HomeMy WebLinkAbout1960-04-19; Municipal Water District; MinutesMINUTES OF A REGULAR MEETING.OF BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER
DISTRICT HELD APRIL 19, 1960 at 2:OO P.M. at 2698 STATE STREET, CARLSBAD, CALIFORNIA:
President Kelly called the meeting to order at 2:OO P.M. with DXrectors Carnohan,
Greek and Coe answering roll call, Attorney Swirsky., Engineer Short, Pipeline Superin-
tendent Tucker, Mr. Frank DeVore of San Diego Gas and Electric Go., Mr. R. E. McGinnis,
Attorney, of' Luce, Forward, Hamilton and Scripps Law Firm, Mr. Alex Stuart, Reporter,
Mr. G. P. Evans of San Diego Gas and Electric Co., Attorney Burton Shamsky, Mr. Lyle
Bonn, Mr. Paul Ecke, Mr. Carroll Kelly, Mr. Erwin Kelly, Mr. Graham Kelly, City
Engineer, Clyde Jenkins, Mr. Kalicka, Betty McCown and Marjorie Cullum, Real Estate
Brokers, and office secretary were also present.
Minutes of a regular meeting March 13, 1960 were approved through motion of Director
Carnohan and second of Director Greek.
(Director Maerkle arrived at 2:07 P. M.)
Hearing - Improvement The attorney presented affidavit of Publication from the Carlsbal
District No. 3 Journal certifying that'lesolution No. 108 of the Board of
Directors of the Carlsbad Municipal Water District calling
this hearing was duly published in the Carlsbad Journal on March 24, 1960 and March 31,
1960, for the records, which was marked Exhibit "A".
Also, an affidayit of posting executed by Richard R. Coe and Thomas H. Tucker, stating
they posted on March 29, 1960, in six different places within the:b-oundaries
of proposed Improvement District 93. The particular places are individlally listed
in the affidavit. . Said document was marked Exhibit "B" .
The attorney advised the Board of Directors the next procedure would be testimony from
persons who are interested in requesting exclusion from proposed Improvement District
#3. That they be allowed to present their reasons for exclusion, It was also sug-
gested by the attorney that the Board then continue these hearings to another date so
that they would have time to consider the requests and the reasons for .them.
The engineer stated he had a statement which he had prepared. In this regard he stated
he would like to read it ad:file with the Board:
I
1 "As Engineer for the Carlsbad Municipal Water District, I, Donald R. Short,
desire to enter the following statements in the record of the hearing for
the formation of Improvement District No. 3 in said District, together
with such other testimony as I may give orally at said hearing:
1. The orderly expansion and development of the area within the boundary of proposed Improvement District No. 3, as shown on
the map thereof dated February, 1960, requires the construction
of water facilities in the form of pipelines, pumping.stations,
and storage reservoirs together with their related facilities.
2. The sum of $1,2000,000 is required to accomplish such construc-
t ion.
3. The lands lying within the bounaries of the proposed District
will be directly benefited by the construction of the water
facilities since water will be available in greater quantity
and under more favorable service conditions within the area
of the proposed improvement district.
Dated: April 19, 1960"
s/ DONAD R. SHORT Donald R. Short RCE 8250
I Said document was marked Exhibit "C".
Also, for the purpose of the record, the engineer introduced a map as being the map
of the proposed Improvement District i.3, to which he referred in his written state-
ment, together with copy of boundary description. Said map was marked Exhibit 'ID"
and said legal description was marked Exhibit "E".
To acquaint the,people in the audience with the proposed Improvement District 113,
the engineer by referring to copy of map posted on the wall of the proposed Improve-
ment District, gave a resume of the boundaries, the facilities and the pipelines
to be constructed. It was pointed out that with the construction of the above, this
would complete the major pipeline and improvements in the Carlsbad Municipal Water
District.
President Kelly then advised the audience the Board was ready to hear requests for
exclusion. Everyone was asked to state their name and mailing address and give the
location of their property. State their reasons for exclusion from this particular
proposed Improvement District 113.
First: Mr. R. E. McGinnis, Attorney. Law Firm Luce, Forward, Hamilton and Scripps.
Representing the San Diego Gas and Electric Co. All correspondence to be addressed
to Mr. Frank DeVore, San Diego Gas and Electric Co., 6th. Avenue, San Diego, California.
Mr. McGinnis started by saying he had a letter signed by Mr. Frank W, DeVore on
behalf of the San Diego Gas and Electric Co., setting forth partly the reasons for
asking for exclusion, and attached to it was a map showing areas to be excluded
which he would like to file with the Board. Said letter and map was marked Exhibit
lined in green represented the land owned by the San Diego Gas and Electric Co. He
stated exclusion was only being asked for the lagoon, outlined in red and referred to
in the letter.
The area to be excluded iskentirely under water and of course will remain so for an
indefinite period to come.
There are 569,000 Gas and Electric meters in the County of San Diego. Within the
proposed district there are 65 or 66 electric meters and no gas meters to his knowledge,
Any tax levied by the proposed Improvement District #3 on this land and paid by the
San Diego Gas and Electric Company, becomes part of their cost and in making up rates
this cost is put into the overall rate to customers in the entire area. It would be
unfair to the customers and rate payers of this utility, who are located on lands
outside the boundaries of the proposed district, to have to pay any part of the improve-
ment assessments growing out of the inclusion of this-property in proposed Improvement
District 1’3.
Mr. McGinnis pointed out the area outlined in green on the map has an assessed valuatior
under $600,000.00 - about $593,000.00. The lagoon area, which is enti-rely under water
has an assessed valuation over $450,000.00 - around $458,000.00. Mr. McGinnis said
he had been informed the assessed valuation of the district is $1,800,000.00. If this
is the correct figure, the lagoon, the part under water, would amount to one-fourth
of the assessed valuation, and accordingly it would mean that one-fourth of the taxes
would be passed on to the consumers of gas and electric, and paid by people who would
not receive any benefit from the formation of the district. The law this district is
governed under, provides for the formation and the inclusion of lands which is benefitec
by the proposed improvements.
Mr. McGinnis continued by saying, what is benefit and what is not, and when to include
and exclude has been a subject of much litigation of the court. In general, will the
land increase in value and usefulness because of the formation of the district and
improvements, It is obvious there would be no benefit to land in the lagoon. It has
all the water it needs. Gets it all from the ocean. For that reason they were asking
for exclusion.
The San Diego Gas and Electric Co., Mr. McGinnis continued, has this other land outline(
in green, in the City of Carlsbad. The officers of the company have met and decided
not to ask for exclusion of that area. It has an assessed valuation of around $130,000
They are perfectly willing that that strip of land, although used for right of ways,
etc., and may be the site of a unit for their generating plana and will permanently be
public utility land, be included in the proposed Improvement District #3.
For the foregoing reasons they have submitted, the Saa Diego Gas and Electric Co. asked
the Board to consider their request for exclusion of the lagoon from the proposed Improvement District 113 a
I
rip*# . Mr. McGinnis displayed the map and pointed out to the Directors, the area out-
I
I
The Engineer at this point stated there was not contained in their letter or attached
thereto, a legal description of the land they requested to be excluded. Mr. DeVore
advised he would prepare the description and present it at the adjourned regular meetinl
to be held on continuation of hearing.
President Kelly stated if there was nothing further to be said this hearing would
be continued at a later date.
Second: Mr. Paul Ecke, P. 0. Box 488, Encinitas, California. Mr. Ecke stated he
wanted to request thatall of his land, if possible be excluded from the proposed Improve
ment District C3.
I
At the time he sold his interest in the wells and his interest in the pipeline system,
the City of Carlsbad agreed to supply him with irkigation water. He said he was not
interested in sub-dividing or selling the land in the proposed district. As the City
of Carlsbad has agreed to supply him with water and he has pipes over the larger share
of the land, he said he would definitely get along without any water from the proposed
Improvement District.#3. However, he said if the district saw fit to exclude the larger
part of his landand take in the south and northeast portion he would not object to that
being included, but as he had no assurance, the only thing he could do was ask for ex-
clusion of all of it.
Mr. Eckes stated he did not know he was being included in the district and until he came
to the Board of Directors last meeting he was unaware that his land was included. He
stated he did however receive the notice of the informational meeting but ignored same,
which was negligence on his part. However, he felt that the way his land was being
included and Terramar excluded, there was no equality, and all he could say at the
district.
Mr. Ecke said he would be willing to cooperate with the Board. He would come back with
a legal description, but for the purpose of today he had a map. Mr. Ecke showed the
board the land, joutlined in red. He said the whole area is piped and he has .all the
facilities in and there would be no benefit whatsoever in including this land, and that
if it were, the taxes would run him out of business, a business that he had built up fox
forthy years.
Mr. Ecke asked the Board to give consideration to his request and to advise him when
the continuation would be so that he could be back, or have his attorney. He said he
had gone to all the expense of putting in his own pipeline and facilities and had all
of the water he needed, so he felt the Board could not show where his being included
in this proposed Improvement District #3 would be .of benefit to him.
After discussion, the Board advised Mr. Ecke the hearing would be continued in order
that they may give some more thought to his request.
Third: Mr. Carroll Kelly stated he would like to have a portion of his land excluded.
He had previously submitted a letter before the meeting, said letter being marked
Exhibit "G". President Kelly read Carroll Kelly's letter to the Board, in which he
asked exclusion for that portion of land located near El Camino Real and Vista Way
which lies within the City limits of Carlsbad. One third of the parcel lies within
the City limits and two thirds in the County. W.. Kelly stated he was about to concludc
a lease on this portion in the City with Reldon, Inc., and their engineering provides
a water main to serve both of their holdings west of El Camino Real and that portion
of his in the City limits.
Director Carnohan asked Mr. Kelly about how many acres this would be, and he replied
approximately 45 or 50 acres.
After lengthy discussion Director Carnohan recommended this request be considered along
with the previous request at the continuation of the hearing to be held April 26, 1960.
President Kelly then asked if there were any other requests for exclusion.
Mr. Kalicka was present and stated he didn't know if he wanted to be excluded or not,
&Rat he had a few points he wanted cleared up.
Mr. Kalicka stated they owned approximately 220 acres. Part of it across from the
airport, part is presently served by the City through a line from Bill Cannon's and has
water. Part of their land is taking water that comes down El Camino Real. They have
50 acres leased out, and the rest is just sitting and they have no intention of doing
anything with the property.
He stated he was very much in favor of progress and felt these things should be done
but questioned if it-would be of benefit in the immediate future outside of to those
who are farming, and he was not a farmer.
He was advised that while he didn't plan to do anything with the land, he couldn't help
but benefit from it and if he was excluded he would be taking a free ride and improving
the value of his land at no cost to him. This will develope the whole area and be of
present time was he could not afford to assume the tax bill for being in that proposed
I
I
$.:
ultimate benefit to him.
Mr. Kalicka said his main question was the timing of it. He definitely felt water has
to come, but questioned the benefit of it to him if it was now.
Mr. Bonn stated he had a question and that was that we are having trouble in satisfying
water customers in Improvement District #2, without adding Improvement District #3
and that it seemed a shame to add another problem without solving the present problem.
I
President Kelly replied the reason the Board has proceeded toward the formation of
Improvement District 113 is that the Carlsbad Municipal Water District had received a
number of requests for service in the general area of this proposed Improvement Pistrici
#3. Prior to setting the date for the hearing and any formation action taken, the Boar(
held a meeting at which time all of the property owners were invited. An attempt was
made to cover all property owners. The meeting was held and the matter put before the
people in attendance. There was an unanimous vote to go ahead with the formation of
the district. President Kelly said the Board regreted they have other problems which tl
are going to resolve, but didn't think we could hold off service to proposed Improvemeni
District 83 on the basis they have other problems. People in proposed Improvement
District #3 are entitled to the same consideration as those in Improvement District #2.
President Kelly asked if there was anyone else who desired to protest the formation of
this district, other than those who had already protested. There were none. He then
asked if there was any other person who desired to speak in reference to the formation
of the improvement district.
After discussion, upon motion of Director Coe, seconded by Director Carnohan, it was
moved that the hearing be continued and adjourned to April 26, 1960 so that the Board
of Directors will have time to consider the testimony.
1
Attorney Burton Mr. Burton stated he was representing some clients who owned land soutl
Shamsky of the Batiquitos Lagoon who were desireous in being admitted in the
Carlsbad Municipal Water District. Presently they are in the San
Dieguito District and would like to know what the policy would be for the annexation of
the land which represents about 80 acres south of the lagoon. Also what inclusion fees
and other expenses would be required for inclusion if the Board decided it was feasible
Mr. Shamsky was advised by the Board it was a problem that would have to be taken under
consideration as it is one that effects thewhole system of Improvement District #2,
whether the lines that are already built are sufficient to handle this extra land.
Attorney. Swirsky advised the Board the law provides that the Board may establish all
policies for any inclusion or annexation fees. He said as the Board has 'never adopted
any particular policy in reference to annexation fees it is something that they will ha1
to consider.
Director Carnohan stated they could tie into our nearest available supply of water at
their expense. The engineer asked if it was their intention to construct a line to
replied they would build them according to the District's specifications and turn them
over to the District.
After discussion, upon motion of Director Greek, seconded by Director Carnohan and
unanimously carried, it was moved that the forementioned request for annexation to
Carlsbad Municipal Water District be taken into consideration at our next regular
meeting, May 17, 1960, and in the meantime Mr. Shamsky is to provide the Board with
the legal description of the property.
service this property, owned and maintained by them or by the jlistrict 6 Mr 8 Shamsky
I
Summer Water A letter was read to the Board, signed by Max Len, Dan Wiegand and
Problem Lyle Bonn, requesting that the Carlsbad Municipal Water District provide
reasonable storage space in Improvement District H2 for water surpluses
to meet the immediate demand.
President Kelly asked Mr. Bonn who was going to pay for this storage. He advised it hac
been the thought of the Board that they look to some over-all storage that will handle
of California, therefore, for the present the only thing is for the growers to build
the whole problem, He stated we can't build cheap storage under ,the laws of the state
little reservoirs of their own.
The engineer stated he felt Mr. Bonn was fully aware of the problem and would probably
concede that the only thing we can do for this summer is what we are doing, but we want to get on with a permanent solution and get this permanent reservoir constructed as
early as possible, and he felt the wording in the aforementioned letter was intended
to convey that meaning.
Director Carnohan pointed out toMr. Bonn that for the last two years the Board had
been considering and studying this problem of storage. They have run surveys of Hinton
Dam Site, Santa Sinforosa with the result they were not feasible and are Considering
one now they believe to be feasible.
President Kelly said he would like to ask our engineer if he had been able to make any
sort of estimate as to how soon we could build the reservoir, and if it could be startel
right now could we get it done by next summer. .The engineer replied he believe that we
could. As far as doing the engineering, getting bids and building, we can do that with
in the time mentioned by President Kelly, providing we have no significant delays re-
sulting from financing. We can do it: out of revenue, but have to have the authority to
build. Namely, build out of revenue bonds still requires an election in the District, and borrow on an open loan. He stated it is possible to proceed with the surveying and
engineering actually in advance of an election, but in order to do this have to have
confidence the election is going to carry.
President Kelly stated he believed this could be shared by Improvement Districts 82 and
#3. If take the City of Carlsbad in it is doubtful it would pass. The question came
up at to how the City would be charged their share of this. The attorney was asked if
there would be any legal difficulties if we should put on such a bond election, and
bond Improvement District #2 and #3 to build this reservoir. In a way it would be
insurance to the City. Could we surcharge the City? The attooney replied that legally
we could. In effect what we would be doing is forming Improvement District #4. The
reservoir is a general District facility. All the land would be benefited.
The engineer stated he thought the most direct solution was to include all the area,
which would include the City, and wondered if there would be such a big problem on the
City favoring it. On the last bond issue voted in Improvement District #l, $1,350,000.
Board asked for what they thought they would need, and cancelled $100,000, when they
found they didn't need it, thus not saddling taxes from surplus they didn't need.
President Kelly said he sincerely thought it wouldn't go in the City as they are loaded
with so many of these bond issues. They have Calavera out there now and he felt there
would be a lot of objection, and if we are going to solve this problem we can't wait
for bond issues to keep failing.
I
1 was voted, $1+!50,000, was sold, This should demonstrate to the voters that this
The City engineer was asked if he though such a bond election would go over in the
City. He replied that with the recent school and sewer bond issues failing, hejwould
say "no". The District engineer pointed out that if the District built this reservoir
it would give pressure water into the City and could save present treatment and pumping
cost .
It was decided to refer this to the water prpblems committee to try to come up with
some answers in the very near future.
SDCWA Report Director Carnohan reported on the annexation of the Olivenhain Municipal
two big islands right in the middle of it. Some people didn't want to go into the
the district. Actually it was for the purpose of keeping water out, but if they want i.
say 10 years from now they will have to go back and pick up all of the back taxes.
Director Carnohan reported progress on second barrel was nearingjcompletion. I
Water District to San Diego County Water Authority, and said there were
Director Carnohan reported progr.ess on second barrel was nearing completion,
He also stated that .all the work -on cl service connection has been completed. Carlsbad
Municipal Water District put up a deposit of.$13,000.00. $7,931.81 was chargeable to
this Pistrict for our share, and refund is being sent for the balance - $5,068.17.
Director Carnohan also advised the Board our tax rate on San Diego County Water Authorit
is now up to .16$ per'$100.00 assessed valuation. %he assessed valuahion now is a littl
qver'one billion in the County. If this goes up, the tax rate will come down. In 1980
figure .our tax rate will be.about 10~ to 10%. 1 Connection Pipeline Superintendent told the Board a Mr, Lux who oms .49 acres of land
1oca;ted south of Improvement di district #" distribution system. The superin-
tendent showed the Board on the map-posted on the wall the exact location. Mr. Lyx
would like to know how he can go about getting water on it. He is approximately 2500 to
3000 feet down from where he would connect. He intends .to build 2 houses and do some
farming.
After discussion, it was .decided the best-thing for him to do would be to build a tempor;
line down.
Resolution After discus.sion, the legal counsel read a RESOLUTION OF BQARD OF DIRECTORS 01
No. 109 CARLSBh "ICIPAL t38TER DISTRICT ORDERING THAT NO ELECTION SHALL BE HH;D IN
DIVISION NO. 3 AND DIVISION NO. 4 .OF THE CARLSR& MUNICIPh WYJXR DISTRICT IN
ACCORDhXX WITH SECTION 4.1,. MUNICIPh WES DISTRICT ACT OF 1911, AS ABENDP AND DIRECT:
SECRETARY OF THE BOARD OF DIRECTORS TO REQUEST THE @ARD OF SUPEXVISORS OF Sh DIEGO COUl
TI) &POIMT FRED W. MAERRI;E AS DIRECTOR FRm DIVISION NO. 3 'OF SAU) tJipTER DISTRICT AND
RICHARD R. COE AS PIREGTOR FROM DIVISION NO. 4 OF SAID "ER DISTRZCT. On motion of
adopted by the following vote.
Director Carnohan, seconded by Director 'Greek, the said resolution was numbered tt109tt ani
AYES: Directors Kelly, Carnohan, Coe, Greek, Maerkle
NOES: None
I ABSENT: None
- Screens for After discussion, upon motion of -Director.Greek, seconded by Director Carnoh:
office and unanimously carried, it was moved that -the pipeline superintendent shoulc
secure screens for the office.
Raises in salaries After discussion, upon motion of Director Carnohan, seconded by'Direc
Employees Maerkle and unanimously carried, it was moved that Thos. H. Tucker's
salary be raised $40 .OO per month, and Evelyn '0. Lund I s be raised
$25.00 per month, this raise to be effective the 1st. Of May, 1960.
The attorney advised the Board he was working on draft for proposed resolution regarding
change in water rates. He suggested a notice be sent all water consumers advising them
what"the Disfrict had come up with, and that a resolution would be considered for adoptic
at the next regular meeting.on May 17, 1960. In this way -anyone who had comments to
present to the Board of.Directors, they could do so at-this meeting.
The meeting .was declared adjourned at 5:45 P. M., to 2:OO P. M. April 20, 1960.
<
I ATTEST :
+e,,/ L. &j &L
Secretary of the' Board of Rirectors
CARLSBAD MUNICIPAL W%TER DZSTRICT
AFFIDAVIT OF POSTING
I
STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO:
: ss.
RICHARD R. COE, being first duly sworn, deposes and says:
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 he is now and was at all times herein mentioned the duly elected
and acting secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board
of Directors thereof.
That on April 19, 1960, he securely and conspicuously posted near
the door of the office of the Board of Directors at 2698 State Street, City of
Carlsbad, California, the regular meeting place of the Board of.Directors of
the CARLSBAD MUNICIPAL WATER DISTRICT, a copy of the attached notice of
adjournment of regular meeting of the Board of Directors of Carlsbad Municipal
Water District, said attached copy being in all respects the same as the I notice posed, and said copy made a part hereof.
I certify under penalty of perjury that the foregoing is true and
correct .
Dated:. April 19, 1960.
A &4?&J)pC& j/
I ~
RICHARD R. COE
~~
I
NOTI[C% OF ADJQURNWElrr OF W3JLA?t WETIW
OF
3WRD OF D3JWTOM OF
CBBLSW WGXPAL WAm DXSTRltGJ:
I
Zn accordance with Section 54955, Government Code, of State of California,
notice is hereby given thaP the regular reeetfng of the Board of Dfrectors of
Curlsbad Municipal Water District held on April 19, 1960, has been adjourned
to 2:OO o’clock P. M., April 20, 1960, at the office of %he Carlsbed Plunfcipial
Water District at 2698 State Street, City of Carlsbad, California.
Dated: April 19, 1960
”
,/ 1. /&&-i.ep p@&
BIcHAaD ;Le, COB SeCr8%aYy Og BOarPd Qf X)&rlesctOPa of Cetrlsbesd Municipal. Water Dtstrict
1
I