HomeMy WebLinkAbout1980-01-15; City Council; Resolution 6063<
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RESOLUTIOM NO. 6063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTING A RESOLUTION
OF APPLICATION TO THE LOCAL AGENCY FOTOMATI'OM
COMMISSION PURSUANT TO THE PROVISIONS OF THE
DISTRICT REORGANIZATION ACT OF 1965 TO CREATE
A SUBSIDIARY DISTRICT OF THE COSTA REAL MUNICI-
PAL WATER DISTRICT.
WHEREAS, the City of Carlsbad and the Costa Real Municipal
rater District both supply water service to portions of the
:ity of Carlsbad; and
WHEREAS, both the City of Carlsbad and the Costa Real
lunicipal Water District have expressed an interest in combining
:he operation and maintenance of the City and District water
systems; and
WHEREAS, it has been a long standing goal of the City of
zarlsbad to consolidate authority and responsibility for pro-
riding water service to residents of the City and Costa Real
dunicipal Water District under the legislative and administrative
Zontrol of the City; and
WHEREAS, the establishment of Costa Real Municipal Water
Iistrict as a subsidiary district of the City will provide for
improved planning, coordination, and control of the development
Df water utility systems to serve patterns of urban development
sstablished by the City of Carlsbad; and
WHEREAS, the responsibility for the provision of municipal
services is fragmented among numerous special districts in the
City of Carlsbad; and
WHEREAS, this fragmentation creates confusion and difficulty
for residents when seeking to afix responsibility for the pro-
vision of services; and
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WHEREAS, the change of organization of the Costa Real
dunicipal Water District as a subsidiary district of the City
Df Carlsbad will provide for the more efficient provision of
dater service to City and District residents; and
WHEREAS, Section 56403 of the Government Code provides that
2 special district may be established as a subsidiary district
Df a city if 70% or more of the district's taxable or assessable
land area and 70% of its registered voters are located within
the city's boundaries; and
WHEREAS, changes in local government organization which do
not change the geographical area in which existing powers are
exercised are categorically exempt from the requirements of
the California Environmental Quality Act pursuant to Title i4,
livision 6, Chapter 3, Article 8, Section 15120 of the California
kdministrative Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Zity of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad proposes to change the
organization of the Costa Real Municipal Water District pursuant
to Title 6, Division 1 of the Government Code of the State of
California known as the District Reorganization Act of 1965.
3. That the City of Carlsbad proposes that the Costa Real
Municipal Water District be established as a subsidiary district
of the City pursuant to Title 6, Division 1, Part 5, Chapter 6
of the Government Code.
4. That 71% of the Costa Real Municipal Water District's
taxable or assessable land area is located within the boundaries
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of the City of Carlsbad.
5. That 99.54% of the registered voters of the Costa Real
Municipal Water District reside within the City of Carlsbad.
6. That the boundaries of subsidiary district would be the
same as the boundaries of the Costa Real Municipal Water District
as such boundaries will exist at the time the subsidiary district
is established.
7. That employees of the Costa Real Municipal Water District,
employed full-time on the date of this resolution, will become
employees of the City of Carlsbad and that such employees trans-
ferred to City employment will not suffer any reduction in wages
or salaries, or any loss of fringe benefits as a result of such
transfer.
8. That the subsidiary district created by the requested
proceedings will be generally organized and operated in accord-
ance with the plan outlined in a report entitled "Water Service
in the Carlsbad Area" dated September 1979 and attached hereto
as Exhibit "A" and incorporated herein by reference.
9. That this change in organization is requested for the
following reasons:
a. Provide for a consolidated water service operation that may be more efficiently operated than the existing separate agencies.
b. Consolidate legislative control in a general purpose local government agency (the City of Carlsbad) in order to:
(1) Reduce the fragmentation of responsibility for providing municipal services in Carlsbad.
(2) Improve political accountability,
(3) Provide for improved integration of land use planning and control with the planning and development of water service systems.
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(4) Better control of the premature development
of undeveloped land or the premature con- version of economically productive agri- cultural land by the extension of the water service infrastructure prior to need.
10. That proceedings be taken by the Local Agency Formation
2ommission and the Board of Supervisors for the establishment of
3 subsidiary district as requested herein.
PASSED, APPROVED AXD ADOPTED at a regular meeting of the City
Zouncil on the 75th day of Januarv I 1980 by the
Eollowing vote, to wit:
AYES :
NOES :
ABSENT :
Councilmen Packard, Skotnicki, Anear, Lewis and
None Councilwoman Casler
None
RONALD C. PACKARD, Mayor
RTTEST :
LOC~:~ I’!gency Formation Commi ssSon Cgcnty Administration Center 1609 Pacific Highway, .Rooin 452
San Diego, California 92107
Gcn t 1 emen :
A-lication - Ss hereby made to -- form a subsidiary district of the COSTA REAL
--- MUNICIPAL WATEii DISTRJCT (CMWD) (FORMERLY THE CARLSBAD MUNICIPAL NATER DISTRICT). _I
Please include the following items with this application:
(1)
(2)
(3)
(4)
One copy of a metes-and-bounds description of the perimeter of the subject area;
A mylar or sepia plat map and ten prints; Two copies of a vicinity nap of the subject territory;
One large scale topographical map of the subject territory.
..
Notice, process and other communications regarding this application may be directed to the proponents at:
Address 1209 Elm Avenue -
Carlsbad, California 92008
This application will provide LAFCO Staff with information necessary to begin
analysis of the District formation proposal. Additional information be requested. If J’GU have any questions, please call the LAFCO office at (714) 236-2015.
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ISTRICT FORMATION QUESTIONijAI
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A. J UST I F I CAT I 0 N
1. Explain in detail why the formation of ,the subsidiary district is being proposed.
The CMWD provides wholesale water service to the City of Carlsbad Water
Department (original City area) and retail water service to a growing part of the City. The District boundaries are within the city limits (over 70% 5f taxable land area) or within the City's sphere of influence. Formation of the subsidiary district will result in a net savings to the citizens of Carlsbad of about $100,000 annually and will avoid duplica- tion of effort by the City and District. Additionally, the City Council, acting as the District Board and City staff, acting as Board staff, will result in improved planning, coordination and control of development of the water utility system to serve patterns of urban development established by the City and reduce the confusion and difficulty for a large segment of the City's population when seeking to afix responsi- bility for the provision of water utility services. attached report "Water Service in the Carlsbad Area'' by Ralph Andersen and Associ ates.
See page 93 of the
..
2. List all services to be provided by the new district and discuss why the service(s) is/are needed at this time.
The services as currently provided by the CMWD will continue to be
prcvided (the importation and distribution of potable water). c
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3. Are there plans to form any improvement districts within the
district? Please provide details.
Improvement districts of the CMWD will continue in their
present f om.
4.
5.
Under what principal act is the district proposed to be formed?
The District Reorganization Act - specifically Section 56403 of the Government Code'for the establishing of a subsidiiary district.
California Environmental Quality Act pursuant to Title 14 California Administrative Code, Section 15120.
This action is categorically exempt from the
Will the new district Board be independently elected or
designated as the County Board of Supervisors or a City Council? on the Board? district or zone?
The City Council of the City of Carlsbad, a general law city, will serve as the legislative Board of the CMWD.
If independently elected, what number will serve
Will members be elected at large or by
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6. lu'hdt wi1-i L'C %he major sgurce of fucding for the district?
User fees, see p 37 of attached report. -0
7. Does the district intend to use property tax revenue pursuant to the provisions of the 1979 Assembly Bill 8 to finance all or part of the servjces to *be rendered?
Service responsibilities wilt not change and no reapportionment of property tax revenues will result.
8. Attach a proposed district budget outlining expenditures and
anticipated revenues.
Budget information is contained on page 39 and 41 of the attached report.
€3. BACKGRCUND
1. How many acres or square miles are inctuded within the proposed di strict?
. 20,000 plus acres - a district profile is included, starting on page
11 of the attached report.
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2. Describe the location of the proposed district (in relation to existing cities, communities, freeways, highways, major topographical features) e
The District overlays two-thirds of the City of Carlsbad and is bounded on the north by the City of Oceanside, on the East by the
the south by the Olivenhain Muncipal Water District. -Vista Irrigation District and San Marcos County Water District and on
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' ,3. How inany p~opf e aide within the 'arga of district? How -.
1 many reyj stereo' voters? Indicate the smrce of your estimate.
99.54% of the registered voters of the District are also residents of the City of CarTsbad (review of registrar's records). See page 69 of
attached report.
4. List the distr.icts or cities located within the area of the proposed district .
The City of Carlsbad 71% and unincorporated CoLinty areas (29%) wjthin
the City of Carlsbad sphere of influence.
5. Describe in detail the rationale used in establishing boundaries of
the proposed district.
Boundaries are the current boundaries of the CMWD.
C. LAND USE
1. What are the current prevelant land uses within the territory, and predomi nan t General P1 an desi gnat ions for the area?
Land uses are a m.ix of residential, commercial, industrial and agricultural as described in the City of Carlsbad General Plan. single 1 and use predominates.
No
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r’ I 2. Is any change in c and use planned? What development might result from this proposal?
Proposal will not change land uses - proposal will more closely integrate planning for water utility services with the planning of the
Ci ty of Carl sbad.
3. Is the territor-y within a community planping area?
Please submit a Community Plan map of the same scale as the map out- lining your district boundaries.
If so, which one?
Not appl i cab1 e.
4. What are the predominant uses of adjacent lands?
North: Residential/Commercial
East:
South:
Resident i a’l/Agri cul tural
Res i den ti a 1
. West: Pacific Ocean
D. OTHER SERVICES
1’. What services are already provided within the area and what agencies provide them? render which are currently provided by another agency). (Please include any services the new district plans to
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i The City of Car?sbad, a Tu71 service city, provides service to the majority of the area, County of San Diego provides like services to unincorporated areas sewerage is provided by the City of Carlsbad with the Buena Sariitition District, San Marcos County Water District or Leucadia County Water District providing sewerage to minor portions of the CMWD service area. reorganization. No new services will be provided by this
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+ .. * 2. As ii result of proposed district \yill a,ny other ' ~>, r' new services become rrccessary?
I I No. Reorganization is the formation of a subsidiary district to better serve the needs of the citizcns of the City of Carlsbad by
providing th25.z services under t,he authority of a single elected body as opposed to two elected bodies.
E. PUBLIC CONTACT
Please 1 ist a17 agencies, cjroups, and individuals contacted regarding this proposal.
Local Agency Forniation Commission Costa Rea3 Municipal Water District
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List names and addresses of officers or persons, not to exceed three in
number, who are to receive copies of the Executive Officer's Report and mailed Notice of Hearing:
. Name
_I_
Address
.. Elr. Frank A .... ",City Manager, 1200 Elm Ave., Carlsbad, Ca ,92098 -
Mr. 'Jack Y. Kubota, Acting Geil. Mgr., CMMD, 5950 El Camino Real, Carlsbad, Ca 92008 -
Roger 14. Greer, Dir. Utilities & Maint., 1208 Elm Ave., Carlsbad, Ca 92008 --
I_ ..
\i , tiepresenting City of Carlsbad
Address 1200 Elm Avenue
Carlsbad, Ca 92008
* Phone No. 438-5561
Date January 17, 1980
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