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HomeMy WebLinkAbout1980-01-16; Municipal Water District; Resolution 395RESOLUTION NO. 395 .- RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT IN OPPOSITION TO APPLICATION OF CITY OF CARLSBAD TO CREATE A SUBSIDIARY DISTRICT OF COSTA REAL MUNICIPAL WATER DISTRICT WHEREAS, CITY OF CARLSBAD has instituted the proceedings to file an application with the LOCAL AGENCY FORMATION COMMISSION to create a subsidiary District of COSTA REAL MUNICIPAL WATER DISTRICT; and WHEREAS, the application of CITY OF CARLSBAD basically uses as its justification for the application to the LOCAL AGENCY FOR- MATION COMMISSION a report authorized by the City Council of the CITY OF CARLSBAD, prepared by Ralph Andersen and Associates, dated September, 1979, and entitled "WATER SERVICE IN THE CARLSBAD AREA", hereinafter for convenience referred to as the "ANDERSEN REPORT"; I and WHEREAS, the COSTA REAL MUNICIPAL WATER DISTRICT has re- viewed the ANDERSEN REPORT and the application of the CITY OF CARLSEAD for the formation of a Subsidiary District of COSTA REAL MUNICIPAL WATER DISTRICT and finds that the ANDERSEN REPORT and the application of CITY OF CARLSBAD to the LOCAL AGENCY FORMATION COMMISSION are insufficient on the following points: a. b. C. The CITY OF CARLSBAD has failed to demonstrate a need for the proposed action. The CITY OF CARLSBAD has failed to demonstrate any significant savings to the water consumer and resident of the CITY OF CARLSBAD as a result of the proposed action. The CITY OF CARLSBAD has failed to demonstrate that there will be a more efficiently operated -1- I"- - water system as a result of the proposed con- solidated water service operation. d. The CITY OF CARLSBAD has failed to demonstrate that there is any economy as a result of the proposed consolidated water service operation. e. The CITY OF CARLSBAD has failed to demonstrate that political accountability would be improved by the proposed action. f. The CITY OF CARLSBAD has failed to demonstrate that the proposed action would improve integra- tion of land use planning and control with the planning and development of water service systems. g. The CITY OF CARLSBAD has failed to demonstrate that the proposed action would afford the CITY OF CARLSBAD better control of premature development of undeveloped land or premature conversion of economically productive agricultural land by the extension of water service prior to need. h. The CITY OF CARLSBAD has failed to address the situation of other water agencies now located within the city limits of the CITY OF CARLSBAD which are not incorporated in the proposed action. i. The CITY OF CARLSBAD has failed to consider any alternatives to its proposed action. j. The CITY OF CARLSBAD has failed to demonstrate that it has attempted to accomplish the purposes for the proposed action with any inter-agency agreements with existing agencies. NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNI- CIPAL WATER DISTRICT DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: -2- 1. The application of CITY OF CARLSBAD to LOCAL AGENCY FORMATION COMMISSION to create a Subsidiary District of COSTA REAL MUNICIPAL WATER DISTRICT does not comply with the terms and conditions of Section 56403 of the Government Code of the State of California. 2. The said application does not adequately apply all of the relevant factors to be considered, as set forth in Section 54796, Government Code of the State of California. 3. That the said application of CITY OF CARLSBAD presents no alternatives. 4. That the said application of CITY OF CARLSBAD is of no benefit to the water consumers and residents of the CITY OF CARLS- BAD. 5. That the proposed action will deprive many of the water consumers, taxpayers and voters of COSTA REAL MUNICIPAL WATER DISTRICT of the right to vote on water related matters. _L 6. That the cost of said application and proceedings con- nected therewith is an unwarranted expenditure of taxpayers' funds. 7. That the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT objects to the application of CITY OF CARLSBAD to create a Subsidiary District of COSTA REAL MUNICIPAL WATER DIS- TRICT. PASSED, APPROVED AND ADOPTED this 16th day of January, 1980. .-------y; ks, DONALD A. MacLEOD President of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT -3- ATTEST : Secret ry of Xfh& Board of Directors of COS 4 A REAL MUNICIPAL WATER DISTRICT STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. - I, MARGARET J. BONAS, Secretary of the COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meeting of the said Board held on the 16th day of January, 1980, and that it was adopted by the following vote: AYES : Directors: BONAS, ENGELMANN, MacLEOD and MAERKLE NOES : Directors: None ABSTAIN : Directors: KELLY ABSENT : Directors: None SecreGry of the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT -4-