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HomeMy WebLinkAbout1982-01-12; City Council; Off Agenda; ANALYSIS OF SAN DIEGUITO INCORPORATION ISSUES AFFECTING THE CITY OF CARLSBAD. .. .2 0 F 0 U 1 0 'E 3 0 0 - \EF ANALYSIS OF SAN DIEGUITO INCORPORATION l/::: ISSUES AFFECTING THE CITY OF CARLSBAD AB# MTG. 1/8/82 DEPT. UTL CIT RECBMMEN DED ACTION: Council direct a representative to provide the following City positions a public hearing to be conducted on January 14: 0 to the ril 1. Recommend excluding all territory south of Olivenhain Roauand the Wo properties from the incorporation boundari'es. Recommend excluding the Green Valley area (Hunt properties) from the boundaries. Support the LAFCO staff recommendation that the Batiquitos Lagoon ren City of Carlsbad sphere of influence. Express concern that the LCWD sewer service matter cannot be resolvec organization at this time and express support for any legislative eff LAFCO might take to resolve the problems. 2. 3. 4. ITEM EXPLANATION: The incorporation of the City of San Dieguito will impact the City by sei northern boundary of the new city and the provision of sewer service to San Dieguito citizens. A detailed discussion of these issues is attache1 LAFCO public hearing on the incorporation will be conducted at 7:OO p.m. January 14, 1982 at the San Dieguito High School in Encinitas. The City represented to comment on these impacts. FISCAL IMPACT: None at this time. EXHIBITS: Memo from Director of Utilities to City Manager dated January 8, 1982. COUNCIL ACTION: 1-12-82 Council approved the 4 staff recmndations stated in the agenc Council agreed to approve the concept of annexation of area "C' Valley) and indicated that the City would be willing to work wil mers and would hme no objection to master planning the entirc of 1700 acres. The City would favor armexation applicatims frc property owners who have already submitted applications south 0: which would extend no further south than the ridge line and no west of El 13mino Real than the ridge line. I I, 0 0 :r January 8, 1982 M EM0 RAN D UM TO: City Manager FROM : Director of Utilities SUBJECT: 0 LAFCO Report; San Dieguito Incorporation LAFCO will conduct a public hearing at 7:OO PM on Thursday, January 14th at the San Dieguito High School, 800 Santa Fe Drive in Encinitas. The Executive Officer's forwarding letter to the staff report and exerpts of the report con. taining discussions of issues concerning Carlsbad are attached. The issues of concern to Carlsbad are out1 ined below: 1. Boundary Issues a. South of Sphere of Influence; Olivenhain/Rancho Santa Fe Road. Prope owners, represented by Mr. Wooley (referred to as Wooley exclusion ar and a small parcel owned by Hunts have indicated that they preferred be excluded from San Dieguito in order that they may be considered fo annexation to Carlsbad. Applications for annexation to Carlsbad for the briooley properties have been filed and are being processed. Technical Advisory Committee recommended excluding them from San Die! however, the LAFCO Executive Officer has recommended they be includet the San Dieguito boundary. These areas are shown as A, B and D on tt attack2 map. West of Sphere of Influence; West of El Camino Real between La Costa Avenue and just north of Olivenhain - described as the Green Valley Exclusion. be excluded from San Dieguito in order that they may be considered f annexation to Carlsbad. This is identified as Area C on the attache map. over 1,700 acres (930 acres in Carlsbad north of the lagoon; 200 acr in the County north of the lagoon; 240 acres of the lagoon and 331 a in the Green Valley area) which can be developed under a single mast plan. Annexation applications have been filed (LAFCO) and negotiati relating to public facilities fees are ongoing with the City of Carl Add-itionally, the Coastal Commission will hear the development plans the entire 1,700 acres on January 19th. Batiquitos Lagoon - the Technical Advisory Committee received consic testimony and could not reach a concensus to include the Batiquitos San Dieguito, however, the LAFCO staff recommendation is to not inc the lagoon within the boundaries. The Carlsbad Sphere of Incluence in 2978 by LAFCO includes La Costa Avenue (from El .Camino Real to I and the south shore of the lagoon from 1-5 to the Pacific Ocean. T have been recent press discussions primarily emanating from the rep tatives of the Leucadia Town Council, that it is their intent to "f to include the Elatiquitos within the proposed city limits of San Di The b. These property owners (Hunt Bros. ) requested this area The Green Valley parcel is a part of a single land holding of c. 1% 4D 0 11 City Manager Page 2 1/8/82 2. Special District Issues Two Special Districts (01 ivenhain Municipal Water District and Leucadia County Water District) include service areas in both Carlsbad and San Dieguito. proposed boundaries. Leucadia, on the other hand, would be included in San Dieguito (about 60%) and Carlsbad (about 40%). Committee and the Executive Officer recommend that no reorganization of these districts be included in the incorporation matter. The matter of reorganizing the LCWO can not be accomplished under the District Reorgani zation Act because of the territorial split (60/40 whereas the Act requires at least 70/30) but could be accomplished by agreement between Carlsbad and San Dieguito at some time in the future. municipal corporation (San Dieguito) exists at this time, no agreements can be made; therefore, it cannot be accomplished at this time. Olivenhain also encompasses considerable territory outside of The Technical Advisor Since no legal Discussion Boundary Issues a. Annexation out:;ide the sphere of incluence (Wooley & Hunt). The Carlsbad sphere of incluence was approved in 1978 and in the area of concern, followed (existing city boundaries. Both areas under discussi were open space or under agriculture at this time and the property OWI had yet to develop any development schemes that appeared to provide arguments for future incorporation -- the roadway and the then exis-tir land use appeared to be a logical boundary at that time. However, ciu cumstances have changed and it appears that development may occur in these areas in the near future. Since these areas appear to be urban in the near future, persuasive arguments for inclusion in the City of Carlsbad as opposed to including them in San Dieguito can be made -- the arguments for community identity and clearly defined service bounl (roadways) are no longer valid. 1. South of Olivenhain and Rancho Santa Fe - As this area urbani community identity will be closely related to access and to the ent providing service. Olivenhain Road and Rancho Santa Fe can, and mc likely, will provide the major access - maintenance of these major routes, if split between jurisdictions, is complicated by differin!: levels of serivce, coordination of maintenance, etc. Similar prob' occur in the response of emergency services (fire and pol ice) , how( response times in this area will be about the same after the fire ! at La Costa and Rancho Santa Fe is constructed. The natural drai.ni from this area is to the west and thence north to the Batiquitos. Terrain in this area rises to the south and a definite ridge line along parcel lines which create a definite boundary because of dev ment differences that occur at ridge lines (circulation, drainage property lines) and is often most logical in the ultimate. It is ognized that all of these arguments cannot be made until developme plans are formulated, however, it is considered that inclusion of area in San Dieguito at this time will preclude the setting of 105 rl 2, dD 0- City Manager - Page 3 1/8/82 at some time in the future. It is recommended, therefore, that the ci recommend to LAFCO to exclude this area from the San Dieguito incorpor, at this time. analyzed at some time in the future when all facts are available for a rational decision. Hunt Area - Similar arguments as to those above can be made for this parcel. Drainage is to the north to the Batiquitos and an even more clearly defined bluff line bounding the property to the west clearly will define access, development schemes and drainage requirements. Community identity may well be to the Carlsbad developed area of La Costa as opposed to Leucadia,Service needs most likely will be oriented to the existing developed area. The Green Valley area in particular should be considered for exclusion at this time as it's development is tied to the much larger area under the same develop- ment plan currently in the City of Carlsbad. This plan involves density trade-offs which can only logically be programmed if within a single jurisdiction. Dieguito at this time until this program can be reviewed for all possible impacts. Annexation of this area to carlsbad or to San Dieguito should be analyzed at some future time when all facts are available for a rational decision. include this area in the San Dieguito incorporation boundary. Batiquitos Lagoon - The various studies and hearings relating to the San Dieguito incorporation have addressed the issue of the jurisdict. of the Batiquitos Lagoon. There has been considerable discussion by some factions that the new City of San Dieguito would be more "sensitive" to the management requirements of the lagoon and, theref should be in San Dieguito. The particular individuals, in fact, may more sensitive to the lagoon than many individual Carlsbad residents however, there is no evidence or reason to believe that the governip body of San Dieguito would be any more or less concerned than Carlsbad. The facts presented during this period have not changed f the original arguments to include the Batiquitos in the City's spher in 1978. These reasons are outlined below: a. The lagoon is a major visual amenity to the existing and future residential developments in South Carlsbad. It can be of limit1 value to residents of San Dieguito because the topography (steel bluffs and ridges) to the south of the lagoon will limit or pre clude residential development. La Costa Avenue is the major east/west arterial to serve the ma residential areas of La Costa. The design and maintenance of t arterial should be the responsibility of the government which serves these citizens. Future management of and restoration of the lagoon should rest with a single jurisdiction. This jurisdiction can best carry t these efforts if it directly affects citizens of that jurisdici and since topography dictates which group will most be affectel this is obviously Carlsbad. Positions taken by Fish and Game the Coastal Commission support the single jurisdiction positio Annexation to San Dieguito or to Carlsbad should be 2. This area should not be included in San It is recommended that LAFCO not 3. b. c. 4b 0 ,I City Manager Page 4 1 /8/82 4. Olivenhain and Leucadia Special Districts - Olivenhain is, and will m likely remain, a multi-jurisdictional service district: there is no 1 way or any practical reason to undergo reorganization at this time. Leucadia County Water District will, however, be split by the Carlsb San Dieguito jurisdiction. cause reorganization at the time of incorporation. cerned with mu1 ti-jurisdiction service problems and would support any proposed legislation that would cover the general or special circumstance >resented by LCWD. It is recommended that the City expr frustration at the service problem created and express support to LAF in any efforts they might take in the future to overcome this problem There is no legal mechanism at this time The City is con- Recommendations 1. LAFCO be urged to exclude the Wooley and other properties south of Olivenhain Road to the first ridge line from the San Dieguito incorpc tion boundaries. Assurances can be given that analysis of spheres of influence/annexation will be vigorously pursued in order that a final boundary resolution can be made in a time certain. This time certair can be set by LAFCO. LAFCO be urged to exclude the Hunt properties from the San Dieguito incorporation boundaries at this time. Assurances can be given that analysis of spheres of influence/annexation will be vigorously pursue in order that a final boundary resolution can be made in a time certc This time certain can be set by LAFCO. Recommend that LAFCO set the Batiquitos boundary at the present spher of influence line. ~ Indicate concern to LAFCO relating to reorganization of the Leucadia County Water District and indicate support to LAFCO in any recommend; tions for special or general legislation relating to LCWD. 2. 3. 4. ''2 N& '-- ROGE - gG,,ER Director of Utilities RWG: jlc 8 1), * No.10 TUESDAY, JANUARY 29, 1986 RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING REORGANIZATION INVOLVING THE INCORPORATION OF THE COMMUNITY OF SAN DIEGUITO SUBJECT TO CONFIRMATION OF VOTERS, CALLING ELECTION AND DIRECTING REGISTRAR OF VOTERS TO PUBLISH NOTICE OF ELECTION (SAN DIEGUITO REORGANIZATION) On motion of Supervisor Eckert , seconded by Supervisor Bilbra. the fol 1 owi ng resolution is adopted: WHEREAS, pursuant to the District Reorganization Act of 1965, commenci with Section 56000 of the Government Code, and in particular Section 56195 the Government Code, application was made by resolution of the Encinitas Fi Protection District; and WHEREAS, on November 25, 1985, and as modified on December 2, 1985 and January 6, 1986, the Local Agency Formation Cornmission, as Resolution No. R 85-9, adopted its "Resolution of the Local Agency Formation Commission appr a Proposed Reorganization Consisting of the Incorporation of the Community San Dieguito; annexation of one offshore acre to the City of Carlsbad; detachment of 1,054 acres from the City of Carlsbad; establishment of the S Dieguito Water District, Encinitas Sanitary District, and the Encinitas Fir Protection District as subsidiary Districts of the new city; annexation of territory (1,120 acres) to Encinitas Fire Protection District; dissolution County Service Areas 90, 34, 91, and 92 and detachment from County Service 83" approving the proposed reorganization and authorizing the Board of Supervisors to initiate and conduct proceedings for the proposed reorganiza in compliance with Resolution No. RO 85-9 and pursuant to Government Code Section 56430 et seq.; and WHEREAS, on January 8, 1986 (7), this Board adopted its resolution initiating proceedings for reorganization and setting a hearing on the matt for January 29, 1986; and WHEREAS, at said hearing on January 29, 1986, this Board heard and rec any oral or written protests against the reorganization, any request with respect to modification of its terms and conditions, and any objections or evidence which were made, presented or filed; NOW THEREFORE IT IS FOUND AND DETERMINED as follows: 1. The proposal for reorganization was made by resolution of th Encinitas Fire Protection District to the Local Agency Formation Commission, said reorganization consisting of the incorporation of a nr city, the name of which shall be determined by election; annexation of offshore acre to the City of Carlsbad; detachment of 1,054 acres from 1 City of Carlsbad; establishment of the San Dieguito Water District, Encinitas Sanitary District, and the Encinitas Fire Protection Districl subsidiary districts of the new city; annexation of territory (1,120 ac to Encinitas Fire Protection District; dissolution of County Service AI 9D, 34, 91, and 92 and detachment from County Service Area 83. inhabited. 2. The territory involved in the proposed reorganization is * 4b 4 -2- 3. The Local Agency Formation Commission on November 25, 1985, as modified on December 2, 1985 and January 6, 1986, approved a reorgani zati on cortsi sti ng of the incorporation of the community of San Dieguito, under the provisions of Government Code Section 56000, et se the name of which shall be determined by election (Government Code Section 35260(b)) the exterior boundaries of which are described in Ex A, attached hereto; annexation of territory to the City of Carlsbad, t exterior boundaries of which are described in Exhibit 6, attached here detachment of territory, as described in Exhibit C attached hereto, fr the City of Carlsbad; reorganization of the San Dieguito Water Distric Encinitas Sanitary District, and Encinitas Fire Protection District, f independent districts to subsidiary districts of the new city pursuant the provisions of the District Reorganization Act of 1965 (LC. 56403) annexation of territory to the Encinitas Fire Protection District, the exterior boundaries of which are described in Exhibit D, attached here detachment of territory, as described in Exhibit A attached hereto, fr CSA No. 83 - San Ilieguito Local Park Maintenance; and dissolution of C Service Areas 90, 34, 91 and 92. 4. The reasons for the proposed reorganization, as set forth in resolution of the Encinitas Fire Protection District are: a. To provide the residents of the new city with local con over planning, land use, traffic flow and other regulatory matter b. To provide a higher level of service than is now receiv (i.e., police and fire protection, and road and public facility mai ntenance). accessible to the citizens of the new city. city area which are now distributed county-wide. encroachment by surrounding cities. 5. c. To increase local representation and make government mo d. To capture, for local use, revenues generated by the ne To protect the new city area and economic base from Pursuant. to Government Code Section 56433, the hearing on th proposed reorganization was held upon the date and at the time specifi the resolution of this Board setting hearing date. At the hearing, pr to consideration of protests, the resolution of the Local Agency Forma Commission making determinations was read aloud or summarized and at s hearing this Board of Supervisors heard and received any oral or writti protests, objections or evidence which were made, presented or filed, requi red by Government Code Section 56434. Government Code Section 56435. e. 6. This Board of Supervisors considered the factors specified i IT IS RESOLVED, FOUND, ORDERED AND DETERMINED as follows: . 4B 4 -3- 1. Written protests filed and not withdrawn do not equal 50% or of the registered voters residing within the territory (Government Cod Sections 56438.1, 35257). 2. Pursuant to Government Code Section 35258 the city, if incorporated, shall have five elected members of the city counci 1. 3. Pursuant to this Board's procedures for Envi ronmental Impact Kevi ew (Cal i forni ti Envi ronmental Qual i ty Act of 1970), the Board certi that it has reviewed and considered the Negative Declaration prepared the Local Agency Formation Commission, dated October 17, 1985, for the proposed San Dieguito Reorganization. A reorganization consisting of the incorporation of the comn of San Dieguito, under the provisions of Government Code Section 5600C seq., the name of which shall be determined by election (Government Cc 35260(b)), the exterior boundaries of which are described in Exhibit P attached hereto; annexation of territory to the City of Carlsbad, the exterior boundaries of which are described in Exhibit By attached here detachment of territory, as described in Exhibit C attached hereto, fr the City of Carlsbad; reorganization of the San Dieguito Water Distric Enci ni tas Sanitary Ui stri ct, and Enci ni tas Fi re Protection Di stri ct, f independent districts to subsidiary districts of the new city pursuant the provisions of the District Reorganization Act of 1965 (G.C. 56403) annexation of territory to the Encinitas Fire Protection District, the exterior boundaries of which are described in Exhibit D, attached here detachment of teri-itory, as described in Exhibit A attached hereto, fr CSA No. 83 - San Dieguito Local Park Maintenance; and dissolution of ( Service Areas 9D, 34, 91 and 92 subject to the terms and conditions st herein, is hereby ordered subject to confirmation of the voters upon t question thereof. IT IS FURTHER RESOLVED, ORDERED AND DETERMINED, as provided in Governn Code Section 56106 et wq., as follows: 1. An election is hereby called to be held on June 3, 1986, wit the boundaries of the entire territory to be reorganized as described all Exhibits attdched hereto upon the question of confirmation by thc voters of the order of this Board on the proposed reorganization. 4. 2. The date of the election shall be June 3, 1986. 3. The question to be submitted to the voters within the bound? of the territory ds described in Exhibit A, attached hereto, (incorpor boundaries) shall be: B L. i, -4- (A) "Shall the order adopted on January 29, 1986, by the Board o Supervisors of the County of San Dieyo ordering a reorganiza i nvol vi rig: (1) (2) (3) (4) Incorporation of the community of San Dieyuito; Annexation of territory to the city of Carlsbad; Detachment of territory from the city of Carlsbad; Reorganization of the San Dieyuito Water District, Enci Sanitary District, and Encinitas Fire Protection Distri from i ndependent districts to subsidiary districts of t new city; (5) Annexation of territory to the Encinitas Fire Protectic Di St ri ct ; (6) Detachment of territory from County Service Area 83 - 2 Di egui to Local Park Mai ntenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 E formation of municipal improvement districts; and (8) In accordance with the State Constitutional requi remenl the establishment of a maximum appropri ati ons 1 imi t foi new city of $13,320,925 for FY 1987-88; be confirmed subject to the terms and conditions specified ' said order?" (B) "Shall the new city be named": (vote for one) Enci ni tas Rancho San Elijo San Dieguito ti E3 CI (C) "Shall members of the city council in future elections be elected: (Vote for one) By District At Large tI e3 (D) In addition, voters shall cast ballots to fill the followin elective offices: Members, City Council (vote for no more than five) !@ $* -5- 4. The question to be submitted to the voters within any terril described in Exhi'bits B, C, or D, which is not included in the boundai of Exhibit A, attached hereto, shall be: "Shall the order adopted on January 29, 1986, by the Board ( Supervi sors of the County of San Diego ordering a reorganizi i nvol vi ng: (1) Incorporation of the community of San Dieguito; (2) Annexation of territory to the city of Carlsbad; (3) Detachment of territory from the city of Carlsbad; (4) Reorganization of the San Dieguito Water District, Enc Sanitary District, and Encinitas Fire Protection Distr from independent di st ri cts to subsi di ary di st ri cts of . new ci ty ; (5) Annexation of territory to the Encinitas Fire Protectil District; (6) Detachment of territory from County Service Area 83 - Di eyui to Local Park Mai ntenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 formation of municipal improvement districts; and (8) In accordance with the State Constitutional requi remen the establishment of a maximum appropriations limit fo new city of $13,320,925 for FY 1987-88; be confirmed subject to the terms and conditions specified said order?" The terms and conditions provided for in the reorganization specified in Exhibit E, attached hereto. The vote required for confirmation of the reorganization wi that a majority of the votes is cast in favor of the reorganization w the boundaries of the entire territory to be reorganized as described a1 1 Exhi bits, attached hereto, as required by Government Code Section 56443. The Registrar of Voters shall cause two Notices of Election published, pursuant to the provisions of Government Code Sections 606 35055 and Elections Code Section 2554 in the San Diego Union and The Citizen. Said Notices shall be given in substantially the following 5. 6. 7. 4 c w- NOTICE OF ELECTION (SAN DIEGUITO REORGANIZATION) NOTICE IS HEREBY GIVEN that the Board of Supervisors of San Diepo Cou called an election to be held within the territory contained within the bo the Community of San Diequito as described in Exhibit A of LAFCO's Resolut 85-9, on June 3, 1986 for the purpose of submittina to the voters within s territory the question of confirmation of the San Dieaui to Reorqanization. election the ballots which voters shall be required to cast shall contain foll owing measure: (A) "Shall the order adopted on January 29, 1986, by the Board !m Supervisors of the County of San Dieqo orderinq a reorqaniz involving: (1) (2) Annexation of territory to the city of Carlsbad; (3) Detachment of territory from the city of Carlsbad; (4) Reorganization of the San Dieguito Water District, Enc Sanitary District, and Enci ni tas Fire Protection Di str independent districts to subsidiary districts of the n (5) Annexation of territory to the Encinitas Fire Protecti District; (6) Detachment of territory from County Service Area 83 - Diequi to Local Park Maintenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 formation of municipal improvement districts; and (8) In accordance with the State Constitutional requiremen establishment of a maximum appropriations limit for th be confirmed subject to the terms and conditions specified order ? 'I Incorporation of the community of San Diequito; of $13,320,925 for FY 1987-88; (B) "Shall the new city be named": Enci ni tas Rancho San Elijo San Dieauito Ci C==l CI (C) "Shall members of the city council in future elections be e By District At Large (Vote for one) cT=13 &I (D) In addition, voters shall cast ballots to fill the followinc offices : Members, City Council (Vote for No More Than Five) The maximum property tax rate was established by Proposition 13 and shall affected by this reorganization. The vote required for confirmation of thi reorganization will be that a majority of the votes is cast in favor of thi reorganization within the boundaries of the Droposed new city. The polls will be open between the hours of 7:OO a.m. and 8:OO p.m. BY ORDER Ot THE BOARD OF SUPERVISORS of the County of San Dieao dated - ~~~I~TR~~' lL * 4 -7- NOTICE OF ELECTION (SAN DIEGUITO REORGANIZATION) NOTICE IS HEREBY GIVEN that the Board of Supervisors of San Diego Coui called an election to be held within the territory contained within the bo1 the community of San Dieguito as described in any territory described in E C, or D, which is not included in the boundaries of Exhibit A of LAFCO's RE RO 85-9, on June 3, 1986 for the purpose of submitting to the voters withir territory the question of confirmation of the San Dieguito Reorganization. election the ballots which voters shall be required to cast shall contain t fol 1 owi ng measure: (A) "Shall the order adopted on January 29, 1986, by the Board ( Supervisors of the County of San Diego ordering a reorganiza i nvol vi ng: (1) Incorporation of the community of San Dieguito; (2) Annexation of territory to the city of Carlsbad; (3) Detachment of territory from the city of Carlsbad; (4) Reorganization of the San Dieguito Water District, Enci Saiii tary District, and Enci ni tas Fi re Protection Di stri independent districts to subsidiary districts of the ne (5) Annexation of territory to the Encinitas Fire Protectio Di stri ct; (6) Detachment of territory from County Service Area 83 - S Di egui to Local Park Ma? ntenance; (7) Dissolution of County Service Areas 9D, 34, 91 and 92 a formation of municipal improvement districts; and (8) In accordance with the State Constitutional requirement. establishment of a maximum appropriations limit for the be confirmed subject to the terms and conditions specified ir o r d e r ? " of $13,320,925 for FY 1987-88; The maximum property tax rate was established by Proposition 13 and shall nc affected by this reorganization. The vote required for confirmation of the reorganization will be that a majority of the votes is cast in favor of the reorganization within the boundaries of the proposed new city, The polls will be open between the hours of 7:OO a,m. and 8:OO p.m. BY ORDER OF THE BOARD OF SUPERVISORS of the County of San Diego ddted I_ RAY J. ORTIZ REGISTRAR 1) e -8- IT IS FURTHER RESOLVED AND ORDERED as follows: 1. Pursuant to Elections Code Section 23302.5, commencing on February 10, 1986 and ending at 5:OO p.m. on March 7, 1986, the voters nominate candidates for the elective offices of the proposed city by signing a nomination paper. Each candidate shall be proposed by not 1 than 20 or more than 30 voters. All nomination papers shall be filed the Registrar of Voters not later than 5:00 p.m. on March 7, 1986, the day before the ellection (Election Code Section 23302.5). All forms required for nomination and election to all municipal offices shall be furnished only by the Registrar of Voters (Election Code Section 22842 Pursuant to Government Code Section 35442, of the five elect members of the city council, the three receiving the lowest number of shall hold office until the first succeeding general municipal electio held in the city (and until their successors are elected and qualified, the two receiving the highest number of votes shall hold office until second succeeding general municipal election held in the city and unti their successors (ire elected and qualified. If two or more members of city council are elected by the same number of votes, the terms of eac shall be determined by lot. The members of the city council elected t succeed the members elected at the incorporation election shall hold o for four years from the Tuesday succeeding their election, and until t successors are elected and qualified. election shall be conducted and officers nominated pursuant to the provisions of the Elections Code concerning local and municipal electi (Elec. Code 22000-23314). 4. The preparation of an impartial analysis of the proposed reorganization, the filing of written arguments for or against the pro1 reorganization, arid the preparation and mailing of a ballot pamphlet st conform with Government Code Sections 56119-56122 and 54794.1. Pursuant. to Government Code Section 56119, the Clerk of this Board is directed, within five days after this resolution is adopted, 1 transmit a certified copy of it by registered mail to the Executive Of' of the Local Agenc:y Formation Commission. appropriate services in connection with the calling, holding and conduc of this election, including compliance with Elections Code Sections 22 22832 and 22842, a.nd preparation of the ballot pamphlet required by Government Code Section 56122. 2. 3. Pursuant to Government Code Sections 56100 and 35055, the 5. 6. The Registrar of Voters shall render all necessary and 7. This election shall be consolidated with any statewide electi or local election called to be held on the same day, in the same territ or in territory that is in part the same, pursuant to Elections Code Section 23300 et seq. .. e -9- 8. Pursuant to Government Code Section 87201, every candidate f the city council of the proposed city shall file with his declaration candidacy a statement di scl osi ng hi s i nvestments and his interests in property (Form 721) . 9. The campaign disclosure provisions of the Political Reform A 1974, as amended (Proposition 9; Chapter 4 (commencing with Section 84 of Title 9 of the Government Code), and in particular Sections 84200 (relating to the ‘filing of campaign statements by each candidate and e committee supportl ng or opposing a candidate or candidates) and 84203 (re1 ati ng to the fi 1 i ng of campai gn statements by each cornmi ttee suppo or opposing a measure), shall be applicable to this election. 10. Pursuant. to Government Code Section 56443, after the canvass the returns of the election upon the question of reorganization, the B of Supervisors shall adopt a resol uti on either: Confirming the order of reorganization where such question w favored by a majority of votes cast thereon within the entir territory within which said election was held; or Determining the order of reorganization defeated by failure receive the requi red vote. 11. Pursuant to Government Code Section 35402, if this order of a. b. reorganization is confirmed by the voters, the new city shall reimburst County for the explenses incurred by the County for conducting proceedir i ncludi ng notice olf pub1 i c heari ny, call i ng and conducti ng the el ecti or Pursuant to Government Code Section 54902.5, if this order 01 reorganization is confirmed by the voters, the State Board of Equalizat fees shall be deferred until such time that the new city receives its 1 revenues. The Clerk of the Board of Supervisors shall immediately tranr a copy of this resolution to the Registrar of Voters of the County of S Di ego. 12. 13. . - __ - - __ __- - - - - -- - -. - - - - -_ -- C;$1yy CC;iy,.IL EY 5v-&iMj; _-- 'F 0 -10- PASSED AND ADOPTED by the Board of Supervisors of the County of San Diegot State of California/ this 29th day Of January, 1986, by the following vote: AYES: Supervisors Bilbray] Baileyr Goldingr Williams and Eckert NOES: Supervisors None ABSENT: Supervisors None --- STATE OF CALIFORNIA ;I ss. COUNTY OF SAN DIEGO )I I, KATHRYN A. NELSON, Clerk of the Board of Supervisors County of San Diego, State of California, hereby certify that coinpared the foregoi.ng copy with the original resolution pass adopted by said Boardl, at a regular meeting thereof, at the time the vote herein stated, which original resolution is now on file office: that the same contains a full, true and correct trar therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors 29th day of January, 1986 (10) KATHRYN A. NELSON Clerk of the Board of Supervis BY Maria A. Tiscareno ueF (SEAL) \ 'V Ac?Optec? I R085-9 "San Dieguito Reorganization" Amen?ed I, I t All that territory' in the County of San Diego, State of Calif1 lying within the following described boundaries: Beginning at the Southwest corner of Solana Palisades, Map No file in the office of the County Recorder of said San Diego Cc April 26, 1949, said Southwest corner also being a point on tl Westerly prolongation of the centerline of Ocean Street as shc said Map No. 2560; 1. Thence along the following courses and distances accordii said Map No. 2560: North 34'20' West 16S.14 feet; North West 146.42 feet; North 60'38O West 67.32 feet; North 5'1 East 53.04 feet; North 3O28'45" West, 137.27 feet: North East 105.45 feet; North 54O31' East 84.76 feet; North 65' 139.35 feet: North 43O01'39" East 97.20 feet; North 34OE 56.11 feet and South 66'29'10" East 42.18 feet to the Southwesterly right-of-way line of State Highway No. 101, District XI, San Diego County, Route 2, Section A, Map or the Office of the State Division of Highways in said Cour Thence North 55'18' East in a straight line to the NorthL right-of-way line of said State Highway 101; 3. Thence Northwesterly along said Northeasterly right-of-wa to the intersection with a line bearing South 43'04'21" Fi 477.72 feet (Deed) from a point on the Westerly line of t foot right-of-way of the Atchison, Topeka and Santa Fe Ra Company distant thereon 1625.00 feet Southerly from the intersection of said westerly line and the northerly line Section 34; Township 13 South, Range 4 West, San Bernardi and Merdian, according to United States Government Survey 4. Thence North 843'04'21" East 477.72 feet to the Westerly 1 the 200 foot right-of-way of said Atchison, Topeka and Sa Railway Company; 5, Thence Southerly along said westerly line to a line beari 83O44'51)" West from the Northwest corner of Lot 29 of Sea Acres, Map No. 2373 on file in the Office of the County R of said San Diego County, December PO, 1946; 6. Thence South 133'44'50" East to said Northwest corner of LC 2. EXE~IEIT "A" Page 1 of 15 IO ! w e 4 L t 7. Thence along the following courses and distances accord: said Map No. 2373: South 83O44'50" East 219.38 feet; Nc 41°04a30" East 114.91 feet and North 3O50'30" West 390.9 8. Thence North 89°40'30" West 20.46 feet; 9. Thence North 03°50t30" West 71.78 feet to the beginning 10. 11. Thence tangent to said curve North 26O09'30" East 55-00 tangent curve concave Easterly having a radius of 200.0C Thence Northerly along said curve through a central angl 30°00'00" an arc distance of 104.72 feet; the beginning of a tangent curve concave Southerly havin radius of 150.00 feet; Thence Easterly along said curve through a central angle 95O27'50" an arc distance of 249.92 feet; 13. Thence tangent to said curve South 58O22'40" East 147.00 the beginning of a tangent curve concave westerly having of 150.00 feet; Thence Southerly along said curve through a central anglt 45°00t00" an arc distance of 117.81 feet to the Northwest corner of land conveyed to Hajimi Matsumoto, et a1 by der recorded August 16, 1955, in Book 5756, Page 277 of offic records in the Office of the County Recorder of said San County, said corner being in the intersection of the Nort line of the Southwest quarter of the Northwest quarter of 35, said Township and Range, with the centerline of said Avenue (R-S- 979); No courses 15, 16 & 17 12. 14, 18. Thence Easterly along said Northerly line to the Northeas of the Southwest quarter of the Northwest quarter of said Section 35; 19. Thence South 89O29' East along the Northerly line of the Southeast quarter of the Northwest quarter Of said Sectio the Northeast corner thereof, as shown on Licensed Survey No, 375, May l929; 20. Thence South 89°28f50" East (Rec. South 89"29' East L.S. : 666.6 feet along the Northerly line of the Northwest quarl the Southwest quarter of the Northeast quarter of said Sec to the Northeast corner thereof; 21. Thence South 0'05' East along the Easterly line of said Nc quarter of the Southwest quarter of the Northeast quarter, feet according to Record of Survey Map No. 3749 on file ir Office of the County Recorder of said San Diego County, October 18, 1955; EXH I B IT " A" Paqe 2of 15 .. I- W 0 ' R085-9 (. t 22. Thence along the following courses and distances as shot Glencrest Unit No. 2 Map No. 3562 on file in the Office County Recorder of said San Diego County, December 13, South 31°58'00" East 101.39 feet, South 64O53'24" East ! feet and South 35O53'24" East 1000.0 feet; 23. Thence South 83°19103" East 78.13 feet to the Westerly I way line of California State Highway 5 XI-SD-2A, Map on the Office of the State Division of Highways in said COI 24. Thence generally in Northerly and Northwesterly directic said Westerly right-of-way line the following courses ar distances: North 16O36'37" West 65.01 feet; North 22O14 362.66 feet: North 09O54'45" West 100.12 feet; North 12' East 292.41 feet; North O8O5O129" West 367.48 feet; Nort 45O23'14" West 198.15 feet: North 15"08'57" West 394.58 North 58O23'03" East 50.0 feet; North 18°41131" West 24: North 35O12'03" West 120.21 feet and North 53O42'39" We: feet; Thence Northeasterly in a straight line to a point on th line of the Northeast quarter of the Northeast quarter o Section 35, distant thereon South OO42'26" West 113.12 f the Northwest corner of said Northeast quarter of the No quarter; 26. Thence North OO42'26" East 113.12 feet to said Northwest 27. Thence South 88"51'41" East 1317.48 feet along the North of said Section 35 to the Northwest corner of Section 36 Township and Range as shown on Record of Survey Map No. file in the Office of the County Recorder of said San Di County, June 15, 1966; 28. Thence South 89°50'56" East 2636.21 feet along the North of said Section 36 to the North quarter corner thereof at to said Reco.rd of Survey No. 6692; the Northwest quarter of the Northeast quarter of said Section 36; 25. 29, Thence South 89°50102" East 496.08 feet along the North 30. Thence South 01°01'06" West, 658.77 feet; 31. Thence South 89O48'08" East, 330.60 feet; 32. Thence North 01°01'06" East, 658.95 feet; 33. Thence South 89O50'02" East along said North line 491.10 the Southwest, corner of the Southeast quarter of the soul quarter of Section 25, said Township and Range; EXHIEIT "A" Paqe 3 of 15 -- -___ .-_ - -_ - - -.-- e 'W R085-9 .* I ,34. Thence North 00'22'52" East along the west line of said so quarter of the southeast quarter, 681.27 feet. according to de 10s Caballos, Map No. 8523 on file in the Office of the Recorder of said County, March 16, 1977; 35. Thence North 89'38'07" East to the southwesterly right-of line of Road Survey No. 1712 (El Camino Real), 50.00 feet map on file in the County Engineer's Office of said Coiint 36. A. Thence nortFLwesterly and northerly along said southwest line to the southwesterly boundary of Rancho Santa Fe, ? No. 1742 on file in the Office of the County Recorder o said San Diego County, December 1922; B. Thence North 32'20' b7est along the southwesterly line o said Rancho Santa Fe to a line which is parallel with a distant 60.00 feet northerly,, at right angles from the line of Lot 3 of said fractional Section 25; 37. Thence South 89'47' West, 638.23 feet along said parallel to the westerly line of said Lot 3, being also the easterl. line of the northwest quarter of the southeast quarter of said Fractional Section 25; 38. Thence North 0'22'52" East along the easterly line of said quarter-quarter to a line which is parallel with and distar 655.31 feet northerly, at right angles from the south line of said quarter-quarter; 39. Thence westerly along sai2 parallel line to the westerly lj of said quarter-quarter; 40. Thence North 0'26'19" East along said westerly line and alc westerly line of the southwest quarter of the northeast quz of said Fractional Section 25 to a point distant thereon North 0'26'19" East, 780.00 feet froE the southwest corner said southwest quarter of the northeast quarter; 41. Thence leaving said westerly line, North 6CO26'19" East, 959.06 feet: 42. Thence North 0'26'19" East, 72.00 feet to a point in the nc line of said! quarter-quarter distant South 89'56'41" East, feet from the northwesterly corner thereof; 43. Thence continuing North 0'25'19" East, 1286.95 feet; 44. Thence South 60'26'19" West, 959.06 feet to a point in the westerly line of the northwest quarter of the northeast qua of said fractional Section 25; 45. Thence northerlv along the westerly line of said quarter-qu to the north line of said Fractional Section 25; EXHIBIT "A" Page 4 of 15 0 .. 'W X08 5- 9 I 46. Thence South 891'49' East, 1579.89 feet to the westerly lin said Yap No. 1742; 47. Thence North 2"'48'P!est along said westerly line to an anql therein, said point being also corner No. 5 as shown on sa Licensed Survey Map No. 197; 48. Thence North 43O30'30" East along the northwesterly line of said Map KO. 1742 to the center line of Seccnd Street ( as shown on the Colony Olivenhain, according to Map No. 32 on file in the County Recorder's Office of said County, July 8, 1885; 49. A. Thence North 72"23' West along said center line to the intersection with the center line of "F" Street (closed), shown on said Yap No. 326; B. Thence along said center line North 15"31'47" East, 402.02 C. Thence leaving said center line, North 74'28'13" West, 40.( to the southeasterly line of Block 9, said Flap No. 326; D. Thence North 72'27'45" P7est, 302.29 feet to the northwestei line of said Block 9; E. Thence leaving said northwesterly line, FTorth 74"28'13" We! 40.00 feet to the intersection with the center line of ''E1' (closed) as shown on said b!ap Eo. 326; 50 - A. Thence northeasterly along said center line to the souther: line of Fourth Street, as shown on said ?lap No. 326; E. Thence southeasterly along said southerly line to a line which bears South 15"33'39" Plest from a point in the northc line of said Fourth Street distant South 72"30'50" East, 9! feet from an intersection with the center line of 'IC," Strec (closed), as shown on said Kap No. 326; C. Thence North 15"33'39" East along said line to tke northerl of said Fourth Street; 51. A. Thence North 72O30'50" West, 99.96 feet along said northerl line to the center line of said 'IG" Street; B. Thence North 15O33'39" East, 715.29 feet alonq said center to the southerly line of Fifth Street, as shown on said YaF 52. A. Thence southeasterly along said southerly line to the east€ line of said "G" Street; B. Thence northeasterly along said easterly line to the center of Fifth Street (closed) - CX~IBIT ii~ll Page S of 15 e RC85-9 'W 53. Thence South 72'21'30'' East, 349.64 feet (record - South 1 72'17' East, 342.15 feet) to the center line of "€1" Street (closed), as shown on said !lap No. 326; 54. Thence North 15'36'53" East, 823.06 feet and North 15'39'3F West, 809.17 feet along said center line to the center linc of 7th Street (closed) as shown on said Pap No. 326; 55. Thence along said center line of 7th Street, South 72'51'55 252.91 feet; 56. Thence leaving said center line, North 15'35'56" East, 799 feet to the center line of Eightk Street (closed ) as shok said Nap No. 326; 57. Thence North 72'47'24' Best, 252.92 feet along said center to the center line of said ''H" Street (closed); 58. Thence North 15'35'56'' East, along said center line to the north line of Ninth Street as shown on said Map No. 326; 59. Thence South 72'44'01'' East, alorlq said norLh line to the c line of "J" Street (closed) as shcwri on said Map No. 326; 60. Thence North 15'40'13" East, along said center line of saic Street to the northerly line of Road Survey No. 448 (El Can Del Norte) , Kap on file in the County Engineer's Office of County; line of said P4ap No. 1742; 61. Thence southeasterly along said northerly line to the nortk 62. Thence North 43'30'30" East along said northwesterly line t angle point therein, said point being also corner No. 4 as on said Licensed Survey Map No. 197; 63. Thence South 65'12'50" East, (Record - South 67' west) alor northeasterly line of said Map No. 1742 to a point distant North 65'12'50" West, 1180.00 feet from the southeasterly c of Fractional Section 17, Township 13 South, Range 3 West, Bernardino Ease and Meridian, being also an angle point in boundary of the Rancho Santa Fe Community Services District as established by their Resolution No. 85-6, adopted March 1985, by said district; 64. Thence leaving ,said northerly boundary along said district boundary the following courses: A. North 6'32'59" West, 265.00 feet (record North 6'04' We5 B. North 67'06''55" East, 1238.00 feet (Record - North 66'52 East) to the east line of said Section 17; 65. Thence northerly along the east line of said Section 17 to northeast corner thereof; EX H I B T. T Page 6 of 15 VI A" 0 -b 'W kO85-9 66A. Thence northerly along the west line of Section 9, said Tc 13 South, Range 3 West, to the northwest corner of the soul quarter of the southwest quarter of said Section 9; 66B. Thence easterly along the north line of said quarter-quartc the northwest corner of the north half of tke northeast qu; of the southwest quarter of the southwest quarter of said : 66C. Thence solitherly along the west line of said north half to southwest corner thereof: 66D. Thence easterly along the south line of said north half to east line of the west quarter of said Section 9; 67. Thence northerly along said east line and along the east 1I of the west quarter of Section 4, said! Township and Ranqe t the east and west center line of said Section 4; 68. Thence westerly along said east and west center line to the east line of fractional Section 5, said! Township and Range; 69. Thence NGrth 0'57'05" West, 1363.47 feet (Record - North 0'57'05" "\lest) along said east line to the north line of tl. south half of the north half of said Section 5; 70. Thence along said north line South 89'55'40" PTest, 2014.96 71. Thence leaving said north line South 0'25'28" vest, 307.41 to a non-tangent 1937.00 foot radius curve concave southwe: a radial line bearing South 49'36'05" West from said point; 72. Thence northwesterly, 1022.26 feet along said curve througi central angle of 30'14'17''; 73. Thence North 70'38'12" Kest, 145.02 feet to a tangent 20.0( radius curve concave southeasterly; 74. Thence northwesterly, westerly, and southwesterly 31.42 fec along said curve through a central angle of 90"OO'OO": 75. Thence South 19"21'48" West, 12.40 feet to a tangent 851.0( foot radius curve concave northwesterly; 76. Thence southwesterly, 479.33 feet along said curve through central angle of 32'16'34": 77. Thence South 51'38'22" West, 389.48 feet to the easterly bc of the Rancho Las Encinitas, according to Map thereof No. t filed in the Office of the County Recorder of said San Ciec 78. Thence northerly along said easterly boundary to the southc corner of Fractional Lot 6 of said Rancho Las Encinitas; NO COURSES 79, 80, 81, 82, 83 EXIIIBIT "A" Page 7 of 15 0 W R085-9 , \ 84. Thence Wester1:y along the Southerly line of said Lot to the Southwesterly corner thereof; Thence Southerly along the Easterly lines of Lots 8 and 15 of said Map No= 848 to the Southerly line of said Lot 15; Thence Westerly along said line to a point 835.00 feet Easterly from the Southwest corner of said Lot 15; 85. 86. 87. Thence North 6"40' West, 612.00 feet; _._---- 88. Thence North 87O25"34" West, 808.75 feet to the Westerly line of said Lot 15; 89. Thence Southerly along said line to the Southerly line of Lot 14, said Map No. 848; 90. Thence Westerly along said Southerly line to the South- westerly line of Road Survey No. 454-A (Rancho Santa Fe Road), Map on file in the County Engineer's Office of said County; 91. Thence Northwesterly along said Southwesterly line to a line bearing North 87O03'55" East from a point on the West€ line of Lot 13, of Map No. 848, distant thereon 1323.85 feet Northerly from the Southwest corner thereof; Thence South 87O03'55" West to said Westerly line of Lot 1: being also the Easterly line of Lot 12 of said Map 848; 93. Thence Korth 2°50'30" East, 1323.84 feet along the easterly 92. line of said Lot 12 to the northeast corner thereof, being also the southeast corner of Lot 11 of said Map 848; 94. Thence North 3O35'15" West along the easterly line of said to the northerly right-of-way line of San Diego County Road Survey KO. 1631 (Clivenhain Road - 60 feet wide), map on fi in the Office of the County Engineer of said County: 95A.Thence westerly and northwesterly along said northerly line of said Roc?d Survey to the point of intersection with the easterly right-of-way line of Road Survey No. 1800-1, (approved September 8, 1970) map on file in the Office of t County Engineer of said County, said point being in the arc of a non-tangent 9045.00 foot radius curve concave westerly a radialline to said point bears South 88"55'18" Cast; T.:.'I:II?TT "A" Page 8 of 15 e .a 'W , R085-9 95B. Thence generally southerly along said easterly right-of-wa line to the intersection with the east-west center line of Township 13 South, Range 4 West: 95C. Thence westerly along said east-west center line to the ea of the west half of the southwest quarter of said Section 95D. Thence southerly alon$ said east line to the south line of Section 11; 95E. Thence westerly along said south line to the southwest cor thereof, being also the southeast corner of Section 10, sa Township and Range; 95F. Thence northerly along the east line of said Section 10 to north line of the south quarter of said Section; 95G. Thence westerly along said north line to an intersection w the westerly line of Road Survey No. 700 (Saxony Rcad) Map file in the County Engineer's Office of said County; 95H. Thence southerly along said xesterly line to a line which South 89O49'30" West from a point in the east line of tl-e quarter of the southwest quarter of said Section 10 distan North 1'08' East, 388.02 feet from the southeast corner of quarter-quarter, said point being Point ''A" ; 951. Thence South 89O49'30" West along said line to an intersec the easterly right-of-way line of State Highway XI-SD-2A m on file in the Office of the State Division of Highways of County, said point of intersection bears South 89O49'30" W 629.07 feet from said Point ''A"; 95J. Thence along said easterly right-of-way line as follows: A. North 18°22'10" West, 313.70 feet; B, North 16O35'45" West, 250.20 feet (Record - North 15'56 c. North 14'18'44" West, 300.00 feet (Record - North 13O39 D. North 20~10'11" West, 352.28 feet; E. North 2O20'20" West, 127.47 feet (Record 119.26 feet) t angle point therein, said angle point being the southea corner of the land conveyed to T. Weber and Lydia Weber deed dated .June 19, 1929, and recorded in Book 1650, pa 424 of Deeds, of said County; EXH I B IT Page 9 of 15 I' A" e .* 'I R085-9 95K. Thence leavin? said easterly right-of-way North 35'45' Eas 521.94 feet to the most southerly corner of the land conve; to Herbert G. Stewart by deed dated April 16, 1929, and rei in Book 1616, page 349 of Deeds; 95L. Thence North GO'East, 58.16 feet along the southeasterly 1 of the land so conveyed to said Stewart to the westerly li the land conveyed to Lester H. Smith and Katherine A. Smit' deed dated May 3, 1930 and recorded in Book 1772 page 150 ( 95K. Thence along said westerly line, South 1'02' West, 285.26 95N. Thence leaving said westerly line, South 89'43' East to th line of said Road Survey No. 700 (Saxony Road); 950. Thence northerly along said easterly lirie to the north lin south half of t.ke southeast quarter of the northwest quart said Section 10; 95P. Thence South 891'19' East along said north line to the nort center line of said Section 10; 95Q. Thence southerly alony said north-south center line to the line of Road Survey No. 462 (Union Street) Kap on file in County Engineer's Office of said County: 95R. Thence easterly along said southerly line and the easterly ation thereof to the easterly line of RoaS! Survey No. 373 (Quail Gardens Drive) ICap on file in the County Engineer's of said County; 95s. Thence North 17'40'35" West along said easterly line to th east-west center line of said Section 10; 95". Thence South 8S1°02' 40" East along said east-west centerlin a point distant thereon South 83"02'40" Ea:,t, 687.76 feet center of said Section 10; r'. 95U. Thence leaving said east-west center line North 18"12'12" 172.85 feet to the southerly line of Parcel Map No. 4957, in the County Recorder's Office of said County; 9517. Thence South 8g007'59" East along said southerly line to tl east line of the southwest quarter of the northeast quarte said Section 10; EX I1 I BIT 'I A" Page 10 of 15 0 .' 'W R085-9 95W. Thence nortkerly along said east line to the northeast cor] thereof; 95X. Thence North 89'44'30" West, 1318.70 feet along the north . of said ruarter-quarter to the north-south center line of s Section 10; 95Y. Thence North 2'16'51" East, 1299.48 feet along said north-r center line to the north line of said Section 10, being alr the south line of Section 3, said Township and Range; 96A. Thence North 0'02'16" East, 1976.36 feet along the north-sc center line of said Section 3 to the northerly line of Fox according to Map thereof No. 7832, filed in the Office of 1 County Recorder of San Dieao County; 96B. Thence South 89'51'47" East, 138.29 feet along the norther of said Fox Point to the northeast cornor thereof; 96C. Thence aloncJ the northerly prolongation of the east line 0' Fox Point, North 0'02'26" East, 658. 43 feet more or less ' east-west center line of said Section 3; 96D. Thence leaving said east-west centerline North 7'31'06" We: point in a line that is parallel with and distant souther11 feet measured at right angles from the nortkerly line of LC Section 3; 96E. Thence easterly along said last mentioned parallel line to in a line that is parallel with and distant easterly 495.01 measured at right angles from the westerly line of said Lo 96F. Thence northerly along said last mentioned parallel line tc in a line that is parallel with and distant southerly 308.1 measured at right angles from the nortl-erly line of said LC 96G. Thence easterly along said last mentioned parallel line to west line of said Lot 1 of said Section 3; 96H. Thence southerly along said westerly line to a point in a that is parallel with and distant southerly 880.00 feet me at right angles from the northerly line of said Lot 1; 961. Thence easterly along said last mentioned parallel line to easterly line clf said Section 3, being also the westerly 1 Section 2, said Township and Range; 97. Thence northerly along the westerly line of Section 2 to t line thereof; EXHIBIT "A" Page 11 of 15 'W e R085-9 98. Thence Easterly along said Northerly line to the North- South center line of Section 358 Township 12 South, Range West; 99. Thence northerly along the north-south center line of saic Section 35 to the southerly line of Road Survey No. 1796-1 (La Costa Avenue) map on file in the County Engineer's Ofl of said County; 100. Thence generally westerly along said southerly line to thc intersection with the easterly line of said State Highway XI-SD-2-A (Interstate 5) said point of intersection being the most easterly corner of that certain parcel of land relinquished to the County of San Diego from the State of California by relinquishment No. 147298 as shown on Sheet State Highway Map No. 56 on file in the Office of the Stat Division of Highways of said County, also being a point ir a non-tangent 399.99 foot radius curve concave southeastel a radial line lbears North 33"06'13" West to said point; 101. Thence along the boundary of said parcel of land the follol courses: A. Southwesterly, 307.06 feet along said curve through a central angle of 43O59'05" to the easterly line of Lot 9 of Section 33, said Township and Range; B. North 0°42'87" West, 65.19 feet along said easterly line to a point in a non-tangent 479.98 foot radius curve concave easterly, a radial line bears North 67'49'42" West to said point; C. Southerly, 131.47 feet along said curve through a central angle of 15°41t36"; South 6"28'42" West to the southerly line of 6344 Lot 9; D, EX3 I I3 I T I' A" Page 12 of 15 ,a 'W ' R085-9 102. Thence westerly along said southerly line to a line which South 34O17'20" East (Record-South 34O06' East) from the southeasterly corner of Lot 1 of Avocado Acres No. 3, accc to map thereof No. 2063, filed in the County Recorder's OJ of said County, October 3, 1927; 103. Thence North 34°17'20" West along said line to the south- easterly corner of said Lot I, being a point in the northt line of Road Survey No. 346 (La Costa Avenue) map on file the County Engineer's Office of said County; 104. Thence westerly along said northerly line to a line which South 7O01'34" West from an angle point in the westerly 1: of said State Highway formed by the courses "North 75O32'( East 125.00 feet and North 7"01'34" East, 37.76 feet", as shown on said State Highway map; 105. Thence North 7O01'34" East along said line to said angle I 106. Thence along the westerly line of said State Highway the following courses: A. North 7'01'34" East, 37.76 feet; B. North 16'12'31" West to an angle point; C. North 50'22'41" West, 134.98 feet; D, North 43'25'30" West, 241,70 feet to the easterly boundary line of Lot 8 of said Section 33; 107. Thence northerly along said easterly boundary line to the northerly boundary line of Lot 8 of said Section 33, beinc the southerly meander line sf the Salt Marsh of the BatiqL Lagoon, as the said meander line of the said Salt Marsh is shown and depicted upon the plat of Fractional Township 1; South, Range 4 West, S.B.B. & M., dated October 25, 1875, file in the U. S, Surveyor GeneraZPs Office, San Franciscc California: EXXIBIT "A" Page 13 of 15 a w R08S-9 108, Thence northwesterly and southwesterly along the northerly boundary line of Lot 8 of said Fractional Section 33, to iti intersection with the easterly line of Lot 7, said Section 109. Thence southwesterly, westerly and southwesterly along the northerly line of said Lot 7 of said Fractional Section 33, is also the abovementioned meander line of said Salt Marsh, the most westerly corner of said Lot 7; 110. Thence continuing along said meander line to the northeastc line of State Highway XI-SD-2-B (Formerly U.S. 101 as locat July 1955); 111. Thence generally southeasterly along said northeasterly li; the intersection with the northeasterly prolongation of thl northwesterly line of that certain road easement, 60 feet width, conveyed to Milton R. and Audrey J. Nims, husband a wife, as descri.bed in Exhibit "C" of the grant of easement recorded April 29, 1976, by file page 76-127564 in officia records of said county, the center line of said road easem being described as follows: Beginning at the intersection of the northerly line of lot Section 33, Township 12 South, Range 4 West, San Bernardir and Meridian, as said Lot 10 is shown on Record of Survey No. 528, filed in the County Recorder's Office on Februarj 1936, with the southwesterly line of California State Hig' Road XI-SD-2-B; thence South 66O46' West along said north line of lot 10 and along the prolongation thereof 459.74 an angle point in the westerly boundary of the land descr under Parcel 2 in deed to George N. Rhue, et ux, recorded 5, 1955 in Book 5486, page 291, Official Records; thence said boundary line South 36O44O East, 108.27 feet; thence 37"56' West, 30.91 feet thence continuing along the bound said Rhue land, South 51O04' East, 77.50 feet; thence Sou 67O32' East, 75.00 feet; thence South 78O12'; East 100.00 to point "A"; being the northwesterly corner of said 60.C wide road easement; thence continuing along the boundary Rhue land, South 14' East, 30.00 feet to the true point ( beginning of said center line; thence North 76' East, 29, to the beginning of a curve concave to the north and hav. radius of 200.00 feet; thence along the arc sf said curv feet; thence North 59O East, 28-08 feet to the beginning curve concave to the south and having a radius of 189.50 thence along the arc of said curve, 56.116 feet; thence arc of a reverse curve concave to the north and having a of 189.50 feet, 155.282 feet; thence along the arc of a curve concave to the south and having a radius of 189.50 59.450 feet; thence North 46°59130" East to the intersec the southwest.erly line of California State Highway Road B, said intersection being the terminal point of center the 60.00 foot wide easement; E XK I I3 IT Page 14 of 15 " A" 0 w .. R085-9 112. Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet t easement to said point "A"; 113. Thence North 78O12' West, 100.00 feet; 114. Thence North 67'32' West, 75-00 feet; 115. Thence North 51O04' West, 77.50 feet; 116. Thence South 64O16' West to an intersection with the mea* tide line of the Pacific Ocean; 117, Thence due West, 3 miles to the boundary of the State of California; 118. Thence southerly along said boundary of the State of Cal to the Southwesterly prolongation of the center line of Street according to said Map No. 2560; 119. Thence Northeasterly along said prolongation to the Sout corner of Solana Palisades according to said Map No. 256 point of beginning. 12,810 + or - acres (land) 13,190 -t or - acres (water) sc: na LAFCO Jan. 13, 1986 Approved by the Local Agency Formation "z Commmon of San Dlego JAN -6 @w4L?cuu. Executive Othcer of wd CommiSSm EXHIBIT "A" Page 15 of 15 0 * R085-9 'W ANNEXATION TO THE CITY OF CARLSBAD PARCEL NO. 1 All those submerged lands of the Pacific Ocean, in the County Diego, State of California, lying within the following descrik boundaries: Beginning at the most westerly corner of Lot 7 of Section 33, 12 South, Range 4 West, San Bernardino Base and Meridian, beir the southerly meander line of the Salt Marsh of the Batiquitos as the said meander line of the said Salt Marsh is shown and c upon the plat of Fractional Township 12 South, Range 4 West, : M., dated October 25, 1875, on file in the U.S. Surveyor Gener Office, San Francisco, California; 1. Thence continuing along said meander line to the northeas line of State Highway XI-SD-2-B (Formerly U.S. 101 as loc July 1955); 2. Thence generally southeasterly along said northeasterly 1 the intersection with the northeasterly prolongation of t northwesterly line of that certain road easement, 60 feet width, conveyled to Milton R. and Audrey J. Nims, husband wife, as described in Exhibit 'IC" of the grant of easemen recorded April 29, 1976, by file page 76-127564 in offici records of said county, the center line of said road ease being described as follows: Beginning at the intersection of the northerly line of lo Section 33, Township 12 South, Range 4 West, San Bernardi and Meridian, as said Lot 10 is shown on Record of Survey 528, filed in the County Recorder's Office on February 7, with the southwesterly line of California State Highway R SD-2-B; thence South 66O46' West along said northerly lin 10 and along Iche prolongation thereof 459.74 feet to an a point in the westerly boundary of the land described unde 2 in deed to George N. Rhue, et ux, recorded January 5, 1 Book 5486, page 291, Official Records; thence along said 1 line South 36'44' East, 108.27 feet; thence South 37"56' 1 30.91 feet thence continuing along the boundary of said R: land, South 5:L004s East, 77.50 feet: thence South 67'32' j 75.00 feet; thencs South 78"12' East 100.00 feet, to poind being the northwesterly corner of said 60.00 feet wide ro( easement; thence continuing along the boundary of said Rh1 South 14" East, 30.00 feet to the true point of beginning center line: thence North 76" East, 29.50 feet to the beg of a curve concave to the north and having a radius of 201 feet; thence along the arc of said curve, 59.341 feet; thc North 59" East, 28.00 feet to the beginning of a curve cor the south and having a radius of 189.50 feet; thence aloni arc of said curve, 56.116 feet; thence along the arc of a curve concave to the north and having a radius of 189.50 1 E Y I: I B I T " P, " Paqe 10' 2 0 W .* R085-9 155.282 feet: thence along the arc of a reverse curve cc the south anld having a radius of 189.50 feet, 59,450 fee North 46O59'30" East to the intersection with the southb line of California State Highway Road XI-SD-2-B, said intersection being the terminal point of center line of foot wide easement; 3. Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet easement to said point "A"; 4. Thence North 78"12' West, 100.00 feet; 5. Thence North 67'32' West, 75.00 feet: 6, Thence North 51'04' West, 77-50 feet; 7, Thence South 64'16' West to an intersection with the mec tide line of the Pacific Ocean, and the true point of be 8, Thence northwesterly along said mean high tide line to t intersection of said southerly meander line of the Salt the Batiquitos Lagoon; 9. Thence southwesterly along a line parallel with the most southeasterlly line (having a bearing South 51'33'10" Wes that certain uninhabited territory known and designated "St. Malo Beach Addition to the City of Oceanside" annex said City of Oceanside on November 3, 1950, pursuant to No. 668 adopted by the City Council of said City of Ocea September 13,, 1950, said parallel line being prolonged southwesterly from the intersection of Mean High Tide Li x Pacific Ocean and the southerly meander line of the Salt the Batiquitos Lagoon, as the said meander line of the s Marsh as shown on the aforesaid plat of fractional Towns South, Range 4 West, S.B.B. & M.r to the intersection wi which bears clue west from the true point of beginning; 10. Thence due east along said line to the true point of beg 1.00 2 acre sc : iw 12/19/85 LAFCO Approved by the Local Agency Fern . Commission of San Dlego J9.N -6 pfLL ExmM OnnSr d 88ld mrnrWo E X I7 f 13 IT 'I C 'I PLiqc 2 of 2 0 - ~085-9 I'San rieguito w Reorganization" I. DE'TACHMENT FROM THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT PARCEL NO. 2 All those submerged lands of the Pacific Ocean, in the City c Carlsbad, County (of San Diego, State of California, lying wit following described boundaries: Beginning at the most westerly corner of Lot 7 of Section 33, 12 South, Range 4 West, San Bernardino Base and Meridian, be: the southerly meander line of the Salt Marsh of the Batiquitc as the said meander line of the said Salt Marsh is shown and upon the plat of Fractional Township 12 South, Range 4 West, M., dated October 25, 1875, on file in the U.S. Surveyor Gene Office, San Francisco, California; 1. Thence continuing along said meander line to the northez line of Statle Highway XI-SD-2-B (Formerly U.S. 101 as IC July 1955); 2. Thence generally southeasterly along said northeasterly the intersection with the northeasterly prolongation of northwesterly line of that certain road easement, 60 fee width, conve*yed to Milton R. and Audrey J. Nims, husbanc wife, as described in Exhibit "C" of the grant of easeme recorded April 29, 1976, by file page 76-127564 in offic records of said county, the center line of said road eas being described as follows: Beginning at the intersection of the northerly line of 1 Section 33, 'Township 12 South, Range 4 West, San Bernard and Meridian, as said Lot 10 is shown on Record of Surve 528, filed iin the County Recorder's Office on February 7 with the southwesterly line of California State Highway SD-2-B; thence South 66'46' West along said northerly li 10 and along the prolongation thereof 459.74 feet to an point in the westerly boundary of the land described und 2 in deed to George N. Rhue, et ux, recorded January 5, Book 5486, page 291, Official Records; thence along said line South 316~44' East, 108.27 feet; thence South 37"56' 30.91 feet t:hence continuing along the boundary of said land, South 51'04' East, 77.50 feet; thence South 67O32' 75.00 feet; thence South 78'12' East 100.00 feet, to poi being the northwesterly corner of said 60.80 feet wide r easement; thence continuing along the boundary of said R South 14" East, 30.00 feet to the true point of beginnin center line; thence North 76" East, 29.50 feet to the be of a curve concave to the north and having a radius of 2 feet; thence along the arc of said curve, 59.341 feet; t North 59" East, 28.00 feet to the beginning of a curve c the south and having a radius of 189.50 feet; thence alo arc of said curve, 56.116 feet; thence along the arc of EXW I E IT " C " Pacje 1 cf 2 e w R085-9 I v curve concave to the north and having a radius of 189.5C 155.282 feet; thence along the arc of a reverse curve cc the south and having a radius of 189.50 feet, 59.450 fec North 46O59'30" East to the intersection with the south\ line of California State Highway Road XI-SD-2-B, said intersection being the terminal point of center line of foot wide easement; 3. Thence gener(a1ly southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet easement to said point "A"; 4. Thence North 78'12' West, 100.00 feet; 5. Thence North 67'32' West, 75.00 feet; 6. Thence North 51'04' West, 77.50 feet; 7. Thence South 64'16' West to an intersection with the mee tide line of the Pacific Ocean, and Point "B"; intersection of said southerly meander line of the Salt the Batiquitos Lagoon and Point "C"; 9. Thence southwesterly along a line parallel with the most southeasterly line (having a bearing South 51O33'10" Wes that certain uninhabited territory known and designated "St. Malo Beach Addition to the City of Oceanside" annex said City of Oceanside on November 3, 1950, pursuant to No. 668 adopted by the City Council of said City of Ocea September 13, 1950, said parallel line being prolonged southwesterly from the intersection of Mean High Tide Li Pacific Ocean and the southerly meander line of the Salt the Batiquitos Lagoon, as the said meander line of the s Marsh as shoisn on the aforesaid plat of fractional Towns South, Range 4 West, S.B.B. & M., to the intersection wi which bears due west from Point "Bn and the true point o beg inning; 10. Thence due west, 3 miles to the boundary of the State of California; 11. Thence southerly along said boundary of the State of Cal to a line which bears south 51'33'10" west from the true beg inning; beginning . 8. Thence northwesterly alonq said mean high tide line to t 12. Thence north 51"33'10n east along said line to the true Approved by the Loat Agency Formatiol Commission of San Diego 1,054 acres J.?N -6 gLzL sc : iw EXE TBTT 'IC" 12/L9/8 5 LAFCO Paye 2 of 2 m01WdUd- 0 w .. w . y R085-9 "San Dieguito Reorganization" Annexation to Encinitas Fire Protection District Parcel No. 1 All that portion of Sections 34 and 35, Township 12 South, Ran 4 West, San Bernardino Ease and Meridian, in the County of San Diego, State of CaLifornia, according to United States Governm Survey, lying withiLn the following described boundaries: Beginning at the southwest corner of said Section 35; 1. Thence easterly along the south line of said Section 35 to south quarter corner of said Section 35; 2. Thence northerly along tke north-south center line of said Section 35 to the southerly line of Road Survey No. 1796-65 (La Costa Avenue) map on file in the County Engineer's Offi of said County; 3. Thknce generally westerly along said southerly line to the intersection wit-h the east line of Lot 7 of Section 34, sai Township 12 South, Range 4 P7est; 4. Thence due south along said east line to the south line of Lot 7; 5. Thence due west along said south line to the southwest corn said Lot 7, being also the northwest corner of the southwes quarter of the southeast quarter of said Section 34; 6. Thence due south along the west line of said quarter-quarte to the southwest corner thereof; 7. Thence North 89"46'32'' East along the south line of said qu quarter to the southwest corner of the southeast quarter of southwest quarter of the southeast quarter of said Section 8. Thence along the west line thereof North O"35'50" West, 669 feet to the northwest corner of said quarter-quarter-quarte 9. Thence North 89"47'31" East, 661.56 feet along the north li thereof to the northeast corner of said quarter-quarter-qua 10. Thence along the north line of the south half of the southt quarter of the southeast quarter of said Section 34, North East, 1322.28 feet to the easterly line thereof, beinq alsc westerly line of said Section 35; 11. Thence South O"09'41" East, 668.92 feet along said westerl: to the point of beginning. 233.40 Acres EXHIBIT "D" Page 1 of 5 0 I- .* R085-9 Parcel No. 2 All that portion of Sections 2 and 3, Township 13 South, Range San Bernardino Base and Meridian, in the County of San Diego, S of California, according to United States Government Survey, ly within the following described boundaries: Beginning at the corner common to Sections 2, 3, 10 and 11, sai Township 13 South, Range 4 West; 1. Thence due east along tFLe south line of said Section 2 to ar intersection with the westerly boundary of Rancho Las Encini according to Map thereof No. 848, filed in the County Record Office of San Diego County, June 27, 1898; *I ' 2. Thence northwesterly along said westerly boundary to an intc with the northerly right-of-way line of San Diego County Roa Survey No. 1631 (Olivenhain Road - 60 feet wide) map on file the Office of the County Engineer of said County; 3. Thence westerly and northwesterly along said northerly line said Road Survey to the point of intersection with the east€ right-of-way line of Road Survey No. 1800-1, (approved Septe 1970) map on file in the Office of the County Engineer of sa County, said poi.nt being in the arc of a non-tangent 9045.0C radius curve concave westerly, a radial line to said point be South 88O55'18" East; 4. Thence northerly, 762.01 feet along said curve and easterly right-of-way line through a central angle of 4"49'37" to a E lying Xorth 86'15'05" East, 45.00 feet from Engineer's Stati 89+65.46 E.C. in the center line of said Road Survey; 5. Thence continuing along said right-of-way line North 3"44'5E West to the intersection with a line which bears North 88'35 East from a point in the westerly line of the northeast quar of the southwest quarter of Section 2, said Township and Rar distant thereon, South 4°20'10" East, 914.20 feet from the northwest corner thereof: 6. Thence leaving said easterly right-of-way line along said 1: South 88'39'20" West to said point; 7. Thence along said westerly line, South 4°20'1011 East, 431.0( to the southeast corner of the northwest quarter of the soul quarter of said Section 2; 8. Thence westerly along the south line of said quarter-quartel the westerly line of said! Section 2, being also the easterl] of said Section 3; 9. Thence northerly along said easterly line to a point in a 1 that is parallel with and distant southerly 880.00 feet mea: at right angles from the northerly line of T,ot 1, said Sect. EXHIBIT 'ID" Page 2 of 5 0 'W ., R085-9 d ' '10. Thence westerly along said last mentioned parallel line to west line of said Lot 1; 11. Thence northerly along the west line of said Lot 1 to a poi in a line that is parallel with and distant southerly 308. feet measured at right angles from the nortberly line of LC of said Section 3; 12. Thence westerly along said last mentioned parallel line to in a line that is parallel with and distant easterly 495.0( measured at right angles from the westerly line of said Lo1 13. Thence southerly along said last mentioned parallel line tc point in a line that is parallel with and distant souther: feet measured at right angles from the northerly line of SE 14. Thence westerly along said last mentioned parallel line to which bears South 7O31'06" East from the northwest corner c Lot 2; 15. Thence South 7O31'06" East to the intersection of the east west center line of Section 3 and the northerly prolongatic the east line of said Fox Point, according to Map thereof E filed in the Office of the County Recorder of San Diego COI 16. Thence along said northerly prolongation South 0°02'16" We: 658.43 feet more or less to the northeast corner of sai6 Fc 17. Thence North 89O51'47" West, 138.29 feet along the norther: of said Fox Point to the north and! south center line of sa. Section 3; 18. Thence along the said north and south center line, South 0' West, 1976.36 feet to the south line of said Section 3; 19. Thence easterly along said south line to the point of hegii 415.58 Acres Parcel No. 3 All that portion of Sections 34 and 35, Township 13 South, Ran( San Bernardino Base and Meridian, in the County of San Diego, 1 of California, according to United States Government Survey, 1. within the following described boundaries: Beginning at a point on the south line of the northwest quarte southwest quarter of Section 35, distant thereon North 59°40'3~ 633.53 feet, from the southeast corner of the northwest quarte the southwest quarter, said point of beginning being the inter of the center line of Rios Avenue, with the south line of said northwest quarter of the southwest quarter of Section 35, as SI Map of Cypress Tract No. 1783, filed in the Office of the Coun EX €1 I B I T 'I D I' Page 3 of 5 a w rt R085-9 *I ' of San Diego County; 1. Thence North 13°22'40" Eest, along said center line of Rios 2602.62 feet: 2. Thence continuing along the prolongation of said center line Rios Avenue, Xorth 13°22'40" PJest, 120.00 feet to a point on south line of the northwest quarter of the northwest quarter Section 35; 3. Thence along said south line and the south line of the north quarter of the northeast quarter of said Section 34, North 89 West, 446.80 feet to a point on a non-tangent curve, concave easterly having a radius of 200.00 feet, a radial line beari North 80O54'53" PJest to said point, said point being the tru point of beginning; 4. Thence northerly, 59.60 feet along said curve through a cent angle of 17°04'2C1"; 5. Thence tangent to said curve Xorth 26°09'30" East, 55.00 fee the beginning of a tangent curve concave southerly having a of 150.00 feet: 6. Thence easterly along said curve throiigh a central angle of an arc distance of 249.92 feet; 7. Thence tangent to said curve South 58"22'40" East, 147.00 fe concave westerly having a the beginning of a tangent curve, of 150.00 feet: 8. Thence southerly along said curve through a central angle of an arc distance of 117.81 feet to the northwesterly corner o conveyed to ISajimi Matsumoto, et a1 by deed recorded August in Book 5756, Page 277 of Official Records in the Office of County Recorder of said San Diego County, said corner being the intersection of the nortl-erly line of the southwest quar of the northwest quarter of Section 35, said Township and Ra with the center line of said Rios Avenue (R.S. 979); 9. Thence easterly along said northerly line and along the nort line of the southeast quarter of the northwest quarter and a the northerly lire of the south half of the northeast quarte said Section 35 to the survey center line of California Stat Highway XI-SD-5 according to Record of Survey Nap Yo. 6692, in the Office of the County Recorder in said County and Stat 10. Thence northwesterly along said center line to the north lin said Section 35; 11. Thence westerly alonq the northerly line of said Sections 35 to the mean high tide line of the Pacific Ocean: EXHIEIT "D" Paqe 4 of 5 L 0 'W -1 * 1% , R085-9 12. Thence southerly along said Mean High Tide Line to the south line of Lot 1 of said Section 34; 13. Thence easterly along said southerly line and! the soutl-. line northeast qvarter of the.northeast quarter of said Section C the true point oE beginnlng. 175.57 Acres sc : iw 12/19/85 LAFCO ApProved by the Lod Agency Formation . , Commission of Sari D'ego JAN -6 dk-d')"-" E-tlVO 0mar af SId comm'um E X€! I B IT " D It Page 5 of 5 . Adopted Amended * YW .I. TERMS AND COT\!DITIONS *) .I r " SAN D I EGU I TO REO RGANI 2 AT I ON " (INCORPORATION) (R05-9) 1. The effective date of this "San Dieguito Reorgani shall be October 1, 1986, except as otherwise st; these Terms and Conditions (Government Code Sections 5 and 56456). Upon and after that date: a) Terms of office for the members of the City Counc shal.1 be subject to Government Code Sectio 3544,2 and 35443 (Government Code Sections 365 and 5647O[s]); b) The City Manager, City Clerk, and City Treasur shall be appointed by the City Council (Governme Code Sections 35111.5 and 5647O[q]); c) Pursuant to Government Code Section 35441, t City Council of the new city shall, immediate following its organization and prior to performi any other official act, adopt an ordinance providj that. all county ordinances theretofore applicati shall remain in full force and effect as Ci ordinances for a period of 120 days thereaftc or until the San Dieguito City Council has enact ordinances superseding them, whichever sha first occur (Government Code Section 5647OcqI); d) Pursuant tq Government Code Section 35448, t Board of' Supervisors shall continue to furnis without additional charge, to the area incorporat all services furnished to the area prior to t incorpora tion. Such services shall be furnisl for the remainder of the fiscal year during wh: the incorporation became effective, or unt the San DiequitoCity Council requests discontinua of the services, whichever shall first oc( (Government Code Section 5647Q[q]); e) The incorporated portion of County Service A No. 83 (San Dieguits Local Parks) shall be aui matically detached from said CSA, subject 0' to compliance with the requirements of Chapter Division 2, Title 5 of the Government Code (Goverm Code Section 25210.90); Attachment E Page 1 of 3 .t L YW e ‘R085-9 4 *)I f) The n(ew city shall be the successor to County Service Area No. 83 for the purpose of succeeding to all rights, duties, and obligations of County Servic!e Area No. 83 within the newly-incorporated area, with respect to enforcement and performance of any outstanding contracts and obligations related to the maintenance of local park transferred to the City of San Dieguito (Government Code Sections 56470Cml and 25210.90); g) On June 30, 1987, title and responsibility for all real property of the County of San Diego acquired/developed for park purposes--with the except.ion of San Elijo Lagoon, Quail Botanical Gardenis, Magdelena Ecke and the Encinitas Landfill site---shall be transferred to and vested in the City of San Dieguito (Government Code Sectior 56470LhI); h) Except for property tax monies, 57.5% of thc portion of the unencumbered funds (includinc cash on hand and monies due but uncollected] standing to the credit of County Service Aree NO. 821 (San Dieguito Local Parks) shall be transferred to and vested in the new city (Government Cod€ Section 25210.90); i) The permanent, full-time personnel employed bi the County and assigned to the lifeguard service inSan Dieguito shallbe transferred tothe employment of the new c,$ty. All benefits and rights of these employees--including employment contracts, seniority rights, retirement rights or any other employee benefits or rights--shall be continued at overall levels not less than currently enjoyed and such other benefits as sick leave, vacatior leave and retirement benefits shall be honoree by the new city (Government code Section 56470C11); j) The current boundaries of County Service Arei No. 17, shall not be changed upon the inclusioi of its territory within the new city. Pursuani to Government Code Section 54790Ch) , the Commissioi waives the application of Government Code Sectior 25210.890 and finds that the application of thi: section would deprive the residents of the net city of a service needed to ensure their health, safety, and welfare, and that this waiver wil: not affect the ability of the new city to providt any service; and Attachment F Page 2 of 3 . dJ c v m * .'!s b k) Four improvement districts of the new city shal: be formed with boundaries coterminous with eac1 of the boundaries of County Service Areas Nos. 9D 34, 9:L, and 92. Each improvement district shal be the successor to one of the CSAs for the purpost of succeeding to all the rights, duties an( obligations of the CSA with respect to enforcement performance or payment of any outstanding loan: and implied or expressed contracts and obligations The authority to levy the previously authorize( benefi.t assessment for each CSA would be transferrec to the new city and would be assessed for thc appropriate CSA (Government Code Sections 56470Ce and [t-3) . 2. The effective date of establishment of the Encinitaz Protection District as a subsidiary district of th city shall be October 1, 1986. The effective date of lishment of the San Dieguito Water District and the Enc Sanitary District as subsidiary districts of the ne\ shall be December 1, 1986. Upon and after these dates a) The offices of the Board of Directors of eac' of the districts shall be terminated, and th new city council shall be designated as, an empowered to act as, ex officio the Boards o Directors of the districts. The districts shal continue in existence with all the powers, duties rights, obligations, and functions provided fo by the principal act, except for any provisio relatling to the selection or removal of the member oftheBoardof Directorsofthedistricts (Governmen Code Sections 56470[k] and 56539); and b) The establishment of the districts as subsidiar districts of the new city shall not affect o impair the status of any duly-appointed employe of the districts. All benefits and rights o district employees--including employment contracts senioicity rights, and retirement rights--shal be cclntinued at an overall level not less tha currently enjoyed, and such other benefits a sick :Leave, vacation leave, and retirement benefit shall be honored by the districts as subsidiar districts of the new city (Government Code Sectio 56470[1]). Approved by the LO=! Agency Forn ..r commission of san Dlego J.4N -6 Attachment E Page 3 of 3 $p2&L?uz r&m ofnew d sad -m'a r i (6 * .' I Ref: R085-9 Adopted November 2! FIX Amended January ( AMENDED RESOLUTION OF THE LOCAL AGENCY FORMATION COMMIS: z APPROVING A PROPOSED REORGANIZATION CONSISTING OF THE INCORPORATION OF THE COMMUNITY OF SAN DIEGUITO; ANNEXATION OF ONE OFFSHORE ACRE TO THE CITY OF CARLSBP DETACHMENT OF 1,054 OFFSHORE ACRES FROM THE CITY OF CARL, ESTABLISHMENT OF THE SAN DIEGUITO WATER DISTRICT, ENCINITAS DISTRICT, AND ENCINITAS FIRE PROTECTION DISTRICT AS SUBS1 DISTRICTS OF THE NEW CITY: ANNEXATION OF 1,120 ACRES TO ENCINITAS FIRE PROTECTIC DISTRICT : DETACHMENT FROM COIJNTY SERVICE AREA NO. 83 (LOCAL PARK MAINTEN DISSOLUTION OF COUNTY SERVICE AREAS 9D, 34, 91, AND 9 "San Dieguito Reorganization" The following resolution is hereby adopted by the Sar Local Agency Formation Commission: WHEREAS, pursuant to the -District Reorganization Act o a Resolution was submitted to this Commission on April 30 by the Encinitas Fire Protection District making appl for reorganization consisting of the following changes of zation: 1. Incorporation of the community of San Dieguito as de in the resolution of application on file with the Agency Formation Commission; 2. Reorganization of the Cardiff Sanitation Distric a County sanitation district to a subsidiary distr the new City; 3. Detachment from County Service Area No. 83; 4. Detachment from the County Flood Control District. WHEREAS, pursuant to Government Code Section 56262, the Ex Officer of this Commission set a public hearing on the F reorganization for November 25, 1985, and gave notice date, time, and place of said hearing in accordance with Gob Code Sections 56264 and 56262; and WHEREAS, the Executive Officer of this Commission ha: her report on said reorganization, which report was r( and considered by this Commission; and WHEREAS, said 'hearing of November 25, 1985, was held and cc on that date; NOW THEREFORE , 1 I F le * * L IT IS FtESOLVED, ORDERED AND DE:TERMINED as follows: 1. The hearing on the proposed reorganization, con: of the changes of organization as described in the res of application on file with the Local Agency Foi Commission, was held on the date and at the time an set therefor, and due notice of said hearing wa: in the manner required by law. 2, At the hearing the Commission called for, heard and con all interested parties and read and considered the of the Executive Officer, 3. The territory contained within the boundaries of the -g city is inhabited and is within the San Dieguitc District,, Olivenhain Municipal Water District, L County Water District, Encinitas Sanitary District, Sanitation District, Encinitas Fire Protection Di Rancho Santa Fe Fire Protection District, County Areas 9D, 17, 34, 83, 91, and 92. 4. The Commission certifies in accordance with Sectio of the State EIR Guideline (CEQA), that it has r and considered the information contained in the 6 Declaration dated October 17, 1985, and prepared by with respect to the project designated "San Dieguito F ization. 'I 5. The Commission hereby approves the proposed reorgar modified to include the following changes of organizz a. Incorporation of the community of San Dieguit the provisions of Government Code Section 56r seq. the exterior boundaries of which are de in Exhibit A as modified, attached hereto. b. Annexation of territory to the city of Carlsb exterior boundaries of which are described in B, attached hereto. c. Detalchment of territory, as described in Ex attached hereto, from the city of Carlsbad. d. Reorganization of the San Dieguito Water Di Encinitas Sanitary District, and Encinitas Fire Prc District, from independent districts to sub districts of the new city pursuant to the pro of t'he District Reorganizati.on Act of 1965 (G.C. E e. Annexation of territory to the Encinitas Fire Prc District, the exterior boundaries of which are dc in Exhibit D, attached hereto. I I * lo 9 * f. Deta.chment of territory, as described in Ex L attached hereto, from CSA No. 83 - San Dieguit Park Maintenance. g. Dissolution of CSAs 9D, 34, 91, and 92. 6. These changes of organization as approved by the Con shall be made subject to the terms and conditions cc in Exhibit E, attached hereto. 7. Pursuant to Government Code Section 54790 (h) the Con waives the application of Government Code Section 2 as it applies to County Service Area NO. 17, anc that detachment from this County Service Area would the area of a service needed to insure the health anc of the area's residents and that such waiver does not the ability of the city to provide any service. 8. The Commission proposes for voter approval an appropr limit for the new city (as required by Article XI1 the State Constitution) of $13,320,925 for FY 1987-88 9. The Commission certifies a base property tax all for the new city of $1,448,380 as required by Govc Code Section 54790.3. The description of the boundaries of the territory as de in the resolution of application is not definite and c but will be made so when modified to conform to A attached hereto. The descriptions of the boundaries of the territories de in Exhibits A-D conform to lines of assessment and own€ 12. This Commission has not been advised that the Bc Supervisors of the County of San Diego objects to the poration of San Dieguito, the exterior boundaries o are descrfibed in Exhibit A attached hereto, which incorg is being proposed as part of this plan of reorgan (G.C. 56003.1). 10. 11. 13. The Board of Supervisors of San Diego County is authorizedtoinitiate reorganization proceedings in com withGover-nmentCodeSection56430,, etseq. andthis resol 14. The Executive Officer of this Commission is dire1 mail and frile certified copies of this resolution in acc with Government Code Section 56272. I I t 18. e k Ecke Exclusion from the San Dieguito Reorganization: PASSED AND ADOPTED by the Local Agency Formation Commiss of the County of San Diego this 6th day of January, 1986, the following vote: - AYES : Commissioners Gotch, Hersom, Mahr, Moore, Bilbr Eckert, and Hostler NOES : Commissioner Oravec ABSENT : Non t? ABSTAINING: None ........................ _____________________________^__ - Buman Exclusion from San Dieguito Reorganization: PASSED AND AD0PTE:D by the Local Agency Formation Commiss: of the County of :;an Diego this 6th day of January, 1986, the following vote:. AYES : Comniissioners Gotch, Hersom, Mahr, Moore, Bilbra Eckert, Oravec , and Hostler NOES : None ABSENT : None ABSTAINING: None! ------------_-_----,-^___________________--------------------- County Service Area #116 Exclusion from San Dieguito Reorganizatic PASSED AND ADOPTED by the Local Agency Formation Commissi of the County of Slan Diego this 6th day of January, 1986, the following vote: AYES : Commissioners Gotch, Hersom, Moore, Bilbra. and Hostler NOES : None ABSENT : Commissioners Eckert and Mahr ABSTAINING: None I 0 \. 0 I STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 I, JANE P. MERRILL, Executive Officer of the Local Agency Format Commission of the County of San Diego, State of Californ hereby certify that I have compared the foregoing copy w the original resolution adopted by said Commission at its regu meeting on January 6, 1986, which original resolution is on file in my office: and that same contains a full, true, correct transcript therefrom and of the whole thereof. Witness my hand this 13th day of January, 1986. flM2 &m JANE P. MERRILL, Txecutive Offi San Diego County Local Age] Formation Commiss ' ROF5-9 "San Dieguii?l)Reorganization" 0 Afiopte? I i'rnenped 1 All that territory in the County of San Diego, State of Calif1 lying within the following described boundaries: Beginning at the Southwest corner of Solana Palisades, Map No file in the office of the County Recorder of said San Diego C, April 26, 1949, said Southwest corner also being a point on tl Westerly prolongation of the centerline of Ocean Street as shc said Map No. 2560; 1. Thence along the following courses and distances accordii said Map No. 2560: North 34'20' West 165.14 feet; North West 146.42 feet; North 60"38# West 67.32 feet; North So: East 53.04 feet; North 3O28'45" West, 137.27 feet; North East 105.45 feet; North 54"31' East 84.76 feet; North 65' 139.35 feet: North 43°01139w East 97.20 feet; North 34": 56.11 feet and South 66"29'10" East 42.18 feet to the Southwesterly right-of-way line of State Highway No. 101, District XI, San Diego County, Route 2, Section A, Map on the Office of the State Division of Highways in said Coun Thence North 55O18' East in a straight line to the Northe right-of-way .Line of said State Highway 101; 3. Thence Northwesterly along said Nort.heasterly right-of-wa to the intersection with a line bearing South 43"04'21" W 477.72 feet (Ileed) from a point on the Westerly line of t foot right-of-way of the Atchison, Topeka and Santa Fe Ra Company distant thereon 1625.00 feet Southerly from the intersection of said westerly line and the northerly line Section 34; Township 13 South, Range 4 West, San Bernardii and Merdian, according to United States Government Survey, 4. Thence North 43°04121" East 477.72 feet to the Westerly 1. the 200 foot right-of-way of said Atc:hison, Topeka and Sal Railway Company; 5. Thence Southerly along said westerly line to a line bearir 83O44'50" West from the Northwest corner of Lot 29 of Seak Acres, Map No. 2373 on file in the Office of the County Rc of said San Diego County, December 10, 1946; 6. Thence South 83°44v50" East to said Northwest corner of Lo 2. EXEIIEIT ItA" Page 1 of 15 " t r (e * 7. Thence along the following courses and distances accordi said Map No. 2373: South 83O44'50" East 219.38 feet; No 41O04'30" Eas,t 114.91 feet and North 3O50'30" West 390.9 8. Thence North 89O40'30" West 20.46 feet; 9. Thence North 03°50'30n West 71.78 feet to the beginning tangent curve concave Easterly having a radius of 200.00 10. Thence Northerly along said curve through a central angl, 30°00'00" an arc distance of 104.72 feet; 11. Thence tangent to said curve North %6°09'30n East 55.00 the beginning of a tangent curve concave Southerly havinl radius of 150.00 feet; 12. Thence Easterly along said curve through a central angle 95°23'50" an arc distance of 249.92 feet; 13. Thence tangent to said curve South 518~22'40" East 147.00 the beginning of a %angent curve concave westerly having of 150.00 feet; 14. Thence Southerly along said curve through a central anglt 45"OO'OO" an arc distance of 117.81 feet to the Northwesl corner of land conveyed to Hajimi Matsumoto, et a1 by det recorded August 16, 1955, in Book 5756, Page 277 of offic records in the Office of the County Recorder of said San County, said corner being in the intersection of the Nor1 line of the Southwest quarter of the Northwest quarter 0; 35, said Township and Range, with thle centerline of said Avenue (R.S. 9791; No courses 15, 16 & 17 18. Thence Easterly along said Northerly line to the Northea: of the Southwest quarter of the Northwest quarter of saic Section 35; Southeast quarter of the Northwest quarter of said Sectic the Northeast corner thereof, as shown on Licensed Survel No. 375, May 1929; 666.6 feet along the Northerly line of the Northwest qua1 the Southwest quarter of the Northeast quarter of said Sc to the Northeast corner thereof; 21. Thence South O0OS1 East along the Easterly line of said h quarter of the Southwest quarter of the Northeast quarter feet according to Record of Survey Map No. 3749 on file i Office of the County Recorder of said San Diego County, October 18, 1955; 19. Thence South 89O29* East along the Northerly line of the 20. Thence South 89"28'50" East (Rec. South 89'29' East L.S. EXHIBIT "A" Paqe 2of 15 .. >- , 0 0 R085-!I 22. Thence along the following courses and distances as shot Glencrest Unit No, 2 Map No. 3562 on file in the Office County Recorder of said San Diego County, December 13, 1 South 31°58'1D0" East 101.39 feet, South 64'53'24" East E feet and South 35'53'24" East 1000.0 feet; 23. Thence South 83'19'03" East 78.13 feet to the Westerly L way line of California State Highway 5 XI-SD-2A, Map on the Office of the State Division of Highways in said COL Thence generally in Northerly and Northwesterly directic said Wester1:y right-of-way line the following courses ar distances: North 16'36'37" West 65.01 feet; North 22'11 362.66 feet: North 09'54'45" West 100.12 feet: North 12' East 292.41 feet; North 08O50'29" West 367.48 feet; Nort 45'23'14" West 198.15 feet; North 15'08'57" West 394.58 North 58'23'03" East 50.0 feet; North 18'41'31" West 24: North 35'12'103" West 120.21 feet and North 53'42'39" We: feet; Thence Northeasterly in a straight line to a point on tl line of the Northeast quarter of the Northeast quarter c Section 35, ldistant thereon South 0'42'26" West 113.12 1 the Northwest corner of said Northeast quarter of the N< quarter ; 26, Thence North 0'42'26" East 113.12 feet to said Northwesl 27. Thence South 88"51141" East 1317.48 feet along the Nortl of said Section 35 to the Northwest corner of Section 3t Township and Range as shown on Record of Survey Map No. file in the [Office of the County Recorder of said San D: County, June 15, 1966; 28, Thence South 89'50'56" East 2636.21 feet along the Nortl of said Section 36 to the North quarter corner thereof i to said Record of Survey No, 6692; 29. Thence South 89°50102" East 496.08 feet along the North the Northwest quarter of the Northeast quarter of said Section 36; 24. 25, 30. Thence South Ol0O1'06" West, 658.77 feet; 31. Thence South 89O48'08" East, 330.60 feet; 32, Thence North 01°01'06" East, 658.95 feet; 33. Thence South 89'50'02" East along said North line 491.1( the Southwest corner of the Southeast quarter of the so1 quarter of Section 25, said Township and Range; E X H I E IT I' A" Paqe 3 of 15 _- - ___ --- - - - - .- - - - - - - - - __ *c-...- - 1 Roes-9 (0 0 - ' 34. Thence North OO"22'52" East along the west line of said sou quarter of the southeast quarter, 681.27 feet. according to . de 10s Caballos, Map No. 8523 on file i.n the Office of the 1 Recorder of said County, March 16, 1977: 35. Thence North 89'38'07" East to the southwesterly right-of- line of Road Suicvey No. 1712 (El Camino Real), 50.00 feet w map on file in the County Engineer's Office of said Coimty 36. A. Thence northwesterly and northerly along said southweste line to the southwesterly boundary of Rancho Santa Fe, $1 No. 1742 on Eile in the Office of the County Recorder of said San Diego County, December 192%; B. Thence North 32'20' West along the southwesterly line of said Rancho ;Santa Fe to a line which is parallel with an distant 60.00 feet northerly, at riqht angles from the s line of Lot 3 of said fractional Section 25; 37. Thence South 89'47' West, 638.23 feet along said parallel 1 to the westerly line of said Lot 3, being also the easterl) line of the northwest quarter of the southeast quarter of said Fractional Section 25; 38. Thence North O"22'52" East along the easterly line of said quarter-quarter to a line which is parallel with and distar 655.31 feet northerly, at right angles From the south line of said quarter-quarter; 39. Thence westerly along said parallel line to the westerly lj of sai2 quarter-quarter; 40. Thence North 0'26'19" East along said westerly line and alc westerly line of the southwest quarter of tne northeast qu; of said Fractional Section 25 to a point distant thereon North OO26'19" East, 780.00 feet fror. the southwest corner said southwest quarter of the northeast quarter; 41. Thence leaving said westerly line, North 6C026'19" East, 959.06 feet; 42. Thence North 0'26'19" East, 72.00 feet to a point in the n line of sail! quarter-quarter distant South 89'56'41" East, feet from the northwesterly corner thereof: 43. Thence continuing North 0'25'19" East, 1286.95 feet: 44. Thence South 60'26'19" Nestl 959.06 feet to a point in the westerly line of the northwest quarter of the northeast qu of said fractional Section 25: 45. Thence norther1.v along the westerly line of said quarter-q to the north line of said Fractional Section 25; EXHIBIT "A" Page 4 of 15 R085-9 (0 0 46. Thence South 89"49' East, 1579.89 feet to the westerly line said Map No. 1742; 47. Thence North 2'48'P!est along said westerly line to an angle therein, said point being also corner No. 5 as shown on sai Licensed Survey Map No. 197; 48. Thence North 43330'30" East along the northwesterly line of said Flap KO. 1742 to the center line of Seccnd Street (c as shown on the Colony Olivenhain, according to Map KO. 326 on file in the County Recorder's Off ice of said County, July 8, 1885; 49. A. Thence North 72'23' West along said center line to the intersection with the center line of ''17" Street (closed), E shown on said Msp No. 326; B. Thence along said center line North 15'31'47" East, 402.02 C. Thence leaving said center line , North 74 ' 28 ' 13" West , 40. C to the southeasterly line of Block 9, said Yap No. 326; D. Thence North 72"27'45" Nest, 302.29 feet to the northwester line of said Block 9; E. Thence leaving said northwesterly line, North 74'28'13" \:e: 40.00 feet to the intersection with the center line of "E" (closed) as shown on said Nap PJo. 326; 50. A. Thence northeasterly along said center line to the souther line of Fourth Street, as shown on said Flap No. 326; B. Thence southeasterly along said southerly line to a line which bears South 15'33'39" Yest frorn a point in the northc line of said Fclurth Street distant South 72"30'50" East, 9' feet from an intersection with the cent-er line of "G" Strec (closed), as shown on said Fap 810. 326; C. Thence North 15'33'39" East along said line to tl-e norther of said Fourth Street; 51. A. Thence North 7;!"30'50" v.:est, 99.96 feet along said norther line to the center line of said "G" Street; B. Thence North 15'33'39" East, 715.29 feet alonq Said Center to the southerly line of Fifth Street, as shown on said Ma 52. A. Thence southeasterly along said southerly line to the east line of said ''GI' Street: 5. Thence northeasterly along said easterly line to the cente of Fifth Street (closed) - cxk I B IT I! A !I Page 5 of 15 ? (8 0 r RC85-9 53. Thence South 72'21'30" East, 349.64 feet (record - South 72'17' East, 342.15 feet) to the center line of "II" Street (closed), as shown on said Map No. 326; . 54. Thence North 15O36'53" East, 823.06 feet and North 15'39'35 West, 809.17 fe,et along said cen.ter line to the center line of 7th Street (tzlosed) as shown on said Fap No. 326; 55. Thence along said center line of 7th Street, South 72'51'59 252.91 feet; 56. Thence leaving said center line, Vorth 15'35'56" East, 799. feet to the center line of Eight\\ Street (closed ) as shoa said Map No. 326; 57. Thence North 72O47'24" West, 252.92 feet along said center to the center line of said I'H" Street (closed); 58. Thence North 15'35'56" East, along said center line to the north line of Ninth Street as shown on said Map No. 326; 59. Thence South 72'44'01" East, illoriq said north line to the ( line of "J" Street (closed) as shown on said Yap No. 326; 60. Thence North 15'40'13" East,-alonq said center line of saic Street to the n.ortherly line of Xoad Survey No. 448 (El CaI Del Norte), Map on file in the County Engineer's Office of County; 61. Thence southeasterly along said northerly line to the nortl line of said P4a.p No. 1742; 62. Thence North 43~"30'30" East along said northwesterly line . angle point therein, said point being also corner No. 4 as on said Licensed Survey Map No. 197; 63. Thence South 658012'50" East, (Record - South 67' West) alo: northeasterly l.ine of said Map No. 1742 to a point distant North 65'12'50" West, 1180.00 feet from the southeasterly ( of Fractional Section 17, Township 13 South, Range 3 West, Bernardino Ease and Meridian, being also an angle point in boundary of the Rancho Santa Fe Commun.ity Services Distric as established by their Resolution No. 85-6, adopted March 1985, by said district; 64. Thence leaving said northerly boundary along said district boundary the following courses: A. North 6'32'59" West, 265.00 feet (record North 6'04' We B. North 67'06'55" East, 1238.00 feet (Record - North 66'5 East) to the east line of said Section 17; 65. Thence northerly along the east line of said Section 17 to northeast corner thereof; EX H I B I T " A It Paqe 6 of 15 I T e e RO85-9 - 66A. Thence northerly along the west line of Section 9, said To 13 South, Range 3 West, to the northwest corner of the sout quarter of the southwest quarter of said Section 9; 66B. Thence easterly along the north line oi said quarter-quarte the northwest corner of the north half of tl-e northeast qua of the southwest quarter of the southwest quarter of said S 66C. Thence so~itherly along the west line of said north half to southwest corner thereof: 66D. Thence easterly along the south line of said north half to east line of the west quarter of said Sectiorl 9; 67. Thence northerly along said east line and along the east li of the west quarter of Section 4, said Township and Ranqe tl the east and west center line of said Section 4; 68. Thence westerly along said east and west center line to the east line of fractional Section 5, said Township and Range: 69. Thence Ncpth O"57'05" West, Y363.47 feet (Record - North O"57'05" dest) along said east line to the north line of th south half of the north half of said Section 5: 70. Thence along said north line South 89'55'40" ?lest, 2014.96 71. Thence leaving s8aid north line South 0'25'28'' West, 307.41 to a non-tangent 1937.00 foot radius curve concave southwes a radial line bearing South 49'36'05'' West from said point; 72. Thence northwesterly, 1022.26 feet along said curve through central angle of 30 " 14 ' 17" ; 73. Thence North 70O38'12" West, 145.02 feet to a tangent 20.00 radius curve concave southeasterly; 74. Thence northwesterly, westerly, and southwesterly 31.42 fee along said curve through a central angle of 9O"OO'OO"; 75. Thence South 19'21'48" West, 12.40 feet to a tangent 851.00 foot radius curve concave northwesterly: 76. Thence southwesterly, 479.39 feet along said curve throuqh < central angle of 32"16'34"; 77. Thence South 51"38'22" West, 389.48 feet to the easterly bo of the Rancho Las Encinitas, according to Map thereof Eo. 8 filed in the Office of the County Recorder of said San Ciegi 78. Thence northerly along said easterly boundary to the southe corner of Fractional Lot 6 of said Rancho Las Encinitas; NO COURSES 79, 80, 81, 82, 83 EXHIBIT "A" Page 7 of 15 R085-9 0 @ 1 84. Thence Westerly along the Southerly line of said Lot to the Southwesterly corner thereof; Thence Southerly along the Easterly lines of Lots 8 and 15 Of said Map No- 848 to the Southerly line of said Lot 15; Thence Westerly along said line to a point 835.00 feet Easterly from the Southwest corner of said Lot 15; 85- 86. 87. Thence North 6'40' West, 612,OO feet; _- - 88. Thence North 87"25"34" West, 808.75 feet to the Westerly line of said Lot: 15; Lot 14, said Map No. 848; 90, Thence Westerly along said Southerly line to the South- westerly line of, Road Survey No. 454-A (Rancho Santa Fe Road), Map on file in the County Engineber's Office of said County; 89. Thence Southerly along said line to the Southerly line of 91. Thence Northwesterly along said Southwesterly line to a line bearing North 87O03'55" East from a point on the WeSte line of Lot 13, of Map No. 848, distant: thereon 1323.85 feet Northerly from the Southwest corner thereof; 92. Thence South 87"03'55" West to said Westerly line of Lot 13 being also the Easterly line of Lot 12 of said Map 848; 93. Thence Korth 2°E0'30" East, 1323.84 feet along the easterly line of said Lot 12 to the northeast corner thereof, Seing also the southeast corner of Lot 11 of said Map 848; 94. Thence North 3°?15'15" West along the easterly line of said I to the northerly right-of-way line of San Ciego County Road Survey KO. 1631 (Clivenhain Road - 60 feet wide), map on fi! in the Office of the County Engineer of said County; 95A.Thence westerly and northwesterly along said northerly line of said Rozd Survey to the point of intersection with the easterly right-of-way line of Xoad Survey No. 1800-1, (approved September 8, 1970) map on file in the Office of tl- County Engineer of said County, said point being in the arc of a non-tangent 9045.00 foot radius curve concave westerly, a radialline to said point bears South 88O55'18" East: --\,T7 - i^ ..LETT "A" Page 8 of 15 4B e * ' R085-9 95B. Thence generally southerly along said easterly right-of-wa; line to the intersection with the east-west center line of Township 13 South, Range 4 West; 95C. Thence westerly along said east-west center line to the ea5 of the west half of the southwest quarter of said Section 1 95D. Thence southerly alonc; said east line to the south line of Section 11; 95E. Thence westerly along said south line to the southwest corr thereof, being also the southeast corner of Section 10, sai Township and Range; 95F. Thence northerly along the east line of said Section 10 to north line of the south quarter of said Section; 95G. Thence westerly along said north line -to an intersection wi the westerly li.ne of Road Survey No. 700 (Saxony Rcad) Map file in the Cou:nty Engineer's Office of said County; 95H. Thence southerly along said westerly line to a line which b South 89'49'30" West from a point in the east line of tl-e SI quarter of the southwest quarter of said Section 10 distant North 1'08' Eas-t, 388.02 feet from the southeast corner of quarter-quarter,, said point being Point ''A'' ; 951. Thence South 89"49'30" West along said line to an intersect the easterly right-of-way line of State Highway XI-SD-2A ma on file in the Office of the State Division of Highways of County, said point of intersection bears South 89'49'30" We; 629.07 feet from said Point "A"; 95J. Thence along said easterly right-of-way line as follows: A. Ncrth 18'22'10" West, 313.70 .feet; B. North 16"35'45" West, 250.20 feet (R.ecord - North 15'56': C. North 14'18'44" West, 300.00 feet (Record - North 13'39' D. North 20'10'1.1'' West, 352.28 feet; E. North 2'20'20" West, 127.47 feet (Record 119.26 feet) to angle point therein, said angle point being the southeast corner of the land conveyed to T. Weber and Lydia Weber, deed dated June 19, 1929, and recorded in Book 1650, page 424 of Deeds, of said County; EX i! 1 B I T Page 9 of 15 I' A" rlb 0 - hR085-9 95K. Thence leavincj said easterly right-of-way North 35'45' East 521.94 feet to the most southerly corner of the land convey to Herbert G. Stewart by deed dated April 16, 1929, and rec in Book 1616, page 349 of Deeds; 95L. Thence North 6O"East, 58.16 feet along the southeasterly li of the land so conveyed to said Stewart to the westerly lin the land conveyed to Lester H. Smith arid Katherine A. Smith deed dated Nay :3, 1930 and recorded in Book 1772 page 150 o 955:. Thence along said westerly line, South 1'02' West, 285.26 f 95N. Thence leaving said westerly line, South 89"43' East to the line of said Road Survey No. 700 (Saxony Road); 950. Thence northerly along said easterly line to the north line south half of t%e southeast quarter of the northwest quartc sai2 Section 10; 95P. Thence South 89'19' East alcng said north line to the nortk center line of said Section LO; 95Q. Thence southerly alonq said north-south center line to the line of Road Survey No. 462 (Union Street) Nap on file in t County Engineer's Office of said County; 95R. Thence easterly along said southerly line and the easterly ation thereof to the easterly line of Road Survey No. 373 (Quail Gardens Drive) Fa? on file in the County Engineer's of said County; 95s. Thence North 17"40'35" West along said easterly line to thc east-west center line of said Section 10; 95". Thence South 89O02'40" East along said east-west centerlinc a point distant thereon South 89'02'40" Ea:>t, 687.76 feet 1 center of said Section 10; r: 95U. Thence leaving said east-west center line North 18'12'12" ' 172.85 feet to the southerly line of Parcel Map No. 4957, in the County R.ecorder's Office of said County; 951~~. Thence South 89"07'59" East along said southerly line 'to t? east line of th,? southwest quarter of the northeast quartel said Section 10; EX11 I B I T 'I A" Page 10 of 15 b rb * , R085-9 95W. Thence nortkerlly along said east line to the northeast corr thereof; 95X. Thence North 89"44'30" West, 1318.70 feet along the north 1 of said ruarter-quarter to the north-south center line of s Section 10; 95Y. Thence North 2°:16'51" East, 1299.48 feet along said north-s center line to !:he north line of said Section 10, being als the south line of Section 3, said Township and Range; 96A. Thence North 0°02'16" East, 1976.36 feet along the north-so center line of said Section 3 to the northerly line of Fox according to Map thereof No. 7832, filed in the Office of t County Recorder of San Dieco County; 96B. Thence South 89"51'47" East, 138.29 feet along the norther1 of said Fox Point to the northeast cornor thereof; 96C. Thence alony the northerly prolongation of the east line of Fox Point, North O"02'1.6" East, 658. 43 feet mor6 or less t east-west center line of said Section 3; 96D. Thence leaving said east-west centerline North 7"31'06" Wes point in a line that is parallel with and distant southerly feet measured at: right angles from the nortl-.erly line of Lo Section 3; in a line that :is parallel with and distant easterly 495.00 measured at right angles from the westerly line of said Lot 96F. Thence northerly along said last mentioned parallel line to in a line that is parallel with and distant southerly 308.0 measured at right angles from the nortk-.erly line of said Lo 96E. Thence easterly along said last mentioned parallel line to 96G. Thence easterly along said last mentioned parallel line to west line of sai-d Lot 1 of said Section 3; 96H. Thence southerly along said westerly line to a point in a 1 that is parallel- with and distant southerly 880.00 feet mea at right angles from the northerly line of said Lot 1; 961. Thence easterly along said last mentioned parallel line to easterly line oil said Section 3, being also the westerly li Section 2, said Township and Range; 97. Thence northerly along the westerly line of Section 2 to th line thereof; EXHTBIT "A" Page 11 of 15 \ a 0 R085-9 98. Thence Easterly along said Northerly line to the North- South center line of Section 35, Township 12 South, Range West; 99. Thence northerKy along the north-south center line of said Section 35 to the southerly line of Road Survey No. 1796-6 (La Costa Avenue) map on file in the County Engineer's Off of said County; 100. Thence generally westerly along said southerly line to the intersection with the easterly line of said State Highway XI-SD-2-A (Interstate 5) said point of intersection being the most easterly corner of that certain parcel of land relinquished to the County of San Diego from the State of California by relinquishment No. 14729, as shown on Sheet : State Highway Map No. 56 on file in the Office of the Statt Division of Highways of said County, also being a point in a non-tangent 3#99.99 foot radius curve concave southeaster] a radial line blears North 33°06y13" West to said point; 101. Thence along the boundary of said parcel of land the follow courses: A, Southwesterly, 307.06 feet along said curve through a central angle of 43°59805" to the easterly line of Lot 9 of Section 33, said Township and Range; B. North OO42'07" West, 65.19 feet along said easterly line to a point in a non-tangent 479.98 foot radius curve concave easterly, a radial line bears North 67O49'42" West to said point; C, Southerly, 131.47 feet along said curve through a central angle of 15O41'36"; D, South 6'28'42" West to the southerly line or ~844 Lot 9; EX3 I R IT 'I A" paqe 12 of 15 40 0 * R085-9 102. Thence westerly along said southerly line to a line which South 34°17'20" East (Record-South 34"'06' East) from the southeasterly corner of Lot 1 of Avocado Acres No, 3, acco to map thereof No, 2063, filed in the County Recorder's Of of said County,, October 3, 1927; 103. Thence North 34L017'20" West along saidl line to the south- easterly corner of said Lot 1, being a1 point in the northe line of Road Survey No. 346 (La Costa Avenue) map on file the County Engineer's Office of said County; 104. Thence westerly along said northerly line to a line which South 7"01134" West from an angle point in the westerly li of said State Eiighway formed by the courses "North 75O32'0 East 125.00 feet and North 7O01'34" East, 37-76 feet", as shown on said State Highway map; 105. Thence North 7''01'34" East along said line to said angle p 106. Thence along the westerly line of saidl State Highway the following courses : A. North 7"01.'34" East, 37.76 feet; B. North 16'1.2'31" West to an angle point; C. North 50°;!2141" West, 134.98 feet; D, North 43';!5'30" West, 241.70 feet to the easterly boundary line of Lot 8 of said Section 33; 107. Thence northerly along said easterly boundary line to the northerly boundary line of Lot 8 of said Section 33, being the southerly meander line of the Salt Marsh of the Batiqu Lagoon, as the said meander line of the said Salt Marsh is shown and depicted upon the plat of Fractional Township 12 South, Range 4 West, S.B.B. & M., dated October 25, 1875, I file in the U, S. Surveyor General's Office, San Francisco California; E X3 I B IT 'I A" Page 13 of 15 0 e R085i-9 108. Thence northwestevly and southwesterly along the northerly boundary line of Lot 8 of said Fractional Section 33, to it: intersection wit.h the easterly line of Lot 7, said Section : northerly line of said Lot 7 of said Fractional Section 33, is also the abovementioned meander line of said Salt Marsh, the most westerly corner of said Lot 7; 110. Thence continuing along said meander line to the northeaste line of State Highway XI-SD-2-B (Formerly U.S. 101 as locat July 1955); 109. Thence southwesterly, westerly and southwesterly along the 111. Thence generally southeasterly along said northeasterly lir the intersection with the northeasterly prolongation of the northwesterly line of that certain road easement, 60 feet 1 width, conveyed to Milton R. and Audrey J. Nims, husband ar wife, as described in Exhibit "C" of the grant of easement recorded April 29, 1976, by file page 76-127564 in officia. records of said county, the center line of said road easemc being described, as follows: Beginning at the intersection of the northerly line of lot Section 33, Township 12 South, Range 4 West, San Bernardin and Meridian, as said Lot 10 is shown on Record of Survey No. 528, filed in the County Recorder's Office on February 1936, with the southwesterly line of California State Higk Road XI-SD-2-B;: thence South 66'46' West along said northe line of lot 10 and along the prolongation thereof 459.74 f an angle point in the westerly boundary of the land descrj under Parcel 2 in deed to George N. Rhue, et ux, recorded 5, 1955 in Book 5486, page 291, Official Records; thence i said boundary line South 36O44' East, 108.27 feet; thence 37O56' West, 30.91 feet thence continuing along the bound, said Rhue land, South 51°04' East, 77.50 feet; thence Soui 67O32' East, 75.00 feet; thence South 78O12'; East 100.00 to point "A"; being the northwesterly corner of said 60.0 wide road easement; thence continuing along the boundary Rhue land, South 14O East, 30.00 feet to the true point o beginning of said center line; thence North 76' East, 29. to the beginning of a curve concave to the north and havi radius of 200.00 feet; thence along the arc of said curve feet; thence North 59O East, 28.00 feet to the beginning curve concave to the south and having a radius of 189.50 thence along the arc of said curve, 56.116 feet; thence 2 arc of a reverse curve concave to the north and having a of 189.50 feet, 155.282 feet; thence along the arc of a , curve concave to the south and having a radius of 189.50 59.450 feet; thence North 46O59'30" East to the interseci the southwesterly line of California State Highway Road ; B, said intersection being the terminal point of center . the 60.00 foot wide easement; EXEIBIT "A" Page 14 of 15 R08 5- 9 a 0 - 112, Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet wic easement to said point nA"; 113, Thence North 78'12' West, 100.00 feet; 114. Thence North 67'32' West, 75.00 feet; 115. Thence North 511'04' West, 77.50 feet: 116, Thence South 64'16' West to an intersection with the mean tide line of the Pacific Ocean; 117. Thence due West, 3 miles to the boundary of the State of California; 118. Thence southerly along said boundary of the State of Calif to the Southwesterly prolongation of the center line of O( Street according to said Map No. 2560; 119. Thence Northeasterly along said prolongation to the South1 corner of Solzina Palisades -according to said Map No. 2560 point of beginning. 12,810 + or - acres (land) 13,190 + or - acres (water) sc:na Jan. 13, 1986 LAFCO Approved by the Local Agency Fo~n - -, Commission of San Diego JAN -6 EXH IEIT "A" Paye 15 of 15 e 0 p R085-9 .., ANNEXATION TO THE CITY OF CARLSBAD PARCEL NO. 1. All those submerged lands of the Pacific Ocean, in the County Diego, State of California, lying within the following descri boundaries: Beginning at the rnost westerly corner of Lot 7 of Section 33, 12 South, Range 4 West, San Bernardino Base and Meridian, bei the southerly meander line of the Salt Marsh of the Batiquito as the said meander line of the said Salt. Marsh is shown and upon the plat of Fractional Township 12 South, Range 4 West, M., dated October 25, 1875, on file in the U.S. Surveyor Gene Off ice, San Francitsco, California; 1. Thence continuing along said meander line to the northea line of State Highway XI-SD-2-B (Formerly U.S. 101 as lo July 1955); 2. Thence generally southeasterly along said northeasterly the intersection with the northeasterly prolongation of northwesterly line of that-certain road easement, 60 fee' width, conveyed to Milton R. and Audlrey J. Nims, husband wife, as desc:ribed in Exhibit "C" of the grant of easemei recorded Apri.1 29, 1976, by file page 76-127564 in offic records of said county, the center line of said road easl being described as follows: Beginning at the intersection of the northerly line of 1( Section 33, Township 12 South, Range 4 West, San Bernard and Meridian, as said Lot 10 is shown on Record of Surve' 528, filed in the County Recorder's Office on February 7 with the southwesterly line of California State Highway SD-2-B; thenc:e South 66'46' West along said northerly lil 10 and along the prolongation thereof 459.74 feet to an i point in the westerly boundary of the land described undc 2 in deed to George N. Rhue, et ux, recorded January 5, : Book 5486, page 291, Official Records; thence along said line South 36O44' East, 108.27 feet; thence South 37O56' 30.91 feet thence continuing along the boundary of said 1 land, South 511~04' East, 77.50 feet; thence South 67"32' 75.00 feet; thence South 78'12l East 100.00 feet, to poi1 being the northwesterly cornen of said 60.00 feet wide r( easement; thence continuing along the boundary of said R1 South 14" Eaat, 30.00 feet to the true point of beginnin! center line; thence North 76' East, 29.50 feet to the be! of a curve concave to the north and having a radius of 2C feet; thence along the arc of said curve, 59.341 feet; tk North 59" East, 28.00 feet to the beginning of a curve cc the south andl having a radius of 189.50 feet; thence alor arc of said curve, 56.116 feet; thence along the arc of e curve concave to the north and having a radius of 189.50 EXll I BI T " E " Page 1of 2 a 0 R085-9 -\ 155.282 feet; thence along the arc of a reverse curve cor the south and having a radius of 189.50 feet, 59.450 feet North 46O59'30" East to the intersection with the southwe line of California State Highway Road XI-SD-2-B, said intersection being the terminal point of center line of t foot wide easement; 3. Thence generally southwesterly along said northeasterly prolongation and the northwest.erly line of said 60 feet \ easement to said point "A"; 4. Thence North 78O12' West, 100.00 feet; 5. Thence North 67'32' West, 75.00 feet; 6. Thence North 51O04' West, 77.50 feet; 7. Thence South 64O16' West to an intersection with the mea1 tide line of the Pacific Ocean, and the true point of be! 8. Thence northwesterly along said mean high tide line to tl intersection of said southerly meander line of the Salt II the Batiquitos Lagoon; 9. Thence southwesterly along a line parallel with the most southeasterly line (having a bearing South 51O33'10" Wesl that certain uninhabited territory known and designated i "St. Malo Beach Addition to the City of Oceanside" annexc said City of Oceanside on November 3, 1950, pursuant to ( No. 668 adopted by the City Council of said City of Oceai September 13, 1950, said parallel line being prolonged southwesterly from the intersection of Mean High Tide Lii Pacific Ocean and the southerly meander line of the Salt the Batiquitols Lagoon, as the said meander line of the sl Marsh as shown on the aforesaid plat of fractional Towns; South, Range 4 West, S.B.B. & M., to the intersection wi* which bears d8ue west from the true point of beginning; 10. Thence due east along said line to the true point of beg 1.00 2 acre sc : iw 12/19/85 LAFCO Approved by the Local Agency Forn Commission of San Diego c. i:lN -6 E X 1: I B T T " E 'I Paqe 2 of ?. e ' Rq8 5 - g 11 s a n 17 i eg u i t(@ eor g a n i z a t i o nT1 .% DET,ACHMENT FROM THE CITY OI? CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT PARCEh NO. 2 All those submergeld lands of the Pacific Ocean, in the City of Carlsbad, County of San Diego, State of California, lying witi following describeld boundaries: Beginning at the most westerly corner of :Lot 7 of Section 33, 12 South, Range 4 'West, San Bernardino Base and Meridian, beir the southerly meander line of the Salt Marsh of the Batiquito; as the said meander line of the said Salt Marsh is shown and c upon the plat of Fractional Township 12 South, Range 4 West, i M., dated October 25, 1875, on file in the U.S. Surveyor Gene] Office, San Francisco, California; 1. Thence continuing along said meander line to the northeas line of State Highway XI-SD-2-B (Forimerly U.S. 101 as lo< July 1955); 2. Thence generally southeast-erly along said northeasterly I the intersection with the northeasterly prolongation of t northwesterly line of that certain road easement, 60 feet width, conveyed to Milton R. and Audrey J. Nims, husband wife, as described in Exhibit "C" of the grant of easemer recorded April 29, 1976, by file page 76-127564 in offici records of said county, the center line of said road east being described as follows: Beginning at the intersection of the northerly line of l< Section 33, Township 12 South, Range 4 West, San Bernard: and Meridian, as said Lot 10 is shown on Record of Surve: 528, filed in the County Recorder's Office on February 7, with the southwesterly line of California State Highway I SD-2-B; thence South 66'46' West along said northerly lii 10 and along the prolongation thereof 459.74 feet to an i point in the westerly boundary of the land described undt 2 in deed to George N. Rhue, et ux, recorded January 5, : Book 5486, page 291, Official Records; thence along said line South 36O44' East, 108.27 feet: thence South 37O56' 30.91 feet thence continuing along the boundary of said 1 land, South 51O04' East, 77.50 feet: thence South 67O32' 75.00 feet; thence South 78O12' East 100.00 feet, to poi1 being the northwesterly corner of said 60.00 feet wide r( easement: thence continuing along the boundary of said R1 South 14O East, 30.00 feet to the true point of beginnin! center line: thence North 76' East, 29.50 feet to the be! of a curve concave to the north and having a radius of 2( feet: thence along the arc of said curve, 59.341 feet; tl North 59O East, 28.00 feet to the beginning of a curve c( the south and having a radius of 189.50 feet: thence a101 arc of said curve, 56.116 feet: thence along the arc of i EXB I E IT " C " Paqe 1 cf 2 1 RQ8 5- 9 e 0 .. curve concave to the north and having a radius of 189.50 155.282 feet; thence along the arc of a reverse curve COI the south and having a radius of 189.50 feet, 59.450 feel North 46O59'30" East to the intersection with the southwc line of California State Highway Road XI-SD-2-B, said intersection being the terminal point of center line of * foot wide easement; 3. Thence generally southwesterly along said northeasterly prolongation and the northwesterly line of said 60 feet 1 easement to said point "A"; 4. Thence North 78'12' West, 100.00 feet; 5. Thence North 67"32' West, 75.00 feet; 6. Thence North 51O04' West, 77.50 feet; 7. Thence South 64'16' West to an intersection with the mea tide line of the Pacific Ocean, and Point "B"; 8. Thence northwesterly along said meant high tide line to t intersection of said southerly meander line of the Salt the Batiquitos Lagoon and Point "C"; 9. Thence southwesterly along a line parallel with the most southeasterly line (having a bearing South 51"33'10" Wes that certain uninhabited territory known and designated "St. Malo Beach Addition to the City of Oceanside" annex said City of Oceanside on November 3, 1950, pursuant to No. 668 adopted by the City Council of said City of Ocea September 13,, 1950, said parallel lnne being prolonged southwesterly from the intersection of Mean High Tide Li Pacific Ocean and the southerly meander line of the Salt the Batiquitos Lagoon, as the said meander line of the s Marsh as shown on the aforesaid plat: of fractional Towns South, Range 4 West, S.B.B. st M., to the intersection wi which bears due west from Point "B" and the true point o beginning; 10. Thence due west, 3 miles to the boundary of the State of California; 11. Thence southerly along said boundary of the State of Cal to a line which bears south 51°33'10" west from the true beginning; beginning . 12. Thence north 51'33'10" east along said line to the true Approved by the Local Agency Fc --, Commission of San Dieg JAN -6 1,054 acres EXI-I rRTT *,cTT Paqe 2 of 2 sc : iw 12/19/85 LAFCO L e 0 .% R085-9 "San Dieguito Reorganization" Annexation to Encinitas Fire Protection District Parcel No. 1 All that portion of Sections 34 and 35, Township 12 South, Ran? 4 West, San Bernardino Ease and Meridian, in the County of San Eiego, State of California, according to United States Governmc Survey, lying within the following described boundaries: Beginning at the southwest corner of said Section 35; 1. Thence easterly along the south line of said Section 35 to t south quarter corner of said Section 35; 2. Thence northerly along tke north-south center line of said Section 35 to the southerly line of Road Survey No. 1796-65 (La Costa Avenue) map on file in the County Engineer's Offic of said! County; 3. Thence generally westerly along said southerly line to the intersection with the east lize of Lot 7 of Section 34, saic Township 12 South, Range 4 West; 4. Thence due south along said east line to the south line of 5 Lot 7; 5. Thence due west along said south line to the southwest cornc said Lot 7, being also the northwest corner of the southwesi quarter of the southeast quarter of said Section 34; 6. Thence due south along the west line of said quarter-quartel to the southwest corner thereof: 7. Thence North 89O46'32" East along the south line of said qui quarter to the southwest corner of the southeast quarter of southwest quarter of the southeast quarter of said Section 8. Thence along the west line thereof North 0°35'50" West, 669 feet to the northwest corner of said quarter-quarter-quartel 9. Thence North 89"47'31" East, 661.56 feet along the north lii thereof to the northeast corner of said quarter-quarter-quai 10. Thence alcng the north line of the soutzh half of the southe quarter of the southeast quarter of sarid Section 34, Eorth East, 1322.28 feet to the ea9terly line thereof, beinq alsc westerly line oE said Section 35: 11. Thence South Oo09'41" Cast, 668.92 feet along said westerly to the point of beginninq. 233.40 Acres EXEIBIT "D" Paqe 1 of 5 , I , (0 e - %R085-9 Parcel No. 2 All that portion of Sections 2 and 3, Township 13 South, Range 4 San Bernardino Ease and Meridian, in the County of San Diego, St of California, according to United States Government Survey, lyi within the following described boundaries: Beginning at the corner common to Sections 2, 3, 10 and 11, said Township 13 South, Range 4 West; 1. Thence due east along tke south line of said Section 2 to an intersection with the westerly boundary of Rancho Las Encinit according to Map thereof No. 848, filed in the County Record€ Office of San Diego County, June 27, 1398; 2. Thence northwesterly along said westerly boundary to an inter with the northerly right-of-way line of San Diego County Road Survey No. 1631 (Olivenhain Road - 60 feet wide) map on file the Office of the County Engineer of said County; 3. Thence westerly and northwesterly along said northerly line ( said Road Survey to the point .of intersection with the eastei right-of-way line of Road Survey No. 1800-1, (approved Septer 1970) map on file in the Office of the County Engineer of sa County, said point being in the arc of a non-tangent 9045.00 radius curve concave westerly, a radial line to said point be; South 88'55'18" East; 4. Thence northerly, 762.01 feet along said curve and easterly right-of-way line through a central angle of 4"49'37" to a p( lying Izorth 86O15'05" East, 45.00 feet from Engineer's Static 89t65.46 E.C. in the center line of said Road Survey; 5. Thence continuing along said right-of-way line North 3"44'55' West to the intersection with a line which bears North 88'39 East from a point in the westerly line of the northeast quar of the southwest quarter of Section 2, said Township and Ran( distant thereon, South 4'20'10" East, 914.20 feet from the northwest corner thereof; 6. Thence leaving said easterly right-of-way line along said li South 88O39'20" West to said point; 7. Thence along said westerly line, South 4'20'10" East, 431.00 to the southeast corner of the northwest quarter of the sout quarter of said Section 2; 8. Thence westerly along the south line of said quarter-quarter the westerly line of said Section 2, bei-ng also the easterly of said Section 3; 9. Thence northerly along said easterly line to a point in a li that is parallel with and distant southerly 880.00 feet meas at right angles from the northerly line of Tlot 1, said Secti EXHIBIT 'I D" Page 2 of 5 I + 0 ROd5-9 8 .* 10. Thence westerly alonq said last mentioned parallel line to 1 west line of said Lot 1; 11. Thence northerly along the west line of said Lot 1 to a poi] in a line that is parallel with and distant southerly 308.( feet measured at right angles from the nortberly line of Lo- of said Section 3; 12. Thence westerly along said last mentioned parallel line to c in a line that is parallel with and distant easterly 495.00 measured at right angles from the westerly line of said Lot 13. Thence southerly along said last mentioned parallel line to point in a line that is parallel with and distant southerl. feet measured at right angles from the northerly line of sa 14. Thence westerly along said last mentioned parallel line to l which bears South 7"31'06" East from the northwest corner o Lot 2; 15. Thence South 7"31'06" East to the intersection of the east t west center line of Section 3 and the northerly prolongatio the east line of said Fox Poi-TLt, according to Map thereof P!i filed in the Office of the County Recorder of San Diego Cou 16. Thence along said northerly prolongation South O"02'16" Wes 658.43 feet more or less to the northeast corner of said Fo 17. "hence North 89"51'47" West, 138.29 feet along the norther1 of said Fox Point to the north an$. south center line of sai Section 3; 18. Thence along the said north and south center line, South 0" West, 1976.36 feet to the south line of said Section 3; 19. Thence easterly along said south line to the point of begin 415.58 Acres Parcel No. 3 All that portion of Sections 34 and 35, Township 13 South, Rang San Bernardino Base and Meridian, in the County of San Diego, S of California, according to United States Government Survey, ly within the followinq described boundaries: Beginning at a point on the south line of the northwest quarter southwest quarter of Section 35, distant thereon North 99"40'30 633.53 feet, from the southeast corner of the northwest quarter the southwest quarter, said point of beginning being the inters of the center line of Rios Avenue, with the south line of said northwest quarter of the southwest quarter of Section 35, as sh Kap of Cypress Tract No. 1783, filed in the Office of the Count EXHIBIT 'ID" Page 3 of 5 6 1 a 0 - +R085-9 of San Diego County; 1. Thence North 13"2:!'40" West, along said center line of Rios A 2602.62 feet: 2. Thence continuing along the prolongation of said center line Rios Avenue, North 13"22'40" West, 120.00 feet to a point on south line of the northwest quarter of the northwest quarter Section 35; 3. Thence along said south line and the south line of the northe quarter of the northeast quarter of said Section 34, North F9" West, 446.80 feet to a point on a non-tangent curve, concave easterly having a radius of 200.00 feet, a radial line bearir North 80"54'53" West to said point, said point being the true point of beginning; 4. Thence northerly, 59.60 feet along said curve through a centr angle of 17"04'23'"; 5. Thence tangent to said curve Xorth 26"09'30" East, 55.00 feet the beginning of ,a tangent curve concave southerly having a I of 150.00 feet: 6. Thence easterly along said curve throligh a central angle of S an arc distance of 249.92 feet; 7. Thence tangent to said curve South 58O22'40" East, 147.00 fee the beginning of 2 tangent curve, concave westerly having a of 150.00 feet: 8. Thence southerly along said curve through a central angle of an arc distance of 117.81 feet to the northwesterly corner of conveyed to Iiajimi Matsumoto, et a1 by deed recorded August 1 in Book 5756, Page 277 of Official Records in the Office of 1 County Recorder of said San Diego County, said corner being : the intersection of the nort'rerly line of the southwest quarl of the northwest quarter of Section 35, said Township and Rai with the center line of said Rios Avenue (R.S. 979); 9. Thence easterly along said northerly line and alonq the nortl line of the southeast quarter of the northwest quarter and a. the northerly line of the south half of the noitheast quartei said Section 35 to the survey center line of California Statt Highway XI-SD-5 according to Record of Survey Map ?lo- 6692, 1 in the Office of the County Recorder in said County and Statt 10. Thence northwesterly along said center line to the north lint said Section 35; 11. Thence westerly alonq the northerly line of said Sectioris 35 to the mean high tide line of the Pacific Ocean; EXHIEI'I' "D" Psye 4 of 5 6 4 * a e I' * +R085-9 v 12. Thence southerly along said Mean High Tide Line to the southe line of Lot 1 of said Section 34; 13. Thence easterly a.Long said southerly line and! the soutk.. line northeast quarter of the. northeast quarter of said Section 34 the true polnt of beginning. 175.57 Acres sc : iw 12/19/85 LAFCO Approved by the Local Agency Forma Commission of San Diego 3.IN - 6 EXFIB IT I'D" Page 5 of 5 \1 A2opte2 1 "SAN DIEGUITO REORGANIZATION" Amended 1 re e 4 *+ TERMS AND CONDITIONS \+ .v (INCORPORATION) (R05-9) 1. The effective date of this "San Dieguito Reorganiz shall be October 1, 1986, except as otherwise sta* these Terms and Conditions (Government Code Sections 56 and 56456). Upon and after that date: a) Terms of office for the members of the City Counci shall be subject to Government Code Section 3544;! and 35443 (Government Code Sections 365C and 56470[s]); b) The City Manager, City Clerk, and City Treasure shall be appointed by the City Council (Governmer Code Sections 35111.5 and 56470Cql): c) Pursuant to Government Code Section 35441, tl- City Council of the new city shall, immediate1 following its oZganization aind prior to performir any other official act, adopt an ordinance providir that all county ordinances t'heretofore applicatic shall remain in fulR force and effect as cit ordinances for a period of 120 days thereafter Or until the San Dieguito city Council has enact4 or di nanc e s superseding t'hem, whichever sha: first occur (Government Code Section 5647OCqJ); d) Pursuant tQ. Government Code Section 35448, tl Board of' Supervisors shall continue to furnisl. without additional charge, to the area incorporatt all services furnished to the area prior to tl incoirpora tion. Such services shall be furnishc for the remainder of the fiscal year during whic the incorporation became effective, or unt: the San DieguitoCity Council requests discontinuanc of the services, whichever shall first occi (Government Code Section 5647O[q]); e) The incorporated portion of County Service Arc NO. E33 (San Dieguito Local Parks) shall be aut( rnatilzally detached from said CSA, subject on to compliance with the requirements of Chapter I Division 2, Title 5 Of the Government Code (Governme? Code Section 25210.90) : Attachment $3 Page 1 of 3 e e q 4 ,+ -" R08 5-9 f) The new city shall be the successor to County Servicme Area No. 83 for the purpose of succeeding to all rights, duties, and obligations of County Service Area No. 83 within the newly-incorporated area, with respect to enforcement and performance of any outstanding contracts and obligations related to the maintenance of local park transferred to the City of San Dieguito (Government Code Sections 56470[m] and 25210.90); g) On June 30, 1987, title and responsibility for all real property of the County of San Diego acquired/developed for park purposes--with the exception of San Elijo Lagoon, Quail Botanical Gardens, Magdelena Ecke and the Encinitas Landfill site--shall be transferred to and vested in the City of San Dieguito (Government Code Section 56470[ h] ) : h) Except for property tax monies, 57.5% of the portion of the unencumbered funds (including cash on hand and monies due but uncollected) standing to the credit of County Service Area No. 83 (SanDieguitoLoca1Parks)shallbetransferred to and vested in the new city (Government Code Section 25210.90); i) The permanent, full-time personnel employed by the Cclunty and assigned to the lifeguard service in San Dieguito shallbe transferred tothe employment of the new city. All benefits and rights of these employees--including employment contracts, seniority rights, retirement rights or any other employee benefits or rights--shall be continued at overall levels not less than currently enjoyed and such other benefits as sick leave, vacation leave and retirement benefits shall be honored by the new city (Government code Section 56470r11) : j) The current boundaries of County Service Area No. 17, shall not be changed upon the inclusion of its territory within the new city. Pursuant to Government Code Section 54790[h], the Commission waives the application of Government Code Section 25210.90 and finds that the application of this section would deprive the residents of the new city of a service needed to ensure their health, safety, and welfare, and that this waiver will not affect the ability of the new city to provide any service; and Attachment q Page 2 of 3 0 e F 4 ?’ .* c k) Four improvement districts of the new city shall be formed with boundaries coterminous with each of the boundaries of County Service Areas Nos. 9D, 34, 91, and 92. Each improvement district shall be the successor to one of the CSAs for the purpose of succeeding to all the rights, duties and obliga-Lions of the CSA with respect to enforcement, performance or payment of any outstanding loans and implied or expressed contracts and obligations. The authority to levy the previously authorized benefit assessment for each CSA would be transferred to the new city and would be assessed for the appropriate CSA (Government Code Sections 56470[e] and [t]). 2. The effective date of establishment of the Encinitas Protection District as a subsidiary district of thc city shall be October 1, 1986. The effective date of e lishment of the San Dieguito Water District and the Enci Sanitary District as subsidiary districts of the new shall be December 1, 1986. Upon and after these dates: a) The offices of the Board of Directors of each of the districts shall be terminated, and the new city council shall be designated as, and empowered to act as, ex officio the Boards of Directors of the districts. The districts shall continue in existence with all the powers, duties, rights, obligations, and functions provided for by the principal act, except for any provisior relating to the selection or removal of the members oftheBoardof Directorsofthedistricts (Government Code Sections 56470Ckl and 56539); and b) The establishment of the districts as subsidiarq districts of the new city shall not affect 01 impair- the status of any duly-appointed employee of the districts. All benefits and rights of district employees--including employment contracts, seniority rights, and retirement rights--shall be continued at an overall level not less thar currently enjoyed, and such other benefits as sick leave, vacation leave, and retirement benefit5 shall be honored by the districts as subsidiari districts of the new city (Government Code Sectior 56470[11). Approved by the Local Agency F Commission of San Die€ J!iN - 6 Attachment E Page 3 of 3 $2w44?wu Executive on*a ot ad Canmi: . /u*- -. -.-..-. - - - . -- _?_ .. .- - .. , , . .~ .- . ,’* - . ;; ~ -, --,/-r ---p -_I- (.: ,- : e;; d”LkSLb * db 1s IL chairman January 14, 1982 executive officer TO : Local Agency Formation Commission F ROFl : Executive Officer cdunsel SUBJECT: Propose?. “San Dieguito Reorganization” (ROSI members Water District An application €or the reorganization of the communiti of Cardiff, Encinitas, Leucadia, T7il.lage Park, ani! Oli County Board of was submitted to your Commission by the Roard of Super Supervisors on May 26, 1981. As submittefl, the proposal includes corporation of a City of San Dieguito, establishment o County Board of Encinitas Fire Protection District as a subsidiary Ciis Supervisors of the new city, dissolution of the Cardiff Sani.tation trict, dissolution of the Encinitas Sanitary District, Counciiman,cityof d-issolution of the San Dieguito Water District, and de Lemon Grove ment of incorporated territory from County Service Are Gloria McCleIlan (CSA) No. 83 (San Dieguito--Park Maintenance) . City of Vista The boundaries of the proposed city encompass approxin 26 square miles in land area and a population of 38,OC Sari ~a~o~county A previous incorporation effort in San Dieguito failed Water District an election in November 1974. At that time, the area cluded in the current proposal had a population of apy Dr. Charles W. Hostler Public Member Wilfiam D. Davis Don8ld L. Clark Ralph W. Chapman Otay Municipal Paui W. Fordem Tom Hamilton Dell Lake Councilwoman, Staniey A. Mahr alternate members Alex L. Ad8ms mately 22,000. Your Commission has scheduled a public hearing on Jan1 Paul Eckert 14, 1982, to review the proposal, take public testimor and consider the recommendations of the Executive Off: and the Technical Advisory Committee. Our staff revit has resulted in the following conclusions concerning 1 Padre Dam Municipal Water Oistrict County Board of supery;sors Councilmember, proposal: Mike Gotch Majorie Hersom 1. The County’s incorpdration study, more recent data on certain costs and revenut indicates that the proposed city would have : ficient financial resources to support a mun government and maintair, services at the leve vided by the County. uncertainty about the effects the Fiscal Yea 83 State budget and the economy in general m on local government revenues during the next Eowever, since both cities and counties rely many of the same revenue sources, a City of Dieguito shou1.d be able to provide services least at the same level as could be provided the County. City of San Diego Aipine Fire Protection District There is considerable Re: froposed "5zn dD PgvitG ?ie@nr?ir:n?Zation" e ' , LiZFCo If ,january 14, 1982 Page Two 2. Several exclusions from the County-proposed northern i poration bolundary have been requested by property owne who prefer future annexation to the City of Carlsbad. .described in the staff report, there are reasons to su both inclusion and exclusion of these properties. How on balance, there appears to be insufficient justifica for excluding these areas from the proposed incorporat The existing City of Carlshad Sphere of Influence cont substantial unincorporated acreage, and there is no ne add additional territory to its sphere at this time. 3. Batiquitos Lagoon, north of the proposed incorporation within the Carlsbad Sphere of Influence adopted by LAFt 1978. The County requested LAFCO to review this deter: tion in light of the potential incorporation of San Di( As explained in the staff report, our analysis does no port amending the Carlshad Sphere to include part or a the lagoon area in the incorporation boundaries. 4, Incorporation can provide the opportunity to consolidal the provision of services in a community. The San Die! area is served by six independent and one County-goverr special districts, three of which serve territory outs! the proposed incorporation boundaries. Reorganization three districts as part of the incorporatio? and a char in the governing board of one district by operation of would consolidate the authority and responsibility for services in the incorporation area. Changes in the st; of three districts serving areas outside the incorporat area are not feasible as part of this proposal. If inc poration is successful, the new c5.ty and affected disti could evaluate any additional district reorganizations. 5. The San Diequito Water District, proposed for dissoluti in the County's application and recommended for establi as a subsidiary district by the LAFCO Technical Advisor Committee, :is preparing a bond proposal for considerati by district voters in April 1982. The District is conc that any change in governing boards might affect the ah of the District to se31 its bonds. The opinions of sev bond counse:Ls and brokers vary on the significance of t factor, If San Dieguito is to incorporate, it is sta.ff coriclusion that as many services as feasible should bec city responsibi 1 i ties. It is therefore RECOMMENDED that your Commjssion take the follow actions: 1. Certify that: the information contained in the laration prepared by the County of San Diego has been r( and considered. ' LAFCo - (I) . 0 Re: y'roFQse5 'I $77 I_ *-. .Jlt.-,uito Rcor5anizzticn" Yanuary 14, 1982 Page Three .f 2. Approve the proposed "San Dieguito Reorganization," mc to include the following changes of organization: a. Incorporation of the City of San Diequito with box as shown on Exhibit A. b. Establishment of the Sam Dieguito Water District a Encinitas Sanitary District as subsidiary district the new city. c. Dissolution of the Enciinitas Fire Protection Distr naming the new city successor agency. 3. Determine t-hat the proposed City of San Dieguito shall ceive a base property tax allocation from the County c San Diego of $618,285, plus 100% of the property tax L of County Service Area No. 83 within the incorporatior aries, and direct the Executive Officer to notify the accordingly. (As successor agency, the new city would matically receive 100% of the property tax revenues of Encinitas Fire Protection District.) 4. Subnit for voter approval as part of the ballot questi reorganizat-ion an appropriations limit for the new Cit San Dieqzito of $9,274,000. 5. Adopt the attached terms and conditions (Exhibit B) as of the proposed "San Dieguito Reorganization. " Executive Officer December 22, 1981 WDD : na Attachments: Exhibit A Recommended Boundaries, Proposed "San Dieguito Exhibit B -- Proposed Terms and Conditions LAFCO Staff Report Recomnendations of the San Dieguito Incorporation Technical County Incorporation StTJdy Negative Declarat-ion/Initial Study F!eorganization" Advisory Cormittee ' EXHIBIT A ,' _..-- 0 8' . dB /I I1 EXHIBIT B PJiOPOSED TEWS AND CONDITIONS 'I !;AN DIEGU IT0 REORGAN I Z AT ION 'I - 1. The effective date of this "San Dieguito Reorganization" SI be July 1, 1982, except as otherwise stated in Paragraphs : 4, and 5 of these Terms,and Conditions (Gov't Code SS 56471 and 56456). Upon and after that date: a. The City Manager, City Clerk, and City Treasurer shall appointed by the City Council (Gov't Code §§ 35111.5 ai 56470 (9)) i b, Terms of office for the members of the City Council sh, be subject .to Government Code Sections 35442 and 35443 (Gov't Code §§ 36503 and 56470(s)) ; c. Pursuant to Government Code Section 35441, the City Co of the City of San ilieguito shall, immediately followi its organization and prior to performing any other off act, adopt ,an ordinance providing that all County ordi theretofore'applicable shall remain in full force and as City ordinances for a period of 120 days thereafter until the San Dieguito City Council has enacted ordina superseding them, whichever shall first occur (Gov't C § 56470(q)f ; d. Pursuant to Government Code Section 35448, the Board o Supervisors shall continue to furnish, without additio charge, to the area incorporated all services furnishe the area prior to the incorporation. Such services sh be furnished for the remainder of the fiscal year duri which the incorporation became effective, or until the Dieguito City Council requests discontinuance of the s ices, whichever shall first occur (Gov't Code S 56470( e. The newly-incorporated portion of County Service Area 83 (San Dieguito--park maintenance) shall be automatic detached from said CSA, subject only to compliance wit requirements of Chapter 8, Division 2, Title 5 of the ernment Code (Gov't Code S25210.90); f. The City of-San Dieguito shall be the successor to Cou Service Area No. 83 for the purpose of succeeding to a rights, duties, and obligations of County Service Area 83 within the newly-incorporated area, with respect to forcement and performance of any outstanding contracts obligations related to the maintenance of local parks ferred to the City of San Dieguito (Gov't Code §§ 5647 and 25210.90); and 0 I. dB 4. 1' g. The portion of the unencumbered funds (including cash hand and monies due but uncollected) standing to the c of County Service Area No. 83, proportionate to the a: valuation olf the area to be detached to that of the e1 area within County Service Area No. 83, shall be tran: to and vested in the City o:E San Dieguito (Gov't Code .25210.90); h, The current boundaries of County Service Areas No. 17, 91, 92a, and 92b shall not be changed upon the inclusi their territory within the City of San Dieguito. Pur: to Government Code Section 54790(h), the Commission WE the application of Government Code Section 25210.90 ai that the application of this section would deprive the dents of the City of San Dieguito of a service needed ensure their health, safety, and welfare, and that thi waiver will not affect the ability of the City of San to provide any service. The San Dieguito City Council however, within 60 days of the inclusion of these cow service areas wlthin the City, adopt a resolution null this waiver: i. The San Dieguito incorporation area shall be automatic detached from County Service Area No. 9, Zone D (Villa Park) , subject only to compliance with the requirement Chapter 8, Division 2, Title 5 of the Government Code (C-ov't Code § 25210.90). 2. The effective date of the establishment of the San Dieguit District as a subsidiary district of the City of San Diegu shall be November 1, 1982. Upon and after this date: a, The offices of the Board of Directors of the San Diegu Water District shall be terminated, and the San Diegui City Council shall be designated as, and empowered to as, ex officio the Board of Directors of the District. Dieguito Water District shall continue in existence wi all the pow'ers, duties, rights, obligations, and funct provided for by the principal act, except for any prov relating to the selection or removal of the members of Board of Directors of the District (Gov't Code §§ 5647 and 56539); b. The establishment of the Sari Dieguito Water District a subsidiary district of the City of San Dieguito shall i affect or impair the status of any duly-appointed emp1( of the District. All benefits and rights of the San D. Water District employees--including employment contraci seniority rights, and retirement rights--shall be cont: at an overall level not less than currently enjoyed, ai such other benefits as sick leave, vacation leave, and tirement benefits shall be h.onored by the San Dieguito Water District as a subsidiary district of the City of Dieguito (Gov't Code § 56470 (1)) : 0 t. *. 0 t. rl c. The establishment of the San Dieguito Water District a: subsidiary district of the City of San Dieguito shall I impair the right, duties, and obligations of the subsic district to issue and sell any revenue bonds of the Sax Dieguito Water District authorized but unissued at the the San Dieguito Water District is established as a SUI ary district. of the City of San Dieguito (Gov't Code § 56470 (9) ) . 3. The effective date of the dissolution of the Encinitas Firt tection District. shall be November I, 1982. Upon and aftei date: a. The offices of the Board of Directors of the Encinitas Protection District shall be terminated (Gov't Code 5 56470 (k) ) ; b. The City of San Dieguito shall be the successor to the Encinitas Fire Protection District for the purpose of I ceeding to all rights, duties, and obligations of the extinguished district with respect to any implied or e: pressed contracts and obligations of the Encinitas Fir1 Protection District (Gov't Code S; 56470 (m)) ; c. All property, whether real or personal, including all : or funds (including cash on hand and md.nies due but un lected) of the Encinitas Fire Protection District shal transferred to and vested in the City of Sm Dieguito. equities, reserves, and fund balances (operating, debt vice, and construction) generated through past operatil of the Encinitas Fire Protection District shall be tra red to the City of San Dieguito to be maintained or di for fire protection purposes for which they were estab (Gov't Code §§ 56470(h) and (i)); d. The current employees of the Encinitas Fire Protection trict shall be transferred to and become employees of City of San Dieguito and shall enjoy all of the rights privileges of other employees (Gov't Code 5 56470 (1) ) : e. The benefit:; and rights of the Encinitas Fire Protecti District employees--including salary, seniority rights retirement rights, sick leave, vacation, and life, dis bility, and health insurance--shall be continued at an overall level not less than currently enjoyed (Gov't C 5 56470(1)). 4. 'I'ne elAG;;tive date of the establishment of the Encinitas S District as a subsidiary district of the City of San Diegu shall be November 1, 1982. Upon and after this date: "*.. 1) e ,I 4. a. The offices of the Board of Directors of the Encinitas Sanitary District shall be terminated, and the San Die City Counci:L shall be designated as, and empowered to as, ex officio the Board of Directors of the District. Encinitas Sanitary District shall continue in existenc all the powers, duties, rights, obligations, and funct provided foic by the principal act, except for any prov relating to the selection or removal of members of the of Directors of the .District (Gov't Code §§ 56470(k) a 56539) ; b. The establishment of the Encinitas Sanitary District a subsidiary district of the City of San Dieguito shall affect or impair the status of any duly-appointed empll of the District. All benefits and rights of the Encin Sanitary District employees---including employment cont seniority rights, and retirement rights--shall be cont at an overa:Ll level not less than curreEtly enjoyed, a such other benefits as sick leave, vacation leave, and tirement benefits shall be honored by the Encinitas Sa District as a subsidiary district of the City of San D (Gov't Code § 56470(1). 5. On June 30, 1983, title and responsibility for all real prl of the County of San Diego acquired/developed for park pur: with the exception of San Elijo Lagoon, Quail Botanical Ga and the Encinitas Landfill site--shall be transferred to a vested in the City of San Dieguito (Gov't Code 5 56470!h)) 1, -11- 4) 18 9 *fi 1, of CDF estimated that San Dieguito should also reserve $15,000 to $20,000 a year for support from CDF. Thus it appears that the cost of wildland fire protection may not 1 that significant.. 9 fs In conclusion, the Olivenhain community is within the logic % 0 expansion area of the proposed City of San Dieguito, becaus Olivenhain identifies with the total incorporation arEa frc a community,economic and service perspective. While it is possible for the new city to exert influence over developme and services in-Cilkvenhain if it is excluded from the incorF boundaries, inclusion at the time of incorporation would provide the new city with the greatest ability to coordinat development with the provision of services in its logical P 1 expansion area. Further, the costs associated with includi the area at current service levels are minimal. d I g - Technical Advisory Committee Recommendation m The Advisory Committee considered the eastern boundary 9 = I I z * - = I - - => for the proposed city at two separate meetings. On th first occasion, the Committee determined that no boundary should be recommended that would split the 1: 11 g: - Committee recommended that the eastern boundary includ g a! County Board of Supervisors, 4, : Executive Officer Recommendation B SI community of Olivenhain. At the second meeting, the x all of the Olivenhain community as proposed by the :+ =. w The Executive Officer concurs with the eastern city i boundary recommended by the Advisory Committee. %. h f $ i I /NORTHERN BOUNDARY i The northern incorporation boundary submitted to LAFCO by f the Board of Supervisors corresponds to the Carlsbad Sphere I of Influence established by LAFCO in 1978 and, farther east a ridgeline. The northern boundary was the subject of f extensive discussions by the Technical Advisory Committee I: and has been diviided into several issue areas. These areas are designated on the map on page 12 and are discussed in t * z i t t section of the report, as follows: i r - City of! San Marcos Sphere of Influence and Sphere - Wooley Exclusion (Areas A and B) - Green Valley Exclusion (Areas C and D) - Batiyuitos Lagoon P Study Area 1> F . -i 0 -13- (I) City of San Marcos Sphere of Influence The southern City of San Marcos Sphere of Influence is generally coterminous with city limits, however, the City': sphere extends outside city limits to include a County landfill that is partially in the County and partially in the City of San Marcos. The northern incorporation bounda proposed by the Board of Supervisors extends into that portion of the San Marcos Sphere of Influencethat contains County landfill. The map on page 12 shows the proposed boundary and its relationship to the San Marcos Sphere of Influence. Sphere of Influlence Study Area As currently proposed, the northern incorporation boundary would leave unincorporated territory surrounded by the Cities of San Marcos, Carlsbad, and the new City of San Dieguito, which is not in any city's sphere of influence. This territory is currently undeveloped. However, a tentative map subdividing 64 acres in this area was recent approved by the County, and construction of improved acce: may lead to additional development in the area. To provic direction as ts which local agencies would most louicalll provide services in this area, and to guide the County in addressing future development, it would be beneficial to conduct a sphere of influence study for this area. Technical Advisory Committee Recommendation The Advisory Committee recommended that the proposed incorporation area currently within the San Marcos Sphere of Influence be excluded from the proposed incorporation. Executive Officer Recommendation Your Executive Officer concurs with the Advisory Committee's recommendation to exclude land within th San Marcos Sphere of Influence from the proposed incorporation. The Executive Officer further recom- mends that, should the San Dieguito incorporation bc successful, the Commission di,rect staff to conduct E study on a recommended sphere of influence for the E surrounded by Carlsbad, San Marcos, and the new titi 5. i ri 1 i 2 !i <I !I 4D e ). -14- Wooley Exclusion Four individuals who own land contiguous with the City of Carlsbad have requested that the proposed incorporation boundaries be modified to exclude their land holdings. AS of the publication of this report, a representative of the property owners had filed an application for annexation of this territory with the City of Carlsbad. The territory proposed for exclusion includes two non- contiguous areas, which are shown on the map on page 12 s The smallest area (Area A) is southeast of Carlsbad, and the larger area (Area B) is directly to the south of that City. Both areas are outside the existing Carlsbad Sphere of Influence - Area A: This area totals approximately 80 acres, is undevelc and generally slopes to the south. This area is not present: receiving services. The most direct source of access to the property is via a private road that connects to Lone Jack Road within the proposed incorporation area. There is also a recorded easement to the property from the south within the proposed city. At one time, a maljor street - Melrose Drive - was proposed to be constructed through this area and would have provided access to the area from both Carlsbad on the north and Olivenhain on the south. In August, 1981, the Board of . Supervisors voted not to place Melrose Drive back in the Circulation Element of the County General Plan. City of Carlsbad staff has therefore indicated that the City may amend its General Plan, reducing the design capability of that portion of Melrose Drive proposed to be constructed within Carlsbad to serve local traffic only. The portion of Melrose Drive proposed to be constructed in the County would have provided improved access to Area A. According to the property owner, now that the County has eliminated Melrose Drive, the possibility of acquiring improved access off Melrose Drive in Carlsbad in the future is greater if the area is annexed to that City. While improved access i:j an understandable concern, circumstances do not appear to Support exclusion of.Area A from the incorporation proposal for this reason. Both current access and legal access to the property is from the south in the incorporation area; no development requiring access has been proposed by the property owner: and, there is nothing to preclude future access from Melrose Drive across Carlsbad ci limits - -15- - a 1. e Area B: This area includes five different property ownershir and totals approximately 352 acres. Rancho Santa Fe Road bisects Area B. Land to the west of Rancho Santa Fe Road contains a feed and grain store, undeveloped land, and the Olivenhain Municipal Water District operation yard and headquarters. The portion of Area B east of Rancho Santa Fe Road includes undeveloped land and a nine acre greenhouse operation. A tentative map subdividing approximately 9C .e- acres directly west of the greenhouses into 152 lots was recently submitted to the County. The primary justification suggested by a representative of the landowners for modification of the proposed boundaries is that the property owners in Area B have historically identified more with the City of Carlsbad thanthe San Dieg area. According to City of Carlsbad staff, however, the City has not received annexation inquiries for this area until recently. In 1974, the City of Carlsbad submitted a proposed sphere of influence to LAFCO, which represented t' extent to which Carlsbad desired to extend its boundaries. The City I s proposed sphere was subsequently adopted by LAF following public hearings in 1978. Area B was not include within either the requested or adoDted sphere of influence nor is it within the City of Carlsbad General Plan. However, Area B is included within the San Dieguito Commui Plan, which covers the entire proposed incorporatFon area The proposed incorporation boundary in this vicinity runs east along Olivenhain Road from El Camino Real to Rancho Santa Fe Road, then continues east generally following th north side of the valley formed. by Encinitas Creek and it tributaries. The proposed boundary is therefore visual11 perceptible, making it easy to identify service responsil The proposed modified boundary would be difficult to idei however, because there would be no topographic or manmadl feature to provide a visible division between the cities Access to Area B is currently provided off Rancho Santa Road, Olivenhain Road, and Thirteenth Street in OlivenhE Rancho Santa Fe Road and Olivenhain Road currently prov: access to territory in both the proposed city and in Cai Thirteenth Street provides access only to land located within the proposed city. The City of Carlsbad recent1 approved a tentative map subdividing 173 acres located of Area B into 560 units. If and when this development completed, ad.ditiona1 access to Area B may be available the north. Because access is available to Area B from the north through Carlsbad and from the south thrc the proposed city, access does not support either incli or exclusion of this area from the incorporation propo' i 1 j 7 I- ----*- ----, -7r, -?"-- ~ "^ 7- '7-aa-r*-- *-.-I_ __"_. -= -__ ~ e -16- 4) 1. )I Services are presently provided to portions of Area B'by th Olivenhain Munici.pa1 Water District, the Leucadia County Water District, -and the Rancho Santa Fe Fire Protection District. The 0li.venhain Water District and the Leucadia Water District currently serve territory in both Carlsbad and the proposed City of San Dieguito. The Rancho Santa Fe Fire Protection District estimates that its response time t Area B is approxi.mately two minutes compared to an approxim five minute response time for the Carlsbad Fire Department. Carlsbad's response time to Area B, however, will be signif lower upon completion of a temporary fire station planned for construction at the intersection of Rancho Santa Fe Roa and La Costa Avenue. City staff estimates that this tempor fire station should be operational within one year, Becaus sewer and water service to Area €3 is provided by districts that cross city boundaries and fire service could be effici provided by either Carlsbad or the Rancho Santa Fe Fire District, the prcwision of services does not support either inclusion or exclusion of Area B from the proposed city. There may be insu.fficient justification to modify the propo incorporation bou.ndary to exclude Area B. This area.is not necessariJy iden.tified with the City of Carlsbad nor is there an advantage to either jurisdiction or to the propert owners in terms clf access or service responsibility, Addit ally, exclusion clf Area €3 from the proposed city would establish an indistinct boundary between these two cities. Technical Ad.visory Committee Recommendation The Advisory Committee recommended that the incor- poration boundaries be modified to exclude Areas A and B from the incorporation proposal and that these areas be included within the Carlsbad Sphere of Influence an1 ultimately annexed to that City. Because there was no advantage to either jurisdiction in serving Areas A an( B, the Advisory Committee based its recommendation on property owner sentiment. Executive Officer Recommendation Your Executive Officer recommends that the incor- poration boundaries remain as pr.oposed by the County and that they not be modified to exclude Areas A and B There is insufficient justification to warrant amendmei of the established Carlsbad Sphere of Influence or . modification of the proposed incorporation boundaries. -17- a ,, e Green- Valley Exclusfi Individuals representing the property owners of two non- contiguous areas totalling 331 acres have requested that the proposed San Dieguito incorporation boundary be modified to exclude their clients ' landholdings (. The largest area (Area C) is generally located south of La Costa Avenue and west of El Camino Real. The remaining acreage (Area D) is located south of Olivenhain Road and east of El Camino Real, These two areas are commonly referred to as The County's proposed boundary in this vicinity generally follow, the south side of La Costa Avenue and the east side of El Camino Real. areas. The property owners are preparing a master plan for the development of their entire ownership, which includes over 1,700 acres, 331 acres located. in the "Green Valley" area, as well as about 200 acres on the north shore of Batiquitos Lagoon, acres of the lagoon itself, and 930 acres currently in the City of Carlsbad. An annexation application for the entire ownership has been filed with the City of Carlsbad. primary justification suggested by the consultant for the proposed boundary modification is that annexation to Carls would place all of these landholdings within one city, making it easier to develop a master plan for development. The smaller section, Area D, is currently undeveloped. TI San Dieguito Community Plan designations for the area are office professional, commercial, residential (2.9 du/acre and flood plain, The property owners' preliminary master plan indicates that they intend to construct residential development in Area D, undeveloped land to the north in the City of Carlsbad, vacant property to the east and south, and agriculture t the west, The County has approved several tentative maps land to the south of Area D. "Green Valley." Please refer to page12 for a map of these two The master plan will cover the aforementioned 2J .. The Surrounding land uses include - - = Area C contains vacant land, agriculture, and a limited preliminary master plan indica.tes that they intend to CCRStrUCt commercial development on the land directly the remaining portion of Area C.. The tDpography of tht area consists of a north/south valley that drains tows. Batiquitos Lagoon. The west side of the valley rises a bluff line at an approximate elevation of 340 feet, Surrounding land uses include-the lagoon to the north, commercial development to the east in the City of Car] and agrlculturc to the south and west. i = amount of comrnercial development. The property Owners' P South of La Costa Avenue and residential development ir t I c__ ---------~- .. -- ----" 0 i -18- ab 9, 41 Area C is included within the San Dieguita Local Coastal Program (LCP) land use plan. The San Dieguito LCP was prepared by County staff. The State Coastal Commission h conditionally certified the LCP landuseplan, but the Boa of Supervisors has refused to ratify the LCP because the Board does not agree with the changes to the plan adopted the State. The State Coastal Commission is scheduled to reconsider the LCP in late January. If the State Commiss modifies the LCP so that it is acceptable to the Board of Supervisors, and if the Board ratifies this plan, the LCP land use plan would become the coastal portion of the San Dieguito Community Plan. The County's San Dieguito LCP land use plan designates Ar C for residential development ,(1 du/acre), but the State Coastal Commission's version designates this area as agri cultural cropland, To protect Batiquitos Lagoon by preve development on the lagoon's north shore, the State Commis has also approved a density transfer that affects Area C, The State!s San Dieguito LCP specifies that the overall density in Area C shall be 2.8 dwelling units per acre, calculated on the property owners' 200 acre landholding o the north shore of Batiquitos Lagoon, exclusive of all wetland areas and slopes over 25 percent. If the north shore of the lagoon is preserved in agricultural use or o space as a condition of future development, the permitted density on the north shore could be transferred to Area C Such a transfer would increase the permitted density in A C to a maximum of 10 dwelling units per acre, The density transfer and the beneficial impact it could h on Batiquitos Lagoon is integrally related to the propert, owners' master planning effort. If the owners' laRdholdi are split between Carlsbad and the new City of San Diegui as currently proposed by the County, the density trTnsfer would be more difficul-tr to implement because the property owners would be required to work with two local land use jurisdictions instead of one. Further, because San Diegui would incur the expense of providing services to the high would not have to provide services to the north shore (wh would remain in agriculture), the proposed city may not w to accept the density transfer. It may be premature, however, to base a decision affectin1 Area C on the State Commission's version of the San Diegu LCP, for several reasons. As of .t,he publication of chis report, the San Diego County Board of Supervisors has not ratified.the San Dieguito LCP and the density transfer to Area C. It is possible that the density transfer may not i density development in Area C, while the City of Carlsbad I* a -19- a) ~, 3. r' ./- included in the final version of the San Dieguito LCP satif. by the Board of Supervisors. Additionally, while the City of Carlsbad generally supports the density transfer approacl t3 preserving agricultural lands, the City Council has not taken an official'position on the Green Valley density transfer. As a result, even if the area is annexed to Carl: thedensitytransfer may not occur. Finally, it is not DOSS: to determine how the proposed city would react to the densi transfer. While the new city would incur the expense of providing services to the density transferred to Area C, these expenses ccluld be offset by revenues generated from the potential commercial development property located on thi southwest corner of La Costa Avenue and El Camino Real. Representatives of the property owners stated before the Technical Advisory Committee that Areas C and D should be annexed to Carlsbad if that City is given jurisdiction over the lagoon, because the areas are located within the water- shed of the lagooln, The San Dieguito Local Coastal Program contains a general policy statement designed to protect the Lagoon from further degradation. This policy has been agreed to by both the County and the State. Basically, drainage in the coastal zone must be controlled so that it does not exceed the rate associated with terrain in its natural state, and appropriate measures are to be taken on and off site to prevent siltation of Batiquitos Lagoon. Drainage into the lagoon would therefore be controlled regardless of which jurisdiction has land use authority ove - Areas C and D. Representatives of the property owners also feel that these areas should be excluded from the proposed city because the Carlsbad Fire Department has a shorter response time to these areas. Fire service would be provided by the EnciniL Fire Protection District if the boundaries are not modified and by the City clf Carlsbad if these areas are annexed to Carlsbad. These two fire agencies currently have an auto- matic aid agreement. Under the terms of this agreement, each agency automatically responds to structural fires in certain sections of the other jurisdiction. According to the Encinitas Fire Protection District, the two fire agencic respond equally into each other's jurisdiction, and there i: no reason to expect this relationship to change if incorpori tion is successful. Two factors of inportance to the Technical Advisory Committt related to these areas are the visibility of present bounda: and the community identityof the potential exclusion area. The boundaries proposed by the County near Green Valley are 01 -20- 0 1. ,. visually perceptible because they conform to major roads. The northern boundary follows the south side of La Costa Avenue and the eastern boundary follows the unincorporatec portion of El Camino Real (see ,map on page 12) I If Areas and I) were excluded from the proposed city, there is no visual point of reference east to west that would delineat boundary between the two cities in this vicinity, It shoul however, that the east shoulder of El Camino.Rea1 is curre .within the City of Carlsbad. To prevent split maintenance responsibility, the County currently contracts with Carlsb to maintain the road. If incorporation is successful, it conceivable that the new city and Carlsbad could enter intc E a similar agreement for the total maintenance of the road. Historically, neither Areas C norD have been identified wi the City of Carlsbad. In 1974, when the City of Carlsbad submitted its proposed sphere of influence to LAFCO, neithc of these areas were included. These areas are also outside the area covered by the Carlsbad General Plan. Both areas however, are included within the San Dieguito community planning area established by the County of San Diego. The question of whether to exclude or include Areas C and 1 from the proposed city is not clear-cut. Exclusion of Are? C would prevent split jurisdiction over El Camino Real, Further, the affected property owners have rea'chcd a prelin agreement with the State Coastal Commission pertaining to a density transfer for Area C, which might have a beneficial impact on Batiquitos Lagoon if implemented. Unfortunately, it is too early to confirm that the density transfer will become reality, because the jurisdictions involved have not officially consented to it. In addition, there is nothing to legally preclude the transfer even if the proposed incor boundaries are retained and the transfer made between two cities. Because these two areas have generally been identi with the area of the proposed city in the past,becaxse the proposed boundaries are readily identifiable, and because 1 is possible for the two cities to establish a maintenance agreement for El Camino Real, on balance it appears most logical to retain. Areas C and D in San Dieguito as proposed by the Board of Supervisors. Technical Advisory Committee Recommendation The Advisory Committee recommended that the northern incorporation boundary include Areas C and D as proposed by the County Board of Supervisors. The Committee felt that El Camino Real provided a visually perceptible boundary, and that these two areas have been historically identified with the San Dieguito area. 0 -21- m Executive Officer Recommendation Your Executive Officer; concurs s-ith the Advisory ,Committee's recommendation for Green Valley. Batiquitos Laqoon The northwest boundary submitted to LAFCO by the County Board of Supervisors follows the Carlsbad Sphere of Influe The precise boundary of the sphere of influence between El Camino Real and Interstate 5(I-5) is the south side of La Costa Avenue, and west of 1-5, the south shore of Batiqui Lagoon. All of the lagoon is therefore within the City of Carlsbad Sphere of Influence. Carlsbad staff has indicate that an annexation proposal including Batiquitos Lagoon ea of 1-5 has been filed with the City. The sphere of influence for Carlsbad was established by LAFCO in 1978 after a considerable amount of staff researc and following public hearings. As previously mentioned, t sphere of influence is defined in state law as "a plan for t.he probable ultimate physical boundaries and service are; of a local governmental agency.'# The County feasibility study suggests that LAFCO re-examine the Carlsbad Sphere < Influence in light of the San Dieguito incorporarion propc Further, the San Dieguito Incorporation Study Group has requested that the northern boundary for the proposed cit: be adjusted to the center of Batiquitos Lagoon so that thc City of San Dieguito would have direct responsibility in planning for the future of the lagoon. /, t Sphere Of Influence in 1974, the City of Carlsbad submitted a proposed southe sphere of influence boundary to LAFCO that ran through t'r center of Batiquitos Lagoon. However, on staff's recome the Commission determined to place all of Batiquitos Lagc within the City's Sphere of Influence based on the follor, factors: 1. Staff of the County Department of Parks and Recreation, the Regional Water Quality Control Board, and the San Dieqo Regional Coastal Com- mission recommended that the lagoon and the unincorporated north shore area be includec within a single land-use jurisdiction, specific wetlands management standpoint. I I the City of Carlsbad, from a land acquisition ; e -22- 0 t.' B 7, (I 2. If the north shore of the lagoon were to develop and require urban level services, the City of Carlsbad and the-Costa Real Municipal Water District would be logical agencies to provide these services. I ! i I 3. While the north shore of Batiquitos Lagoon I presently has no residential development, the lagoon has been identified with Carlsbad because it is within the Carlsbad General Plan; During the Carlsbad Sphere of Influence hearings, the Corn: focused on the question of whether the entire lagoon area should be placed within the City's Sphere of Influence. A re-examination of the Carlsbad Sphere of Influence in the context of the San Dieguito incorporation proposal, howevei ?;.;crzld more appropriately focus on the question of whether the lagoon is more related to Carlsbad or the proposed Cit] of San Dieguito'frorn a service, topographic, and community idefitity perspective. Batiquitos Laqoon Batiquitos Lagoon covers approximately 500 acres, including water area, inner salt flats, and seasonal marshes. Accord to the San Dieguito LCP, the lagoon has been recognized as major ecological resource and has been designated as a Resource Conservation Area and a State Wildlife Conservatio Eoard Wildlife Preserve. c The land contiguous to the north and east shoreline of the lagoon slopes gradually to bluffs at elevations of approxim 200 feet. The unincorporated north shore is either current under cultivation or vacant. To the east of the lagoon, in the City of Carlsbad, are single family residences, the La Costa Country Club, and a retail/business park. To the sout of the lagoon, sandstone bluffs rise steeply from the shore, reaching an elevation of 300 feet within less than 1000 feel of the lagoon. Most of the land in the immediate vicinity of the south shore is too steep to accomodate major develop- ments. Batiquitos Lagoon has been seriously degraded by adjacent residential development and grading, According to.staffs oj the San Diego Association of Governments and the Coastal Commission, while the watershed of the lagoon includes land outside $the City of Carlsbad, development approved by the City has had the most significant adverse impact on the lagoon. Enhancement of the lagoon is contingent on the @ -23- e I, 1% stabilization of the processes which have brought the lagoc to its present deteriorated state. According to staffs of the Coastal Commission, the State Department of Fish and Game, and the County Planning Department, the most effectii way tp pursue an enhancement program is to place the entire- lagoon within a single local jurisdiction. This would prevent duplication of responsibility for the qualit: . of the lagoon, would-make the decision-making process affec the lagoon simpler, and would promote coordination of any future lagoon enhancement effort. Batiquitos Lagoon is presently within the boundaries of several special districts. The lagoon is wholly contained within the boundaries of the Costa Real Muni.cipa1 Water District, which serves the residents of Carlsbad. The District currently provides irrigation water to land conti to the northeast shore of the lagoon'via a distribution li that runs along El Camino Real. The District does not provide water service to any of the territory included within the proposed city. The Leucadia County Water District currently provides sewer service to the communiti of Leucadia, Village Park, and part of the City of Carlsba The boundaries of the Leucadia District currently contain Batiguitos Lagoon, but the District does not provide sewer service to lands along the north or south shores. Fire protection service is provided to the north shore of the lagoon by the City of Carlsbad Fire Department, and the south shore is within the boundaries of the Encinitas Fire Protection District. These two jurisdictions currently hz an automatic aid agreement for structural fires. Community identity with Batiquitos Lagoon is difficult to establish, particularly because the lagoon is include6 in both Carlsbad and San Dieguito school districts, postal zones, and land use plans. Over the past few years, the Leucadia Town Council has demqnstrated an intense interes. in the lagoon, and members of the Town Council have conta, federal, state, and local agencies on numerous occasions promote lagoon enhancement. Residents in Carlsbad, howeve also identify with the lagoon. Due to the topography sur the lagoon and the proximity of substantial residential development in the La Costa area of Carlsbad, the lagoon an important visual feature for Carlsbad residents. The proposed boundary for San Dieguito follows the south side of La Costa Avenue east of Interstate 5. La Costa Avenue provides major access to both the La Costa area. in Carlsbad and the Leucadia community. Because any future improvement of this road could potentially affect the lag the city with jurisdiction Over the lagoon should also ha decision-making authority over La Costa Avenue east of I- 0 -24- .. I' \, While there is agreement that restoration of the lagoon can be most easily accomplished if it is totally within.one local jurisdiction, it is not feasible to estimate the cost involved, when such activity would take place, or where funding would be obtained. It is certain, however, that th cost involved with coordinating enhancement will be signifi and it could be inequitable to place this responsibility wi a newly incorporated city which was not responsible for past development that'adversely impacted the lagoon. Additionally, re-examination of Carlsbad's Sphere of Influe demonstrates that the lagoon is significantly identified wi Carlsbad. The topography of the area surrounding the lagoo the proximity of substantial development presently in Carls and theexistenceof in-place services on the north shore of the lagoon provides sufficient justification to retain the existing Carfsbad Sphere of Influence and the proposed San Dieguito incorporation boundaries. Minor Boundary Modification In establishing the proposed incorporation boundary contigu- ous to Batiquitos Lagoon, the County intended that the parcels in State ownership be retained in the unincorporatec area north of the proposed city, and that the parcels in pr: ownership be included in the proposal. After LAFCO receivet this proposal, a parcel previously in public ownership was placed in escrow by a private party. This parcel should therefore be included within the incorporation boundaries. Please refer to the map on page 5 of this report for the exact location of this parcel (Area E). The proposed incorporation boundary also includes three parcels presently within the Carlsbad Sphere of Influence that should be excluded from the city. Two of these parcels, which are located directly east and west of 1-5, are owned by the State of California. The parcel east of 1-5 contains a State-operated park and ride facility, and the parcel west of 1-5 is undeveloped. The third parcel is located directly east of the State park and ride facility. This parcel is in private ownership, but should be excluded from the proposed incorporation because it is topographical1 related to Batiquitos Lagoon. The map on page 5 of this report shows the location of these three parcels (Area T_e_c:hnical Advisory Committee Recommendation The Committee's sentinlent concerning the efforts of the Leucadia Town Council in pursuing lagoon enhancemen was balanced by the greater financial ability of the City of Carlsbad to enhance and maintain the lagoon. f' , 0 -25- 0 " 'I The Committee did not reach a majority vote to either exclude or include Batiquitos Lagoon within the propose city. no recommendation on the issue. Executive Officer Recommendation Your Executive Officer recommends that the proposed northwest incorporation boundary follow the Carlsbad Sphere of Influence as proposed by the County, with the above-mentioned minor boundary modifications, because there is insufficient justification to amend the existing sphere of influence. All of Batiquitos Lagoon would therefore remain outside the proposed city. The Committee's .position, therefore, represents ._ . e -29- 0 ., I. subsidiary district, this adjustment is likely to be leE significant than if the District is dissolved. In addit there should not be a lengthy delay associated with the mencement of the water system improvements because perso of the existing District-would still be available to pro any needed expertise to the new Board of Directors of th District. / Olivenhain Kunicipal Water Cistrict The Technical Advisory Committee and LAFCO staff considei reorganization of the Olivenhain Municipal Water District part of the San Dieguito incorporation proposal. The sei area of the Olivenhain District within the proposed city constitutes approximately 20 percent of the District. TI San Dieguito Water District as a subsidiary district coul annex this portion of the Olivenhain District if the area were detached from Olivenhain. The San Dieguito and OliveRhain District systems, however, are not compatible, and detaching from one District and annexing to another would entail costly engineering work and the construction transmission mains to link the two systems. In addition, the Olivenhain District has designed its system to make maximum use of gravity flow. The San Dieguito Water Dist would have to use energy-consuming pumps in order to supp water to the area detached from the Olivenhain fiistrict. The detaching area would also have to pay a share of the Olivenhain District's bonded indebtedness. It would be possible to effect a reorganization of the Olivenhain and San Dieguito Districts without altering thf physical water systems if the new city contracted with thc Olivenhain District to serve the area detached from the Olivenhain District. However, it appears that this arrans would complicate, rather than simplify, service delivery, . Technical Advisory Committee Recommendations The Advisory Committee recommended that the San DiegL Water District be established as a subsidiary distric of the new city in order to give the San Dieguito Cit Council greater ability to achieve comprehensive services planning, while simultaneously leaving the assets and liabilities of the District in place. The - bwmittee also recommended adoption of terms and conditions for this change of organization.. The recommended terms specify that the San Dieguito Water Oistrict be established as a subsidiary district of t new city on November 1, 1982, On that date, the city 0 -30- a , ,(' I I council would be designated as the governing board 0. the District. Establishment of the District as,a subsidiary district would not affect the status of a] employee of that District; or the ability of the District to issue or sell any revenue bonds authorizc but unissued at the time the District is established a subsidiary district. The Advisory Committee recommended that the Olivenha: Municipal Water District not be affected by the incoi poration proposal because the cost of detaching the incorporated service area of the District and annexiz it to the San Dieguito Water District would outweigh any increase in governmental efficiency. Executive Officer Recommendation Your Executive Officer concurs with the Advisory Committee's recommendations for the San Dieguito Watc District and the Olivenhain Municipal Water District. FIRE PROTECTION SERVICE Structural fire protection service is provided within the proposed city by the Encinitas Fire Protection District ar the Rancho Santa Fe Fire Protection District. The Califor Department of Forestry, previously discussed on page 10 of this report, provides wildland fire protection in the east portion of the proposed city. The Encinitas Fire Protecti District serves the coastal communities of Leucadia, Encir and Cardiff. The Rancho Santa Fe Fire Protection District serves the communities of Village Park, Olivenhain, and Rancho Santa Fe. These districts have automatic aid agree with each other and therefore provide services to areas outside their boundaries. Please refer to page 31 for a n of the fire districts. County Proposal The County Board of Supervisors proposed that the Encinitz Fire District be established as a subsidiary district of t new city to retain the District's eligibility to receive Special District Augmentation Funds, a special distributic of property tax revenue which is only available to special districts. As a subsidiary district, the new city council would become the Board of Directors of this District. .The Board of Supervisors also proposed that the Rancho Santa I Fire District not be affected by. the proposed incorporatic 8. e a -38- 1, 1- f, county Proposal The Board of Supervisors proposed that the Leucadia County Water District not be affected by the incorporation proposal The County's incorporation study indicated that the District could be reorganized, with the service responsibility divide between the City of Carlsbad and the new City of San Dieguit However, the study concluded that because a number of factors would complicate such a reorganization, not be undertaken as part of the incorporation. The County proposed that the Encinitas Sanitary District be dissolved and an improvement district of the city establish€ to retain the service area and bonded debt of the dissolved district. The new city, as successor agency to the Sanitarl District, would assume responsibility for sewer service within the District's service area. The County also propose that the territory within the Cardiff Sanitation Dist-rict but outside the proposed city be detached from the District, that the District then be dissolved, with the new city designated as its successor agency. A city improvement district would be established to retain the service area and bonded debt of the Cardiff District. it should Leucadia County Water District The Advisory Committee and LAFCO staff considered reorgani- zation of the Leucadia County Water District as part of the incorporation. The District could be dissolved, with its service area divided between the City of Carlsbad and the new City of San Dieguito. This would give the respective cities decision-making authority over this service and promote the coordination of municipal service delivery and land use planning. However, several major issues would havc to be resolved before such a reorganization could occur. The Leucadia District utilizes the Encina Sewage Treatment Plant along with four other agencies. facility is provided by the Leucadia District. A successor agency would have to be designated to assume the responsibil for staffing the treatment facility if the Disgrict were dissolved, A district reorganization would also necessitate contractual arrangements between the City of Carlsbad and the new City of San Dieguito for the'transportation of effluent to the treatment plant and for the allocation of capacity rights upon expansion of the plant. These arrange- ments would need to be tentatively determined prior to the election on the incorporation, so that district voters woulc know the effects of the change of organization. However, the actual agreements would most appropriately be negotiated Staff for this ' e .a .J) -39- ', b, after San Dieguito incorporated so that the new city COUI could negotiate on its own behalf. Pages 51-54 in the County's Incorporation Study provide further discussion t the major issues that would have to be resolved before reorganization of the Leucadia Water District could occu: Encinitas Sanitary District The Advisory Committee and LAFCO staff considered two alternatives for the Encinitas Sanitary District: establ it as a subsidiary district of the new city; and d'issolvi the district and forming a city improvement district (the County proposal). Dissolution of the Sanitary District and the formation of city improvement district would give the new city the gre degree of authority over delivery of sewer service in the Distrizt's current service area. The city council would also be able to utilize the assets of the dissolved distr because the district's assets and liabilities would be transferred to the the new city as successor agency. If the Sanitary District were established as a subsidiary district of the new city, the city council would be desigr as the district board of directors. Even though the city would have decision-making authority over the service, thc Encinitas Sanitary District would remain a special distric and its assets and revenues would be retained separate frc city operations. \ Cardiff Sanitation District Three alternatives were considered for the Cardiff Sanitat District: dissolving it and forming a city improvement district; establishing it as a subsidiary district: and retaining it as a county sanitation district. The Cardiff Sanitation District is a dependent district governed by the Board of Supervisors. All three of the ;=hove alternatives would transfer responsibility for sewer service within the Sanitation District's area from the Boai of Supervisors to the new city council. The County proposz recommends that territory outside the proposed incorporatic area be detached from the District and that the District tk cissolved, The city would be designated as the successor agency to the dissolved District, and would thus be respons for providing sewer service within the Cardiff Sanitation District area. Additionally, as mentioned earlier, the assets.of the District would be transferred to the new city upon diss'olution. */ (rn1236-2815 ' ). 1) )I 1 agency formation c EO0 pcWk hlghwzsy sandi <- I j ,< i .* .- . 0- .I "- r -i chairman January 14, 1982 Dr. Charles W. Hostler Public Member executive officer TO : Local Agency Formation Commission FROFl : Executive Officer counsel SUBJECT : Propose? "San Diegiui to F.eorganization" (ROSI- members William D. Davis Donald L. Clark Ralph W. Chapman Otay Municipal Water District An application for the reorganization of the communitic of Cardiff, Encinitas, Leucadia, T7il.lage Park, an6 OliT County Board of was submitted to your Commission by the Board of Super. Supervisors on May 26, 1981. As submitte?, the proposal includes ' corporation 0f.a City of San Dieguito, establishment 0: County Board of Encinitas Fire Protection District as a subsidiary ?.is. Supervisors of the new city, dissolution of the Cardiff Sanitation trict, dissolution of the Encinitas Sanitary District, Councilman,Cityof d-issolution of the San Dieguito Water District, and de. Lemon Grove ment of incorporated territory from County Service Are: Gloria McClellan (CSA) No. 83 (San Dieguito--Park Mainten City of Vista The boundaries of the proposed city enco Stanley A. MIehr 26 square miles in land area and a population of 38,00( Sari mrcoscounty A previous incorporation effort in San Dieguito failed Water District an election in November 1974. At that time, the area : alternate members cluded in the current proposal had a population of appi Paul W. Fordem Tom Hamilton Dell Lek Councilwoman, Alex L. Adam rnately 22,000. Padre Dam Municipal Water District Your Commission has scheduled a public hearing on Janu: Paul Edtert 14, 1982, to review the proposal, take public testinon! County Board of and consider the recommendations of the Executive Offic and the Technical Advisory Committee. Our staff reviet Mike Gotch has resulted in the following conclusions concerning tl Supervisors Councilmember, proposal: City of San Diego Majorie Hersom 1. The County's incorporation study, updated wit1 more recent data on certain costs and revenue: indicates that the proposed city would have SI ficient financial resources to support a munic ~ government and maintair, services at the level vided by the County. There is considerable uncertainty about the effects the Fiscal Year 83 State budget and the economy in general ma] on local government revenues during the next 1 Eowever, since both cities and counties rely ( many of the same revenue sources, a City of S; Dieguito should be able to provide services a1 least at the same level as could be provided t the County. Alpine Fire Protection District Re: Proposed "San leguito Reorganization" e I? LAFCo '' 'J'a'nuary 14, 1982 Page Two 2. Several exclusions from the County-proposed northern in poration boundary have-been requested by property owner who prefer future annexation to the City of Carlsbad. kr'// described in the staff report, there are reasons to sup both inclusion and exclusion of these properties. Howe on balance, there appears to be insufficient justificat for excluding these areas from the proposed incorporati The existing City of Carlsbad Sphere of Influence conta substantial unincorporated acreage, and there is no nee add additional territory to its sphere at this time. 3. Batiquitos Lagoon, north of the proposed incorporation, within the Carlsbad Sphere of Influence adopted by LAFC 1978. The County requested LAFCO to review this determ tion in light of the potential incorporation of San Die As explained in the staff report, our analysis does not port amending the Carlsbad Sphere to include part or a1 the lagoon area in the incorporation boundaries. Incorporation can provide the opportunity to consolidat the provision of services in a community. The San Dieg area is served by six independent and one County-govern! special districts, three of which serve territory outsic the proposed incorporation boundaries. Reorganization t three districts as part of the incorporatiw and a chant in the governing board of one district by operation of would consolidate the authority and responsibility for 1 services in the incorporation area. Changes in the sta of three districts serving areas outside the incorporat area are not feasible as part of this proposal. If incc poration is successful, the new city and affected distr could evaluate any additional district reorganizations. 4. v 5. The San Dieguito Water District, proposed for dissolutic in the County's application and recommended foz establi! as a subsidiary district by the LAFCO Technical Advisor! Committee, is preparing a bond proposal for consideratic by district voters in April 1982. The District is conct that any change in governing boards might affect the ab: of the District to se%l its bonds. The opinions of sevt bond counsels and brokers vary on the significance of tf factor. If San Diequito is to incorporate, it is sta.ff conclusion that as many services as feasib city responsibilities. It is therefore RECOMMENDED that your Commiss take the followj Certify that the information contained in the Negative laration prepared by the County of San Dieqo has been rc and considered. LAFCO 0 e ', RQ,: Proposed "San Dieguito Reorganization" January 14, 1982 Page Three 2. Approve the proposed "San Dieguito Reorganization, " mod to include the following changes of organization: a. Incorporation of the City of San Dieguito with boun b. Establishment of the San Dieguito Water District an Encinitas Sanitary District as subsidiary districts the new city. c. Dissolution of the Encinitas Fire Protection Distri as shown on Exhibit A. naming the new city successor agency. 3. Determine that the proposed City of San Dieguito shall ceive a base property tax allocation from the County of San Diego of $618,285, plus 100% of the property tax re of County Service Area No. 83 within the incorporation aries, and direct the Executive Officer to notify the A accordingly. (AS successor agency, the new city would matically receive 100% of the property tax revenues of Encinitas Fire Protection District.) Submit for voter approval as part of the ballot questio reorganization an appropriations limit for the new City San Diegait0 of $9,274,000. 5. Adopt the attached terms and conditions (Exhibit B) as : 4. of the proposed "San Dieguito Reorganization." . Executive Officer DeceT3er 22, 1981 WDD : na Attachments: Exhibit A -- Recommended Boundaries, Proposed "San Dieguito Exhibit B -- Proposed Terms and Conditions LAFCO Staff Report Recom'endations of the San Dieguito Incorporation Technical County Incorporation Study Reorganization" Advi s ory Cornmi tt e e eclaration/Initial St-udy I 0 0 ', ' '$ '\ f- M [n - '- - '? 0 e sf4 4 1% EXHIBIT B PROPOSED TEFWS AND CONDITIONS " S AN DIEGU IT0 REORGAN I Z AT ION" 1. The effective date of this "San Diequito Reorganization" sh be July 1, 1982, except as otherwise stated in Paragraphs 2 4, and 5 of these Terms and Conditions (Gov't Code 55 56470 and 56456). Upon and after that date: a. The City Manager, City Clerk, and City Treasurer shall appointed by the City Council (Gov't Code $5 35111.5 an 56470 (9) 1 : be subject to Government Code Sections 35442 and 35443 (Gov't Code SS 36503 and 56470(s)); b. Terms of office for the members of the City Council sha c. Pursuant to Government Code Section 35441, the City Cou of the City of San Dieguito shall, immediately followin its organization and prior to performing any other offi act, adopt an ordinance providing that all County ordin theretofore'applicable shall remain in full force and e as City ordinances for a period of 120 days thereafter, until the San Dieguito City Council has enacted ordinan superseding them, whichever shall first occur (Gov't COI § 56470(q)) i d. Pursuant to Government Code Section 35448, the Board of Supervisors shall continue to furnish, without addition: charge, to the area incorporated all services furnished the area prior to the incorporation. Such services sha: be furnished for the remainder of the fiscal year durin: which the incorporation became effective, or until the 5 Dieguito City Council requests discontinuance of the sei ices, whichever shall first occur (Gov't Code § 56470(q) e. The newly-incorporated portion of County Service Area Nc 83 (San Dieguito--park maintenance) shall be automatica: detached from said CSA, subject only to compliance with requirements of Chapter 8, Division 2, Title 5 of the Gc ernment Code (Gov't Code S25210.90); f. The City of-San Diequito shall be the successor to Count Service Area No. 83 for the purpose of succeeding to all rights, duties, and obligations of County Service Area N 83 within the newly-incorporated area, with respect to e forcement and performance of any outstanding contracts a obligations related to the maintenance of local parks tr ferred to the City of San Dieguito (Gov't Code §§ 56470 and 25210.90); and t/ e e =, I ', '9 g. The portion of the unencumbered funds (including cash o hand and monies due but uncollected) standing to the cr of County Service Area No. 83, proportionate to the ass valuation of the area to be detached to that of the ent area within County Serv,ice Area No. 83, shall be transf to and vested in the City of San Dieguito (Gov't Code § 25210.90); h. The current boundaries of County Service Areas No. 17, 91, 92a, and 92b shail not be changed upon the inclusio their territory within the City of San Dieguito. Pursu to Government Code Section 54790(h), the Commission wai. the application of Government Code Section 25210.90 and that the application of this section would deprive the dents of the City of San Dieguito of a service needed t ensure their health, safety, and welfare, and that this waiver will not affect the ability of the City of San D to provide any service. The San Dieguito City Council. however, within 60 days of the inclusion of these count service areas within the City, adopt a resolution nulli this waiver; i. The San Dieguito incorporation area shall be automatica detached from County Service Area No. 9, Zone D (Villag Park), subject only to compliance with the requirements Chapter 8, Division 2, Title 5 of the Government Code (Gov't Code S 25210.90). 2. The effective date of the establishment of the San Dieguito District as a subsidiary district of the City of San Diegui shall be November 1, 1982. Upon and after this date: a. The offices of the Board of Directors of the San Diegui Water District shall be terminated, and the San Dieguit City Council shall be designated as, and empowered to a as, ex officio the Board of Directors of the District. Dieguito Water District shall continue in existence wit all the powers, duties, rights, obligations, and functi provided for by the principal act, except for any provi relating to the selection or removal of the members of Board of Directors of the District (Gov't Code SS 56470 and 56539); b, The establishment of the San Dieguito Water District as subsidiary district of the City of San Dieguito shall n affect or impair the status of any duly-appointed emplo of the District. All benefits and rights of the San Di Water District employees--including employment contract seniority rights, and retirement rights--shall be conti at an overall level not less than currently enjoyed, an such other benefits as si-ck leave, vacation leave, and tirement benefits shall be honored by the San Dieguito Water District as a subsidiary district of the City of Dieguito (Gov't Code S 564701(1)); e e cd )i 1 I Ob c. The establishment of the San Dieguito Water District as subsidiary district of the City of San Dieguito shall n impair the right, duties, and obligations of the subsid dtstrict to issue and sell any revenue bonds of the San Dieguito Water District-authorized but unissued at the the San Dieguito Water District is established as a sub ary district of the City of San Dieguito (Gov't Code 5 56470 (9) 1. 3. The effective date of the dissolution of the Encinitas Fire tection District shall be November 1, 1982. Upon and after date: a. The offices of the Board of Directors of the Encinitas Protection District shall be terminated (Gov't Code S 56470 (k) ) ; b. The City of San Dieguito shall be the successor to the Encinitas Fire Protection District for the purpose of s ceeding to all rights, duties, and obligations of the extinguished district with respect to any implied or ex pressed contracts and obligations of the Encinitas Fire Protection District (Gov't Code § 56470(m)); c. All property, whether real or personal, including all m or funds (including cash on hand and mdnies due but unc lected) of the Encinitas Fire Protection District shall transferred to and vested in the City of Szn Dieguito. equities, reserves, and fund balances (operating, debt s vice, and construction) generated through past operatio of the Encinitas Fire Protection District shall be tran red to the City of San Diequito to be maintained or dis for fire protection purposes for which they were establ (Gov't Code SS 56470(h) and (i)); d. The current employees of the Encinitas Fire Protection trict shall be transferred to and become employees of t City of San Dieguito and shall enjoy all of the rights privileges of other employees (Gov't Code 5 56470(1)); e, The benefits and rights of the Encinitas Fire Protectio District employees--including salary, seniority rights retirement rights, sick leave, vacation, and life, disa bility, and health insurance--shall be continued at an overall level not less than currently enjoyed (Gov't Co 5 56470(1)). 4. The effective date of the establishment of the Encinitas Sa District as a subsidiary district of the City of San Diegui shall be November 1, 1982. Upon and after this date: a e $6 c *I"., a. The offices of the Board of Directors of the Encinitas Sanitary District shall be terminated, and the San Diegi City Council shall be designated as, and empowered to ac as, ex officio the Board of Directors of the District. Encinitas Sanitary District shall continue in existence all the powers, duties, rights, obligations, and functic provided for by the principal act, except for any provi! relating to the selection or removal of members of the 1 of Directors of the District (Gov't Code §§ 56470(k) an( 56539) ; .. b. The establishment of the Encinitas Sanitary District as subsidiary district of the City of San Dieguito shall nc affect or impair the status of any duly-appointed emplo; of the District. All benefits and rights of the Encini. Sanitary District employees--including employment contri seniority rights, and retirement rights--shall be contii at an overall level not less than currently enjoyed, an( such other benefits as sick leave, vacation leave, and : tirement benefits shall be honored by the Encinitas San District as a subsidiary district of the City of San Die (Gov't Code 5 56470U). 5. On June 30, 1983, title and responsibility for all real pro! of the County of San Diego acquired/developed for park purpc with the exception of San Elijo Lagoon, Quail Botanical Garc and the Encinitas Landfill site--shall be transferred to anc vested in the City of San Dieguito (Gov't Code 5 56470!h)).