HomeMy WebLinkAboutRAGT-20-259JI I
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vu;cENT F. B I0l'l""D0, JR.
City Attorney
1200 Elm Avenue
Ca::-lsbad, California 92008
Telephone: (619) 438-5601
Attorneys for Defendants and ,
BEST, BEST & KRIEGER
4200 Orange Street, P. 0. Box 1028
Riverside, California 92502
Telephone: (714) 686-1450
Special Coun_sel
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· FILED
EUSlNESS DIVISION
NORTH COUNTY BRANCH
JUN 2 8 l~Oj
ROBERT D. ZUMWALT
CLERK, SAN DIEGO CO.
VISTA, CALIFORNI~
SUPERIOR COURT OF THE STATE QF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH
COSTA REAL MUNICIPAL WATER )
DISTRICT, a Municipal Water )
District, )
)
Plaintiff, )
)
vs. )
)
CITY OF CARLSBAD, a general law )
city; MARY H. CASLER, Vice Mayor; )
GIRARD W. ANEAR, Councilperson; )
ANN J. KULCHIN, Councilperson; )
CLAUDE A. LEWIS, Counciloerson; )
FRANKLIN ALESHIRE, .City Manager; )
RONALD A. BECKMAN, Assistant )
City_ Manager for Developmental )
Services; ROGER W. GREER, )
Director of Utilities; and )
DOES I through XXV, )
)
Defendants. ) _________________ ).
NO. N 20027
JUDGMEl\"TT
Pursuant to the Stipulation of the parties on file
herein, and good cause appear.ing·therefor, IT IS HEREBY
ORDERED, JUDGED AND DECREED AS FOLLOWS:
' , 1. The Court has jurisdiction of the subject matter
of this action and of the parties herein.
2. ·The plaintiff Costa Real Municipal Water District
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and the defendar-.:. City of Carlsbad have tr1c legal autho:::-ity to
enter into the Water Service Agreement, dated May 25, 1983, a
copy of which is attached hereto as Exhibit A and incorporated
herein by reference. Such Water Service Agreement has been
duly approved and executed by the parties thereto.
3. Judgment in ~his action is hereby entered in
accordance with such Water Service Agreement. The Agreement is
approved, is found to be valid and binding upon the parties, and
establishes responsibility for specific aspects of water service
in ways that reflect the special interests and capabilities of
the parties, and will best serve the public interest.
4. The plaintiff Costa Real Municipal Water District
13 and the defendant City of Carlsbad are hereby ordered to perform._
14 their respective obligations under the Water Service Agreement;
15 provided, however, that until the City Manager and the District
16 General Manager, or the Joint Committee established under the
17 Agreement, shall determine otherwise, water service shall
18 continue to be provided in accordance with the Stipul~tion
19 previously filed herein on August 19, 1982 and approved-by this
20 Court.
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5. The Court does hereby reserve continuing juris-
diction of the subject matter of the action and the parties to
this Judgment, and upon application of either party, or upon its
own motion, may settle disputes that may arise out of the
\ interpretation of the Agreement or the performance of the
parties thereunder; approve and incorporate any agreement
amendments into this Judgment; terminate the Agreement upon
a showing of good cause in the public interest; and upon any
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such decision to terminate,:_: the Agreement, issue such orders
and establish such conditions as may be necessary to provide
for the future water service of the area included within the I
Agreement, and determine the respective roles, if any, of
each of the parties, and provide for an orderly transition
from the conditions established under such Agreement. Neither
of the parties will commence or undertake·any proceedings to
es.tablish the Costa Real Municipal Water District as a
subsidiary district of the City of Carlsbad without the prior
approval of this Court.
6. The individual defendants in this action (not
including the defendant City of Carlsbad) are hereby· dismissed.
7. No. party shall recover·· costs as against any other .
party.
DATED: JUN. 2 9 1983 ·
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WATER SERVICE AGREEMENT
1. Introduction. This Agreement is the outgrowth
of negotiations between the City of Carlsbad and. the Costa
Real Municipal Water District wh.ich }?egan in the summer of
1982. These negotiations have been part of an effort to set-
tle the legal action entitled Costa Real Municipal. Water •Dis-
trict v. Citv of Carlsbad, et al., Sati Diego Superior Court,
No. N 20027, and the complex issues which underlie that case.
The basic dispute between the City and the District concerns
the way in which water service should be provided to that ter-
ritory which lfes within their O\!erlapping boundaries. A
basic understanding has now been reached on a functional allo-
cation of responsibilities between the City and the District
for the provision 6f such water service. It is the purp~se of
this Agreement to set forth that understanding, but with the
realization that certain details will need to be worked out by
the Joint Committee. The Agreement can be implemented in
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phases as the Joint Committee determines.
· The functional division of responsibilities between
the City and District is not tied to the ownership of facili-
fies, or the territory in which the parties have previously
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EXHIBIT A
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rendered service. Rather, it r_epresents a cooperative arrange-
merit between the parties aimed at avoiding duplication of ser-
vice; pooling their resources and· reducing overall costs; di-
viding responsibilities for -specific aspects of water service
in ways that reflect the special interests ~nd capabilities -0f
the parties and will best serve the public interest; settling
the existing litigation~ avoiding future disputes; and provid-
ing ,a basis for a continuing closer working relationship be.:..
tween the City and District.
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2. Area Included. The pr~visions of this Agreement
shall z:pply to all territory and customers now located within . the boundaries of the Costa Real Mu~icipal Wate"r District. The
Distri.ct boundaries enco~pass most of the ~i ty; · and • s~bsta~-
tially all of the Diitrict lies within the City's designated
sphere of Influence. A portion of the City extends outside of
the District boundaries, and that territory is not included
within the terms of this Agreement.
~ 3. Water Syst~m Included. Within the included
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area, this Agreement shall apply to the complete water syste~s
of each of the parties, without_ regard to which party may,own
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the facilities, and also to water facilities which either party
may hereafter construct or acquire. The present wells and
water rights of the City, though located outside of the bound-
aries of the C~ty, are also included, as well as certain other
parcels of real property and-funds ~f the City, to the exient
specified in this Agreement. The cooperativ~ use or transfer
of personnel, certain items of equipment, supplies, vehicles,
and other _pe.rsonal property will be determined by the City
Manager and District Geneial Manager.
4. Customer Service. The City will provide the
retail water service to all customers in the area, including
t~ose now receiving agricultur~l service from the District,
and inciucing subdivisions and individual services. The City's
functions shall include:
. (a) --Processing all applications for water·ser-.
vice, reading·rneters, billing, collecting accounts, and turning
water service on and off •.
(b) Installation-of all retail meters.
(c) Handling all routine service calls, includ-
ing complaints about pressure leaks, and water taste, color and
odor. Any matters within the District's responsibi1ities ~ill
be referred by th·e City to the District.
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5. Retail Water Rates and Charaes. The City will
establish and collect all retail water rates, deposit~ and
charges, provided that all such funds shall be used solely for
the water system, and not for any other City functions. Such
rates and charges shall be unlfqrm for•like_clas~es of serv-
ices. throughout all territory within the District. Proceeds
collected by the City shall remain its· property, exc·ept for
any charges 6ollected on behalf of the District. The· District
shall transfer to the City all rebates for interruptible ser-
vice received from the San Diego County Water Authority.
6. Wholesale Water Suoolv and ~ates. The District
shall be responsible for providing the necessary whole&ale
water supply to the City to enable it to carry out its func-
tions under this Agreement~ and shall sell such water to the
--City ~t a sing.)..e wholesale rate to be established by the Dis-
. trict.
. 7. Operation and Maintenance. The District shall
operate and maintain the water system for the area, including
all facilities from the San Diego Cqunty Water Authority Aque-
duct to the customer's meter. This r~sponsibility shall in-
·cluoe the present City reservoirs and pipelines, and also all
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~ells and pumping equipment owned by the City. Repair and
maintenance of all customer meters shall be the responsibility
of the City.
B. Subdivision Develoornent.
(a) The District, with input from the City, will
adopt a master plan of facilities, plans and -specifications,
and regulations for the installation, construction and opera-
tion of potable water facilities.
(b) The City will procgss applications for water
service to subdivisions and will be responsible for the design,
:onstruction and inspection of all water distribution facili-
ties, subJect to the following procedur.e:
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(1) When a tentative map is filed with the
City, a copy shall be forwarded to the District ·for
review to determi_ne if there will be any transmission
facilities n~cessary as a result of the subdivision.
(2) The District shall advise the City in
writing as to whether ~ny transmission facilities
will be necessary as a result of the subdivision in-
dicated by the tentative map.
·(3) If the District advises the City th~t
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the subdivision will not regu-ire any trinsmission
facilities, the ~ity will thereafter be responsible
fo~ the design, construction and inspection of the
w~ter facilities within such subdivision in accord-
ance with the applicabl~ standard plans and speci-
fications.
( 4) If the District advises the City that
the subidivison will require transmission facilities,
the District shall review and approve all plans for
such work, and shall participate in the inspection
th~reof; At the outset of such a project, the Dis-
tric~ Engin~er may request a conference with the
Cit, Engineer and the developer foi the purpose of
determining how ~he·contributed transmission facili-
ties will be designed, constructed, inspected, and
financed wit~ respect to oversizing_ an~ ani reirn-
·bursement to the developer. Any disagreement over
what constitutes transmission facilities, or with
respect to any other.matter in this subsection, shall
be referred to the City Manager and District General
Manager for settlement~
• (c) .In all cases the City shall furnish to the
District a copy of th~ uas builtu plans, including inspectiori
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notes, of water facilities within the subdivision~
(d) The City shall establish, collect and retain
._any fees or.deposit~ connected with ·the subdivision or individ-
ual water service, subject to the following:
(1·) The City shall reimburse the District
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for any pf its costs or expenses incurred in connec-
tion with the transmission facilities connected with
the subdivision.
(2) The Di~trict shall est~blish any con-
nection fees or major facilities charges for the con-
struction of major capital water facilities.· Any
such fees imposed on develcpers or others for subdi-
·vision water service shall be collected by the City
on behalf of the District, and transferred to the
District to be deposited in the capital development
fund of the District.
(e) Title to new in-tract subdivision facilities
~hall be ~edicated to the City. Rights of way therefor shall
be dedicated jointly to the parties. Title to any new transmis-
sion ~acilities required in connection with any subdivision de-
velopment, and the necessary rights of way or easements th~re-
for, shall be dedicated to the Distiict. In the event ofter-
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mination of this Agreement, title to all in-tract facilities
acquired after the date of this Agreement shall be transferred
to the party who becomes responsible for the operation and
maintenance of such facilities.
9. Major Capital lmorovements. The District will
be responsible for the planrii~g, fina~cing and construction of
all major capital facilities necessary to provide potable water
service within the District. Such responsibility shall include
not only facilities necessary for the storage and distribution
of imported waterr but also the development ot' any local sup-
plies which may be needed and feasible-ii the future, including
the desa~ting _of brackish water. A capital development fund
shall' be establishe·d, to be administered by the Distr1ct with
input from the City, and to be used for such capital facilities •
. . Both the City and District shall contribute t9 such fund. The
City wtll contribute the proceeds fr6m.the sale or lease of
·Lake Calavera, together with any undesignated reserves in the
City's water utility fund. Connection fees or major facilities
charges collected by the City on behalf of the District shall
also be deposited in such fund. Th~ District will coordinate
the capital improvement program with the City~
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10. Reclaimed Water.
(a) The City will be responsible for all phases
of the reclaimed water system .in the area and for the supply
and distribution of reclaimed water. The· City, with tnput from
the District, will.adopt a master plan of facilities, plans and
specifications, and regulations for the inst~llation, construc-
tion and operation of reclaimed water.facilities •
. ( b) In all cases the City shall furnish to the
District a copy· of the "as built" plans of reclaimed water fa-
cilities, such plans to be used solely for information and co-
ordination purposes in the operation of the potable water sys-
tem by the District •
~ ·· 11. _.Existinq Debt. The City will pay off the re-
maining balance of its water revenue bonds. This shall be ac-
complished .before any transfer of the C-i ty' s water utility·
funds to the capital impr.ovement fund •. The District will pay
principal and interest on its remaining and outstanding im-
provement district bonds from real prbperty taxes levied for
that purpose.
12. Joint Committee. The parties will form a Joint
Committee, composed of parallel and equal membership from the
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City and District. The purposes of the Committee shall be to
implement this basic Agreement, to attempt to ,resolve any dis-
putes which may arise over it, a~a to undertake such 6ther-ac-
tivities as may promote the ,ound management of water service
for the area.
13. Imolementation. This Agreemerit shall be incor-
porated into a.Stipulated Judgment in the existing law suit.
Such litigation shall be settled on that basis, and the parties
shall be ordered to perform their respective obligat1ons. The
Judgment, subject to Court approval, sh~ll provide for th~ con-
tinuing jurisdiction of the Court. Such jurisdiction shall be
invoked -by approprfate motion and ·shall include the power: to
settle di~putes that. may atise out of the interpretation of
t~e-Agreement or t~e performance of the parties hereunder: to
·approve and incorporate any Agreemen~ amendments into_the Judg-
ment; to terminate the Agreement upon a showing of good cause
in the public interest; and upon any such decision to terminate
.the Agreement, to issue such orders and to establish such con-
ditions as may be necessary to provide for the -future water
service of the area, and to determine rthe respective roles, if
ariy, of each of the parties, and to .provide for an orderly·
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transition from the conditions established under this Agree-
ment. Until the Joint Committee shall determine otherwise,
water service shall be provided in accordance 'with the Stipu-
lation that has. a1ready been filed in the existing law suit.
None of the negotiations that have occurred between the parties,
nor the period of time involved in such negotiations, nor the
terms of this Agreement shall be used ·as an admission or claim
of laches or estoppel, or otherwise in any way used in any . .
litigation to the prejudice of°,either party. The parties will
n9t commence or undertake any proceedings to establish the Dis-
trict as a subsidiary District of City without prior approval
of the Court.
14. Indemnity. The parties shall each indemnify and
hold tpe other harmless from any costs or liability ar1sing out
of failure to perform its responsibilities under ·this Agreement,
or the negligent or tortious conduct·i~ the performance of ·its
responsibilities thereunder.
This Ag~eement is dated and effective on the oPSo/1',_J
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day of
ATTEST:
ATTEST:
/iJ1 j/ , 1983. --'--'-7-,<-=-------
CITY OF CARLSBAD
COSTA REAL MUNICIPAL WATER DISTRICT
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RES'OLUTION NO. 7228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA
REAL MUNICIPAL WATER DISTRICT FOR THE ALLOCATION
OF RESPONSIBILITIES FOR THE PROVISION OF WATER
SERVICE.
WHEREAS, the City of Carlsbad and Costa Real Municipal
Water District have reached an agreement regarding the
allocation of responsibilities for the provision of water
serivce in the City of Carlsbad
NOW, THEREFORE, BE ·rT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That certain agreement between the City of Carlsbad
and Costa Real Municipal Water District for the allocation of
responsibilities for the provision of water service marked
Ex~ibit_A and made a part hereof, is hereby approved.
2; That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute saio agr.eement for and on
behalf of the City of Carlsbad.
;adjourned . PASSED, APPROVED AND ADOPTED at a/regular meeting of the
City Council of the City of Carlsbad,California, held on the 25th
---day of __ M_a~y~----' 1983 by the following vote, to wit:
A'i'TEST:
AYES: Council Members Casler, Lewis, Kulchin, Chi.ck and Prescott
NOES:
ABSENT:
None
None
MARY H. ~SLER, Mayor_
~~~Y~~
ALB'J;HJ.. L. RA_\J.TENKH,ANZ, C ~}J Clerk
KAB:EN R. KUNDTZ, .Deputy 'eity Clerk
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO) ss.
''.
. .Demrt:v
I. KAREN R •. KONDI'Z/ Citf Clt>rk nf tht• City nf Carlshacl •. Crnmty nf San Di,•gn. State· nf California.
lll'n·hy <·<·rtify that I lia\'1' c'l1111p,m·d the fqrt'goi11g l'<>J>Y with th(• origi11al -Resolution -#7228 pass1·,l and
.1doph•d hy s,1icl City C111111dl. at .. an .. adjolll:Iled ....... lllt'<'ting tlwrc"<>f. at till' ti11w a11CI hy tlw vnh• tlwrc·i11
stal<'tl. wl1id1 nrigi11al . Resolution ............. is 110w 011 fil<· i11 111y offit·t': th.ti tlw sa1111· t'<mh1i11s it full. tr111·
;111cl 1-r1rn·c·t trn11M·ript tlll'ri.fror11 a11cl i,f till' wholt· tl1<·rt'of.
\\"illu··ss 111y lia11d aml tlll' .iw,il of saicl_ City of Carlsbad. tliis ... 27thluy of ........ May.,, .. .19.83 .................. _. ..... .
I I , --,~-c~ ;L:«~F"'": ••• • •• oci•••••••• .. A 141 ___ _, 1 IJ.I.L1i ta1r~ .. . . ---·' .. -.-MTQ 1/25(69 UTA&LJSH~M o, COSTA REAL MUNJC?PAL nrpy. _ux WATU CUTF!Jn AS A SUBSIDIARY 01HR1CT ~-• or o, TME Cltl R!COMMINOE0 AOTION: -.31 1~1J• 2 Dll'T,~' CITYA CITY MQ . Adopt R110lutton No. ___ con11nt1ng to th• 11t1bi11hmont of the to1t1 Rea1 Hun1c1pal w,tor Dfstrict as I sub~ld11ry district oF th, Ctty of Carlsbad, and direct th, c1ty Attorney ta take approprfate act1on to d111olv1 tht sttpu1atad judgement ! JTEM u,LAHATJOH: 1 At ih Aprn 11 19H 11111tin;, th, c1ty caunen 1-,p,-ov1d • cune,J'.tua1 19t'11m~nt for t~, est&bl Uhinent of Costa R11\ Mun1c1pai Wat,,. D11:trict u • 1ubstd11r1 d11t,tct of tht Ctt,. Th• conceptual 19r11•1nt wh1c~ w11 developed by H~ar Lewts and Icard Pr111d1nt Woodw1r~. p~ovfdel for the 11t1blf1hmtnt of Co1t1 R111 as a 1ub1td11ry d1str1ct of the City ar af Janu1r1 l, 1900. u th, Co11nc11 approv11 th• 1thc:htd ruo111tion\l ind th• Boatd of D1r1,tors of Coste Rta1 Muntc1Dtl Water Dhtrtct cppr11v111 &1mi1ar r1101ut1on. th, r1,olu\1ona w111 be forwarded to the Local Ao~ncy FoM111t1on Com111s11on for I det1na1n&t~on. · Upon •~~r0v11 by LAFCOl the San Dt1go Ccunt1 801rd of Supervisors wouid t1k1 action or~er1no·th1 HtabHsh1111nt of cast, R11l u 1 1ubs1d1&ry district. 1: Th1 atuch~a ruoiut1on rafer•n~11 tht conc1Ptu11 1gr11m11nt II an \1outline for any canditfon, that LAFCO feels nttd to bt 1ncorporattd ,n tt• · d1t1rm1n&t1on, In add1t1on to adcpt1ng the &tt&chtd rtsoiut1on, C0unc11 shou1d also instruct th• City Attorna.v to t1k1 action to d11solv1 the st1puhttd Ju6ument that h1corpcir1u1 the Hay 25. 1983 1grum1nt betwun th1 Cit1 ancl Cotti Real u,d IPPl"DYtd b1 th, Court that govel'ns currant re11t1onsh1DS batw1en the City •nd th• D1atrict. Th, agr11mt"t 1tself vou1d not bt chan;t~. In addition to t&kinQ thl 1bov1 two dascr1btd &tt1ons. the Costa R11i Mun,c1Pll Water Dhtr1ct Board of' 01rtctor1 wi11 hk1 act~on tD withdraw its 1it1rnat1v, tro~o211 that w15 111t:m11ttR~ to LAFCO 1n r11pons1 to th• c1ttz1n1' p1tition f11td ta ~,organize the D1str1tt as a 1ub&1diary dbtri~t of \ht City. Aa I r,1ult of th11 act1on, ther■ wi11 bl no n11d for 1n ,1,cttDn on the 11,ut ,11uitin9 in 1v~idin9 e1ectton IKP•~••• 11 we111111v1ng approx1mat!l1 s,,ooo 1n 1pp11cat1an fits r1qu11"1d whtn the d1str1ct submltt1d an <ernat1Yt propa111. If both 19enc1e1 approvt r1101ution1 af constnt, and LAFCO and th• Board of $up1rv,5ors approve, th• D11tr1ct w111 b1com1 • sub11dt1~y d11tr1ct ol th• Cft, on J•nu•~Y 1, 1990. The Ctt1 Coun~11 will becom, th• 1egit1athe body of the D11trtci. At that ttm■• th, Citf council 11tt1n9 11 tht Board of Dtr1ctors, would thin t1k1 1ct1on c~tat1n9 1 Watar Col!fflt1ston and appoint1ft9 th, cur~ent membtrr Df th• 8011"d 11 Water tomt11ton•rs. Jn th• interim ptrfod bttw,1n now lftd January 1. th• C1ty and D1str1ct 1t1ff1 wti1 wort c10111y together ta btgfn i111pl1m1nttng t~e CDnc1ptu111;r11mant. P.02
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Page 2 of Agenda Bi1i No. __ _
FISCAL JMPlCT:
Thtrt will bt an 1ns1gn1f1cant direct fiaca1 1mpact on th, City of Carlsbad s1nc1 Costa Reai Mun1c,p1l WAttr Oistr1ct w111 remain 1s 1
1p1c111 41str1ct end l 11p1rate le;a1 entity.
EXHlllTS:
1, Resolution Na. __ _
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