The URL can be used to link to this page

Home My WebLink About1977-06-22; Municipal Water District; MinutesMINUTES OF THE ADJOURNED MEETING OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNIC WATER DISTRICT, HELD ON JUNE 22, 1977, AT 2:30 P.M., AT 5950 EL CAMINO REAL, CAR: CALIFORNIA: iu I The meeting was called to order at 2:05 P.M. by President MacLeod, with Director: Engelmann, Kelly, MacLeod and Uhl inger answering roll call. Director Maerkle ar at 2:lO P.M. Also present were Assistant General Manager Henley, Legal Counsel ~ District Engineer Kubota, Public Relations Consultant Mitchell (arrival 2:20 P.M Office Secretary. Mr. Bob Neely of the City of Carl sbad, Mr. John Blair of the of San Diego, Mr. Dave Chamberlain, engineer for Palomar Estates Mobilehome Park rival time approximately 2:50 P.M.), Mrs, Ruth Honnold of the League of Women Vo (arrival 2:15 P.M.), were also present. Notice of Adjournment Legal Counsel Swirsky stated that a Noti Adjournment from June 15, 1977, to today 2:00 P.M., was posted on June 16, 1977, within 24 hours after the adjournment of last regular meeting and this notice is to be placed in the official records. Approval of Minutes No report Oral Communications from the Audience: San Di ego County - Engineer Kubota introduced Mr. John Blai Pal omar Sol id Waste representing the County of San Diego, whl Transfer Station then made his presentation to the Board garding the proposed exchange of a corne of CMWD property for the County's release of the right-of-way-for-road-purposes ' currently exists along the southerly edge of the CM\?ID property. Mr. Blair reque a grant deed conditional to their vacating their thirty foot easement and explai a timing problem requiring their counsel's opinion be in the mail by July 10, 19 Lengthy discussion followed concerning this proposal and its ramifications and L Counsel Swirsky then suggested that a grant deed could be issued by this Board, ering the site that they (the County) want for vacation of the existing easement subject to the right of the District to acquire "the strip" in the event of deve opment, lease, or sale of "the strip" (the strip being that piece of land that w. exist between the CMWD southerly property line and the proposed roadway to be bu. by the county) e This condition would have no credence if they do not buil d the proposed road. President MacLeod called for a brief recess at 2:51 P.M. to view the existing ear and the area for the proposed roadway; the meeting resumed at 3:02 P.M. Further discussion of the San Die90 County proposal took place. Engineer Kubotal has a copy of the EIR for this project, advised the Board that in the proposej rc there w? 11 be a 10" water main to be dedicated to CHWD, which would a1 so a1 low u: privileves to maintain the water line and would give us access to the back of o~dt property. Mr. Blair finally said that he will have to check with his sup\erio!-s I that possibly a letter of intent, signed by the Director of Real Property Departr of the County, coverin? "the strip," could be worked out in the interim, althougt Board of Supervisors would have the final say on the conditions covering this st1 as spelled out by Legal Counsel Swirsky. Mr. Swirsky then notified Mr. Blair th; the Cfl!JD Board will be meeting on July 1, 6 and 15, 1977, for other purposes, shc Mr. Blair be able to return with the County's decision on the CMWD alternative PI posal. Mr. Blair left the meeting at 3:14 P.M. Palomar Estates Legal Counsel Swirsky presented copies of Mobi 1 ehome Park draft agreement for the Board's review, a which Mr. Swirsky summarized the intent c the document, which has been reviewed and approved by Mr. Chamberlain, engineer f the developer, and Mr. Swirsky then recommended that the Board authorize the Pres and Secretary of the Board to sign the final corrected agreement. Director Kelly the motion to give the President and Secretary this authority, seconded by Direct Uhl inger and unanimously carried. Commi ttee Reports : S.D.C.W.A. !lo report Public Information No report I I Tri -Aaencies Pi pel i ne & South Aqueduct No report Water Conservation and Reuse Manager Henley asked for Board approval 1 distribute the baggie kits, already assen by the boy scouts , to CMWD consumers , i .e. A1 ta Mira, the three mobilehome parks LaCosta. Discussion followed concerning possible overlap of our efforts and tho: of the City of Carlsbad, because of the offer of Community Cause to distribute tk Spanish language brochures along with the kits , but it was agreed that, by coordi nating our efforts, duplication should be minimal and that distribution should tz place as soon as possible. Legal Counsel : I I CMWD/Ci ty Merger Legal Counsel Swirsky read two more lettt to be added to his file, from water custc in favor of CMIJD's remaining separate from the City; one was from the owner of Tt Rose Sales, Inc. and the other from South Shores Development Corporation, signed Mr. J. E. Robinson. Mr. Swirsky reported that he is still waiting for the transc of the public hearing which will be made available so the Board can render a dec. Water Rate Increase Legal Counsel Swirsky reported on a 1 ega' technicality regarding the adoption of tl water rate increase on July 1, 1977. Recent ordinances have changed the procedul somewhat and a "Notice of Proposed Preparation of Negative Declaration" must be I ten days before adopting it. Then we adopt the "Notice of Negative Declaration" have that posted and take final action fifteen days after posting of the "Notice Negative Declaration." In summary the initial posting was done Monday, June 20, which would make July 1 , 1977, the first day the Board can adopt the "Notice of I ative Declaration." He can then post that the same day, which would place the Bc in a position to adopt the rate increase, after the required time expires for pul comments, on July 15, 1977. Mr, Swirsky then recommended that today's meeting bc adjourned until July 1 , 1977, for the purpose of adopting the negative declaratic which requires only a quorum in attendance. Discussion followed and the time wa: for 8:OO A.M. Mr. Swirsky added that the regular meeting of July 6, 1977, would adjourned to July 15, 1977, for the purpose of making the rate increase effectivl that date. District Engineer: LaCosta Land Company Engineer Kubota reported on the completil Alicante Hills of this project and requested acceptance the offsite water system there and exone of the Bond No. B-015548. Director Maerkle made the motion to accept the water and exonerate the bond, seconded by Director Engelmann and unanimously carried. Public Information Pub1 i c Relations Consultant Mi tchell rep CMW D/ C i t.y Merger on his meeting with Bill Missett, editor the Blade-Tribune, who expressed interes the transcript of the public hearing since his reporter's summation of that even not in agreement with Mr. Mitchell's interpretation. General Manager: Communications Manager Henley reported that McKesson Ch for Board approval to assign our contract to P,lcKesson. Director Maerkle made th motion authorizing Mr. Henley to sign, seconded by Director Engelmann and unanim carried. Manager Henley a1 so reported a possible change of 01 ive Drive to Pi0 Pic0 or 01 i Avenue to something else, by the Carlsbad Planning Commission. Meeti ngs No report Operations No report Other Matters No report has purchased Georgia-Paci fi c Corps and I -2- June 22, 1 Adjournment At 3:55 P.M. Director Maerkle made a mot- seconded by Director Kel ly and unanimous' carried, for an adjourned meeting until 8:OO A.M. on Friday, July 1, 1977, for tf purpose of taking required action on the water rate increase. Respectfully submitted, I szL4cz/- &&/ President of the Board of Directors ,,e<$&& "" Sec? tary of the,/B ard of Directors I I - 3- June 22, 1' I "B NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN, in accordance with Section 54955, Government Code, State of California, that the ad- journed regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT of June 22, 1977 has been duly ad- journed to Friday, July 1, 1977, at 8:OO o'clock A, M., at the Board Room, CARLSBAD MUNICIPAL WATER DISTRICT, 5950 El Camino Real, Carlsbad, California. I Dated: June 22, 1977 4 CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors the L -I DECLARATION OF POSTING 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 23, 1977, and within twenty-four (24) hours after time of the adjournment of the adjourned regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT on June 22, 1977, he securely and conspicuously posted on the bulletin board of the CARLSBAD MUNICIPAL WATER DISTRICT, located at 5950 El Camino Real, Carlsbad, California, at the entrance to the reqular meeting place of the Board of c - - Directors of the CARLSBAD MUNICIPAL WATER DISTRICT, a copy of the attached Notice of Adjournment of the adjourned regular meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, said attached copy being in all respects the same as the Notice posted and said copy made a part hereof, I declare under penalty of perjury that the foregoing is true and correct. Executed on June 23, 1977, at Carlsbad, California. i g -&:T-\ ___ilr_ "PAUL s. SWIRSKY I". I