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HomeMy WebLinkAbout1980-01-15; City Council; 5541-4; Subsidiary District of Costa Real Water DistrictCITY OF CARLSBAD AGENDA BILL NO. ^T^S"^/ — ^JLt^o^jL^^JL^jb' & */ DATE: January 15. 1980 DEPARTMENT: City Manager (^D Initial:/^ Dept.Hdjg^ C 7Vf-4-V f_ C. Mgr.C^ / Ui P Subject: APPLICATION FOR THE FORMATION OF A SUBSIDIARY DISTRICT OF THE COSTA REAL MUNICIPAL WATER DISTRICT BY THE CITY. OF CARLSBAD Statement of the Matter At its December 4, 1979 meeting the City Council directed staff to prepare an application to the Local Agency Formation Commission (LAFCO) or> the establishment of Cost£ Real Municipal Water District as a subsidiary district of the City of Carlsbad pursuant to the District . Reorganization Act of 1965, In order to initiate proceedings, the Council needs to adopt a resolution of" application (Exhibit A). The Resolution along with the LAFCO application form (Exhibit B) will then be forwarded to LAFCO. The application will then be processed in accordance with the schedule outlined in Exhibit C. The proposed change in organization is categorically exempt from the provisions of the California Environmental Quality Act pursuant to 14 Cal. Adm. Codes 15120. Exhibits . . A. Resolution No. Cff Q {# ^ 3. Application to Local Agency Formation Commission (Maps on file in Clerk's Office) C. Event Calendar for Sanitary District Proceedings Recommendation Adopt Resolution No. (0O & 3 r and direct staff to forward completed application to LAFCO. . Council Action: 1-15-80 Council adopted Resolution 6063, with change to section 7 as recommended by staff; and directed staff to consider and reoort ass is ?C±Mr-r%2eSlrab1J!ty °f hl>ing a consu?tan to ' *assist Council in the consolidation subcommittee1. 1 2 3 5 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION WO. 6063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A RESOLUTION OF APPLICATION TO THE LOCAL AGENCY FORMATION 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 7 Water District both supply water service to portions of the & City of Carlsbad; and 9 WHEREAS, both the City of Carlsbad and the Costa Real Municipal Water District have expressed an interest in combining the operation and maintenance of the City and District water 12 systems; and WHEREAS, it has been a long standing goal of the City of 14 Carlsbad to consolidate authority and responsibility for pro- 15 viding water service to residents of the City and Costa Real *\ fi Municipal Water District under the legislative and administrative 17 control of the City; and WHEREAS, the establishment of Costa Real Municipal Water District as a subsidiary district of the City will provide for improved planning, coordination, and control of the development of water utility systems to serve patterns of urban development established 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 10 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the change of organization of the Costa Real Municipal Water District as a subsidiary district of the City of Carlsbad will provide for the more efficient provision of water service to City and District residents; and WHEREAS/ Section 56403 of the Government Code provides that a special district may-be established as a subsidiary district of 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 14, Division 6, Chapter 3, Article 8, Section 15120 of the California Administrative Code. -1-6 ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 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 24 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Commission and the Board of Supervisors for the establishment of a subsidiary district as requested herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 1 5th day of January i 1980 by the following vote, to wit: AYES: NOES: ABSENT: None Councilman Packard, Skotnicki, Anear, Lewis and Councilwoman Casler None , !^^^ft^ RONALD C. PACKARD, Mayor ATTEST: jjtAA. A rQ j * ~T ALETHA L. RAUTENKRANZ, City Cl^rk (SEAL) Date 'J3 iry 17, 1980 Local Agency Formation Commission County Administration Center 1600 Pacific Highway, .Room 452 San Diego, California 92101 Gentlemen: Application is hereby made to form a subsidiary district of the COSTA REAL MUNICIPAL WATER DISTRICT (CMWD) (FORMERLY THE CARLSBAD MUNICIPAL WATER DISTRICT) Please include the following items with this application: (1) One copy of a metes-and-bounds description of the perimeter of the subject area; (2) A mylar or sepia plat map and ten prints; (3) Two copies of a vicinity map of the subject territory; (4) 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 1200 Elm Avenue Carlsbad, California 92008 Phone No. 714-438^5561 Signed Prop'bnent This application will provide LAFCO Staff with information necessary to begin analysis of the District formation proposal. Additional information be requested. If you have any questions, please call the LAFCO office at (714) 236-2015. 11/79 -1- DISTRICT FORMATION QUESTIONNAIRE^ A. JUSTIFICATION V. Explain in detail proposed. why the formation of the subsidiary district is being 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% of 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 serve patterns of urban development reduce the confusion and difficulty for a population when seeking to afix responsi- water utility services. See page 93 of the the water utility system to established by the City and large segment of the City's bility for the provision of attached report and Associates. "Water Service in the Carlsbad Area" by Ralph Andersen 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 provided (the importation and distribution of potable water). be 11/79 -2- 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 form. 4. 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 subsidiary district. This action is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Administrative Code, Section 15120. Will the new district Board be independently elected or designated as the County Board of Supervisors or a City Council? If independently elected, what number will serve on the Board? Will members be elected at large or by district or zone? The City Council of the City of Carlsbad, a general law city, will serve as the legislative Board of the CMWD. 11/79 -3- What will be the major source of funding for the district? ^ . User fees, see pbtpf 37 of attached report. 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 services to -be rendered? Service responsibilities will 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. B. BACKGROUND 1. How many acres or square miles are included within the proposed district? 20,000 plus acres - a district profile is included, starting on page 11 of the attached report. 2. Describe the location of the proposed district (in relation to existing cities, communities, freeways, highways, major topographical features). 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 •Vista Irrigation District and San Marcos County Water District and on the south by the Olivenhain Muncipal Water District. 11/79 -4- 3. HQW many people rWide within the area of the pnjfffsed district? How many registered voters? Indicate the source of your estimate. 99.54% of the registered voters of the District are also residents -of the City of Carlsbad (review of registrar's records). See page 69 of attached report. 4. List the districts or cities located within the area of the proposed district. The City of Carlsbad 71% and unincorporated County areas (29%) within 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 predominant General Plan designations for the area? Land uses are a mix of residential, commercial, industrial and agricultural «s described in the City of Carlsbad General Plan. No single land use predominates. 11/79 -5- __jf 2. Is any change in land use planned? What other lafTtr uses or new 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 City of Carlsbad. . 3. Is the territory within a community planning area? If so, which one? Please submit a Community Plan map of the same scale as the map out- lining your district boundaries. Not applicable. 4. What are the predominant uses of adjacent lands? North: Residential/Commercial East: Residential/Agricultural South: Residential West: Pacific Ocean D. OTHER SERVICES 1. What services are already provided within the area and what agencies provide them? (Please include any services the new district plans to render which are currently provided by another agency). The City of Carlsbad, a full 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 Sanitation District, San Marcos County Water District or Leucadia County Water District providing sewerage to minor portions of the CMWD .service area. No new services will be provided by this reorganization. 11/79 -6- 2.^ ' . ^As a result of rTT& proposed district reorganiza^^n, w.ill any other new services become necessary? No. Reorganization is the formation of a subsidiary district to better serve the needs of the citizens of the City of Carlsbad by providing these services under the authority of a single elected body as opposed to two elected bodies. E. PUBLIC CONTACT Please list all agencies, groups, and individuals contacted regarding this proposal. • Local Agency Formation Commission Costa Real Municipal Water District 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 Address Mr. Frank Alesh'irefCity Manager, 1200 Elm Ave., Carlsbad, Ca 92008 Mr. Jack Y. Kubota, Acting Gen. Mgr., CMHD, 5950 El Camino Real. Carlsbad, Ca 92003 Mr, Roger W. Greer, Dir. Utilities & Maint., 1200 Elm Ave., Carlsbad, Ca 92008 Signed v. , Representing City of Carlsbad Address 1200 Elm Avenue Date January 17, 1980 Carlsbad, Ca 92008 Phone No. 438-5561 11/79 -7- 80-05 January 4, 1980 MEMORANDUM TO: City Manager FROM: Director of Utilities & Maintenance SUBJECT: Event Calendar for Subsidiary District Proceedings The following event calendar for the Subsidiary District processing is as follows, assuming that Council approves the Resolution on January 15 and it is delivered to LAFCO on January 16: Jan. 16 Deliver to LAFCO Jan. 16- LAFCO processing - public hearing to be Mar. 26 fff_ held within 70 days, may be continued May 28 for 70 additional days. Mar. 26-Apr. 30 or LAFCO determination. May 28-Jul. 2 Apr. 30-May 28 Board of Supervisors - or may hold public hearing. Jul. 2-Aug. 6 May 28-Jun. 4 or LAFCO notification by Board. Aug. 6-Aug. 13 Jun. 4-Jun. 11 or Executive Director develops impartial analysis. Aug. 13-Aug. 20 Jun. 11-Jun. 18 or Forward impartial analysis to election officials, Aug. 20-Aug. 27 Sep. 10 Last day to submit arguments pro and con for November election. GREER Director of Utilities & Maintenance RWG:pab ACTION STEP. Resolution of Intention RESPONSIBLE AGENCY City of Carlsbad TIME Council may wish to hold public hearing on this item. As a minimum, I believe two Council meetings would be required - one for presentation and return for documents at next meeting. 15-45 days File Resolution with LAFCO Executive Director LAFCO Set for Public Hearing held within 70 days - may be continued for 70 additional days. 70-140 day: Determination LAFCO LAFCO may approve or deny. If denied by LAFCO, no new submission can be made for one year. 35 days Resolution Initiating Proceedings Board of . Supervisors Board can also call Public Hearing. May approve or disapprpve. Approval is subject to confirmation by an election. 35 days Notification of LAFCO Board of Supervisors • Must notify LAFCO of 5 days Board action. Deyelop Impartial Analysis Executive Director LAFCO Executive. Director develops an impartial analysis. 5 days Forward Impartial Analysis -to. Election Officials LAFCO Approve and forward to 5 days election officials. Written Arguments -Submitted City of Carlsbad .CMVJD Written arguments pro & con submitted' to election officials for inclusion in ballot. 54 days prio to election TOTAL PROCESSING TIME 224 - 324 da ATTACHMENT 2 ^Proposed new wore* ig for Item #7 - Resolution. No. 6063 »W \*" . 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 transferred to City employment will not suffer any reduction in wages or salaries, or any loss of fringe benefits as a result of such transfer.