HomeMy WebLinkAbout1970-07-15; Municipal Water District; Minutes (203)*.
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PUEfLI bESAU SERVPCE AREA
FOR CITY OF CARLSEma
ZELD AT 5780 EL Crn4IXJD REAL, CA~SSrn,
C.XLIFOEFiIA, ON %XXESi?AY, JULY If, 1970,
. AT 2:oo P*FL
BEFORE TF! CARvLSBAD 2?IU3ZCIPAL ?%ITER DXSTEXCT
Present:
Fred W. L'Zaerli.1.e
William I), Camnichael Allan 0. Kelly Donald A, MacLeod John T. Palmem:
Jack Y. Xubota Paul s. Swirsky, Esq., Don Hartinson
President Director Director Di rector Director
District mnager
Legat1 CQUnSel Special Counsel
l7 I Reported by:
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MARTHA k. DIX, Certified Shorehand Reporter
CERTIFIED SHORTHAED REPORTXNG SERVICE
Post Office Box 582 -oceanside I CaPifsrnia 92054, 729-1022
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POST OFFICE BOX 581, OCEANSIDE. CALIFORNIA, 92054
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CarlsSad, California, f?e:dxsdagt, July 15, 1970, 2.00 P.M.
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4 PRESIDEWF MAERRLE: We will now drop down to No. 4, :
5 our Public riiearing.
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public hearing for any fnterestea person to present any 8
' of Dire~toks of the Carlsbad Municipal Water District for a 7
This is the tim and place fixed by the Board
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. g P evidence for the consideration of the Board of Directors
10 of the Carlsbac! Municipal Water District in establishing the
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public stenugrapher, so that it is requested that the following 18
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that desire to be head (may present evidence. 16
in conducting Wehearing so that a13 evidence and all parties .15
The following general procedure will be followed 14
trict, 13
wholesale service of water from Carlsbad :44unicipaP Water Dis- u
primary distribution area for the city of Carlsbad for its
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A transcript of the hearing will be taken by a
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procedure hc followed :
Anp~ *at desires to testify will be first recog-.
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ed by the Secretary of the Board, after which time the 22
nfzed By the chair and then will take an oath to be administer-
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interested prson will be allowed to ask questions. 24
individual my testify. After the person testifies, any
25 I From a procedural standpoint, the Eollowing I
26 I order of testimony will be used:
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POST OFFICE BOX 581, OCEANSIDE. CALIFORNIA. 920%
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-3 I 31 1 order of testimony will be wed:
2 No. B, testimony by legal counsel in reference to
3 authority and jurisdiction for the hearfng,
4 l?0- 2, testimony oE District Manager on his
5 findings and recommen4ations.
B 6 140. 3, testimony of any interested person or perso
7 on the isaie in question. I
.4' 8 After a11 interested parties have testified,
' g the public hearing will be closed.
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The evidence of the hearing will then be taken
under submission by the Board and after a review sf the
transcript by the 3oazd and Staff of the District, together
wit31 all other pertinent fnvonnation, the Board will subse-
quently render a decision of the matter,
ft would be appreciated if all parties would abide
by the proposed procedure so that the hearing may be conducte
in ern orderlly manner.
~t is requested that the Legal counsel and the
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with the hearing, . 20
District Manager of the District take their oath amd proceed
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(Mr. Swfrsky and f-lr, Kubota were duly sworn by
tile Secretary . 1
PRESIDENT MAERKLE: The first witness will. be the
legal counsel,.
FIR, SWSRSKY: Eay. Chairnan, S would just like to review
the jurisdiction part of thi5 procedure. The Board adopted
POST OFFICE BOX 581. OCEANSIDE. CALIFORNIA, 92054
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a ResoPut%on known as RC!SQfQtiOn NQ. 251 on June 17, 1970,
entitled, "A 3esoluti~n of the mard of Directors of
Carlsbacl ffunieipaI Mater District initiating Proceedings
to establish a Primary Distribution Area for the City of
Caxlsbad 9i~ accordance with Ordinance 130. 26 of the Carlsbad
Edaznicipal F?atcr ~istrict". In said resolution, the
Board of Directors did set Jury 15, 1970, 2:50 o'clock P.M.,
at this boardroom as .the time for a pSlic hearing for any
interested person eo present any evidence for the consideratic]
091 the Board of Directors of Carfsbad Xunicipal. Water District.
in establishing the prirrraey distribution for the City .of
Carlsbad for its whobesale servics of water from Carlsbad
&%.micipal 'h%ter District,
This resolution was in3tituted as a result of a
report prepared by t!ae District Xanager,&ted March 30, 1970,
setting forth his facts and recommendations for establishing
the area. Following through with the resolution, the copy
of the resolution and a copy of the report was mailad by
our special counsel to the City Attorney and to Mr. Leroy
Wright, the Special Counsel for the City of Carlsbad, on
June 23, 1970,
Also, in accordmce with the resolution, a Pfo45ze
of Hearing was duly published in the Carlabad Journal. on July
2, 1970.
The official records oE the District do include
a date of publication of the Notice of flearing, signed by
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POST OFFICE BOX 581. OCEANSIDE. CALIFORNIA. 92054
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addition theret5, the copy of the Manager 's xeport, dated 2
aarlotte Dunne on behalf c:f Lhc Carlsbad ~ourmal; in
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District have been available within the District Office 4
March 30, 1970, and copies sf Ordinance No. 26 sf the
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corxevpsndence in reEerence to this particular hearing. 7
As of this tiroe, 4;?e District has received no 6
far inspection by any interested party.
8 That would ce~clude my testimny,
*9 MR. KUWTA: Hz. Chairman, Members of the Board, Ladies
10 and Gentleaen, by way of testimony at this public hearing,
11 1 would like to e-nce with a brief history of this
12 I Municipal Tgater District,
13 T?e were fumed in 1954 to fqlement a plan
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area, After fornation, we concluded contracts with the City .15
whereby Colorado River water would be brought to our service
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16 sf Oeeansidfi? %?hereb>y axis District' furn%shed water 'to two
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assumed the operations of both of the aforementioned private 26
In that same year of 3.957, the City of Carlsbad 25
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the CarPsbad Xutual Hater Corttpany and the Tenrmar Water 23
area into the District and directly into ff~? service area of 22
was esnstsucted from Escondido - I'm sorry - the San Marcos 21
of ir, excess of one rLPlion dollars whereby it main pipeline 20
bond issueo this District hplemnttsd a construction program 19
, and the Terrarwx water Corcpany. Pn 1957, after the successful. 18
private water companies, the CarPsbad Hutual B?ater Company..
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POST OFFICE BOX 581, OCEANSIDE. CALIFORNIA. 92054
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water companies and becane a customer of the Carlsbad nunidpal
water District, I'
3 The.areas of .t%e Cistrict outside of the service
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areas of *&e L:so private water companies which the City
took over were CQXIEXXIC~~ retail water service irmdiately
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~ upon the availability of water: from our m+n pipeline.
. subsequently, in 1959 - wiL% your perrclission, I'd
like to go to the exhibit map, if I may - at the request af tke
property owners, this District formed a local Improvement
Dfskrict No. 2, and for geographical purposes, X'll describe
Et as *.e area SP our- District sola# of what is now %he
P~SQXI~~ MrpcPrt Road. UPOR LLne initial construction, we
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of fnnprovewnt District Eo. 2: The fs3.I.mi.q year, 1960, 14
provided complete retail water service to ais entire area
our District north of Palorir Airpork Road and east of thg: 17
formed Improvement District No. 3, which is b\e area of 16
at the requask again of #e property owners, this District
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service area of the Carllsbad Hutua1 Mates Campany, whose
successor was the City of Carlsbad. 1 2o
FIR. SWIRSXY: Mr * Chainan ,. f might, for the record 1
21 because she is taking this down - Jack, would you just
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NR. KW28TA: Yes1 this map is a display map depicting 24
generally includes? 23
identify the exhibit you're looking at, the map, what it
the entire District boundary, the boundaries of our local
26 InprOVeme?nt District NO. 2 and NO- 3, the existing Service L
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.. .. posT OFFICE BOX 581, OCEANSIDE. CALIFORNIA, 92056
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p areas of the City sf Carlshd and tihe pacoposad service
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area of the City of Carhsbad, which is the subject of this
hearing.
Upon the completion of construction oE OUT
pipeline facilities in Improvaxvmt Dis'lrict No. 3, our
District, since 1960, has been in the retail water service bu
neSS i3l bO&h Of QUP local iiII~~OVC?R€3lk diStXi(ek3,
By way of statistics, in fiscal year 1968-1969, th
City of Caslsbad took delivery of ;fifty-scven per cent or
our total water sales an6 the District sold fortythree
per sent of the total, which amounted to six thousand five
hundred and eighty-two acre feet of water.
Fiscal year I'P69-'70, which just closed two
weeks ago, the City took delivery of fifty-four per cant of
our total water sales, We sold at our retail -- at our
retail level forty-six per cent of the total sales of seven
t?ousand three hundred and eighty-five acre feet.
Essentially, we are approaching selling almost
an equal vsfunte of water as &e City of Carlsbad, our one
~h~lesaler. Now, I'd like to describe to you the proposed
plan of establishing a service area Eon: the City of Carlsbad.
Essentially, it provides for the continuation of water servfc
by this District of oua: current Inprsvement District No. 2
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and No. 3 system with adjus-ents along the comm~n boundaries
and, in addition, certain engineering and hydraulic 26
that XIOW exist to take int~ account. topographic features,
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA. 920.54
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characteristics of our reszective water system. The report
that has beenFesented to you in writing describes each ctf
the areas and unless there is any questions at this point,
I would rely upan %\e reference to the actual document.
MR., WIRSKY: If I might, just for clarification because
of &be record' she has to identify them, SO would you identi-
fy- &%e exact area involved and served by the City of Carlsbad
FIR. PCUBOTA: All right* Fin@*
EIR. SWIRSKY: hnd the additional areas which you have
fn green there?
MR, Ker30TA: All. right,
kitiliafng the cxihsibit: rwp, starting from the
south boundary sf tho City's proposed service area and wsrkin
northesly, in the area.of..tlhe Encina Water Pollution Capafxol
vacility and the property south of PaPsrnar AirpQrt Road,
we are proposing a detachment fro= our Improvement District
NO, 2 into the City of Carbsbad service &rea. We d~ SO
because the City of Carfsbad is already serving the Water
Pollution Control facility.
To the east cf the freewayl we have chosen as a
bOund+:ry line the norL\Westerly pQrtiQn Of the Canyon de hS
Encinas drainage channel 88 a natural boundary for our ser-
vice area e
Hoving northward into the: headwater area of the
Agua Eediondo Lagoon, we propose a detachment from our
Improvement District No, 3 to the City 02 CarPsbad of all of
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POST OFFICE BOX 581, OCEANSIDE, CALIFORNU, 920%
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our service area which would lie northerly .andtasstcrly of
tihe Auga Hedionda drainage channel. This channel has a
preliminary alignment at this time; however, we would
attempt to identify it precisely at whatever -- at whatever
time the channel improvement was actually to take place.
&loving northerly, there is a proposed detach-
ment from our Xmprovement District No, 3 of *e mesa area
easterly of El Camino Real and n~rtherly of Kelly Drive. The
City sf Carlsbacl currently has an existing subdivision area
they now servee This subdivision is known as El Caanincl Mesa
subdivision and the area that is proposed to bedetached is
delineated because ~f continuity of the focal distribution
system that has already Been started.
The final area that is proposacl to be detached
Prom Improvement Cistrick No. 3 is a canyon area south and
west of the South Coast"Asphalt Company's --
MR. SllRSKY: Existing plant?
MR, HCUBQTI$: Yeso They have CQ~CZ-&~ and a lot of
19 things there. I 20 gain, ~a the -basis of the extension Uf the city
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of Carfsbad water system along the Vista Way Freeway, it
is hydraulicelly more practical for the City of CarPsbad
to sene eke area,
TQ summarize, the proposed service area recomendec.
to the Board of Directors by my affice envisions the maintain-.
ing of the Improvement Districts 140. 2 and No. 3 retail
POST OFFICE BOX 581, OCEANSIDE, CALIFORNIA. 92056
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logical boundaries on L!cs basis of topography ani! hydraulics 2
service areas of the 'District, but at the same time provide
3 for *C2 SySfXXll Of *Ci! city Qf CaxlSbad.
4 That will conclude my remarks, gentlemen, unles.s
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MR, SWHRSKY: ~r. Chairman, may 1 ask him me question 6
YQU have questions.
7 for clarifica'cion?
8 6 PWSIDE14T EY"AERYU : Yes. ?
'9 MR, SksltRSKKz Referring to $a@ Prop@Xty north Of r
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which is now located within the City limits, is "chat presently 12
is now located in -the City limits but is -- bet's just say 11
Improvement District EO. 3 and east of ~l camino mal, which
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on its existing program?
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MR, KEJBOTA: NO, no, sir.
&Et, SWXRSRY: SO, fn effect, UIiS would b@ aZXkfP@r ad-
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MR. KUSOTA: That is correct. 18
dition?
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MR. KUBWA: That is correct, insofar as the -- what 20
MR. SRIRSKY : That would be Eadiied to their area?
21 we calf the annexation by the City, at the time the South
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the middle of the proceedings. I just might point out to 26
I. the Xayor and City Manager came in'when you were about in . 25
Ea. SWIRSKY: Mr. .Chairman, befare Jack sets down, I thir>k 24
time €or the City of Carlsbad kc8 serve that area. 23
Coast Asphalt plant cam in, there is no agreement at this
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P them the proceedings arc king conducted that if anyone in
2 khe audience desires to question the witness while th@y"Pe up
3 $here, a@yarE! EiOre aaKl fXX2E! to do SOI Qk the32 Offer testf-
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if there, is any questions sf Jack befare he sits down. 5
m~ny yourself at a later time. I'm just pointing this out
e 6 M?L~~R BL'NNE: ?he
7 HI?. KUEOTA: All ri~ht, fine,
8 PRESIDEMT HAERKLE: Is there any other party who
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~IWR DUEWE: !&* Chafman, just make a brief state- 10
desires to testify?
11 mentp if f may,
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PWSIDEHT !WP,KLP;: : Surely.
PAYOR DUNNE: The ratter which is before you today was
discussed with the Chafmnn and 4;ha PZanager of the Water
District, HE. Arnold sr?d myself, and we made no commitments
for or against this *Aing, and it wmPd be rather happropria
for US $0 dQ so# became miS iS ip matter Which OW COUncil
would have ta consider and sake their decisions and their
necomendatfsns,
3E think. perhaps -,re need furL3er study on it as
far as the City is concerned and &!e City's position. I
don't want to be an obstxuctionist, I think this is a step
in the right direction. At least we're making some decisions
as to areasp and this is something we have never been able
to do In the past,
Of course, in a way, this is unilateral action,
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POST OFFICE BOX 581. OCEANSIDE, CALIFORNIA. 920%
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and sa with Lhase brief remarks., X'1.I just leave it on that 2
but on the! other hand, I dsrl e t: know any other way you can go,
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the Council and if somebody frompur Staff would like to 4
basisp E49. chair ma^, ant? say that we will present this to
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to hear them. X donet mean to hold up my of your action 6
come ana give Wm%r opinion at that time, weSd be delighted
I 7 today, Probably we caulda't if WE? wantad to, but we would
8 like to give our ideas on the SUbj@Ct after we've fully dis-
. g ? cussed it and StudieC it,
10 Mow, I'd suggest that since we got a full agenda
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ii the one after that would be an appropriate time for the -0 12
' , and a budget coning up on our next Council meting, probably
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maybe the City Hanager to make a presentation,
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Thank yotz very much.
PRXS'IDEHT MAERKLE: Tha& YOU V@q much.
16 MR. SWIRSXY: Xr. Chairman, if Z might clarify this,
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as far as this is concerned, no decision is being reached
today. This was jast a natter of calling a. ptabPic hearing
and taking testimonyp so the Distriek is not reaching a
decision today,
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MAYOR BrnT3E: I see. well, we will certainly Pike
to discuss it Eurther, Sometimes I feel that we're knocking
our heads together: kind of foolishly here. X'd like to
see something reached wheehar.gaad, bad or indifferent.
For OX reason, we're all taxpayers, practically all of us
in the City of Carlsbad, and whak action we take affects you
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YOU can't argue with that at ~PB. hank you very much. 2
and vice versa, so we're aP% in the same boat togeeher.
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Ladies and Gentlemen, this is our new City 4
. PICESIDEMT MRm : Mr. Arnold, do YOU have any comments?
I 5 Manager, Jack Amdd.
8 ,6 XAYOR DONNE: Yes, X*m sorry. If I &y have "&e privilege
7 Qf fl'l~9OdUCfnCJ zw. Jack UXIOldl Who r@C@Xlely Cm farom
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Carpentexia and has taken over the heh oE the City of
Carlsbad as of the 1st of July, Do you, have anything to
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Fa. WW%OLF9: Not a thing, 3'n just listening. hl
Say# Jack?
The evidence presented will be taken under 17
closed. 16
If there is noner I declare the publric hearing 15
any party at this public hea~ing? 14
Is there any further evidence to be presented by 13
PP3SPDENT B'SEf;tXLE: Thank you very much for coming.
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and assistance and cooperation in the conduct of ehhs 20
~ a later time. X wish to thank all of you for your testimony 19
s~missb001,by the Board and a decision will be rendered at
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hearing. we will now proceed with the next agenda item.
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POST OFFICE BOX 581, OCEANSIDE. CALIFORNIA. 920%
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STATE OF CRLIFOR?xTA)
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COU3JTY OP SBN D3XGO)
1, MiXRTHA L. DIX, Certified Shorthand Re~>ort@r, duly
licensed by the State of California, do hereby certlpy:
That E reported in shsrthand the pmc;aedfngs had at
the meeting of the Boardl of Directors of the Carllsbad
Municipal. Water District held as herein indicated on the
315th day of duly, 1970; that my shorthand notes were later
transcribed into typewriting under my direction, and the
fsragoing transcript contains a full, true and correct record
of the proceedings had at said meeting regarding the subject
matter set. forth.
Dated at Carlsbnd, California, this 5th day of August,
1970 *
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POST OFFICE BOX 581. OCEANSIDE, CALJFORNIA, 92054
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