HomeMy WebLinkAboutSD 88-01; COSTA REAL MUNICIPAL WATER DISTRICT-LAFCO; 89-708671; Certificate of Completion, 8.9 70
SAN DIEGO COUNTY r-,cc
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OFFIC!, OF SA;$ Di LOCAL AGENCY FORMATION COMMISSION
CERTIFICATE OF COMPLETION
89 p€c i "Establishment of the Costa Real Municipal Water District
Please return to as a Subsidiary District of the I c;vf& .. ... - LAFCO @ MS A216 City of 'Carlsbad
Ref. No.' SD88-1
I I
Pursuant to Government Code Sections 57200 and 57201, this Certificate
hereby issued,
The name of each city ar;d/or 'district involved in this change of organ
rcorganization, all located within San Dieqo county, and the type of c
SE organization ordered for each svich city and/or district is as follo
City or District. Type of Chanae of Orcad
Costa Real Municipal Water District Establishment as a Subsidiary
of the City of Carlsbad
A certified copy of the resolution/ordinznce ordering this change of 0.
z2tion/'reorganization without an election, or the resolution/ordinance
firming an order for this change of organization/reorganization after I
firrration by the voters is attached hereto and by reference incorporztc
herein -
A legal description and map of the boundaries of the above-cited changc
organizstion/reorganization is included in said resolution,
The terms and conditions, if any, of the change of organization/reorgai
tion are indicated on the attached form,
I hereby certify that I have examined the above-cited resolution/ordin;
for a change of organization/recrganization, and have found that documt
be in cocpliance with the Coriunissioc's cesolution approving said changt
organizat ion/reorganizaeion -
I further certify that (1) resolutions agreeing to acc-ept a negotiated
chancre cf property.tax revenues for thfs jurisdictional change, adopte(
the local agencies included in the neqotiations, have been submitted tc
office, or (2) a iriaster property tax exchange agreement pertinent to tl
jurisdictional chanqz is on file,
C. -
Date December 6, 1989 -
Executive Officer
* 1076 *
1600 Pacific Highway - R
San Diego, CA 92101 - (619)
San Diego Local Agency Formation Co:
LAFCO
Chairperson
Brian P. Bilhray CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDN:
”Establishment of the Costa Real Municipal Water Distric
Subsidiary District of the City of Carlsbad”
(:ounty Iknrd of
Supervisors Subject: Members
Marjorie Hcrsorn Alpine Fire I’r(,tection District
Dr. Charles w’. Hostler
Mark J. Loscher of organization.
Certain terms and conditions are required by the Local Agency Form
Commission to be fulfilled prior to the completion of the above-named cf I’uhlic Meinhcr
vice Mayor, City of
San Marcoh
John MacDonald
Supcrvison I MARIA A. TISCARENO STENOGRAPHER
(Name) (Title)
(:OUllt~ lkJXrd Of
Stanley A. Mahr
Sa11 MJrcos (:oullt!. Water District
Fred Nagd
Mayor, City of
1.a Mesa
Abbe Wolfsheirner
do hereby certify that the terms and conditions listed below have been
met.
I. See Attachment A.
Couocilmcmhcr. City of San Diego
Alternate Members
Mike Gotch
I’uhlic Memher
Bruce Ilenderson (:orincilmemher. City of
San Diego
Gayle McCandliss <:ouncilwoman. City of
(:hula VistJ
John Sasso President, Horrego WJtcr District
Ixon L. Williams County I3oard of Will the affected property be taxed for any existing bonded indebtedn
Suprrvison contractual obligation?
No x_ if yes, specify.,, $- ~. y-”-.. Executive Officer
Jane P. Mcrrill
Counsel /g,& ’ //g- &?&@Zd,~
Signature Lloyd M. tlarnion. Jr.
July 25, 1989
Date
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TERMS AND CONDITIONS '
"ESTABLISHMENT OF THE COSTA REAL M.W.D. AS A
SUBSIDIARY DISTRICT OF THE CITY OF CARLSIBAD"
GOVERNING BODY
1. Costa Real will consent to become a subsidiary district of the City effecti%
no later than January 1, 1990.
Costa Real's name would revert back to Carlsbad Municipal Water District.
City Councilmembers will sit as the new district Board (ex-officio).
2.
3.
4. The current Board of Directors will assume the position of Watt
Commissioners. The Commission wili appoint officers a iid committees in
manner consistent with current Board policies.
Initial Commissioner's terms will expire as follows: 5.
Woodward January 1992
Henley January 1992
Bonas January 1992
Maerkle January 1994
Greer fanuary 1994
6. The District Board (council) will then reappoint members for another 4 yea
term, or appoint new members.
7. Commission appointments will be made by procedures currently used for th
Board. The 5 divisions will remain with 1 appointment made from eac
division when possible.
Commission meetings will be held the first and third Wednesdays of the month
With provisions to hold adjourned or special meetings as needed,
Commissioners will earn $ldO.OO per meeting, not to exceed $200.00 per month.
8.
9.
10. The Commissioners will retain all benefits currently received as Boarc
Members, through their initial term, as specified in #5 above.
Director's Benefits:
Health Insurance Health Insurance for Retirees (Spouse)
Dental Insurance
Eye Care Insurance (Spouse)
Life Insurance (Spouse)
Attachment A
Page 1 of 4
e 1078 *
11. The Board (Council) will hold meetings as needed in conformance w
regularly scheduled City Council meetings.
Commissioners wili continue to represent the District and attend functions
other organizations.
however, compensation will not occur.
12.
All expenses will be reimbursed to the commissione
Organizations:
San Diego County Water Authority (SDCWA) *
Association of California Water Agencies (ACWA)
ACWA-Joint Powers Insurance Authority
SDCWA Water Reclamation Advisory Committee
Presidents and Managers Council of Water Utilities
Association of Water Reclamation Agencies
California Special Districts Association
National Water Resources Association
Water Agencies Association of San Diego County
*Appt. Made by Bd. Pres.
BOARD OF DIRECTORS (CITY COUNCIL) RESPONSIBILITIES
I. Adopting Ordinances
2. Adopting Annual Budgets ’
3.
4. Adopting Annual Financial Statements
5. Approving Any Debt Issuances
6.
7. Making Commission Appointments
8. Authorizing Non-Budgeted Expenditures
9.
10.
11.
Adopting Annual Capital Improvement Plans
Setting Annual Tax Rates, Water Rates and Developer Charges
Authorizing Expenditures Exceeding Budgeted Amounts
Approving of Any Acquisition, Disposition or Lease of District Property
Approving Employment Contracts and Setting Salary and Benefit Packages
Attachment A
Page 2 of 4
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WATER COMMISSION RESPONSTBTLITIES
1.
2.
3. Developing Annual Financing Plans
4.
5. Developing Water Conservation Programs
6.
7.
Developing Potable Water Master Plans
Developing Annual Capital Improvemest Plans
Developing Annual Budgets and Expenditure Plans
Developing Water Reclamation Program (Master Plan Input Also)
Recommending Action on Agenda Items for Board of Directors Consideration
OPERATIONS
1. Operational responsibility of the District will be expanded to incfude th
present master planning, storage and distribution of the City’s wate
reclamation system, and other responsibilities delegated by the Board.
2. If proven to be economical, water billing, meter reading and backfloi
prevention responsibilities will be transferred to the District also.
The District’s planned operations center will proceed with construction and t:
expanded where necessary to accommodate these increased responsibilities an
other related activities, as directed by tie Board.
3.
4. All District finances will remain entirely separate and shall be expended o
water related activities only. Appropriate City expenses will be charged to th
District.
5. The District will continue to provide engineering, administration, publ,
information, operations and all other services it currently furnishes.
The City Manager will act as the Executive Manager of the District, and wi
report to the Board of Directors.
The General Manager will operate the day-to-day activities of the District an
report to the Executive Manager.
The District will retain legal counsel.
6.
7.
8.
Attachment A
Page 3 of 4
m a
1080
EMPLOYEES
1. This agreement shall not adversely affect or impair the status of any ernployec
of the District or City.
All benefits and rights for existing employees shall be continued at a level no
less than currently enjoyed. These benefits and rights include vacation anc
sick leave, insurances, retirement programs, employment contracts, an(
seniority.
No employees shall be laid off unless severe financial difficulties are faced b:
the District.
2.
3.
Approved by the Local Agency Fomration -. Commission of San Diego I -
3!% - 7 1983
&fi,s;le Execuhvc * ldCunmiul~l
-c
Attachment A
Page 4 of 4
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No. 21 MONDAY, JULY 17, 1989
RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING THE
ESTABLISHMENT OF THE CARLSBAD MUNICIPAL WATER DISTRICT
(FORMERLY KNOWN AS THE COSTA REAL MUNICIPAL WATER DISTRICT)
AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD
On motion of Supervisor MacDonald , seconded by Supervisor Bilbray the following resolution is adopted:
Reorganization Act of 1985, commencing with Section 56000, and in
particular Section 56800 of the Government Code, application was made by
petition; and
WHEREAS, pursuant to Division 3, Cortese/Knox Local Government
WHEREAS, on June 7, 1989 at Minute Item #lo, the Local Agency Formation Commission of the County of San Diego adopted its resolution
making determinations and approving the change of organization of the
Carlsbad Municipal Water District from an independent district to a
subsidiary district of the City of Carlsbad, and authorizing the Board of
Supervisors to initiate and conduct proceedings for the proposed change
of organization in compliance with Resolution No. SD88-1 and pursuant to
Government Code Section 57025 et. seq.; and
WHEREAS, the Clerk of the Board of Supervisors on June 30, 1989,
gave notice of the hearing on the matter, said hearing to be held on
July 17, 1989; and
IT IS FOUND AND DETERMINED as follows:
1. The proposal for change of organization was made by petition to the Local Agency Formation Commission pursuant to Section 56800
of the Government Code.
2. The territory involved in the proposed change of organization
consists of approximately 32 square miles and is inhabited.
3. The Local Agency Formation Commission on June 7, 1989, approved
the change of organization consisting of the establishment of the municipal water district as a subsidiary district of the
City of Carlsbad, which change of organization does not change the exterior boundaries of the territory subject to the change
of organization as approved by the Commission. The territory
proposed for change of organization is described in the
resolutions of application on file with the Commission.
3UL i ./ -1
(
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4. The reasons for the proposed change of organization as set
forth in the petition are to: Achieve cost savings by combining administrative and storage facilities; integrate the planning and management of water resources with the growth
management program of the City of Carlsbad; consolidate policy-making, management and engineering functions; provide a higher 1 eve1 of accountabi 1 i ty.
Pursuant to Government Code Section 57050(a), the hearing on the proposed change of organization was held on the date and at
the time specified in the notice given by the Clerk of the
Board. At the hearing, prior to consideration of protests, the resolution of the Local Agency Formation Commission, making
determinations, was read aloud or summarized and at such
hearing the Board of Supervisors heard and received any oral or
written protest, objections or evidence which was made,
presented or filed, as required by Government Code section 57O50( b) .
5.
6. The regular county assessment roll shall be utilized.
7. The affected territory will not be taxed for existing general
bonded indebtedness of any agency whose boundaries are
changed.
IT IS RESOLVED, FOUND, ORDERED AND DETERMINED as follows:
1, Written protests filed and not withdrawn do not represent a
majority protest in accordance with Government Code Section
57078, and the Carlsbad City Council and Carlsbad Municipal Water District have both filed resolutions with the Local
Agency Formation Commission consenting to the proposal.
Pursuant to Government Code Section 57085(b), the Board of Supervisors determines that at least 70 percent of the land area of the Carlsbad Municipal Water District is included within the boundaries of the City of Carlsbad and that at least
70 percent of the registered voters reside within the city.
3. The Board finds, pursuant to Section 15320 of the California Environmental Quality Act Guidelines, that the proposed change of organization is categorically exempt and not subject to the environmental impact evaluation process because the
proposal consists only of the change in organization of governmental agencies and does not change the area in which the previously existing powers are exercised.
2.
31,k 17 1:
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4. A change of organization consisting of the establishment of the
Carlsbad Municipal Water District as a subsidiary district of
the City of Carlsbad is hereby ordered without an election
subject to the terms and conditions set forth in the resolution
of the Local Agency Formation Commission, the Board of
Directors of the District and the City Council of the City
having by resolution consented to the establishment of the subsidiary district.
5. The Clerk of the Board of Supervisors shall immediately transmit a copy of this resolution to the Executive Director of
the Local Agency Formation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of San
Diego, State of California, this 17th day of July, 1989, by tbe following
vote:
AYES : NOES : Supervisors None ABSENT :
WOLFE;RESOL/COST;sv
Supervi sors Bi 1 bray , Wi 11 i ams , and MacDonal d
Supervi sors Bai 1 ey and Go1 di ng - - -
STATE OF CALIFORNIA 1 ss. County of San Diego 1
I, KATHRYN A. NELSON, Clerk of the Board of Supervisors of the County of San E
State of California, hereby certify that I have compared the foregoing copy with tt
original resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote herein stated, which original resolution is now on filc in my office; that the same contains a full, true and correct transcript therefrom
and of the whole thereof.
Witness my hand and the seal of said Board of Supervisors, this 25th day of Ji 1989. KATHR>NELSON//
Clerk of the Board of pervisors
- .. .
( SEAL 1 .h&zx2 .w&e By M ria A. Tiscamo
Deputy
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