The URL can be used to link to this page

Home My WebLink About1989-12-12; City Council; Resolution 89-433". . * " 11 0 0 1 2 3 4 5 6 7 8 9 nm SUA- a>: $Eg Oua ooaa Z>jZ Ql-gE mang !j$%S gz&- zo9s >kg? p$ oo 's;& li '4-1 - 10 11 12 13 14 15 16 17 18 19 20 ll 21 22 23 24 25 26 27 28 li RESOLUTION NO. 89-433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING ITS RESPONSIBILITY AS THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT. WHEREAS, the Board of Directors of the Carlsbad Munj Water District adopted Resolution No. 614 consenting tc establishment of Carlsbad Municipal Water District as a subsj district of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad ac Resolution No. 89126 consenting to such reorganization: and WHEREAS, the establishment of the subsidiary distri, approved by the local Agency Formation Commission on June 7, subject to certain terms and conditions; and WHEREAS, on July. 17, 1989, the Board of Supervisc the County of San Diego, as the conducting authority, ordert establishment of the Carlsbad Municipal Water District subsidiary district of the City of Carlsbad on or about Janu 1990; and WHEREAS, the City Council has determined to act i Board of Directors for the Carlsbad Municipal Water District the terms and conditions of the LAFCO approval of June 7, 198 the Board of Supervisors order of July 17, 1989 as attacl Exhibit A, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corre 2. Pursuant to the authority cited above, the Ca City Council hereby accepts its responsibilities as the Bo e. 0 e 2m (I)> mu: k&zcb 7ang UW oLom noaa Z>+F 558 mGn, u *a-~ gum0 >ma uE&n $052 qgy CY$ u0 1 2 Directors of the Carlsbad Municipal Water District effec January 1, 1990. 3 3. The City Clerk, City Manager and City Attornel 4 authorized to serve the District as Secretary, Executive Ma 5 ll and Counsel respectively. 6 7 8 9 10 11 4. Until otherwise designated by the Board of Dire the City Treasurer and auditor are authorized to serve the Dis in their respective capacities. 5. The duties for all officials and employees under resolution shall be the same as their duties to the City a necessary to comply with the Water Code and they shall serv l2 ;I District for no additional Compensation. 13 14 15 16 17 6. This resolution shall be effective January 1, PASSED, APPROVED AND ADOPTED at a Regular Meeting c City Council of the City of Carlsbad on the 12th day of DE 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and PE 18 II NOES : None. 19. 20 21 22 I1 ABSENT : None. 23 24 ATTEST: 25 ALE~A<. L(K/ F~TENKRANZ, ' l74 G) Clerk 26 (SEAL) 27 28 2 /I I, -. 0 0 1 ILL 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 MATER DISTRICT) AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD On motion of Supervisor MacDonald , seconded by Supervisor Bilbray the following resolution is adopted: WHEREAS, pursuant to Division 3, Cortese/Knox Local Government Reorganization Act of 1985, commencing with Section 56000., and in particular Section 56800 of the Government Code, application was made by petition ; and 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. 3 lJ L I. .l '19; 0 *- . a m ,. - -f - 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 accountabil ity. 5. 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 resol uti on of the Local Agency Formation Commi ssion, making determinations, was read a1 oud 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 57050( b) . 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 57075, and the Carl sbad City Counci 1 and Carl sbad Municipal Water District have both filed resolutions with the Local Agency Formation Commission consenting to the proposal. 2. 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 Qual ity Act Guide1 ines, 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. $UL 1 'd 1985 Of 4. '. * e .. -3- 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 C'I erk 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 the following vote: AYES: Supervisors Bilbray, Williams, and MacDonald NOES: Supervisors None ABSENT : Supervi sors Bai 1 ey and Goldi ng WOLFE;RESOL/COST;sv - - - STATE OF CALIFORNIA 1 County of San Diego ) 'so I, KATHRYN A. NELSON, Clerk of the Board of Supervisors of the County of San Die State of California, hereby certify that I have compared the foregoing copy with the original resol ution 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 file 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 Jul~ 1989. KATHRYN A. NELSON ( SEAL 1 C1 rk of the Board of Supervisors By SrLC-I-JzdLe Maria A. Ti sc Deputy C1 rk of the Board of Supervisors By SrLC-I-JzdLe Maria A. Ti sc Deputy -4\)L J.. tdL f*ft 1 7 -lac &>y@;xs, -,:; f ; ... ' ;I, . !I' (,,,Jt<ir,;, .\.'/;I . c : : try " ~ ".__ . . . . . . ._." : . ..C, Yv& tJtl: :t '.I.. L si: c 31 :? '1' 474