2001-753387
. . 8
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION JOHAN KLEHS
F.ot ".!rid, Haywao'd
TAX AREA SERVICES SECTION DEAN ANDAL
450 N Street, MIC: 59 Second "-, Stoddon
p. O. Box 942879
Sacramento, CA 94279-0059 ClAUDE PARRISH
TI"Ord"_,T"",",*
Telephone: (916) 322-7185 JOHN CHIANG
FAX: (916) 327-4251 F"""'Di_LoaAngojoa
KATliLEENCONNElL
C.....II", Saaomonto
-
Mr, Michael D. Ot!, Executive Officer JAMES E- SPEED
Exøcut.. 01-
San Diego County LAFCo
County Administration Center
1600 Pacific Highway, Room 452
San Diego, CA 92101
This is to acknowledge receipt of the statements(s) required by Section 54900, et seq., of
the Govenment Code for the action described below, Copies of your documents will be
forwarded by us to other agencies. You are required by Section 54902 of the
Government Code to file a complete set of documents, except for the processing fee, '
with the County Assessor and Auditor affected by this action.
Tax rate area boundaries and property tax allocations will become effective for the
assessment roll indicated below.
Assessment Roll: 2003/04 i:-::, r < ~. 03-005
County: 37 San Diego e" , C::' ree 01/23/2002
['.::, .' :::' ' C', ,'; C'""- ,-- 01124/2002
U,:-;.::.' 4
District: CARDIFF SANIT. (CITY OF ENCINITAS)
Conducting Authority: LAFCO
Short TiUe: DISSOLUTION
Type of Action: 08 Dissolution of District
Resolution/Ord. No.: SAIDTOO-14
LAFCo No.: SAIDTOO-14
Effective Date: 10/18/2001
Fee: $0
Acreage: 0.00 ~~J~
David J. Martin, Supervisor
Tax Area Services Section
00: County Assessor. County Auditor
- . .
[lA[F ceo 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission Webslte: www.sdlafco.com
Chairman
Ronald W. Wootton January 16, 2002
VIsta Are Protaction DIstrict
Vice Chairman
DIanne Jacob TO: Assessor
CounIy Board of Assessment Mapping Division (A4)
SupelVisors
FROM: Local Agency Formation Commission (A216)
Members,
BIR Horn SUBJECT: .Cardiff Sanitation District Dissolution" (City of Encinitas)
CounIy Board of (SAOO-14; DTOO-14)
SUpelVisors
Pally DavIs
CouncIImember, Pursuant to California Government Code § 57203-4, transmitted herewith
CIty of Chula VIsta
Jill D. Greer is a copy of the Executive Officer's Certificate of Completion for the
CouncIIrMmber, above-cited change of organizationlreorganization. with a copy of the final
CIty of ~ Grove resolution, certificate of terms and conditions, legal description, and map,
Byron Wear The effective date is October 18, 2001, The recorded document number is
Councllmember, 2001-0753387,
CIty of San Diego
Andrew L. Vanderlaan Please acknowledge receipt of this filing by notation on and return of a
Public Member
~~'
Bud PocIdIngton
South Bay Irrigation DIstrict
Alternate Members CH EL D, 0 R£CEll:l ACKNOWLEDGED/-ZZ--()2..
Greg Cox Executive Officer ~., --- .-"-.- :;:.~
County Board of
SUpelVisors MDO:jb
Julianne Nygaard
CouncIImember, Department of Public Works
CIty of Carlsbad cc:
Ralph Inzunza clo Eileen Lindquist (0334) (w/all attachments)
Councllmember,
CIty of San DIego Auditor & Controller
AndrewJ. Menshek clo Lane Hicks (AS) (wI all attachments)
Padre Dam
Municipal Water DIstrict SANDAG
HalT}' Malhls clo John Hofmackel (City 980) (w/map)
Public Member
executive OffIcer
Michaet D. 011
Counsel
William D. Smith
. . 0O35Z3
The City shall not terminate sewer service without the consent of the current property
owners (Government Code §56886[r]).
17. Parcel numbers 262-190-08, and 262-190-09 shall be provided sewer services in the
future by the City of Encinitas. The extension of sewer service shall be at the request
of the property owner and under the same terms and conditions as the extension of
sewer services to territory within the City. Contractual agreements for the future
provision of sewer services to these properties shall be executed at the time of
application for Wastewater Discharge Permit. This provision does not preclude
property owners outside the City from requesting and receiving sewer service from
another public agency (Government Code §56886[r]).
Exhibit B
Page 3 of 3
. . 003522
9. Revenues from fees, taxes, assessments, or charges collected within the former
territory of the Cardiff Sanitation District and existing at the time of the dissolution
shall be utilized for sewer related activities within the former sanitation district territory
(Government Code §56886[i ).
10. All property, whether real or personal, including monies (including cash on hand and
accounts payable) of the Cardiff Sanitation District shall be transferred to and vested
in the City of Encinitas (Government Code §56886[h] and [i ).
11. Property owners in the territory of the Cardiff Sanitation District will retain liability for
any existing long term debt, principal and interest, and other amounts that shall
become due on account of all or any part of any outstanding or currently unissued
bonds, including revenue bonds, or other contracts or obligations, in the same
manner as provided in the original authorization of the bonds and in the amount
necessary to provide that payment (Government Code §56886[t ).
12. Any taxes, assessments, fees, or charges shall be levied and collected in the same
manner provided by the sanitation district principal act or other applicable statutes.
As successor, the City of Encinitas assumes responsibility for the continuation of any
previously authorized tax, assessment, fee or charge of the Cardiff Sanitation District
(Government Code §56886[t]).
13. Cardiff Sanitation District territory outside the City of Encinitas and currently receiving
sewer service from the District shall be provided sewer service following the
dissolution by the City of Encinitas under the same terms and conditions as provided
to residents within the City of Encinitas (Government Code §56886[r]).
14. Cardiff Sanitation District territory outside the City of Encinitas and not receiving
sewer service from the District at the time of the dissolution shall be provided sewer
service in the future by the City of Encinitas. The extension of sewer service shall be
at the request of the property owner and under the same terms and conditions as the
extension of sewer services to territory within the City. This provision does not
preclude property owners outside the City from requesting and receiving sewer
service from another public agency (Government Code §56886[r]).
15. With the exception of parcel numbers 259-191-07, 262-190-08, 262-190-09, and 262-
190-22, contractual agreements for the continued or future provision of sewer
services to properties outside the City of Encinitas shall be executed prior to the
dissolution of the Cardiff Sanitation District. Said agreements shall be satisfactory to
the City of Encinitas and affected property owners (Government Code §56886[r]).
16. The City of Encinitas shall continue to provide sewer services to Parcel Numbers
259-191-07, 262-190-02, and 262-190-22 under the same terms and conditions as
the extension of sewer services to territory within the City. Sewer service may be
terminated by the property owner upon disconnection from the City's sewer system.
Exhibit B
Page 2 of 3
. .
003521
Proposed Terms and Conditions
"Cardiff Sanitation District Dissolution"
(DTOO-14; SAOO-14)
1. The effective date of the Cardiff Sanitation District Reorganization shall be the date of
recordation of the Certificate of Completion (Government Code §56886[p]).
2. As of the effective date of the dissolution, the Cardiff Sanitation District shall be
dissolved, terminated, disincorporated, and extinguished and all its corporate powers
shall cease (Government Code §56886[v]),
3. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to all of the rights, duties, and obligations of
the Cardiff Sanitation District with respect to the enforcement, performance, or
payment of any contracts and obligations of the Cardiff Sanitation District
(Government Code §56886[m]).
4. Capacity rights and/or ownership in any public improvements or facilities shall be
transferred from the Cardiff Sanitation District to the City of Encinitas and shall
continue to exist as they existed prior to the dissolution (Government Code
§56886U]).
5, The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to all existing contractual obligations or
agreements of the Cardiff Sanitation for the provision of sewer services to other
public agencies or private parties. This shall include, but not be limited to, any implied
or expressed existing obligations and contracts with property owners and/or existing
agreements for the management and operation of the San Elijo Water Pollution
Control Facility (Government Code §56886[r]).
6. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to an existing agreement with the Leucadia
County Water District for the provision of wastewater collection, treatment, and
disposal to Rancho Verde Unit 4, Carlsbad Tract 89-18 (Government Code
§56886[r]).
7. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to the existing "Lease Agreement between the
Cardiff Sanitation District and the Rancho Santa Fe Community Services District,"
Agreement No, A9011 dated 4/9/91 (Government Code§56886[r]).
8. Concurrent with the dissolution of the Cardiff Sanitation District, the City shall
establish accounting procedures, or other mechanisms that preserve the financial
integrity of assets of the Cardiff Sanitation District ratepayers (Government Code
§56886[e]) and [i]).
Exhibit B
Page 1 of 3
. .
[LA [F C CD 003520 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission Website: www.sdlafco.com
Chairman
Andrew L. Vanderlaan CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Public Member
Vice Chairman Subject: .'Cardiff Sanitation District Dissolution (DTOO-14)
Ronald W. Wootton
VIsta Fire Protection District
Certain terms and conditions are required by the Local Agency Formation
Members Commis.o;ion to be fulfilled prior to the completion of the above-named change
BIIiHom of organization.
Couniy Board of
Supervisors LÑ I~, WIA,(bs
Dianne Jacob I f"k t.J~ Þ,r~iÞr
Couniy Board of (Name) (Title)
Supervisors
Patty Davis do hereby certify that the terms and conditions listed below have been fully
Councilmembar,
CIty of Chuls VIsta met.
Jill D. Grear Please see attached Exhibit B,
Councilmamber,
CIty of Lamon Grova
Byron Wear
Councilmember,
CIty of San Diago . , ,
Will the affected property be taxed for any existIng bonded Indebtedness or
Bud PocIdlngton t ct I br t' ?
South Bay InigaUon District con ra ua 0 Iga Ion
Alternate Members Yes- Noj(,fyes, specify,
Greg Cox
Couniy Board 01
Supervisors
Julianne Nygaard
Councllmembar,
CttyofCarisbad
Ralph Inzunza
Councllmember, ~ ¿ 2J,..v
CIty of San Diego
Andrew J. Manshek
Padre Dam
Municipal Water District Signature
Harry Mathis IOI~ð'
Public Member
Dae
Executive OffIcer
Michael D. 011
Counsel
William D. Smith
. . 00351.9
The City shall not terminate sewer service without the consent of the current property
owners (Government Code §56886[rJ).
17. Parcel numbers 262-190-08, and 262-190-09 shall be provided sewer services in the
future by the City of Encinitas. The extension of sewer service shall be at the request
of the property owner and under the same terms and conditions as the extension of
sewer services to territory within the City. Contractual agreements for the future
provision of sewer services to these properties shall be executed at the time of
application for Wastewater Discharge Permit. This provision does not preclude
property owners outside the City from requesting and receiving sewer service from
another public agency (Government Code §56886[rJ).
Exhibit B
Page 3 of 3
. 00351."
9. Revenues from fees, taxes, assessments, or charges collected within the former
territory of the Cardiff Sanitation District and existing at the time of the dissolution
shall be utilized for sewer related activities within the former sanitation district territory
(Government Code §56886[i]).
10. All property, whether real or personal, including monies (including cash on hand and
accounts payable) of the Cardiff Sanitation District shall be transferred to and vested
in the City of Encinitas (Government Code §56886[h] and [i]).
11. Property owners in the territory of the Cardiff Sanitation District will retain liability for
any existing long term debt, principal and interest, and other amounts that shall
become due on account of all or any part of any outstanding or currently unissued
bonds, including revenue bonds, or other contracts or obligations, in the same
manner as provided in the original authorization of the bonds and in the amount
necessary to provide that payment (Government Code §56886[t]).
12. Any taxes, assessments, fees, or charges shall be levied and collected in the same
manner provided by the sanitation district principal act or other applicable statutes.
As successor, the City of Encinitas assumes responsibility for the continuation of any
previously authorized tax, assessment, fee or charge of the Cardiff Sanitation District
(Government Code §56886[t]).
13. Cardiff Sanitation District territory outside the City of Encinitas and currently receiving
sewer service from the District shall be provided sewer service following the
dissolution by the City of Encinitas under the same terms and conditions as provided
to residents within the City of Encinitas (Government Code §56886[r]).
14. Cardiff Sanitation District territory outside the City of Encinitas and not receiving
sewer service from the District at the time of the dissolution shall be provided sewer
service in the future by the City of Encinitas. The extension of sewer service shall be
at the request of the property owner and under the same terms and conditions as the
extension of sewer services to territory within the City. This provision does not
preclude property owners outside the City from requesting and receiving sewer
service from another public agency (Government Code §56886[r]).
15. With the exception of parcel numbers 259-191-07,262-190-08,262-190-09, and 262-
190-22, contractual agreements for the continued or future provision of sewer
services to properties outside the City of Encinitas shall be executed prior to the
dissolution of the Cardiff Sanitation District. Said agreements shall be satisfactory to
the City of Encinitas and affected property owners (Government Code §56886[r]).
16, The City of Encinitas shall continue to provide sewer services to Parcel Numbers
259-191-07, 262-190-02, and 262-190-22 under the same terms and conditions as
the extension of sewer services to territory within the City. Sewer service may be
terminated by the property owner upon disconnection from the City's sewer system.
Exhibit B
Page 2 of 3
. .
'l?c°351. 7 Approved by the Loatl AøencY Formation
Terms and Condl Ions Commission of Son Dieøo ?
"Cardiff Sanitation District Dissolution" SEP 1 0 2001
(DTOO-14; SAOO-14) ~
1. The effective date of the Cardiff Sanitation District Reorganization shall be the date of
recordation of the Certificate of Completion (Government Code §56886[pJ).
2. As of the effective date of the dissolution, the Cardiff Sanitation District shall be
dissolved, terminated, disincorporated, and extinguished and all its corporate powers
shall cease (Government Code §56886[vJ).
3. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to all of the rights, duties, and obligations of
the Cardiff Sanitation District with respect to the enforcement, performance, or
payment of any contracts and obligations of the Cardiff Sanitation District
(Government Code §56886[mJ).
4. Capacity rights and/or ownership in any public improvements or facilities shall be
transferred from the Cardiff Sanitation District to the City of Encinitas and shall
continue to exist as they existed prior to the dissolution (Government Code
§56886UJ).
5. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to all existing contractual obligations or
agreements of the Cardiff Sanitation for the provision of sewer services to other
public agencies or private parties. This shall include, but not be limited to, any implied
or expressed existing obligations and contracts with property owners and/or existing
agreements for the management and operation of the San Elijo Water Pollution
Control Facility (Government Code §56886[rJ).
6. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to an existing agreement with the Leucadia
County Water District for the provision of wastewater collection, treatment, and
disposal to Rancho Verde Unit 4, Carlsbad Tract 89-18 (Government Code
§56886[rJ).
7. The City of Encinitas shall be designated as the successor to the Cardiff Sanitation
District, for the purpose of succeeding to the existing "Lease Agreement between the
Cardiff Sanitation District and the Rancho Santa Fe Community Services District,"
Agreement No. A9011 dated 4/9/91 (Government Code§56886[rJ).
8. Concurrent with the dissolution of the Cardiff Sanitation District, the City shall
establish accounting procedures, or other mechanisms that preserve the financial
integrity of assets of the Cardiff Sanitation District ratepayers (Government Code
§56886[eJ) and [iJ)'
Exhibit B
Page 1 of 3
. . 003516
STATEMENT OF DETERMINATIONS
AMENDMENT TO A ZERO SPHERE OF INFLUENCE
FOR THE
CARDIFF SANITATION DISTRICT
"Cardiff Sanitation District Dissolution"
(DTOO-14; SAOO-14)
The following statement of determinations is prepared pursuant to Section 56425 of the
Govemment Code for designation of a zero sphere of influence for the Cardiff Sanitation
District.
(1) The present and planned land uses in the area including agricultural and
open space lands.
The sphere amendment territory includes approximately 12 square miles located in the
southem and easterly portions of the City of Encinitas with approximately 100 acres located
outside the City. The prevalent land use within the Cardiff Sanitation District is single-family
residential with maximum densities ranging from zero to eleven dwelling units per acre.
(2) The present and probable need for public facilities and services in the area,
Please refer to (3),
(3) The present capacity of public facilities and adequacy of public services
which the agency provides or is authorized to provide,
The Cardiff Sanitation District currently provides sewer services to approximately 17,550
residents, Although the District primarily provides sewer service within the City of Encinitas,
it also provides services to 25 single-family homes east of the City and 18 single-family
homes in the City of Carisbad. The District owns approximately 266,000 feet of sewer line
and shares treatment capacity in the San Elijo Water Pollution Control Facility with the City
of Solana Beach, The District's rated transmission capacity is 2,63 million gallons per day
with an average daily flow of 1,5 million gallons. The treatment capacity for the San Elijo
Water Pollution Control Facility is 5.25 million gallons per day. The facility currently treats
2.98 million gallons per day.
(4) The existence of any social or economic communities of interest in the area
if the Commission determines that they are relevant to the agency,
Social or economic communities of interest are not relevant to this sphere of influence
amendment.
Exhibit A
ApProved by lite Locel Co Fannllion
Page10f1 Commllalon 01 'n DI8øo
IS£P 102001
~
. .
003515
Passed and adopted by the Local Agency Formation Commission of the County of San
Diego this 10th day of September, 2001, by the following vote:
AYES: Commissioners Davis, Greer, Hom, Jacob, Pocklington,
Vanderlaan, Wear and Wootton
NOES: None
ABSENT: None
ABSTAINING: None
---------------------------------------------
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
" MICHAEL D, OTT, Executive Officer of the Local Agency Formation Commission of the
County of San Diego, State of Califomia, hereby certify that I have compared the foregoing
copy with the original resolution adopted by said Commission at its regular meeting on
September 10, 2001, which original resolution is now on file in my office; and that same
contains a full, true, and correct transcript therefrom and of the whole thereof,
WIIne", my haod th;, 12th day of ""'JJ'"
Ø)~
MICHAEL D. OTT, Executive Officer
San Diego Local Agency Formation Commission
3
. . 003514
(3) In accordance with Government Code Section 57002, the Commission
. hereby declares that this action requires a noticed public hearing of conducting authority
proceedings.
(4) The Commission finds, pursuant to Section 15320 of the State CEQA
Guidelines, that this dissolution is not subject to the environmental impact evaluation
process because the proposal consists of a change of organization of government agencies
which does not change the area in which previously existing powers are exercised.
(5) The Commission has considered the factors enumerated in Section 56425
prior to amending the sphere of influence for the Cardiff Sanitation District to a zero sphere.
(6) The Commission hereby approves the sphere amendment and adopts the
Statement of Determinations as provided in Exhibit A pursuant to Section 56425 of the
Government Code.
(7) The Commission hereby approves the dissolution of the Cardiff Sanitation
District for the reasons set forth in the Executive Officer's report, subject to the terms and
conditions as listed in Exhibit B, attached hereto.
(8) The boundaries of the territory contained within the Cardiff Sanitation District
are definite and certain.
(9) The boundary of the territory contained within the Cardiff Sanitation District
does conform to lines of assessment and ownership,
(10) The district is a registered-voter district.
(11) The territory within the Cardiff Sanitation District contains approximately 12
square miles and is inhabited.
(12) The proposal is hereby designated the "Cardiff Sanitation District Dissolution"
(City of Encinitas).
(13) Pursuant to Government Code Section 57000, the Commission hereby
delegates to the lAFCO Executive Officer the responsibility for holding conducting authority
proceedings in compliance with this resolution.
(14) In conjunction with conducting authority proceedings, the Commission directs
the Executive Officer to order the following action subject to the terms and conditions
contained in Exhibit B:
a) Dissolution of the Cardiff Sanitation District.
(15) The Executive Officer is hereby authorized and directed to mail certified
copies of this resolution as provided in Section 56882 of the Government Code,
2
. . 003513
Minute Item: 6
Ref. No,: SAOO-14; DTOO-14
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF SAN DIEGO
AMENDING THE SPHERE OF INFLUENCE
FOR THE CARDIFF SANITATION DISTRICT TO A ZERO SPHERE,
INITIATING THE DISSOLUTION OF THE
CARDIFF SANITATION DISTRICT, AND
MAKING DETERMINATIONS AND APPROVING THE
"CARDIFF SANITATION DISTRICT DISSOLUTION"
(CITY OF ENCINITAS)
On motion of Commissioner Hom, seconded by Commissioner Wear, the following
resolution is adopted:
WHEREAS, pursuant to Government Code Section 56425, the San Diego Local
Agency Formation Commission is required to develop and determine a sphere of influence
for each local govemmental agency within the County; and
WHEREAS, an application has been made to amend the sphere of influence for the
Cardiff Sanitation District to a zero sphere; and
WHEREAS, a resolution was submitted to this Commission requesting that the
Commission initiate proceedings for the dissolution of the Cardiff Sanitation District, which
resolution was adopted by the City Council of the City of Encinitas as Resolution
No, 2000-19, dated March 22, 2000; and
WHEREAS, the territory proposed for the sphere amendment and district dissolution
is as described in the application on file with the Local Agency Formation Commission; and
WHEREAS, pursuant to Govemment Code Section 56427, the Executive Officer of
this Commission set a public hearing on the proposed sphere amendment and district
dissolution for September 10, 2001, and gave notice of the date, time, and place of said
hearing in accordance with Government Code Sections 56660 and 56661;
NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds,
determines, and orders as follows:
(1) The hearing was held on the date set therefore, and due notice of said
hearing was given in the manner required by law.
(2) At that hearing, pursuant to Government Code Section 56375, the
Commission initiated the dissolution of the Cardiff Sanitation District and called for, heard,
and considered all interested parties and read and considered the report of the Executive
Officer.
. . 0035:12
(b) Pursuant to California Environmental Quality Act Guidelines, §15320, the
Local Agency Formation Commission of San Diego County found that the dissolution of the
Cardiff Sanitation District is not subject to the environmental impact evaluation process
because the proposal consists of a change of organization of government agencies which
does not change the area in which previously existing powers are exercised.
(c) The Board of Directors of the Cardiff Sanitation District has provided written
consent for the initiation and approval of the dissolution of said district.
(d) Pursuant to Government Code §57050, the protest hearing on the proposed
dissolution was held on the date and at the time specified in the notice given by the
Executive Officer. At the hearing the Executive Officer heard and received all oral and
written protest, objections or evidence which were made, presented, or filed, as required
by Government Code §57050.
(e) Pursuant to Government Code §56854 and §57113, since insufficient protest
has been filed, the Executive Officer of the San Diego Local Agency Formation
Commission hereby orders the dissolution of the Cardiff Sanitation District without an
election subject to the aforementioned terms and conditions.
------------------------------------------------------------------------------------------------------------
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
I, MICHAEL D. OTT, Executive Officer of the Local Agency Formation Commission
of the County of San Diego do hereby certify the foregoing Resolution, Minute Item No.2,
was duly adopted by the Local Agency Formation Commission at a public hearing held on
the 15th day of October, 2001.
Witness my hand this 15th day of October, 2001.
~
MICHAEL D. OTT, Executive Officer
San Diego Local Agency Formation Commission
4
. .
003511
(13) Cardiff Sanitation District territory outside the City of Encinitas and currently
receiving sewer service from the District shall be provided sewer service following the
dissolution by the City of Encinitas under the same terms and conditions as provided to
residents within the City of Encinitas (Government Code §56886[rJ).
(14) Cardiff Sanitation District territory outside the City of Encinitas and not receiving
sewer service from the District at the time of the dissolution shall be provided sewer service
in the future by the City of Encinitas. The extension of sewer service shall be at the request
of the property owner and under the same terms and conditions as the extension of sewer
services to territory within the City. This provision does not preclude property owners
outside the City from requesting and receiving sewer service from another public agency
(Government Code §56886[rJ).
(15) With the exception of parcel numbers 259-191-07,262-190-08,262-190-09, and
262-190-22, contractual agreements for the continued or future provision of sewer services
to properties outside the City of Encinitas shall be executed prior to the dissolution of the
Cardiff Sanitation District. Said agreements shall be satisfactory to the City of Encinitas and
affected property owners (Government Code §56886[rJ).
(16) The City of Encinitas shall continue to provide sewer services to Parcel Numbers
259-191-07, 262-190-02, and 262-190-22 under the same terms and conditions as the
extension of sewer services to territory within the City. Sewer service may be terminated
by the property owner upon disconnection from the City's sewer system. The City shall not
terminate sewer service without the consent of the current property owners (Government
Code §56886[rJ).
(17) Parcel numbers 262-190-08, and 262-190-09 shall be provided sewer services in
the future by the City of Encinitas. The extension of sewer service shall be at the request
of the property owner and under the same terms and conditions as the extension of sewer
services to territory within the City. Contractual agreements for the future provision of sewer
services to these properties shall be executed at the time of application for Wastewater
Discharge Permit. This provision does not preclude property owners outside the City from
requesting and receiving sewer service from another public agency (Government Code
§56886[rJ); and
WHEREAS, pursuant to Government Code §57002, the Executive Officer of the
Local Agency Formation Commission of San Diego County on September 24, 2001 gave
notice of the protest hearing, said hearing to be held on October 15, 2001; and
NOW THEREFORE, BE IT RESOLVED, ORDERED AND DETERMINED as
follows:
(a) The Cardiff Sanitation District includes approximately 12 square miles located
in the southern and eastem portions of the City of Encinitas. There are also 31 parcels and
three road segments located within the district that are not within the City of Encinitas.
3
. .
CO351.0
(5) The City of Encinitas shall be designated as the successor to the Cardiff
Sanitation District, for the purpose of succeeding to all existing contractual obligations or
agreements of the Cardiff Sanitation District for the provision of sewer services to other
public agencies or private parties. This shall include, but not be limited to, any implied or
expressed existing obligations and contracts with property owners and/or existing
agreements for the management and operation of the San Elijo Water Pollution Control
FacUity (Government Code §56886[rJ).
(6) The City of Encinitas shall be designated as the successor to the Cardiff
Sanitation District, for the purpose of succeeding to an existing agreement with the
Leucadia County Water District for the provision of wastewater collection, treatment, and
disposal to Rancho Verde Unit 4, Carlsbad Tract 89-18 (Government Code §56886[rJ).
(7) The City of Encinitas shall be designated as the successor to the Cardiff
Sanitation District, for the purpose of succeeding to the existing "Lease Agreement
Between the Cardiff Sanitation District and the Rancho Santa Fe Community Services
District," Agreement No. A9011 dated 4/9/91 (Government Code§56886[rJ).
(8) Concurrent with the dissolution of the Cardiff Sanitation District, the City shall
establish accounting procedures, or other mechanisms that preserve the financial integrity
of assets of the Cardiff Sanitation District ratepayers (Government Code §56886[eJ)
and [in.
(9) Revenues from fees, taxes, assessments, or charges collected within the
former territory of the Cardiff Sanitation District and existing at the time of the dissolution
shall be utilized for sewer related activities within the former sanitation district territory
(Government Code §56886[iJ).
(10) All property, whether real or personal, including monies (including cash on
hand and accounts payable) of the Cardiff Sanitation District shall be transferred to and
vested in the City of Encinitas (Government Code §56886[h] and [iJ).
(11) Property owners in the territory of the Cardiff Sanitation District will retain
liability for any existing long term debt, principal and interest, and other amounts which shall
become due on account of all or any part of any outstanding or currently unissued bonds,
including revenue bonds, or other contracts or obligations, in the same manner as provided
in the original authorization of the bonds and in the amount necessary to provide that
payment (Government Code §56886[tJ).
(12) Any taxes, assessments, fees, or charges shall be levied and collected in the
same manner provided by the sanitation district principal act or other applicable statutes,
As successor, the City of Encinitas assumes responsibility for the continuation of any
previously authorized tax, assessment, fee or charge of the Cardiff Sanitation District
(Government Code §56886[tJ).
2
. .
Minute Item: 2
Ref. Nos.: SAOO-14; DTOO-14
003509
RESOLUTION OF THE
LOCAL AGENCY FORMATION COMMISSION
OF SAN DIEGO COUNTY
ORDERING THE
"CARDIFF SANITATION DISTRICT DISSOLUTION"
WHEREAS, pursuant to the Cortese-Kn ox - Hertzberg Local Government
Reorganization Act of 2000 (Government Code §56000 et seq.) preliminary proceedings
were commenced by resolution of the San Diego Local Agency Formation Commission on
September 10, 2001, for the dissolution of the Cardiff Sanitation District; and
WHEREAS, the San Diego Local Agency Formation Commission adopted its
Resolution Minute Item No. 6A on September 10, 2001, making determinations and
approving the proposed dissolution of the Cardiff Sanitation District; and
WHEREAS, pursuant to Government Code §57000, the Local Agency Formation
Commission on September 10, 2001, delegated to the Executive Officer the responsibility
for holding conducting authority protest proceedings; and
WHEREAS, the terms and conditions of the proposed dissolution are as follows:
(1) The effective date of the Cardiff Sanitation District Reorganization shall be
the date of recordation of the Certificate of Completion (Government Code §56886[p ).
(2) As of the effective date of the dissolution, the Cardiff Sanitation District shall
be dissolved, terminated, disincorporated, and extinguished and all its corporate powers
shall cease (Government Code §56886[v ).
(3) The City of Encinitas shall be designated as the successor to the Cardiff
Sanitation District, for the purpose of succeeding to all of the rights, duties, and obligations
of the Cardiff Sanitation District with respect to the enforcement, performance, or payment
of any contracts and obligations of the Cardiff Sanitation District (Government Code
§56886[m ).
(4) Capacity rights and/or ownership in any public improvements or facilities shall
be transferred from the Cardiff Sanitation District to the City of Encinitas and shall continue
to exist as they existed prior to the dissolution (Government Code §56886D ).
. . 003508
SAN DIEGO COUNTY Please return to:
LOCAL AGENCY FORMATION COMMISSION LAFCO
CERTIFICATE OF COMPLETION MS A216
"Cardiff Sanitation District Dissolution" (City of Encinitas)
(SAOO-14; DTOO-14)
Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby
issued.
The name of each city and/or district included in this change of organization/reorganization,
all located within San Diego county, and the type of change of organization ordered for
each city and/or district are as follows:
Citv or District Type of Chance of Oraanization
Cardiff Sanitation District Dissolution
A certified copy of the resolution ordering this change of organization/reorganization
without an election, or the resolution confirming an order for this change of
organization/reorganization after confirmation by the voters is attached hereto and by
reference incorporated herein.
The Cardiff Sanitation District includes approximately 12 square miles within the City of
Encinitas and 101 acres outside the City's eastern boundary.
The terms and conditions, if any, of the change of organization/reorganization are indicated
on the attached form.
I hereby certify that I have examined the above-cited resolution for a change of
organizationlreorganization, and have found that document to be in compliance with the
Commission's resolution approving said change of organizationlreorganization.
I further certify that a master property tax resolution for jurisdictional changes involving
agencies that do not receive property taxes is on file.
~~~ Db Date: October 15. 2001
11111111111111 DOC4P 2001-0753387
2001.0753387 OCT 18. 2001 9:07 AM
RECORDING REQUESTED BY:
IJFICIIlIROOS
San Diego County LAFCO ~ DIEGO InM'V IfC!RŒR'S IJFICE
GREIm J. SMITH. )]Jffi' Ii'ECIRŒR
AND WHEN RECORDED MAIL TO: FEES: 0.00
LAFCO 003507
MS A216
(~ THIS SPACE FOR RECORDER'S USE ONLY
,)
Certificate of Completion
"Cardiff Sanitation District Dissolution" (City of Encinitas)
(SAOO-14; DTOO-14)
(Please fill in document title(s) on above line(s)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
6/94
Rec. Form #R25
. .
[lffi\[F CC(ê] 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission Website: www.sdlafco.GOm
Chairman
Ronald W. Wootton January 29, 2002
Vista Fire Protection District
Vice Chairman
Dienne Jacob TO: City of Encinitas
County Board of
Supervisors FROM: Local Agency Formation Commission
Members SUBJECT: "Cardiff Sanitation District Dissolution" (City of Encinitas)
BiliHom (SAOO-14; DTOO-14)
County Board 01
Supervisors
Patty Davis Filings for the above-referenced change or organization/reorganization have
Councilmember,
City of Chula VIsta been completed. Pursuant to California Government Code §57203,
Jill D. Greer transmitted herewith for your information is:
Councilmember,
City of Lemon Grove 1. A copy of all documents filed with and returned from the County
Byron Wear Recorder.
Council member,
City of San Diego 2. A copy of acknowledgment of filing received from the County
Andrew L. Vandenaan
Public Member Assessor.
Bud Pock/ington 3. A copy of notification of filing received from the State Board of
South Bay Irrigation District
Equalization.
Alternate Members ~
Greg Cox
county Board of
&,upervisors Executive Officer
Julianne Nygaard
Councilmember,
City of Cansbad MDO:jb
Ralph Inzunza Attachments
Councilmember,
City of San Diego
Andrew J. Menshek
Padre Dam
Municipal Water District
Harry Mathis
Public Member
Executive Officer
Michael D. 011
Counsel
William D. Smith