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MAP WHICH IS TO THE LEFT -- I'M SORRY -- TO THE RIGHT OF YOL
FOLKS THAT ARE LOOKING AT THE MAP. THIS EXHIBIT MAP SHOWS T
CURRENT BOUNDARIES OF THE CITY OF CARLSBAD. IT IS SHOWN WIT
A YELLOW TINT, AND WITHIN THAT AREA, YOU WILL SEE VARIOUS
DESIGNATIONS OF WHITE; AND THOSE ARE THE PRINCIPAL AREAS AS
WHAT IS COMMONLY REFERRED TO AS "THE DONUT" OF THE CITY OF
CARLSBAD. THERE IS ALSO ONE AREA WHICH IS THE PATIGUITOS
LAGOON, WHICH IS OUTSIDE OF THE CITY OF CARLSBAD.
I'D LIKE TO DESCRIBE THIS SECOND EXHIBIT MAP WHICH
HAS AN OVERLAY UPON IT THAT GIVES YOU A PICTURE OF THE RELAT
SHIP OF THE CITY OF CARLSBAD AND THE FOUR WATER ENTITIES THA'
SERVE WATER WITHIN THE BOUNDARIES OF THE CITY OF CARLSBAD.
SO-CALLED "CITY SERVICE AREA" WILL SHOW UP ON THE NEW MAP AS
THE YELLOW AREA. IN OUR IMPROVEMENT DISTRICT NUMBER THREE A
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GREEN; AND OUR SERVICE AREA THAT IS OUTSIDE OF THE CITY SHOW! 16
OUR RETAIL SERVICE AREA THAT'S INSIDE THE CITY SHOWS UP AS
LIGHTER RED. 21
AREA THAT THE WATER DISTRICT SERVES OUTSIDE THE CITY IS THE 20
THE WATER DISTRICT SERVES INSIDE THE CITY IS A DARK RED, AND 19
IN IMPROVEMENT DISTRICT NUMBER THREE, THE AREA THA- 18
UP AS BLUE. 17
22 ALSO, IN THE FAR LOWER RIGHT-HAND CORNER - IT'S VEL
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DIFFICULT TO DISTINGUISH - BUT THERE IS AN AREA RIGHT IN HERE
COUNTY WATER DISTRICT; AND THEN, THERE IS A LARGER AREA BELOW 25
THAT IS IN THE CITY OF CARLSBAD THAT IS SERVED BY THE SAN MAF
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WHICH IS SERVED BY THE OLIVENHAIN MUNICIPAL WATER DISTRICT.
THAT CONCLUDES MY TESTIMONY, MR. CHAIRMAN.
MR. MAC LEOD: THANK YOU, MR. KUBOTA.
I'D LIKE NOW TO INTRODUCE MR. SCHMIDT, OUR SPECIAL
CONSULTANT, WHO WILL PRESENT HIS PRELIMINARY REPORT TO THE
BOARD.
MR. SCHMIDT?
MR. SCHMIDT: THANK YOU, MR. CHAIRMAN. MEMBERS OF THE
BOARD, UNLIKE MY COLLEAGUE, MR. KUBOTA, I'M NOT AS USED TO T
PUBLIC SPEAKING AS HE IS; SO I'M GOING TO USE THE MICROPHONE
WE'LL PRESENT TO THE BOARD TODAY A PRELIMINARY REP
WHICH WAS PREPARED IN RESPONSE TO THE REPO'RT ord CITY WATER
DEPARTMENT C.M.W.D. CONSOLIDATION PREPARED BY ROGER GREER,
DIRECTOR OF UTILITIES AND MAINTENANCE OF THE CITY OF CARLSBA
WE'LL GIVE A SUMMARY OF OUR REPORT HERE TODAY, AND TO START ,
THAT SUMMARY, I WOULD LIKE TO INTRODUCE MY ASSOCIATE,
MR.. CHRISTENSEN.
MR. CHRISTENSEN, IN ADDITION TO HIS WORK IN PUBLIC
INFORMATION FOR COUNTIES IN SEVERAL SPOTS IN CALIFORNIA, WAS
ALSO MY COLLEAGUE A NUMBER OF YEARS AGO WHEN HE WAS WITH THE
LOCAL AGENCY FORMATION COMMISSION IN SACRAMENTO COUNTY. THA;
IMPORTANT TO YOU TO THE EXTENT THAT THAT COUNTY HAS A VERY,
VERY SIMILAR MAKEUP AND A GOVERNMENTAL STRUCTURE, SUCH AS THf
NUMBER OF DISTRICTS AND THE NUMBER OF CITIES, AS DOES THE CO\
OF SAN DIEGO.
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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OF COURSE, I THINK YOUR BOARD REALIZES THAT I SPEP
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COUNTY GOVERNMENT. SO TO START OFF, I'D LIKE TO INTRODUCE 3
SOME TIME IN THIS COUNTY, ABOUT ELEVEN YEARS, WORKING FOR Tt
0 "1 4 MR. FRED CHRISTENSEN.
5 MR. CHRISTENSEN: MR. PRESIDENT, MEMBERS OF THE BOARD,
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A PROPOSAL FOR CHANGE. SO IN EVALUATING IT AND TRYING TO PR 7
LADIES AND GENTLEMEN, THE PROPOSAL THAT YOU HAVE BEFORE YOU
TO FIND WHY A CHANGE WAS NECESSARY. 9
VIDE YOU WITH SOME CONSULTATION ON IT, WE STARTED OUT ATTEM 8
0 10 THE PROPOSAL HAS BEEN MOTIVATED BY THE CITY OF
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UPON THOSE WHO PROPOSE IT TO JUSTIFY THE CHANGE. THIS IS 16
WE FEEL THAT, BEFORE THE CHANGE OCCURS, IT IS INCUE 15
NECESSITATED THE CHANGE. 14
AND TRYING TO DETERMINE WHAT CHANGE WAS PROPOSED AND WHAT 13
REPORT. SO WE STARTED OUT BY TAKING A LOOK AT THE GREER REP( 12
CARLSBAD, AND THE DOCUMENT THAT WAS GIVEN TO US WAS THE GREEI
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a c 17 PARTICULARLY IMPORTANT BECAUSE, IF THIS PROPOSAL PROCEEDS, SL
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THE VOTERS WITHIN THE CARLSBAD MUNICIPAL WATER DISTRICT. 20
COMMISSION, TO THE BOARD OF SUPERVISORS, AND MOST IMPORTANTLY 19
JUSTIFICATION WILL HAVE TO BE MADE FOR THE LOCAL AGENCY FORMP
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21 WE, I THINK, SHOULD EXPECT A CONCISE REPORT WITH e 22
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SPECIFIC INFORMATION, DETAILING THE JUSTIFICATION OF CHANGE,
ISSUES INVOLVED, THE PROBLEMS THAT REQUIRE SUCH A CHANGE, AND
24 THE SPECIFIC ACTIONS OR POLICIES WHICH THE CITY WOULD PROPOSE
0 25 TO UNDERTAKE, SHOULD THE PRC~POSAL SUCCEED.
24 THE SPECIFIC ACTIONS OR POLICIES WHICH THE CITY WOULD PROPOSE
0 25 TO UNDERTAKE, SHOULD THE PRC~POSAL SUCCEED.
MARTHA L. DIX - ~ERTIFIED SHORT~AND REPORTING SERVICE
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REGRETTABLY, OUR EXAMINATION OF THE GREER REPORT C
NOT INDICATE ANY OF THESE MATTERS THAT WE'RE LOOKING FOR. I
DOES NOT IDENTIFY THE ISSUES INVOLVED. IT DOES NOT LIST THE
PROBLEMS THAT HAVE LED TO THE PROPOSAL. IT DOES NOT INDICAT
HOW THE PROPOSAL WOULD SOLVE THOSE PROBLEMS; AND IT'S TOTALL
SILENT ON ANY ACTIONS OR POLICIES THAT THE CITY WOULD UNDERT
SHOULD THERE BE THE ESTABLISHMENT OF A SUBSIDIARY DISTRICT.
DOES THE REPORT REVEAL JUSTIFICATION FOR CHANGE?
THINK WE HAVE TO SAY THAT IT DOES SO IN GENERALITIES AND
ASSUMPTIONS. THIS LED US TO MAKE SEVERAL ASSUMPTIONS ON OUR
PART IN THE DEVELOPMENT OF OUR REPORT. WE MADE THREE ASSUMP
TIONS:
FIRST, WE MADE THE ASSUMPTION THAT THE DISTRICT IS
OPERATING EFFECTIVELY AND EFFICIENTLY. WE FOUND NOTHING IN
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GREER REPORT TO ARGUE AGAINST THAT ASSUMPTION. IF IT IS
INCORRECT, WE THINK IT IS INCUMBENT UPON THE CITY TO-MAKE A
SHOWING.
SECONDLY, WE MADE AN ASSUMPTION THAT THE CITY COUL
NOT OPERATE THE DISTRICT MORE EFFICIENTLY OR EFFECTIVELY THA
IT IS NOW BEING OPERATED BY THE DISTRICT BOARD. AGAIN, SHOUL
THAT ASSUMPTION BE INCORRECT, WE FEEL IT IS INCUMBENT UPON T
CITY TO MAKE A SHOWING.
IF OUR FIRST TWO ASSUMPTIONS ARE CORRECT THEN, THE
REASON FOR CHANGE MUST LI'E ELSEWHERE; AND WE HAVE FOUND IMPL
TIONS AND SOME EVIDENCE TO-INDICATE THAT THE REAL ISSUE IS 01
MARTHA L,. DIX - CERTIFJED SHORTHAND REPORTING SERVICE
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ING ADDITIONAL POLICY CONTROL. 2
OF CENTRALIZING POLITICAL POWER OR, STATED ANOTHER WAY, OB-
3 IF THIS IS SO, THEN WHAT WE DID WAS TO APPROACH -
4 FROM THE POINT OF VIEW OF WHAT WOULD THIS CHANGE DO, IN TEf
5 OF POLITICAL POWER AND POLICY CONTROL - THIS SPECIFIC CHAN(
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TAKE A LOOK AT WHAT CHANGE IS PROPOSED, AND TO DO THAT, IT 7
IN ORDER TO EVALUATE THAT, I THINK IT'S NECESSAR'
8 NECESSARY TO TAKE A LOOK AT A SUBSIDIARY DISTRICT. WHAT I:
9 HOW DO ITS POWERS DIFFER FROM A SO-CALLED "INDEPENDENT DIS.
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TRICT." 24
EMPOWERED TO ACT AS EX OFFICIO BOARD OF DIRECTORS OF THE D 23
IN WHICH THE CITY COUNCIL OF THE CITY SHALL BE DESIGNATED 22
THE SUBSIDIARY DISTRICT AS, QUOTE "A DISTRICT OF LIMITED P 21
OF THE GOVERNMENT CODE WHICH IS A PORTION OF THE D.R.A. DE 20
FOUND IN THE DISTRICT REORGANIZATION ACT OF 1965. SECTION 19
AT THE STATUTES THAT CONTROL SUBSIDIARY DISTRICTS. THESE 18
TO EXPLAIN THAT, LET ME JUST SPEND A MOMENT, LOO 17
OF THE AGENCIES INVOLVED. 16
DISTRICT IS NOT A MERGER. IT IS NOT AN EXTINGHISHMENT OF 15
NOT RESULT IN A CONSOLIDATION. THE ESTABLISHMENT OF A SUB 14
MISCONCEPTIONS. THE ESTABLISHMENT OF A SUBSIDIARY DISTRIC 13
THE FIRST THING THAT IS NECESSARY IS TO CLEAR UP 12
JURISDICTIONS OF THE CITY. 11
TRICT", AND HOW DO THESE POWERS INTERRELATE WITH THE POWER
25 THE ACT STATES FURTHER, IN SECTION 56539 - AND I
MARTHA L. DlX - CERTIFIED SHORTHAND REPORTING SERVICE
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THIS IS PARTICULARLY SIGNIFICANT - QUOTE "SUCH DISTRICT SHAl
CONTINUE IN EXISTENCE WITH ALL OF THE POWERS, RIGHTS, DUTIE!
OBLIGATIONS, AND FUNCTIONS PROVIDED FOR BY THE PRINCIPAL AC'
EXCEPT FOR THE PROVISIONS RELATING TO THE SELECTION AND REM(
OF .THE BOARD OF DIRECTORS OF SUCH DISTRICT." ..
SO THEREFORE, IN ORDER TO CLEARLY UNDERSTAND WHAT
EFFECT WOULD BE OF THE ESTABLISHMENT OF THE CARLSBAD MUNICIF
WATER DISTRICT AS A SUBSIDIARY DISTRICT OF THE CITY OF CARL!
ONE MUST GO TO THE PRINCIPAL ACT UNDER WHICH THE DISTRICT Wj
FORMED AND BY WHICH THE DISTRICT IS GOVERNED. THAT PRINCIP./
ACT IS THE MUNICIPAL WATER GISTRICT LAW OF 1911. IT'S A LEI
AND COMPLEX SET OF STATUTES. 1T.DEFINES THE POWERS, THE
AUTHORITIES, THE PURPOSES OF MUNICIPAL WATER DISTRICT.
I THINK IT IS SIGNIFICANT THAT, IN ITS OWN TITLE,
REFLECTS THE LEGISLATIVE MOOD IN ENACTING THE LAW. IT IS
DESIGNED TO ESTABLISH FORMS OF GOVERNMENT, ENTITIES, DISTRI(
WHOSE FUNCTION IN PART.IS TO PROVIDE WATER WITHIN MUNICIPAL]
CITIES.
THERE ARE SEVERAL SECTIONS THAT WE WOULD LIKE TO F
OUT, BECAUSE IT IS IMPOSSIBLE TO SURVEY FOR YOU THE ENTIRE
M.W.D. LAW OF 1911; BUT THERE ARE OTHER LAWS THAT I THINK AI?
SIGNIFICANT WHEN CONSIDERED IN LIGHT OF THIS PROPOSAL.
SECTION 72362, .FOR EXAMPLE, PROVIDES THAT THE DIS-
TRICT'S GENERAL MANAGER - AND THIS POSITION OF GENERAL MANAG
IS ALSO PROVIDED FOR. IN THE CODE - SHALL HAVE FULL CHARGE Ah ..
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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a 1 CONTROL OVER OPERATIONS AND MANAGEMENT OF THE DISTRICT AND
2 FURTHER SHALL HAVE - AND HERE, I'M QUOTING FROM THE ACT - ''1
3 POWER AND AUTHORITY TO EMPLOY AND DISCHARGE ALL EMPLOYEES A' -i 4 PLEASURE, PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATIOl
5 SECTION 71614 PROVIDES FOR THE FIXING OF RATES, TI
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STATES IN PART, QUOTE "RATES SHALL BE UNIFORM THROUGHOUT THI 7
CLASSIFICATION OF USERS, AND THE UNIFORMITY OF RATES. IT
SECTION 71616 LIMITS THE USE OF REVENUES FOR RATE! 9
DISTRICT FOR LIKE CLASSES AND CONDITfONS OF SERVICE" END QUC 8
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TO SPECIFIC TYPES OF EXPENDITURES. THESE INCLUDE OPERATING
AND OTHER CATEGORIES; BUT THE SIGNIFICANT THING IS, ALL OF 12
EXPENSES, IMPROVEMENTS, REPAIRS, DEPRECIATION OF WATER WORK'
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ESTABLISHMENT OF A SUBSIDIARY DISTRICT DOES NOT EXTINGUISH 2
THE CITY COUNCIL, AND THE RESIDENTS TO UNDERSTAND THAT THE
A SUBSIDIARY DISTRICT IS FORMED, WHAT ARE THE PROCEDURES THI 8
T'D LIKE TO ASK SKIP NOW TO COME BACK AND TELL YO 7
OPERATION OF THE WATER DISTRICT. 6
ANY POLICIES OR IN ANY ACTIONS IT WOULD TAKE IN RELATION TO 5
WOULD HAVE TO FOLLOW THE MUNICIPAL WATER DISTRICT LAW OF 19 4
DISTRICT AND THAT WHOEVER WILL BE SITTING ON THAT CITY COL 3
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ARE INVOLVED.
MR. SCHMIDT: THANK YOU, FRED. BASICALLY, THERE ARE FC
STEPS THAT ARE TAKEN TO FORM OR ESTABLISH A SUBSIDIARY DISTb
THE FIRST IS THE INITIATION OF THE PROPOSAL. THE
SECOND IS THE REVIEW OF THAT PROPOSAL AND CONSIDERATION BY -
LOCAL AGENCY FORMATION COMMISSION AND THE DETERMINATION THEf
THE THIRD IS THE CONDUCT AND FURTHER PROCEEDINGS BY THE COUb
BOARD OF SUPERVISORS; AND FOURTH, THERE IS AN ELECTION.
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TWO WAYS: A PETITION SIGNED BY NO LESS THAN FIVE PERCENT OF 18
NOW, INITIATING PROPOSAL CAN BE DONE IN EITHER ONE
IS DEFINED UNDER THE'DISTRICT REORGANIZATION ACT AS ANY AGEN 24
NOW, IT'S INTERESTING TO NOTE THAT AN AFFECTED AGE 23
COUNTY, CITY OR DISTRICT,MAY INITIATE PROCEEDINGS. 22
ADOPTED BY THE BOARD OF DIRECTORS OR THE COUNCIL OF AN AFFEC 21
LOCAL AGENCY FORMATION COMMISSION TO INITIATE OR A RESOLUTIO 20
RESIDENT VOTERS LIVING WITHIN THE DISTRICT MAY BE FILED WITH 19
25 THAT DOES HAVE OR:WOULD HAVE TERRITORY FOR WHICH THERE WOULD
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DISTRICT, IN THIS CASE. THE DISTRICT REORGANIZATION ACT CALL 2
A CHANGE OF ORGANIZATION OR AN ESTABLISHMENT OF A SUBSIDIARY
3 EVERYTHING - AN.ANNEXATION, A DETACHMENT, A FORMATION, A DISS
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THAT OUT BECAUSE I MAY USE THAT BUREAUCRATIC TERM. 5
TION - IT CALLS EVERYTHING A CHANGE OF ORGANIZATION; AND I PC
6
DISTRICT, DEVELOPER VILLAGE WATER DISTRICT, THE PALOMAR RES01 9
YOUR BOARD, BY THE CITY COUNCIL, BY THE LEUCADIA COUNTY WATEI 8
AN AFFECTED AGENCY, THAT THIS PROPOSAL COULD BE INITIATED BY 7
IT'S INTERESTING TO NOTE THAT UNDER THAT DEFINITIOI
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a 10 CONSERVATION DISTRICT, AND THE TRI-CITY HOSPITAL DISTRICT.
11 ONCE INITIATED AND FILED WITH LAFCO, THERE IS AN
12 EXTENSIVE ANALYSIS - AND I'M VERY FAMILIAR WITH THIS - DONE
13
IN THE SENSE THAT THEY ARE NOT PROVIDED FOR BY LAW, BUT THE 21
INDEPENDENT RECOMMENDATION TO THE COMMISSION. THEY ARE INFC 20
COMMITTEE, AND ONE IS THE CITY. THEY MAKE A SEPARATE AND 19
TWO ADVISORY COMMITTEES TO LAFCO. ONE IS THE DISTRICT ADVIS 18
THEN, THIS PROPOSAL WOULD UNDOUBTEDLY BE REVIEWED 17
JUSTIFICATION FOR THE PROPOSAL. 16
THE OBJECTIVE, THE BASIS OF THE JUSTIFICATION, THE BASIS OR 15
IMPLICATIONS TO THE PROPOSAL, ALTERNATIVE MEANS OF ACHIEVING 14
THE LAFCO STAFF. THEY LOOK AT A NUMBER OF CRITERIA: LAND U
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23 I THE COMMISSION THEN CONSIDERS THIS AT A PUBLIC HE,
24 I AND THEN, I,T CONSIDERS..THE RECOMMENDATIONS OF THE ADVISORY
0 25 COMMITTEES AND THE .STAFF, USUALLY, AND TAKES PUBLIC TESTIMOI
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25 COMMITTEES AND THE .STAFF, USUALLY, AND TAKES PUBLIC TESTIMOI
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1 THEN, THERE IS A DETERMINATION.
2 NOW, AT THIS POINT LAFCO CAN SAY, "IT'S A BAD PRO
3
SUBSTANTIALLY THE SAME TERRITORY MAY BE FILED FOR A YEAR. 4
WE'LL DENY IT." IF IT DOES THAT, NO SIMILAR PROPOSAL INVOL
5 IN THE EVENT THAT LAFCO APPROVES IT, IT MAY DO SO
6 FULLY, PARTIALLY OR CONDITIONALLY.
7 NOW, IN A PROPOSAL LIKE THIS, THERE WOULD BE CERT
8
THE COMMISSION COULD MAYBE ADD OR SUBTRACT OR AMEND THOSE T 9
TERMS AND CONDITIONS WHICH WOULD BE PART OF THE PROPOSAL, A
10 AND CONDITIONS - AND THEY WOULD PROBABLY BE EXTENSIVE. THE
11 DEAL WITH PERSONNEL, WITH BONDED DEBT, WITH ASSETS, AND SO (
12 IF THE COMMISSION APPROVES THE PROPOSAL, IT THEN (
13
AND PRESUMABLY THE COUNTY STAFF WOULD DO SOME SORT OF ANALY 14
TO.THE BOARD OF SUPERVISORS; AND THE BOARD ALSO HAS A HEARI~
15 FOR THE BOARD - AND I WOULD SUPPOSE THAT THE LAFCO STAFF RE.
16
THAT WOULD BE THE END OF IT. . 25
AN ACTION, SAYING, "NO, THIS IS NOT AN ADEQUATE PROPOSAL," 1 24
THE BOARD MAY ALSO DENY THE PROPOSAL. IT MAY JUS; 23
OBSOLETE SECTION OF THE 'CODE. .22
AUTHORITY TO TAKE THE PROTESTS, AND I THINK IT'S PROBABLY Al' 21
WOULD NOT STOP THE PROCEEDINGS. THE BOARD SIMPLY HAS THAT 20
WOULD NOT STOP THE PROCEEDING. MAJORITY PROTEST OF ANY KIN1 19
PROTESTS. HOWEVER, A MAJORITY PROTEST, SAY, OF PROPERTY OW! 18
THE BOARD WOULD HOLD A PUBLIC HEARING, AND IT MAY 17
WOULD SUFFICE AS STAFF BACKGROUND.
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1 NOW, PRESUMABLY, BECAUSE THE STATUTE 1s UNCLEAR OF
2
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IF THE BOARD APPROVES THE PROPOSAL, IT APPROVES IT, ORDERS 1 4
PROPOSAL COULD BE FILED THE NEXT DAY AND START ALL OVER AGAl 3
SILENT ON THIS, PRESUMABLY, IF THE BOARD DID DENY IT, A SIMl
TION OF THE VOTERS. 6
ESTABLISHMENT OF A SUBSIDIARY DISTRICT, SUBJECT TO THE CONFl
7 NOW, THERE IS A WAY BY WHICH THEY CAN AVOID AN ELI
8 TION; AND THAT IS, IF BOTH THE CITY COUNCIL AND THE BOARD OF
9
WE CALL IT. 18
OF THE BOUNDARIES OF THE DISTRICT - INSIDE-OUTSIDE ELECTION, 17
DISTRICT, AND ANOTHER ELECTION WITHIN THE CITY AREA, BUT OU7 16
BE TWO ELECTIONS. ONE, ENTIRELY WITHIN THE BOUNDARIES OF.Tk 15
HELD ENTIRELY WITHIN THE BOUNDARIES OF THE DISTRICT OR IT C 14
NOW, THE ELECTION PROCEDURE: IT WOULD BE AN ELECT 13
TION. 12
THEN, THE BOARD CAN ORDER IT WITHOUT THE NECESSITY OF AN ELE 11
BOARD CONSENTING RESOLUTIONS PRIOR TO THE END OF THEIR HEAR1 10
DIRECTORS OF THE DISTRICT AGREE AND CONSENT TO AND FILE WITt
19 IF A PETITION, HOWEVER, IS FILED WITH THE BOARD OF
20
RESIDENT VOTERS OF THE DISTRICT, REQUESTING THAT IT BE A DIS 21
SUPERVISORS WHICH CONTAINS NO LESS THAN TEN PERCENT OF THE
ELECTION ONLY. 23
ONLY TYPE OF ELECTION, THEN THE BOARD MUST CALL THAT TYPE OF 22
24
25 MAJORITY
IF IT'S AN INSIDE-OUTSIDE ELECTION, THERE
VOTE PASS'ED IN .VOTE ELECTION AREAS; AND IF
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DISTRICT-ONLY ELECTION, SIMPLY A MAJORITY VOTE. THAT THEN C
CLUDES THE PROCEEDINGS FOR THE ESTABLISHMENT OF A SUBSIDIARY
3 DISTRICT.
4 NOW, I'D LIKE TO ASK FRED TO DISCUSS THE EFFECT OF
5
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THE ESTABLISHMENT OF A SUBSIDIARY DISTRICT ON LAND USE CONTR
AND IT IS PART OF OUR REPORT. 9
MR. CHRISTENSEN: YOU'LL FIND THAT IS MARKED AS EXHIBIT 8
OF THIS CHART. 7
I'VE HANDED OUT TO THE MEMBERS OF THE AUDIENCE A REPRODUCTIO
10 THE QUESTION THEN COMES UP: WHAT EFFECT WOULD THE
11 ESTABLISHMENT OF THE CARLSBAD MUNICIPAL WATER DISTRICT AS A
12
ABILITY TO EXERCISE LAND USE CONTROL TO DEAL WITH THOSE GROb 13
SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD HAVE ON THE CITY
CITY OF CARLSBAD, WE'VE P.UT TOGETHER A CHART. 21
INTERRELATED ISSUE. TO TRY TO ILLUSTRATE THAT AS IT AFFECT! 20
LAND USE CONTROL AND GROWTH MANAGEMENT IS A HIGHLY COMPLEX L I9
AFFECT LAND USE CONTROL. IN TODAY'S RURAL SETTING, THE ISSUE 18
A GOOD WAY TO ANSWER FOR THAT WOULD BE IT WOULD BL 17
ENTIRE LAND MASS OF THE MUNICIPAL WATER DISTRICT. 16
POINT, I MIGHT ADD, NOT ONLY TO THE AREA OF THE CITY, BUT TI 15
AFFECTING ELEMENTS IN THE LAND MASS; AND WE'RE REFERRING AT 14
22 THERE ARE, GENERALLY SPEAKING, FOUR BROAD ELEMENT:
23
24
INVOLVED IN THE CONTROL OF LAND USE:
PLANNING AND ZONING, WHICH IS THE TOP ELEMENT ON .
25 CHART. THESE ARE REGULATORY TYPES OF CON'TROLS, BY WHICH A
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PUBLIC AGENCY EXERCISES THIS REGULATION OVER HOW ITS AREA,
TERR I TORY, W I LL GROW.
UTILITIES. THESE ARE ESSENTIAL BEFORE GROWTH CAN
OCCUR IN AN URBAN AREA.
TRANSPORTATION. HERE AGAIN, SOME OF THIS, TO ONE
DEGREE OR THE OTHER, IS ESSENTIAL BEFORE GROWTH CAN OCCUR;
AND ENVIRONMENTAL CONTROLS - AND THESE ARE REGULA
THESE ARE CONTROLS DESIGNED TO DEAL WITH THE EFFECTS OF GRO
WITHIN A LAND USE.
WITHIN EACH OF THESE AREAS WE HAVE THEN BROKEN DO'
BECAUSE OF THE COMPLEXITY OF THE PROPOSAL ITSELF, BROKEN DO
THE VARIOUS ELEMENTS THAT ARE INVOLVED. FOR EXAMPLE, UNDER
PLANNING AND ZONING, YOU HAVE THE COASTAL STRIP OF THE CITY,
LAGOON AREA OF THE CITY, THE REMAINDER OF THE TERRITORY OF '
CITY, AND THE UNINCORPORATED AREA - ALL PARTS OF THE CARLSB)
WATER MUNICIPAL DISTRICT TERRITORY.
WE HAVE THEN BROKEN THIS DOWN INTO THREE COLUMNS:
THE FIRST COLUMN SHOWS WHERE THE CITY HAS FULL cor
FULL CONTROL OF THIS PARTICULAR ELEMENT OF LAND USE.
THE SECOND COLUMN SHOWS A SHARED CONTROL, WHERE Tt
CITY SHARES THAT CONTROL. WITH SOME OTHER PUBLIC AGENCY OR, I
ONE CASE, THE PUBLIC .UTILITY;
AND THE THIRD IS WHERE THE CITY HAS NO CONTROL - F ..
IN THAT CASE, WE 'INDICATE WHAT AGENCY DOES EXERCISE THE CON1 '. .
' THE FINAL CO-LUMN SHOWS WHAT CHANGE WOULD OCCUR IN
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AS A SUBSIDIARY DISTRICT. 2
ELEMENTS OF LAND USE CONTROL, SHOULD THE DISTRICT BE ESTABL
3 A QUICK GLANCE DOWN THAT COLUMN SHOWS THAT THERE h
4
SINGLE OTHER ONE OF THOSE LAND USE ELEMENTS, THERE WOULD BE 5
ONLY TWO AREAS WHERE THERE WOULD BE PARTIAL CHANGE. IN EVEF
CHANGE IN EFFECTING CITY CONTROL OVER GROWTH DEVELOPING ELEF 6
7 AS AN EXAMPLE, IN THE CASE OF THE COASTAL STRIP AI
8
9
THE LAGOON AREA OF THE CITY, THE CITY SHARES THE LAND USE C(
TROL WITH THE COASTAL COMMISSION.
10 IN GAS AND ELECTRIC UTILITIES, IT SHARES THAT CON1
11
SION OF THE STATE OF CALIFORNIA. 12
WITH SAN DIEGO GAS AND ELECTRIC AND THE PUBLIC UTILITY COMMl
IT IS INTERESTING TO NOTE THE NUMBER OF AREAS WHEF 16
TRICT. l5
IT SHARES THAT CONTROL WITH THE CARLSBAD MUNICIPAL WATER DI: l4
IN THE CASE OF WATER DISTRIBUTION AT THE PRESENT - 13
l7 THE CITY HAS NO CONTROL AT ALL: . LIQUID WASTE DISPOSAL,.PERF
l8
IT IS A MEMBER OF THE ENCINA JOINT POWER AUTHORITY. IT IS ( 21
YOU'LL NOTE THE SEWER TREATMENT. THE CITY HAS NO CONTROL A1 2o
GROWTH AND DEVELOPMENT AND MANAGING IT, IN THAT PARTICULAR l9
ONE OF THE SINGLE MOST EFFECTIVE ELEMENTS IN TERMS OF CONTRC
22
CITY OF VISTA, I BELIEVE - AND FIVE SPECIAL DISTRICTS. so, 23
OF SEVEN MEMBERS; TWO CITIES - THE CITY OF CARLSBAD AND THE
THE BEST, IT HAS ONE-.SEVENTH CONTROL AS ONE-MEMBER OF THAT 24
25 AUTHOR1 TY.
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IN THE CASE OF SEWER COLLECTION WITHIN THE CITY, I
LA COSTA, THAT'S DONE BY THE LEUCADIA SEWER DISTRICT. AGAIF
THE CITY HAS NO CONTROL THERE. ONLY SEWER COLLECTION WITHII'
CITY, OUTSIDE OF LA COSTA, DOES THE CITY EXERCISE CONTROL.
CITY EXERCISES CONTROL IN SOLID WASTE COLLECTION WITHIN THE
CITY AREA, BUT NOT IN THE UNINCORPORATED AREAS; NOR DOES IT
SOLID WASTE DISPOSAL CONTROL. THAT CONTROL VESTS IN THE COI
OF SAN DIEGO.
IN TRANSPORTATION, THE CITY HAS CONTROL OVER ITS
STREETS, OBVIOUSLY; BUT IT DOES NOT HAVE CONTROL OVER THE
STREETS LYING IN THE UNINCORPORATED AREA. THAT'S A COUNTY
RESPONSIBILITY. IT HAS NO CONTROL OVER STATE ROADS AND HIG
AND, OF PARTICULAR SIGNIFICANCE TODAY, IN THE QUESTION OF M
-TRANSIT, IT HAS NO CONTROL THERE BECAUSE THAT IS CONTROLLED
AN INDEPENDENT SPECIAL DISTRICT, THE NORTH COUNTY TRANSIT D
TRICT.
FINALLY, IN THE AREA OF ENVIRONMENTAL CONTROLS, A
QUALITY IS CONTROLLED BY THE COMBINATION OF THE SAN DIEGO C
AIR POLLUTION CONTROL DISTRICT, AN ARM OF COUNTY GOVERNMENT
OF COURSE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
E.P.A.
WATER QUALITY IS SIMILARLY CONTROLLED BY A STATE
AGENCY AND BY' THE.FEDERAL E.P.A.
IN SUMMARY, .. SHOULD THE. CARLSBAD MUNICIPAL WATER D
TRICT BE FORMED AS A SUBSIDIARY DISTRICT OF THE CITY OF CAR
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WHICH GET INVOLVED IN THE QUESTION OF LAND USE CONTROL; AND 2
IT WOULD AFFECT ONLY TWO OF A LARGE NUMBER OF ELEMENTS, ALL
SEEING A DIFFUSION OF CONTROL. WE ARE SEEING CONTROL MOVE 1 9
WE ARE SEEING, RATHER THAN A CENTRALIZATION OF CONTROL, WE / 8
INDICATION OF THE TREND THAT IS OCCURRING IN URBAN AREAS TO 7
NOW, WHAT THIS ILLUSTRATES, WE BELIEVE, IS REALLY 6
MUNICIPAL WATER DISTRICT LAW OF 1911. 5
CONTROL TO THE EXTENT IT IS PERMITTED TO HAVE CONTROL UNDER 4
WOULD AFFECT IT ONLY PARTIALLY BECAUSE THE CITY WOULD ONLY I 3
lo
CITIES IN AMERICA TODAY. NEW YORK CITY IS PROBABLY THE CLO! 11
A SINGLE AGENCY. THERE ARE VERY FEW, IF ANY, FULL-SERVICE
l2
STATE OF ARIZONA AND THE STATE OF CALIFORNIA. l9
SOUTHERN CALIFORNIA AND BY A VARIETY OF AGREEMENTS BETWEEN l8
WATER IS CONTROLLED BY THE METROPOLITAN WATER DISTRICT OF 17
TROLS THE CARLSBAD MUNICIPAL WATER DISTRICT, THE SUPPLY OF l6
THE SUPPLY' OF WATER, FOR EXAMPLE, NO MATTER WHO Cc 15
TO WATER DISTRIBUTION BASES. 14
ARE MOVING OUT REGIONALLY, ARE MOVING TO AIR BASES, ARE MOV l3
TO A FULL-SERVICE CITY, AND IT'S GONE BANKRUPT. MANY SERVII
20 So OUR CONCLUSION IS THAT, SHOULD THE DISTRICT BE
21 ESTABLISHED AS A SUBSIDIiARY .. DISTRICT, THERE WOULD BE AN INS
22 FICANT SHIFT OF.CONTROL.'OVER LAND USE MATTERS AS TO THE CIT'
23
24
CARLSBAD.
.. ., . MR. SCHMIDT: WE HAVE TAKEN A LOOK A"T -- BY THE WAY, FI
25 I. MISLED YOU. THERE ARE ONLY SIX MEFIBER AGENCIES IN ENCIN,
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UP TO A FEW YEARS AGO, THE LEUCADIA COUNTY WATER DISTRICT W,
ACTIVE IN ANNEXING MATTERS, I THINK I COUNTED THEM TWICE.
WE LOOKED AT WATER CONTROL, THE CONTROL OF WATER
ELEMENT OF LAND USE CONTROL TO OTHER CITIES WITHIN THE COUN
SAN DIEGO, AND THERE ARE FOURTEEN OF THEM THAT WE SHOW HERE
THIS MAP IN VARIOUS COLORS.
LEMON GROVE IS NOT QUITE A CITY, YET. AS I UNDER:
IT WILL BE A CITY ON JULY 1; BUT LET'S START FROM THE NORTH
THE CITY OF OCEANSIDE PROVIDES ITS OWN WATER SERVl
IT'S A WHOLESALER. IT'S A MEMBER OF THE COUNTY WATER AUTHOF
LET ME EXPLAIN THIS MAP, FIRST. THIS IS A MAP OF
COUNTY WATER AUTHORITY AND ALL OF ITS MEMBER AGENCIES. NOW,
DIFFERENCE'IN SHADES OF BLUE HERE ARE JUST TO BE ABLE TO
SEPARATE THOSE AGENCIES ONE FROM ANOTHER.
THE CITY OF OCEANSIDE SHOWN HERE IS A MEMBER AGEN(
AND PROVIDES BOTH WHOLESALE AND RETAIL WATER TO ITS RESIDENl
MOVING DOWN TO OR OVER TO VISTA, THE VISTA IRRIGAT
DISTRICT PROVIDES ALL OF THE WATER SERVICE FOR THE CITY OF V
GOING EAST TO SAN MARCOS, THE SAN MARCOS COUNTY WP
DISTRICT AND A BIT OF THE~VISTA IRRIGATION DISTRICT PROVIDE
WATER TO THAT CITY.
IN ESCONDIDO, THERE IS A VERY COMPLEX ARRANGEMENT
WHEREBY THE CITY OF ESCONDIDO PROVIDES WATER SERVICE WITHIN
..
WHITE AREA THROUGH THE OPERATION OF THE ESCONDIDO MUTUAL WAT
COMPANY, RETAILS WATER SEEVICE AND'WHOLESALES WATER TO THE E~
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HERE WITH C.W.A. AND OF COURSE IS ENTITLED TO COLORADO RIVE 3
MUNICIPAL WATER DISTRICT. NOW, RINCON IS THE MEMBER AGENCY 2
AREAS PROVIDED THROUGH THE DEVICE OF THE RINCON-DEL DIABI-0
OF ESCONDIDO WITH THE RETAIL SERVICES. 6
RINCON ALSO SERVES A SOUTHWESTERN PORTION OF THE 5
WATER.
7 GETTING DOWN TO THE SOUTHEAST, LA MESA, EL CAJON
8
THE NEW PADRE DAM MUNICIPAL WATER DISTRICT PROVIDING SOME 0 9
SERVED WATER PRIMARILY BY THE HELIX IRRIGATION DISTRICT,WIT
10 IN THE SOUTH BAY, CHULA VISTA RECEIVES WATER, A P
11
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NATIONAL CITY IS A MEMBER AGENCY OF C.W.A., BUT I' 13
FROM.THE SOUTH BAY IRRIGATION DISTRICT. 12
TION OF IT FROM THE OTAY MUNICIPAL WATER DISTRICT; A PORTIO1
OF THE WATER SERVICE OF THE CITIES. 18
NOW, THAT'S A NONEXCLUSIVE OR EXHAUSTIVE DESCRIPTI 17
AND THE CITY AREA. 16
TION DISTRICT TO OPERATE THE WATER SYSTEM FOR BOTH THE DISTl- 15
ENTERED INTO A JOINT POWERS AGREEMENT WITH THE SOUTH BAY IRI
19 I'D LIKE TO POINT OUT THAT THE CITY OF SAN DIEGO F
20
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VIDES BOTH WHOLESALE AND RETAIL WATER TO ITS RESIDENTS.
CO.RONADO AND IMPERIAL BEACH ARE:SERVED WATER BY A 23
TIONED THE CITY OF OCEANSIDE. 22
.. .
T,HE CITY OF DEL MAR DOES THE SAME. WE ALREADY ME&
24 PRIVATE WATER COMPANY.
25 OUR CONCLUSION FROM THIS REVIEW IS THAT WATER SERV
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1 TO ELEVEN -- I TAKE IT BACK -- TEN, NOT COUNTING CARLSBAD, Ti
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OF THE FOURTEEN CITIES IN THIS COUNTY IS PROVIDED FOR BY A
THOSE CITIES' LAND USE CONTROL. 4
SPECIAL DISTRICT AND APPARENTLY WITH NO DETRIMENTAL IMPACT Ul
5 I'D ALSO POINT OUT THAT THERE ARE A NUMBER OF OTHE
6
9
AREA WHICH LAND USE CONTROL IS VESTED IN THE COUNTY; AND THE 8
THAT PROVIDE WATER SERVICE IN THE ENTIRE URBANIZED UNINCORPO 7
MUNICIPAL WATER DISTRICTS AND IRRIGATION DISTRICTS, AND SO 0
COUNTY HAS MADE NO MOTIONS, AT LEAST FOR THE LAST ELEVEN YEP
10 THAT I'M FAMILIAR WITH, FOR GOING INTO THE WATER BUSINESS.
11 TO CONCLUDE OUR REPORT, MR. CHAIRMAN, I WOULD LIKE
12
CLUSIVELY HOW IT WOULD BE ABLE TO'OPERATE THIS DISTRICT MORE 15
''OUR CONCLUSION IS THAT THE CITY HAS NOT SHOWN cor 14
LIKE TO READ FROM OUR REPORT. 13
READ FROM OUR REPORT. TO CONCLUDE OUR PRESENTATION, I WOULC
EFFECTIVELY OR EFFICIENTLY. IT IS EVIDENT THAT INTANGIBLE 1 l6
17
STAND UP TO CRITICAL EXAMINATION HARDLY CONSTITUTE SUFFICIEP le
ILL-DEFINED STATEMENTS REGARDING QUALITY CONTROL WHICH FAIL
19
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REASON TO JUSTIFY THE EXPEND.ITURE OF TAX DOLLARS FOR THE PRI
THANK YOU 'VERY MUCH, MR. CHAIRMAN. 21
CESSING OF THIS PROPOSAL FOR' POLITICAL REORGANIZATION."
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MR. MAC LEOD: THANK YOU,. MR., SCHMIDT.
I,
I IF THERE. ARE-ANY OTHER PARTIES WHO- DESIRE TO TEST .. . >. I 24
TEST I FY . .. 25
PLEASE WAIT AND BE RECOGNIZED BY ME BEFORE COMING FORWARD T
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MR. FAIRWEATHER: MAY I BE RECOGNIZED, MR. CHAIRMAN?
MR. MAC LEOD: SURE.
MR. FAIRWEATHER: CHAIRMAN MAC LEOD AND MEMBERS OF THE
4 MUNICIPAL WATER DISTRICT, YOUR COUNSEL, AND DIRECTOR,
5 MR. KUBOTA, MY NAME IS JOHN H. FAIRWEATHER. I LIVE AT 810
6 CAMINITO DEL SOL IN THE CITY OF CARLSBAD - ALTAMIRA, MORE
7 SPECIFICALLY.
a IN RESPONSE TO YOUR LETTER UNDER DATE OF JUNE 1 Wj
9 DID NOT ARRIVE UNTIL ABOUT THE 8TH - HEAVEN HELP THE MAIL
10 SERVICE - I HAD UNFORTUNATELY BASED -- MY BASIC INFORMATION
11 I ONLY KNOW WHAT I READ IN THE NEWSPAPERS. I THEREFORE
12 RESPONDED WITH A LETTER TO'YOU UNDER DATE OF JUNE 6, WHICH :
13 UNDERSTAND WILL BE MADE A PART OF. THE RECORD.
14 IS THAT NOT SO, MR. KUBOTA? MY LETTER OF JUNE 6 h
15 BE MADE A PART OF THE RECORD?
16 NATURALLY, WITH MY INFORMATION FROM THE NEWSPAPER
17 COULD DRAW CERTAIN ASSUMPTIONS; BUT I ALSO DREW CERTAIN ASSU
18 TIONS BUT FROM WHAT HAS TRANSPIRED HERE THUS FAR. I QUEST10
19 YOUR BOARD, MR. MAC LEOD, AND THE MEMBERS OF THE BOARD TO HA
20 BROUGHT IN A CONSULTANT, GIVEN HIM A PREMISE AND PROCEED ON
21 BASIS.
22 NOW, I FIND NOTHING .WRONG W-ITH THE GREER REPORT, E.
23 THAT IT IS A PRELIMINARY REPORT. THERE WAS NO INTENT TO SPEL
24 OUT UNDER M.W.D. OF 1911 OF A,NY OTHER THING OF THIS NATURE.
25 WAS A PRELIMINARY REPORT WHICH WOULD LEAD TO A STUDY BY THE - I
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AGENCIES AS TO WHETHER THERE SHOULD BE A MERGER OR WHETHER -
CITY OR WHETHER THE C.M.W.D. SHOULD BE THE AGENCY THAT HAND1
THE DISTRIBUTION, PURIFICATION, ET CETERA, OF WATER IN THIS
AREA.
NOW, I FEEL THAT I HAVE COME FULL CIRCLE. AFTER '
WAR, WHEN I LEFT CALIFORNIA AND CAME BACK IN 1949, THE STAT1
THE MUNICIPALITIES, THE COUNTIES, WERE IN THE THROWS OF A.B
3217, WHICH WAS A MAJOR ARGUMENT IN THE STATE OF CALIFORNIA
BECAUSE AT THAT TIME COUNTIES' ONLY SOURCE OF REVENUE WAS PI
PERTY TAX, FEDERAL AND STATE. THE MUNICIPALITIES HAD STATE
RATHER, SALES TAXES; AND FROM '49 TO '54, THERE WAS BITTER
DIVISION - AND I'M SURE YOU GENTLEMEN ARE OLD ENOUGH, AS AM
TO UNDERSTAND WHAT TRANSPIRED DURING THAT ERA. THE BATTLE '
OVER WHAT ASSEMBLY BILL 3217 WAS TO PERMIT.
BECAUSE OF THE URBANIZATION THAT TOOK PLACE AFTER
WORLD WAR TWO, THE URBANIZATION THAT TOOK PLACE, PEOPLE IN
URBAN AREAS OF THE CITY COMPLAINED BECAUSE PEOPLE WOULD GO
SIDE OF THE CITY WHERE THERE WAS NO SALES TAX. MUNICIPALIT
WERE BEING REQUIRED TO PROVIDE MUNICIPAL SERVICES TO THE GR
URBAN AREAS, OF WHICH YOU'ARE WELL AWARE; AND THEN, FINALLY
RESOLUTION OF THIS: THE SALES TAXES WERE DEVELOPED FOR THE
22 COUNTIES. THEY GOT A SHARE OF THE CITIES; AND THEN, TO PRO
23
DESIRING TO BE ANNEXED TO THE MUNICIP.ALITIES AND YET TO HAV 24
THEIR OWN PROVINCIAL AREAS IN THE URBAN AREAS, PEOPLE NOT
FACILITIES AND SERVICES OF THE MUNICIPALITIES, THEY BEGAN T 25 I
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2 NOW, YOU'RE JUST AS FAMILIAR WITH WHAT TRANSPIREC
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WHAT HAS TRANSPIRED: 4
THE YEARS AS AM I, AND I SAY WE COME FULL CIRCLE NOW BECAU5
e -3 5 NOW, WE COME TO AN ERA WHERE THERE IS A HUNDRED F
6 TWENTY-NINE SPECIAL DISTRICTS IN SAN BERNADINO COUNTY WHERE e 7 I CAME FROM HERE THREE YEARS AGO. THERE ARE APPROXIMATELY A
8 HUNDRED AND TWENTY-THREE SPECIAL DISTRICTS IN THE COUNTY.
9 NOW, WE ARE COMING FULL CIRCLE IN THAT, DESPITE T e 1.0 1 FORMATION OF SPECIAL DISTRICTS TO PREVENT EITHER ANNEXA;ION
11
AREAS THAT HAVE BEEN DEFINED BY MR. KUBOTA AND BY YOUR ENGI 12
TAKEOVER OF THE URBAN AREAS THAT HAD PROVINCIAL INTERESTS,
THEY ANNEXED TO THE MUNICIPALITIES FOR MORE THAN ONE REASON 13 e
l4 I THEY ANNEX, ONE, BECAUSE OF PLANNING AND LAND USE
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AND RECEIVING THE CITY'S SERVICES AS POLICE, FIRE, PROTECTI( 16
THEY ANNEX BECAUSE THEY FOUND NOW THAT BY ANNEXING TO THE C e
-1 17
THE IMPOSITION OF A STATE AND CITY TAX, IN ADDITION TO WHAT 18
LIBRARY, FIRE PROTECTION GRANTED LOWER THAN INSURANCE RATES
e 19 WERE ALREADY PAYING, WAS. NOT- A BURDEN BECAUSE THERE WAS SUF~
20
z1
CIENT SAVINGS IN THE SAVINGS IN INSURANCE AND MUNICIPAL SER\
THAT IT WAS NECESSARY THAT THEY ANNEX TO OBTAIN MUNICIPAL SE 23
CIRCLE. ANNEXATIONS HAVE BEEN CAUSED. THE URBAN AREAS FOUP 22
LIKE POLICE, FIRE, STREETS, LIGHTS, ET CETERA. SO WE COME F e .. I , .
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CENTERS ANNEXED TO RECEIVE THESE VUNIC:IF?AL.SERVICES. THE SF 25
ALL RIGHT. AS .A RES.ULT, LA COSTA ANNEXED. THE SH(
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WITH THE CARLSBAD MOBILE HOME PARK, POINSETTIA LANE, TO OBTI
THOSE SERVICES.
ALL RIGHT. NOW, HAVING COME FULL CIRCLE, OVER TH
YEARS YOUR DISTRICT, YOU HAVE GIVEN'.UP SEVEN THOUSAND ACRES
.OCEANSIDE. YOU HAVE GIVEN UP TWO THOUSAND ACRES TO THE CIT
CARLSBAD. YOU ARE NO LONGER TWENTY-THREE THOUSAND ACRES.
ARE TWENTY-TWO HUNDRED ACRES. YOU ARE NO LONGER SERVING A
MAJOR AGRICULTURAL ECONOMY. YOU ARE NOW GETTING INTO THE
BUSINESS OF SERVING RESIDENTIAL OR SMALL USES RATHER THAN AI
FOOT RATES. YOU ARE DOWN INTO SPECIFIC RATES.
NOW, I KNOW THAT YOU MIGHT SAY THAT, IF I BRING
REFERENCE TO RATES, IT'S OUT OF LINE; BUT IT'S NOT SO. LET
BRING THIS TO YOUR ATTENTION. ON THE TAX RATE, I PAY ONE D
AND NINETY CENTS TO THE CITY OF CARLSBAD - EIGHTY-THREE DOL
AND THIRTEEN CENTS A YEAR.
I PAY ADDITIONALLY THIRTEEN DOLLARS AND THIRTY CE -1 17 FOR MY LIGHTING ASSESSMENT. SO I PAY TO THE CITY OF CARLSB
18 NINETY-SIX DOLLARS AND FOR.TY.-THREE CENTS.
e 19 NOW, THE CARLSBAD MUNICIPAL WATER DISTRICT, I PAY
20 THIRTY-SEVEN CENTS FOR RETIREMENT OF YOUR TWO-MILLION-SEVEN,
21 HUNDRED-THOUSAND-DOLLAR BOND ISSUE. ADD'ITIONALLY, FOR WATEI
0 22 PAY THIR'TEEN CENTS T.O THE.'METROPOLI.TAN WATER DISTRICT OF
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I PAY TO THE COUNTY WATER AUTHORITY A DOLLAR AND 24
SOUTHERN CALIFORNIA FROM WHICH YOU OBTAIN YOUR WATER.
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e 25 CENTS. so I'M PAYING A T.OTAL' OF TWENTY-SIX DOLLARS AND
0 MARTHA L. DIX ~ CERTIFIED SHORTHAND REPORTING SERVICE
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SIXTY-SEVEN CENTS. THAT IS NOT THE END.
THE GREER REPORT SAYS I'M PAYING ALREADY SERVICE
CHARGE OF FOUR FIFTY. I HAVE HERE MY LAST MONTH'S BILL. I
PAYING SEVEN DOLLARS ALREADY, SERVICE CHARGE.
GENTLEMEN, THAT IS EIGHTY-FOUR DOLLARS A YEAR. S
TIMES TWELVE IS EIGHTY-FOUR, PLUS TWENTY-SIX. I'M PAYING 14
HUNDRED AND TEN DOLLARS AND SOME CENTS FOR WATER ONLY FROM
MUNICIPAL WATER DISTRICT; AND I AM PAYING LESS THAN A HUNDR
DOLLARS TO THE CITY OF CARLSBAD FOR ALL OF THE SERVICES THA
THEY GIVE.
NOW, I THINK THIS IS INEQUITABLE AND I THINK THAT
BOARD SHOULD NOT HAVE EMPLOYED A COMPANY LIKE YOU DID AND
DEVELOP THE PREMISE, BUT FIRST, YOU SHOULD HAVE CONSIDERED, I YOUR LETTER SAYS -- YOU SAID, "WE ARE VERY FORTUNATE, AS A
DISTRICT, TO HAVE PROPERTY OWNERS AND WATER CUSTOMERS SUCH
YOUR ASSOCIATION WHO HAVE A VITAL INTEREST IN THE AFFAIRS 0
WATER DISTRICT AND ARE WILLING TO TAKE THE TIME TO WORK FOR
BETTERMENT OF THE PUBLIC WATER AGENCY."
YOU ALSO EXPRESSED FURTHER THAT YOU WANTED -- HERI
THE 0THER.MATTER. YOU SAY, "OUR BOARD BELIEVES IT'S VERY
IMPORTANT TO HAVE THE VIEWS OF OUR-, WATER, CUSTOMERS OF LONGS' ..
ING, THE PROPERTY OWNERS,'AND THE VOTERS OF OUR DISTRICT AS
WHOLE. "
I THINK YOU SHOULD HAVE TAKEN THAT STEP FIRST, BEF
SPENDING THE TAX MONEY OF THIS DISTRICT AND THE SERVICE MONE
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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THIS DISTRICT TO DEVELOP A PREMISE AND GIVE IT TO THEM. I
THIS BOARD SHOULD SIT DOWN WITH THE CITY COUNCIL AND DETERPI
WHICH IS THE BEST WAY TO GO, WHETHER IT IS THE TYPE OF DIST
SCHMIDT AND HIS ASSISTANT HAVE DRAWN A CONCLUSION, AND I TH
IT fc WRONG.
NOW, LET ME MAKE FURTHER REFERENCE TO COST FACTOR
COST 1s RELATED TO WHETHER THERE IS A MERGER AND WHETHER WE
ELIMINATE ANOTHER SEGMENT OF GOVERNMENT, AND I FEEL, BEING
CHAIRMAN OF THE BOARD OF DIRECTORS OF ALTAMIRA HOMEOWNERS
ASSOCIATION, THIS BOARD SHOULD HAVE THOUGHT TWICE BEFORE TH
ALLOWED A MEMBER OF THE BOARD TO CALL OUR WATER USE FRIVOL0
IN ADDITION TO OUR SMALL WATER BILL ON MINIMUM HQ
STRUCTURES, DON'T FORGET, GENTLEMEN, OUR GREEN AREA WAS MAN1
WHEN PACIFIC SCENE BUILT THAT DEVELOPMENT, THEY WENT TO THE
CITY PLANNING COMMISSION; AND AFTER THE PLANNING COMMISSION
APPROVAL, THEY HAD TO GET CITY COUNCIL APPROVAL. NOW, BECAI
OF THE HIGH RESIDENCE DENSITY IN THAT AREA, THEY WERE COMME
BY BOTH.THE PLANNING COMMISSION AND THE CITY COUNCIL, AND Tr
I WERE ALSO REQUIRED, THAT.THEY HAVE THIS CERTAIN AMOUNT OF GF
BELT AREA. ,I
NOW, I PAY A SEVEN-DOLLAR STANDBY CHARGE. MY LAS-
..
WAS FOUR DOLLARS AND NINETY-FIVE CENTS.
ADDITIONALLY, HERE IS, THE PACKET FROM OUR BOARD MI
ING THURSDAY. THE WATER BILL FOR THE GREEN WAS SEVEN HUNDRE
AND SEVENTY-THREE DOLLARS 'AND SOME CENTS 'LAST MONTH. NOW, 1
8 MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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e 1 IS DIVIDED AMONG THREE HUNDRED AND TWENTY-SIX RESIDENTS. 5
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FRIVOLOUS USE OF WATER IN THE ALTAMIRA OR IN ANY OTHER ADUL 3
ARE PAYING ABOUT TWO DOLLARS AND FIFTY CENTS, WHICH IS NOT
" -m 0 ,.-_ 4 RESIDENCE COMMUNITY.
5 GENTLEMEN, I EXPRESS THIS VIEW NOT ALONE, BUT AS
6
THE COMMUNITY. I BEG OF YOU THAT YOU GIVE THIS FULL CONSIC 7
REPRESENTATIVE OF THE CHAIRMAN OF THE BOARD OF DIRECTORS OF
CONSOLIDATION, OR WHATEVER, AFTER. EQUITABLE STUDY IS THE 9
TION AS TO COSTS AND AS TO THE COST EFFECTIVENESS OF MERGE 8
0
II) 10 MEANS TO PROCEED. THANK YOU VERY MUCH.
*
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MR. MAC LEDO: THANK YOU, MR. FAIRWEATHER.
NOW, WE SAID BEFORE -- DO YOU WANT TO BE RECOGNIZ
MR. SAUER: YES, SIR.
14
I'M HERE REPRESENTING OCEAN VIEW FARMS AND THE UKEGAWA BROT 18
I'M AN ATTORNEY AND MY OFFI-CES ARE AT 2965 ROOSEVELT STREET 17
MR. SAUER: MEMBERS OF THE BOARD, MY NAME IS NICK SAUE 16
THE QUESTIONS COME LATER. OKAY. 15
MR. MAC LEOD: ALL RIGHT. YOU HAVE NO QUESTION, BECAU
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e 19 WHO ARE LARGE WATER USERS IN YOUR DISTRICT. THEY'VE ASKED 1
20 COME TO YOU, AND I GIVE YOU A GREAT DEAL OF RHETORIC JUST Ts
21 URGE YOU NOT TO ALLOW THE CITY 'TO TAKE OVER YOUR DISTRICT.
e 22 THE REASON THAT TH,EY STATED TO ME, IN VERY SIMPLE
23 LANGUAGE, IS THAT THEY ARE LARGE WATER USERS, PROBABLY THE
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RAPPORT WITH YOUR DISTRICT AND WITH YOUR STAFF. WE HAVE NO' 25
LARGEST WATER USERS IN THE DISTRICT'.' THEY HAVE A VERY GOOD
e MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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DISTRICT. 5
HAVE HIGH,REGARD FOR THE DISTRICT AND FOR THE SERVICE IN THE 4
FIXED, YOUR PEOPLE ARE OUT THERE TO TAKE CARE OF US, AND THE 3
RELATE TO AGRICULTURE IN THE DISTRICT. WHEN WE NEED A METER 2
MANY PROBLEMS AT ALL IN DEALING WITH THE WATER PROBLEMS THAT
6
THAT I'VE MADE WITH REFERENCE TO YOUR DISTRICT. TWO OF MY 8
SPOKEN TO, WHEN THEY DEAL WITH CITIES, CANNOT MAKE THE STATE 7
NOW, THESE GROWERS AND OTHER GROWERS THAT I HAVE
9 CLIENTS, THE TWO THAT I'VE MENTIONED, HAVE, ON OCCASION HAD 7
10
TURAL PURSUITS; AND THE SERVICE AND THE QUALITY OF SERVICE F 11
DEAL WITH THE CITY OF CARLSBAD WITH REFERENCE TO THEIR AGRIC
12
EFFECTIVE AS YOUR ORGANIZATION. 13
THE KNOW-HOW IN DEALING WITH AGRICULTURE HAS NOT BEEN AS
14 MORE SIMPLY SPOKEN, WE HAVE A GOOD RELATIONSHIP WI
15
PLAYER AND YOU'RE HITTING FOUR HUNDRED OR THREE HUNDRED, YOU 16
YOU FOLKS. WE DON'T WANT IT TO CHANGE. WHEN YOU ARE A BASE
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.17 DON'T LIKE TO CHANGE YOU.R STANCE. YOU DON'T LIKE TO CHANGE
18 CHARACTERS, JUST FOR THE SAKE OF CHANGE. IT DOESN'T SEEM TC
19 TO MAKE A .LOT, OF S:ENSE.
20 JHE.SECOND REASON IS. THAT WE UNDERSTAND, FOR TECH^ ..
21 REASONS, WHICH I THINK YOU 'ALREADY KNOW "AND 'I DON'T WANT T
>> ..,
22 GO INTO A GREAT DEAL TO EXPLAIN - THAT NATER RATES CHARGED B
23
TION, BUT, IF WE WERE TO SWITCH TO CITY CONTROL, OUR RATES W 25
SUBSTANTIALLY. WE KNOW W,E FACE AN 1NCR.EASE WITH YOUR ORGAN1 24
THE CITY OF CARLSBAD FOR OUR AGRICULTURAL USES WOULD INCREAS
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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REQUIREMENTS THAT THEY HAVE. WE DON'T THINK THAT THEY CAN
ECONOMICALLY SERVE US AS ECONOMICALLY AS YOU HAVE IN THE PAS
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4 SO WE DON'T BELIEVE IN CHANGE JUST FOR THE SAKE OF CHANGE.
5 WE'RE VERY LARGE USERS AND WE URGE YOU TO GIVE
SERIOUS CONSIDERATION TO THIS MATTER; AND WE URGE YOU NOT TC
ALLOW THE CITY TO TAKE OVER THE WATER DISTRICT.
MR. MAC LEOD: THANK YOU, MR. SAUER.
THERE WAS ONE, OVER HERE. YES.
MR. KELLY: W. ALLEN KELLY, 4912 VIA AREQUIPA, CARLSBAL
I MAY LOOK LIKE A STRAWMAN UP HERE, BUT I THINK THAT THERE 1
SOMETHING THAT THE CITY OF CARLSBAD BASICALLY IS FORGETTING,
WHEN THEY CHARGE THIRTY-EIGHT CENTS A UNIT AND THEIRNEW RATE
WILL BE TWENTY-TWO CENTS; AND THAT IS, ALL THE AGRICULTURAL
i LAND THAT THE COASTAL COMMISSION AND THE CITY WANTS TO KEEF
.1 0 16 AGRICULTURAL; AND YET, THEY WANT TO CHARGE A FANTASTIC RATE
17 THEY WOULD CHARGE FOR A CITY LOT.
18 I THINK THAT YOU PEOPLE ARE HOLDING THE LINE ON
e 19 AGRICULTURAL WATER. I HOPE THAT YOU WILL CONTINUE TO DO THI
20
REPRESENTING THE CITY HERE, THAT SO FAR, THE CITY HAS SHOWN 21
I GUESS I WOULD HAVE TO SAY TO THE CITY, THOSE WHO ARE
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0 22 LITTLE OR NO CONSIDERATION FOR THE- PROBLEM OF THE AGRICULTI
23 USER.
24 I THEY DO GET A REBATE OF TH~IRTY-THREE DOLLARS AN A(
0 25 FOOT. WHEN YOU ACTUALLY COMPARE RATES, YOUR FUTURE RATE AI
0 MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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THE CITY'S RATE, ADDING TO IT YOUR STANDBY RATE, YOU'RE ST11
SUBSTANTIALLY UNDER THE CITY'S RATE PER ACRE FOOT.
MY SECOND POINT WOULD BE THAT WE SEE THE PROBLEMS
A FEDERAL GOVERNMENT OR A STATE GOVERNMENT OR EVEN A COUNTY
GOVERNMENT. WHEN YOU GET FURTHER AND FURTHER AWAY FROM THE
PEOPLE, IT'S MUCH HARDER TO CONTROL. I CAN TALK TO
FRED MAERKLE, I CAN TALK TO JACK KUBOTA. I CAN CONTACT YOU
I CAN SAY, "HEY, YOU GUYS ARE DOING A LOUSY JOB, FOR SOME
REASON," AND I CAN TELL IT TO YOU; BUT WHEN I TRY TO CONTACT
LEE TAYLOR OR CLAIR BURGENER, I DON'T EVEN GET THE TIME OF D
I CAN CONTACT SCOTTIE, BACK HERE, AND DO A PRETTY GOOD JOB W
HIM. HE AND I DON'T ALWAYS AGREE, BUT NEVERTHELESS WE ARE
BOTH THE CITY AND WE FEEL WE ARE SMALL UNITS WHICH THE AVERA
VOTER CAN CONTACT.
I HOPE YOU WILL FIGHT THE CITY'S TAKEOVER. THANK
MR. MAC LEOD: THANK YOU, MR. KELLY. I AM GOING TO CAL
SHORT RECESS. -I
(WHEREUPON. A SHORT RECESS WAS TAKEN, AFTER WHICH T
..
FOLLOWING PROCEEDINGS. WERE ,HAD:) - , ..
MR. MAC LEOD: WE'LL COME 'BACK TO ORDER'. WE'RE STILL o
21 WITNESSES. YES, SIR.
22 MR. MOORE: MR. CHAIRMAN, MY NAME IS GUY MOORE AND I LI
23
AGRICULTURAL INTEREST IN AN ISLAND OF THE COUNTY LYING SOUTH1 25
DESCRIBES THE FEELINGS OF ABOUT EIGHTEEN, I THINK, PEOPLE OF 24
AT 6503 EL CAMINO REAL ... I HAVE A' LETTER HERE THAT PRETTY WE1 ..
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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BY ANNEXATION PROCEEDINGS IN 1972. WE WOULD LIKE TO VIGOR0 6
UNINCORPORATED AREA OF THE COUNTY OF SAN DIEGO, AN ISLAND F 5
"THE UNDERSIGNED ARE ALL YOUR WATER CUSTOMERS OF 4
BRIEF AND SOMEWHAT TO THE POINT:
7
OF THE WATER DISTRICT FOR THE FOLLOWING REASONS: 8
PROTEST THE CITY OF CARLSBAD TAKING OVER CONTROL AND OPERAT
9 "FIRST, WE HAVE ALWAYS FOUND THE DISTRICT TO BE
10 EFFICIENT AND ECONOMICALLY OPERATED.
11 "SECOND, IT IS HIGHLY RESPONSIVE TO AGRICULTURAL
12
"THIRD, WE HAVE ASSISTANT STAFF AND DEDICATED 13
INTEREST AND COMPLAINTS OF THE RESIDENTS.
14 EMPLOYEES, INCLUDING OUR DIRECTORS; AND IT WOULD RUIN THEIR
15 MORALE TO THANK THEM BY TURNING OVER THEIR SYSTEM TO EMP'IRE-
16 BUILDING POLITICIANS OR,AND PERHAPS, MOST IMPORTANT, IS THE
17 FACT THAT WE COUNTY.,RESIDENTS HAVE NO VOICE IN CITY HALL, ~l\
18 THE WATER DI.STRICT IS UNDER THEIR CONTROL, WE FEEL CONTINUEL
19 DEGRADING ,AND BINDING OF THIS AREA, AS I& THE RECENT PAST.
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MADE us POLITICAL HOSTAG,.ES OF CARLSBAD, BARED:.. AWAY OUR RO 21
"THE CITY. OF CARLSBAD AND THE COUNTY OF SAN DIEGO
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22 SYSTEM WITH THE AYRES ANNEXATION, CHANGED COUNTY ZONING TO
:. ,
23 CARLSBAD ZONING WITHOUT EVEN:CONS~LTING T,HE RESIDENTS, AND NI
24 DISAVOWS THE INTEGRITY OF THE PUBLIC ROLL OF RECORD FOR SOME
25 TWENTY-FIVE YEARS AND THEREBY AGGREGATES THE PROPERTY RIGHTS
a MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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THE ENTIRE AREA.
"PLEASE, DON'T GIVE THE PEOPLE WHO WANT TO ASSUME
AUTHORITY AND WILL NOT ASSUME ANY RESPONSIBILITIES A STRONGE
HOLD ON A THING AS VITAL AS OUR WATER SUPPLY." THIS IS SIGh
BY SOME EIGHTEEN AGRICULTURAL PEOPLE, A NUMBER OF THEM HERE
THE AUDIENCE: MR. RUDVALIS OF RUDVALIS ORCHARDS. THERE IS
MIKE CARDOZA. THERE IS MR. TABATA, AND PERHAPS EVEN OTHER
PEOPLE HERE IN THE AUDIENCE.
ANYWAY, I'D LIKE TO PRESENT THIS LETTER TO THE BO/
AS OUR EXPRESSION OF WHAT WE THINK THAT WE'D LIKE TO HAPPEN
MR. MAC LEOD: THANK YOU, MR. MOORE.
ALL RIGHT. ARE THERE ANY MORE WITNESSES? IN THE
OF THE ROOM. YES, SIR. COME FORWARD.
MR. PELTZER: MR. CHAIRMAN, GENTLEMEN AND LADIES, MY NI
IS VERNON A. PELTZER. I'M AN ATTORNEY. MY BUSINESS ADDRES'
365 EAST BROADWAY, VISTA, CALIFORNIA. THE ZIP CODE IS 9208
I WOULD LIKE TO READ -- I AM ALSO THE GENERAL COUl
FOR THE OL,IVENHAIN MUNICIPAL WATER DISTRICT. I WOULD LIKE
READ INTO THE' RECORD AND HAVE . MADE .. A..PART OF'THE RECORD THE
LETTER ADDRESSED BY THE PRESIDENT OF THE BOARD OF DIRECTORS
THE OLIVENHAIN MUNICIPAL WATER DISTRICT TO THE CITY COUNCIL I THE CITY OF CARLSBAD, A COPY OF WHICH WAS PRESENTED TO -- S
TO THIS BOARD:
"RECENT NEWSPAPER INFORMATION INDICATES THAT THE
OF CARLSBAD IS CONTEMPLATING A TAKEOVER OF THE CARLSBAD MUN
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WATER DISTRICT. AMONG THE FACTORS TO WHICH THE CITY COUNCIL
SHOULD GIVE CAREFUL CONSIDERATION BEFORE TAKING THE PROPOSEC
ACTION ARE THE FOLLOWING:
"THIS DISTRICT, MEANING OLIVENHAIN, ALSO SERVES
RESIDENTS WITHIN THE CITY LIMITS OF CARLSBAD; AND ANY TAKEOV
OF THE CARLSBAD MUNICIPAL WATER DISTRICT WOULD NOT PLACE THE
CITY IN A POSITION OF BEING THE EXCLUSIVE PURVEYOR OF WATER
THE CITIZENS OF CARLSBAD."
I'D LIKE TO DEPART FROM THE TEXT A LITTLE BIT. I
BELIEVE IT'S BEEN POINTED OUT THAT THERE ARE SEVERAL OTHER
AGENCIES WHICH SERVE WATER WITHIN THE BOUNDARIES AND SERV-ICE
THE CITY OF CARLSBAD BESIDES YOURSELF AND OLIVENHAIN.
RETURNING TO THE TEXT: "THIS DISTRICT HAS ENJOYED
MUTUALLY BENEFICIAL AND COOPERATIVE RELATIONSHIP WITH THE
CARLSBAD MUNICIPAL WATER,DISTRICT IN RESOLVING PROBLEMS OF
MUTUAL CONCERN. THIS IS A VERY INOPPORTUNE TIME FOR THE CITY
TO UNDERTAKE THE INDICATED COURSE OF ACTION.
"THIS DISTRICT IS EMBARKING, 0N.A MAJOR PROGRAM TO
BRING ADDITIONAL WATER SUPPLY INTO THE CARLSBAD MUNICIPAL WAT
DISTRICT, THE SAN MARCOS COUNTY WATER DISTRICT, AND THE
OLIVENHAIN MUNICIPAL WATER DIS~RICT FOR THE BENEFIT OF THE
RESIDENTS AND THE LANDOWNERS IN THE AREA."
I DEPART FROM THE TEXT TO SAY THAT SOME OF THIS WATl
WILL BE A BENEFIT'TO THE CITY OF CARLSBAD.
"MUTUAL UNDERSTANDING AND COOPERATION IS ESSENTIAL I
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTlNG SERVICE
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THE DISTRICT TO SUPPLY NEEDED WATER AT MINIMUM COST TO THE
DISTRICT AND TO THE DISTRICT'S CONSTITUENTS. INASMUCH AS TH
PROJECT IS UNDERWAY, IT HAS BEEN THE SUBJECT OF MUTUAL DISC
SIONS AND NEGOTIATIONS BETWEEN THE SEVERAL PARTIES INVOLVED.
"THE SUBSTITUTION OF A NEW PARTY OR EVEN THE PROSP
OF THE INVOLVEMENT OF A NEW PARTY ENDANGERS THE SUCCESSFUL
CONSUMMATION OF THE PROJECT TO THE DETRIMENT OF EVERYONE CON
CERNED. THE INTEREST OF THE RESIDENTS OF THIS DISTRICT, MEA
OLIVENHAIN, NECESSITATES THIS. BOARD .OF DIRECTORS REQUESTS TH
CITY OF CARLSBAD TO FOREGO ANY FURTHER ACTION AT THIS TIME TI
TAKE OVER THE CARLSBAD MUNICIPAL WATER DISTRICT."
I WOULD LIKE TO ADD A FEW OTHER COMMENTS FROM THE
PURELY ACADEMIC POINT OF VIEW, SINCE I AM ALSO A WATER LAWYEf
AND INVOLVED IN MUNICIPAL LAW.
FIRST OF ALL, I THINK THAT THIS BOARD IS TO BE
COMMENDED FOR THE STUDY:THAT THEY HAVE HAD UNDERTAKEN. IT I!
READILY APPARENT, FROM READING NEWSPAPER ARTICLES AND FROM Tt
GENTLEMEN WHO SPOKE HERE IN OPPOSITI,ON TO THE STUDY THAT YOU .. ,I
I. , . ..
MADE, THAT THERE IS G.ENERA'L MISUNDE,RSTANDING AS TO THE TRUE
FACTS INVOLVED AND WHAT WOULD ACTUA~LY HAPPEN IF THERE WAS A
TAKEOVER.
: I., '
THE GENTLEMAN' READ-FROM .HIS' T:AX BILL, AND HE APPARE
DOES NOT REALIZE THAT ESSENTIALLY THAT TAX BILL WOULD NOT CHI
SO HIS TAXING AGENCY, SUCH AS THE MUNICIPAL WATER DISTRICT OF
SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, WOULD
e MARTHA L. DjX - CERTIFIED SHORTHAND REPORTING SERVICE
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THERE WAS A TAKEOVER. 3
WOULD BE THAT HIS TAX BILL WOULD INCREASE, NOT DECREASE, IF 2
CONTINUE TO LEVY TAXES. FROM WHAT I'VE HEARD HERE, THE PRO:
-I- e 4 FINALLY, AS A SIDE COMMENT AND AS A MATTER OF PHIL
5 SOPHY, I WONDER -- I THINK YOU SHOULD CONSIDER THE CONCEPT (
6 DIFFUSION, RATHER THAN CENTRALIZATION, OF GOVERNMENT POWER. e 7 NOW, IF YOU'LL PARDON ME, I WILL GO BACK TO THE FF
8 THAT I SPENT TWENTY-SIX YEARS IN THE MARINE CORPS; AND THERE
9 CENTRALIZED POWER IN A MILITARY ORGANIZATION. I FEEL THAT e 10 CENTRALIZED POWER IS ABSOLUTELY ESSENTIAL IN A MILITARY SOCI
11 I HAVE PRACTICED LAW SINCE 1951 AND I'M CONVINCED
12
WOULD RECOMMEND TO YOU CONSIDERATION OF THE FACT THAT THERE 15
EFFECTIVE LOCAL GOVERNMENT 1.N CIVILIAN SOCIETY. THEREFORE, 14
THE CITIZENS AND TO HAVE EFFECTIVE GOVERNMENT AND TO HAVE 13
'DIFFUSION OF POWER IS ESSENTIAL TO PROTECT THE RIGHTS OF AL e
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THE CONTINUED, EXIS'TENCE OF THIS DIFFUSION OF POWER. THANK Y -..- 17
SHOULD NOT BE CENTRALIZATION OF POWER, BUT WE SHOULD MAINTAI
w 18 I VERY MUCH.
..
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MR. MAC LEOD: THANK YOU, MR. -- PELTZER, IS IT?
2o I MR. PELTZER: YES.
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21 MR. MAC LEOD: ARE THERE ANY OTHER WITNESSES?
22 (NO RESPONSE FROM THE' AUDIENCE;)
23
MR. LUCAS: I'D LIKE TO ASK A QUESTION: WHAT WE, AS 25
BOARD OF DIRECTORS? YES, SIR. 24
MR. MAC LEOD: ARE THERE ANY QUESTIONS BY ANY PARTY OF .
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COUNCIL DOES NOT GO SPENDING A LOT OF MONEY NEEDLESSLY, 2
CITIZENS, CAN DO TO BLOCK THIS THING RIGHT NOW so THE CITY
PROMOTING THE APPROPRIATE TAKEOVER. 3
4 MY NAME IS E. A. LUCAS, 7144 ALMADEN LANE, CARLSBA
5
ATTORNEY. 9
MR. MAC LEOD: I'M GOING TO DIRECT THAT QUESTION TO OUR 8
WHICH I'M SURE IS OPPOSED BY THE BIG MAJORITY OF THE PEOPLE. 7
FURTHER TREND OF THIS OF THE CITY TAKING OVER THE DISTRICT, 6
AND I WOULD LIKE TO KNOW, AS A CITIZEN, WHAT WE COULD DO TO
10 MR. SWLRSKY: MR. CHAIRMAN, THE BASIC PROCEDURE FOR ANY
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BE, OF COURSE, TO ADDRESS THEIR REMARKS TO THE CITY COUNCIL, 13
TO TRY TO BLOCK THE EXPENDITURE OF ANY MONEY ON THIS ISSUE W( 12
CITIZEN OR TAXPAYER OF THIS DISTRICT OR OF THE CITY OF CARLSi
16
MR. MAC LEOD: DOES THAT ANSWER YOUR QUESTION, SIR? 15
EITHER ORALLY OR IN WRITING.
MR. LUCAS: , THAT-ANSWERS MY QUESTION. THANK YOU.
17 MR. MAC.LEOD: THANK YOU. ARE TH.ERE ANY OTHER QUESTION:
18 FROM THE GROUP?
19
MR. SWIRSKY: I DO HAVE SOME CORRESPONDENCE WHICH SHOULD 20
IS THERE ANY FURTHER INFORMATION TO BE PRESENTED?
21 READ INTO THE RECORD AS PUBLIC TES.TIMONY.. L
22 MR. MAC LEOD: OUR ATTORNEY HAS QUITE A FEW LETTERS THAT
23 IS GOING TO READ INTO THE TRANSCRIPT, AND HE CAN DO THAT -- R
24
MR. SWIRSKY: NOW, IF NO ONE ELSE IS TO TALK. 25
NOW?
e MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE -
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MR. CHAIRMAN, 1 WOULD LIKE TO READ INTO THE RECORD
SOME WRITTEN CORRESPONDENCE WHICH HAS BEEN RECEIVED BY THE
MUNICIPAL WATER DISTRICT IN REFERENCE TO THIS ISSUE.
AS YOU WILL RECALL, THE NOTICE THAT WAS PUBLISHED
THE NEWSPAPER REQUESTED ANY ORAL OR WRITTEN COMMUNICATIONS.
THESE ARE NOT PARTICULARLY IN ORDER OF RECEIPT, BUT WOULD BE
FIRST OF ALL, WE'D LIKE TO ACKNOWLEDGE THAT A COPY
THE LETTER OF JUNE 2, 1977 FROM THE PRESIDENT OF THE OLIVENH
MUNICIPAL WATER DISTRICT TO THE CITY COUNCIL, WAS RECEIVED.
THIS PARTICULAR LETTER WAS READ BY MR. PELTZER, THEIR GENERA
COUNSEL.
I HAVE A LETTER OF JUNE 13, 1977 ADDRESSED TO THE
PRESIDENT FROM JOHN CHAVANNE, C-H-A-V-A-N-N-E,OF THE CHAVANN
REALTY OF ROLLING HILLS ESTATES, CALIFORNIA:
"DEAR MR. MAC LEOD, WE'RE UNAWARE OF ALL THE RAMIF
TIONS CONCERNING THE PROPOSED TAKEOVER BY THE CITY OF CARLSB
OF THE CARLSBAD MUNICIPAL WATER DISTRICT. HOWEVER, WE WOULD
LIKE TO GO ON REC'ORD WITH THE GENERAL OBSERVATION THAT IN MO
CASES SERVICES PROVIDED BY REGULATED.PRIVATE ENTERPRISES ARE
RUN MORE EFFICIENTLY AND RESPOND MORE 'TO THE PUBLIC NEEDS TH
THOSE GOVERNMENTAL AGENCIES WHO ATTEMPT TO PROVIDE SIMILAR
..
FUNCTIONS.
"UNLESS OR UNTIL WE RECEIVE PROJECTIONS TO REFUTE
ABOVE, WE WOULD BE OPPOSED TO ANY TAKEOVER OF 'THE WATER-DIST
25 BY THE CITY ."
MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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a .I THIS IS A COMMENT WRITTEN ON THE LETTER' SENT OUT
2 THE WATER DISTRICT, WAS RECEIVED ON JUNE 10, 1977. IT WAS
3 SIGNED BY ANTON, A-N-T-0-N, PECK, 1925 "C", ALGA ROAD, CARLS i 4 CALIFORNIA:
5 "DEAR MR. MAC LEOD, WE WISH TO STATE THAT WE ARE
6 PLEASED WITH YOUR SERVICES AND HOPE THAT YOU WILL CONTINUE W
c' 7
8
IT. VERY TRULY YOURS."
THIS IS A LETTER DATED JUNE 8, 1977 BY
9 GEORGE R. BOLTON, 6519, EL CAMINO REAL, CARLSBAD, CALIFORNIA
0 10 "GENTLEMEN, I AM VERY PLEASED WITH OUR WATER DISTR
I1
PLEASANT TO DEAL WITH, ON THE RARE OCCASIONS IT BECOMES NECE 13
DISTRICTS. SERVICE IS GOOD" - UNDERLINED. "THE EMPLOYEES A 12
JUST LIKE IT IS. RATES ARE REASONABLE COMPARED TO OTHER
a
14 SARY. THE UPPER ECHELON (ENGINEERS AND FIELD SERVICE) ARE
15
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POLITE AND KNOWLEDGEABLE. I SEE NO REASON TO CHANGE.
"If's VERY PROBABLE WE WOULD LOSE THESE GOOD FACTOr 0 1 17
TO SEE OUR GOOD RELATIONSHIP SCUTTLED. C.M.W.D. IS ABOUT THI 18
IF WE COME IMMERSED IN THE CITY OF CARLSB.AD BUREAUCRACY. I t
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ONLY UTILITY I DO NOT ENTERTAIN SOME M.I.SGIVINGS ABOUT." SIGI
"GEORGE R. BOLTON."
*l I , ,'. J : <
I HAVE A LETTER RECEIVED. ON JUNE 10, 1977 FROM
22 MR. BERNARD PESCHKE, P-E-S-C-H-K-E. THIS IS WRITTEN ON THE I
23
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OF THE LETTER SENT OUT BY THE WATER DISTRICT:
"MUNICIPAL WATER DISTRICT, I BELIEVE YOU WOULD BE I\
0 25 BETTER AS A UNIT AS YOU ARE NOW THAN BE PART OF A CITY
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GOVERNMENT. YOU ARE EFFICIENT NOW IN YOUR OPERATION. WHY MF
A MONSTER OUT OF THE MUNICIPAL WATER DISTRICT?"
ON A RESPONSE DATED JUNE 7, 1977 FROM
MR. FRED SWITGALL, 131 SOUTH ESCONDIDO BOULEVARD, ESCONDIDO,
CALIFORNIA:
"GENTLEMEN, FROM OUR PAST EXPERIENCE IN SIMILAR
'TAKING OVER' WE ARE STRONGLY OPPOSED TO SAME."
THANK YOU.
MR. MAC LEOD: IS THERE ANY FURTHER INFORMATION TO COME
FORWARD? IF THERE IS NONE, I DECLARE THIS PUBLIC HEARING
CLOSED.
THE INFORMATION PRESENTED WILL BE TAKEN UNDER SUBM
SION BY THE BOARD OF DIRECTORS, AND THE DECISION WILL BE
RENDERED BY THE BOARD,O.F 'DIRECTORS AT A LATER TIME.
1 WISH TO THANK ALL OF YOU FOR THE INFORMATION
OFFERED AND YOUR ASSISTANCE AND COOPERATION IN THE CONDUCT Of
THIS HEARING. THE ,HEARING IS CLOSED. ._ .
"-0"-
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MARTHA L. DIX - CERTIFIED SHORTHAND REPORTING SERVICE
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STATE OF CALIFORNIA 1
.COUNTY OF SAN DIEGO )
ss.
I, CATHERINE A-M GAUTEREAUX, A NOTARY PUBLIC IN AND FOR
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, HEREBY CERTIFY:
THAT ON THE 15TH DAY OF JUNE, 1977, I REPORTED STENO-
GRAPHICALLY THE PROCEEDINGS OF THE CARLSBAD MUNICIPAL WATER
DISTRICT WHICH LATER WAS TRANSCRIBED INTO TYPEWRITING UNDER f
DIRECTION AND THE FOREGOING 44 PAGES CONTAIN A TRUE RECORD Of
THE PROCEEDINGS AT SAID TIME AND PLACE.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL THIS 2ND DAY OF JULY
1977.
.. . ..
SAN D!EGO COUNTY
C
cJu
:ATHERINE
&
A-M
4-v
GAUTEREA UX, CSR NO.
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II
MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL W
CALIFORNIA: DISTRICT, HELD ON JUNE 15, 1977, AT 2:oo P.M., AT 5950 EL CAMINO REAL, CARLSBAD,
I
The meeting was called to order at 2:02 P.M. by President MacLeod, with Director Engelmann, Kelly, MacLeod, Maerkle and Uhlinger answering roll call. Also prese were Assistant General Manager Henley, Legal Counsel Swirsky, District Engineer Kubota, Public Relations Consultant Mitchell and Office Secretary. Utilities an Maintenance Director Roger Greer, of the City of Carlsbad, Mrs. Ruth Honnold and
Mrs. Margaret Bonas, members of the League of Women Voters , Gi 1 Davis , Blade-Tri
Suzanne Choney, Carlsbad Journal (arrived 2:07 P.M.), Neil Ball , San Diego Union
Skip Schmidt and Fred Christensen, of Skip Schmidt Associates, were also present
Approval of Minutes Upon motion of Director Maerkle, seconde by Director Engelmann and unanimously carried, the minutes of the regular meeting of June 1 , 1977, were approved as transcribed and mailed out.
Public Hearing Concerning President MacLeod recognized Councilman
Merger - CMWD/City of Carlsbad Skotnicki of the City of Carl sbad, and F.,
Charlotte Fox, President of the League c
Women Voters, among the audience attending the public hearing.
President MacLeod then announced that this is the time and place fixed by the Bc
of Directors of the Carlsbad Municipal Water District for a public hearing, for the Board to receive evidence/information from any interested persons, for the c sideration of the Board of Directors on the proposal being presented by the Citj
Council for the City of Carlsbad to take over control of the operation of the
Carlsbad Municipal Water District. As a matter of information, the Special Comn
of the City Council of the City of Carlsbad has requested that the Board of Dire
of the Carlsbad Municipal Water District advise the City Council of the desire c the CFIMD by formal action in reference to the City of Carlsbad taking over the ( and operation of the CMWD. (The original transcript of the hearing is attached
a part of the official minutes of this meeting.)
Recess was called at 3:25 P.M. by President MacLeod (at the end of the public hc
portion of this meetinu) and the regular meeting resumed at 3:41 P.M.
Committee Assignments President FlacLeod distributed a copy of
recommended committee assignments , to bc effective June 15, 1977, and which he declared official and part of the record, fol 1 ows :
I
LEGISLATION LANDSCAPING
Di rector Maerkle. Chairman Director Kel 1 Y, Chai rman
Director Engelmann
Legal Counsel Swi rsky Manager Staff
Director Engeimann
Manager Eng.ineer Kubota
PERSONNEL TRI-AGENCIES PIPELINE & SOUTH AQUEDUCT Director Kelly, Chairman
Director Plaerkl e Director Kelly Manaaer Manager
” Di rector Maerkl e , Chai rman
Staff Randal 1 Mi tchel 1
I
FINANCE MATER CONSERVATION & REUSE
Director Plaerkl e, Chairman Director Uhlinger, Chairnan
Director Uhl i nger Di rector Kelly
Manager Manager Engineer Kubota
ENGINEERING & OPERATIONS Mrs. Ruth Honnol d
Director Uhlincrer. Chairman Mrs. Marqaret Bonas Director Maerkie . Manager Engineer Kubota
Roger Greer Don Brown
Randal 1 Mi tchell
PUBLIC INFORMATION Director Kelly, Chairman
Director Maerkle Manager Randal 1 Mi tchel 1
WATER RATE STUDY Director Kel ly , Chairman
Engineer Kubota FIana ger blrs e Margaret Bonas
WATER COMMITTEE AGRICULTURAL Director Engelmann , Chai rman Engineer Kubota Manager John Hen1 ey Staff I Committee Reports:
S.D.C.W.A. No report
Public Information Public Relations Coordinator Randall Mit spoke briefly on the newsletter, ori gina
approved by the Board to be titled "The l4ater Conservationist," and requested Bo approval to change the title to "The Water Line." Director Maerkle made a motio accept the new title, seconded by Director Engelmann and unanimously carried.
Mr. Mitchell then informed the Board that someone in the audience was interested obtaining a copy of the transcript of the public hearing portion of this meetins Legal Counsel Swirsky said that this could be arranged with the CMWD staff.
Palomar Estates Engineer Kubota gave a brief summary of Mobi 1 ehome Park background on this project and its curre status, prior to Mr. Chamberlain, engine for the developer of this park, making a request for Board action so that their
can resume. Discussion followed and Legal Counsel Swirsky, after determining th
all of the issues have been resolved and that a formal agreement is desired, inf
the Board and Mr. Chamberlain that this can be finalized at an adjourned meeting for next Wednesday, June 22, 1977,
Tri -Agenci es Pi pel i ne No report I and South Aqueduct
Water Rate Study There was a brief discussion and Legal C Swirsky informed the Board that, based u
the discussion at the meeting of June 1 y 1977, he has prepared the required reso but would prefer to present it under "Legal Counsel" later in this meeting.
Water Conservation & Reuse The report from this committee was distr buted by Manager Henley and Legal Counse Swirsky was directed to attend the next meeting of this committee on June 28, 19 at 2:OO P.I"I. because they plan to discuss ordinances on water rationing. He agr to be there.
Dis tri ct/Ci ty The members of the Board discussed the p
Joint Committee sentati,on made by Skip Schmidt and his a
iate, Fred Chri stensen, during the pub1 i hearing portion of this meeting, and the consensus was that a lot had been learn
in CMWD's favor. It was hoped that press coverage would emphasize these points
if not, Public Relations Consultant Mitchell said he would work on something wit hope of getting it published in the papers.
Legal Counsel : Legal Counsel Swirsky informed the Board certificates for the new Board member, a
his signature to the bank account, etc., will require signatures from all the Bo
members , today if time a1 lows.
Resolution No. 360 Legal Counsel Swirsky presented to the B Establishing Legal Hol idays for their consideration and adoption, Re I
for CNWD Employees 1 ution No. 360 y "RESOLUTION OF THE BOARD DIRECTORS OF CARLSBAD MUNICIPAL WATER DI
ESTABLISHING LEGAL HOLIDAYS FOR CARLSBAD MUNICIPAL WATER DISTRICT," and after di
cussion, upon motion of Director Maerkle, seconded by Director Uhlinger, this re
lution was adopted by the following vote:
-2- June 15, 1
AYES : Directors : Engelmann, Kel ly , MacLeod, Maerkle and Uhl inger
NOES: Directors : None
ABSENT: Di rectors : None
Resolution No. 361 Legal Counsel Swirsky presented to the B
Fixing Water Rates and for their consideration and adoption, Re Rescinding Resolution No, 335 lution No. 361 , "RESOLUTION OF THE BOARD DIRECTORS OF CARLSBAD MUNICIPAL WATER DI
FIXING RATES AND CHARGES OF WATER SUPPLIED BY CARLSBAD MUNICIPAL WATER DISTRICT RESCINDING RESOLUTION NO. 335," and after discussion, upon motion of Director Ma seconded by Director Kelly, this resolution was adopted by the following vote:
I
AYES : Directors : Engelmann, Kel ly , MacLeod, Plaerkle and Uhl inger
NOES: Di rectors : None
ABSENT: Directors : None
District Engineer:
Russell W. Grosse Engineer Kubota reported on a request fn Mr. Grosse and described on a map the wa. Mr. Grosse hopes to install a small interim pressure-reducing station. Mr. Kubo
asked for Board approval and, after discussion, Director Maerkle made the motion
accept the proposal , seconded by Director Engelmann and unanimously carried.
I
LaCosta Land Company/ Engineer Kubota reported on the completi LaCos ta Estates North of the water system for this subdivision asked for Board acceptance, subject to t
installation of three power meters for the pressure-reducing stations. Upon Leg
Counsel Swirsky's recommendation for conditional acceptance of this proposal , Di ector Maerkle made a motion for conditional acceptance, seconded by Director
Engelmann and unanimously carried.
Ponderosa Homes Engineer Kubota reported on a requested
Devel opment this developer to permit completion and service to the first fifty homes. Discu:
followed and Mr. Kubota will come back, possibly at the next meeting, with a for1 request, after getting concurrence from the LaCosta Land Company.
Santa Fe Reservoir
Palomar Estates Mobilehome Park Deferred to the adjourned meeting on Wed June 22, 1977.
San Diego County - Engineer Kubota reported on the status o Palomar Solid Waste project (a 100% Federally funded grant o Transfer Station proximately three million dollars) in wh the County wants to run an access road a
a corner of CMWD land for which they will revoke their present right-of-way-for- purposes along the southern edoe of this 1 and. The trash compaction center will water service and Mr. Greer's staff is designing this. Construction on this pro. must begin ninety days after concept approval.
Pal omar Airport Engineer Kubota reported to the Board th; County of San Diego has recently filed a
ditional Use Permit for a zone change at Palomar Airport, concurrently with a re( by the City of Carlsbad for annexation of the airport, because the County has ne1 to do this. Mr. Kubota expressed concern for the supply of water to the airport
General Manager:
Communications No report
Meetings No report
Opera ti ons rlanager Henley reported that the two rec
I
- 3- June 15, 1
leaks have been repaired. The leak at Estrella del Mar was due to tree roots an1 one near the twin tanks was caused by San Diego Gas and Electric drilling in the
Mr. Henley then reported that last month we used less than our allotment of wate, at the same time stockpiled 120 acre feet in the lake.
Mr. Henley requested a finance committee meeting for Monday, June 20, 1977, at 2 which met with agreement from Directors Maerkle and Uhlinger, who are on this COI
I Ratification of Checks Director Engelmann moved for ratificatio checks numbered 1463 through 1536, for t period covering June 2, 1977, to June 15, 1977, for a total of $148,677.72, seco
by Director Maerkle and unanimously carried.
Other Matters :
Speci a1 Account Upon motion of Director Maerkle, secondec Director Engelmann and unanimously carrit
the Board authorized payment to Woodside/Kubota and Associates, Inc., the sum of $5,608.00 for work performed during the month of May 1977.
Adjournment At 4:56 P.M. Director Maerkle made a mot' seconded by Director Uhlinger and unanimc carried, for an adjourned meeting until 2:00 P.M. on Wednesday, June 22, 1977.
Respectful ly submitted,
/- I 4~&/&
Secretary of the
I
-4- June 15, 1'
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--~-~~ a
NOTICE OF ADJOURNMENT
NOTICE IS HEREBY GIVEN, in accordance with Section
54955, Government Code, State of California, that the regular
meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER
DISTRICT of June 15, 1977 has been duly adjourned to June 22,
1977, at 2:OO o’clock P. M., at the Board Room, CARLSBAD MUNI-
CIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California.
I Dated: June 15, 1977
Secretary’
CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors ther
-I
DECLARATION OF POSTING -4 PAUL S. SWIRSKY declares:
That he is now and was at all times herein mentioned
a citizen of the United States over the age of eighteen (18)
years and competent to be a witness herein.
That on June 16, 1977, and within twenty-four (24)
hours after time of the adjournment of the regular meeting of
the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT
on June 15, 1977, he securely and conspicuously posted on the
bulletin board of the CARLSBAD MUNICIPAL WATER DISTRICT, lo-
cated at 5950 El Camino Real, Carlsbad, California, at the
entrance to the regular meeting place of the Board of Directors
of the CARLSBAD MUNICIPAL WATER DISTRICT, a copy of the at-
tached Notice of Adjournment of regular meeting of the Board
of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, said at-
tached copy being in all respects the same as the Notice posted
and said copy made a part hereof.
8
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on June 16, 1977, at Carlsbad, California.
-1