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HomeMy WebLinkAbout1962-04-10; Municipal Water District; MinutesMINUTES OF ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS OF WE CARLsBb MUNICIPAL WATER DISTRICT HELD ON APRIL 10, 1962 AT 2:OO P.M. AT THE CITY HALL ANNEX, 2960 PI0 PIC0 DRIVE, CARLSBAD, CALIFORNIA The meeting was called to order at 2:07 P.M. by President Kelly at the City Hall Ann with Directors Carnohan and Maerkle present. Director Greek was also present in the audience intermittently. Also present at the meeting were Acting Manager Kubota, Legal Counsel Smith and Office Secretary. Also present at the Board's invitation we interested property owners from the Agua Hedionda and Canyon de las Encinas drainage basins. (See Exhibit "A"). President Kelly explained the reason for calling this meeting was to bring the prope owners up to date on the sewerage program and to present an alternate plan which has been suggested by the County of San Diego. Jack Kubota, Acting Manager for the District, took the floor and displayed a map of areas on which he outlined the two proposed routes which are now under consideratior by the Buena Sanitation District. He explained the first proposal which was made bj the County was to bring the line from Buena thru Los Monos Canyon and down the Agua Hedionda Basin to the point where the sewer line is to be built by the City of Carl: Under the new proposal the line would be constructed from a point in the Buena Dist~ and would be routed down the Las Encinas Canyon to the sewer plant to be constructec the mouth of the Canyon de las Encinas. He further explained that this alternate PI posal has been brought to the Board of Directors of this District by the County and the Board felt that the property owners should be given a chance to review this pro] Director Carnohan inquired in regard to the line proposed to come down the Las Enci~ Canyon, with Buena building the line in total what the cost would be to the propert] owners in the District who wish to hook on as opposed to the Joint Venture Agreemenl Mr. Charles Oldson, Sanitary Engineer for the County of San Diego, stated that the County is willing and anxious to find a suitable route for the Buena area by either method. If Buena did build the sewer route with their own funds it would be sized I U that the surrounding areas could be served as far as capacity, In accordance with U existing agreements between the City of Carlsbad and the Vista Sanitation District sewer plant capacity would be down on a contractual agreement and should these propc ties wish to hook into the sewer system they would be in the Carlsbad service area q Carlsbad would have the option of requiring annexation before allowing the area to participate in this line. Mr. Clarence Dawson stated they are not represented by anyone and are not in the District and do not agree to this proposed Carlsbad service area. He further statel that they violently disagree with the proposed line and will resist any effort to destroy Los Menos Park by running a sewer line down the canyon. In answer to a question by Director Carnohan concerning the City of Carlsbad' posit should Buena build the line, Mr. Oldson stated there is no agreement between Carlsb and Buena and the County is not involved in this. They are under contract; to perfo engineering services for Vista and Buena Sanitary District and are only directly interested in growth and sewer planning. Concerning the Carlsbad service area, he pointed out that Carlsbad by constructing treatment plant has the guaranteed service area which gives them an over-riding jurisdiction. The City of Carlsbad is maintaining a prior right for the treatment plant and by so doing would have jurisdiction over this back area. Buena is a sepa entity not involved in the Vista-Carlsbad pact. In answer to the question of cost comparisons for the two routes, Mr. Oldson stated the route going down the Las Encinas Canyon is a little more expensive to Buena. Mrs. Marjorie Borsum asked why the property owners would have to annex to any of th agencies and why they couldn't join in and pay their proportionate share. She stat they did not -agree to their joint venture or anyone having jurisdiction over these I President Kelly explained that first the City of Carlsbad is building these faciliti of a size to accommodate the entire area. In so doing that they feel that when the area wants to use these facilities they should pay their share of these improvements in back taxes. Under the strip annexation plan everyone in this area will get a fre connection without having to annex to the City, but if the landowners would subdivid they then have to annex to the City. He stated he would be agreeable to this policq if the City can make a hard and fast contract. City Manager Slater took the floor and read the policy which was adopted by the Cit) Council as follows: "One ownership within the land traversed by the annexation stri will be allowed one free connection to the trunk line. At the time a request for another connection is made, annexation of all sewered lands will be instituted. ThG initial connection fee of land outside the present City limits will be the same as 1 which is charged within the City. Such fee will increase, the method has not been determine, to an amount that would approximate the City tax rate which has been in effect during that time .I' Graham Kelly inquired if the outlying property Owners would be required to pay a pol tion of the City's prior bonded indebtedness. City Manager Slater assured him that City can at the time of annexation put a condition that they would not have to pay for any bonded indebtedness in which the City was then involved. Graham Kelly stated that he understood the District has an option to acquire the se.r treatment plant site on the Schuyler' property and asked whether a Buena-Municipal Plant could be constructed on that property. Mrs. E. C. Yourell inquired as to whether a pumping station would be required for tl proposed route. Mr. Oldson explained that a pumping station will be necessary for either of the proposed routes. Mr. Charles Baird asked what the annexation fee would be for the lands coming into City and was assured by the City Manager that there would be no annexation fee requ It was Mr. Baird's suggestion that the line start at Carrillo Corners. Graham Kelly inquired as to the possibility of the District entering into a contrac with Buena for a service arrangement and forgetting about annexation. Clarence Dawson broached the question of how binding the contract is between the Vi Sanitation District and the City of Carlsbad which sets forth these spheres of infl Mrs. Georgia Bennett and Mrs. Nellie Cilley inquired if their properties would be i cluded in the Agua Hedionda Basin proposed line as their properties are located nex to the old Carlsbad Airport near the present City limits. After locating their pro them to come in on the line when Carlsbad and Vista builds it as their properties a on the border line and out of the actual Agua Hedionda watershed. Mrs. Marjorie Borsum observed that there would be instances where if a connection ~i to be made on the property they would have to go thru another person's property. S asked if there would be any way to have the distances equalized between the connect as was done by the Municipal Water District with the water line. Mr. Lyle Bonn stated that he and his clients have been pleased with the operation c the District and that he actually believes if an equitable payment were arranged wj annexation it would be more acceptable. He further stated that he felt it is premz to consider annexat ion. Clarence Dawson pointed out that there would be properties which could be served bJ proposed lines and could benefit but could not connect to the City of Carlsbad undc the annexation p 1 an. President Kelly explained that he has given a strip clear around his property for 1 strip annexation in order to show his good faith and to give the City a firm commil I I perties on the map, President Kelly pointed out that it would be more economical fa I ,, Irwin Kelly brought up the problem of the property owner who is some distance from the main line and the adjoining property owner refuses to allow the line to cross his property. It was pointed out that in such cases the legal rights of eminent domain could be used to condemn a sewer line easement. Legal Counsel Smith, in summarizing the discussions, pointed out that the main purpc today is to decide to what extent the property owners wish to have the Carlsbad Muni Water District serve them. The main thing we are concerned with is the question of do we want sewers. Lyle Bonn stated that, representing three property owners of 800 acres, they would 1 to have sewers without joining the City of Carlsbad. Graham Kelly stated they wished the same for the Mesa Line. Mrs. Marjorie Borsum stated she would like the Carlsbad Municipal Water District to deal with the other agencies as an entity. Legal Counsel Smith stressed the fact that more information needs to be known regarc the Carlsbad-Vista Joint Venture. He suggested that improvement districts could be formed for study on these lines after which you could submit a bond election on the matter. Mr. Charles Baird asked if some action could be taken today to get this study. I handle it without any other obligations, if you can represent the property owners tc After further discussion, upon a motion initiated by a member of the audience, Mr. Graham Kelly, and seconded by Mr. Stewart White, it was moved that the Municipal Wa, District study the sewering of the Agua Hedionda Basin and Las Ekcinas Canyon in cooperation with Buena and Vista. A poll of the audience indicated unanimous appro- of the motion as stated. Clarence Dawson called attention to the fact that Los Monos Canyon will become a wildlife study area and will be owned by the University of California, Mr. Warren Barney from the County Sanitation Department informed the Board that Bue has already asked for preparationof a bond report and the County has started the presentation covering those trunk line sewers that will be in Buena. He stated tha they would like to have an expression of opinion as soon as possible so that it cou be included in the bond issue report. Acting Manager Kubota asked that everyone present sign the roster in order to keep District mailing list current as the Board has attempted to keep in contact with th property owners on this matter. The meeting was declared adjourned at 3:40 P.M. I & k7 & ". CARLSBAD MUNICIPAL WATER ~ISTRICT Secretary of the Board of Directors CARLSBAD MUNICIPAL WATER DISTRICT I