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GHAD Dissolution1600 Pacific Highway • Room 452 I (` 92101 619 531 -5400 J San Diego, CA ( ) San Diego Local Agency Formation Commission Chairwoman contacted if any clarification or additional information is needed. At a later Alternate Members date you will receive a certificate of filing indicating the date that your Dianne JacobC proposal will be heard by the Commission. County Board of Supervisors September 30, 1996 ^ Members y�'A�p• Bill Horn County Board of Supervisors Lauren Wasserman, City Manager Shirley Horton City of Encinitas Mayor, city of Chula Vista 505 S Vulcan Avenue Encinitas, California 92024 Lori Howard Councilmember, City of Santee Subject: Status of Application for Proposed "Dissolution of Geologic Harry Mathis Hazard Abatement District No. 1 (Neptune Street)" Councilmember, City of (Ref. No. DT96 -17; S196 -17) San Diego Dr Lillian M. Childs LAFCO staff has reviewed the application and accompanying documents for Helix Water District the above - referenced proposal. This notice is to advise you whether your John Sasso application is complete, or additional information is required. President, Borrego Water District Andrew L. Vanderlaan The application is compMe, and LAFCO is processing it. You will be Public Member contacted if any clarification or additional information is needed. At a later Alternate Members date you will receive a certificate of filing indicating the date that your Greg Cox proposal will be heard by the Commission. County Board of Supervisors Julianne Nygaard Councilmember, City of MICHAEL D OTT Carlsbad Executive Officer Juan Vargas Councilmember, City of San Diego By: Joe Convery Staff Analyst Ronald W Wootton Vista Fire Protection District cc. James Benson, Asst. City Manager, City of Encinitas David A. Perkins Donald Pierce, GHAD Chair Public Member Patrick Murphy, Project Planner, City of Encinitas Executive Officer Michael D Ott Counsel (Acting) John J Sansone / f Ci �� l 1600 Pacific Highway - Room 452 San Diego, CA 92101 (619) 531 -5400 �.J San Diego Local Agency Formation Commission Chairwoman Dianne Jacob September 30, 1996 County Board of Supervisors TO: Affected and Subject Agencies and Interested Parties Members Bill Horn FROM: Executive Officer County Board of Local Agency Formation Commission Supervisors Shirley Horton SUBJECT "Dissolution of Geologic Hazard Abatement District No. 1 Mayor, City of (Neptune Street)" Chula Vista (Ref. Nos. DT96 -17; S196 -17) Lori Howard Councilmember, City of The above - referenced proposal has been submitted to the Local Agency Santee Formation Commission ( LAFCO) for review and recommendation. Harry Mathis Councilmember, City of San Diego To assist the Commission's staff in analyzing this proposal, your comments Or Lillian M. Childs would be appreciated by 10/15/96. Please comment on any aspects or Helix Water District possible effects of this proposal that you may feel are relevant. John Sasso President, Borrego Subject agencies are requested to prepare and submit any terms and Water District conditions to LAFCO as soon as possible. Andrew L. Vanderlaan Public Member A copy of the preliminary staff report and the map for the territory involved Alternate Members are attached for your reference. If you have any further questions, please Greg Cox contact the staffperson indicated below. County Board of Supervisors Julianne Nygaard MICHAEL D OTT Councilmember, City of Executive Officer Carlsbad Juan Vargas By: Joe Convery Councilmember, city of Local Governmental Analyst San Diego cc: w /attachments: Ronald re Wootton Supervisor Pam Slater, 3rd Su ervisorial District; City f Encinitas; Geologic Vista Fire Protection District p p y g Hazard Abatement District No.1 (Neptune Street), California Coastal David A. Perkins Commission; DPLU: Joan Vokac; Public Member Susan Baldwin, Senior Regional Planner Executive Officer Regional Growth Management Review Board Michael D Ott SANDAG Counsel (Acting) City 980 John J Sansone Preliminary Staff Report San Diego LAFCO Proposed: "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Street)" Ref Nos.: DT96 -17; S196 -17 Analyst: Joe Convery Affected Agencies: Geologic Hazard Abatement District No. 1 (Neptune Street); City of Encinitas Date Rec'd by LAFCO: 9/23/96 Description /Justification: Proposed by resolution of the Encinitas City Council is the dissolution of Geologic Hazard Abatement District (GRAD) No. 1 (Neptune Street). The GHAD was formed by the City of Encinitas in 1994 to protect property from coastal bluff erosion, landslides, failures, and other geologic hazards. The District includes property along Neptune Avenue within the City of Encinitas. At the time the GHAD was formed, it was intended that the District be financially independent from the City of Encinitas and establish an assessment district to finance administrative costs and bluff maintenance programs. The City has lent the District $94,000 for start-up legal services, operation expenses, assessment district feasibility study and insurance. The City indicates that, following formation of the GHAD, there was little support for the formation of an assessment district and individual property owners privately financed construction of the necessary bluff protection devices (sea walls) to protect their property. The GHAD is now considered inactive by the City because: (1) property protection has been accomplished, (2) an acceptable financing mechanism to sustain the GHAD and its activities has not been established, and (3) no other funding source, including City support, has been approved. Since the District was formed by the City of Encinitas and not through a LAFCO action, a sphere of influence has not been adopted for the District. A zero sphere of influence will have to be adopted for the District if the dissolution of the District is approved. The Board of Directors of the GHAD has adopted a resolution unanimously consenting to the dissolution of the District. General Plan /Zoning: The affected territory is within the General Plan area of the City of Encinitas and is zoned for single - family residential and open -space uses. Location: West side of Neptune Street within the City of Encinitas north of Sylvia Street and south of Grandview Street (Thos. Bros. pg. 1147/A3,A4,A5,B5,B6). Envir. Review Notes: Exempt by City of Encinitas Tax Negotiations: MEDR [ ] MPTA [ ] Negotiated [ ] Other [X] Dissolution of a non - property tax district. Referrals: Geologic Hazard Abatement District No. 1 (Neptune Street); City of Encinitas; California Coastal Commission; Supervisor Pam Slater, 3rd Supervisorial District; County Department of Planning and Land Use, ATTN: Joan Vokac. Sphere Amendment: Adoption of a sphere of influence required. Public Hearing [X] Consent[] Adv. Comm. Review: CAC [ ] SDAC [ ] Fee Paid: Yes Date Paid: 9/20/96 Opened: 9/30/96 Status Letter Sent: 9/30/96 fitL !1/ 1600 Pacific Highway • Room 452 Sari '!ego, CA 92101 • (619) 531 -5400 San Diego Local Agency Formation Commission Chairwoman Dianne Jacob CERTIFICATE OF FILING County Board of Supervisors Members TO Lauren Wasserman Bill Horn County Board of Supervisors FROM Executive Officer Shirley Horton Local Agency Formation Commission Mayor, City of Chula Vista SUBJECT "Dissolution of Geologic Hazard Abatement District No 1 Lori Howard (Neptune Avenue)" Councilmember, City of Santee (Ref Nos DT96 -17; S196 -17) Harry Mathis Councilmember, City of The above referenced proposal was Initiated by a resolution of application San Diego by an affected legislative body The application is now complete and Dr Lillian M. Childs contains the information required by State law and the Commission's rules Helix Water District Therefore, pursuant to Section 56828 of the California Government Code, John Sasso this Certificate of Filing is hereby issued on November 15, 1996 President, Borrego Water District This proposal will be considered by the Commission at a meeting to be held Andrew L. Vanderlaan Public Member on December 2, 1996, and scheduled to begin at 9.00 a m., in Room 358 of the County Administration Center, 1600 Pacific Highway, San Diego This Alternate Members proposal will be a public hearing item Greg Cox County Board of Supervisors For more information, please call (619) 531 -5400 The analyst for this Julianne Nygaard proposal is Joe Convery. Councilmember, City of Carlsbad Juan Vargas Councilmember, City of San Diego MI HAE D f iL Ronald W Wootton Executive Officer Vista Fire Protection District David A. Perkins Public Member Executive Officer Michael D Ott Counsel John J Sansone MDO hm cc James Benson Donald Pierce Patrick Murphy �zo NOTICE OF PUBLIC HEARING BY THE LOCAL AGENCY FORMATION COMMISSION FOR ADOPTION OF A ZERO SPHERE OF INFLUENCE FOR THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) AND FOR THE PROPOSED "DISSOLUTION OF GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) " NOTICE IS HEREBY GIVEN, that a meeting of the Commission is scheduled for 9 00 a.m., on December 2, 1996, in Room 358, County Administration Center, 1600 Pacific Highway, San Diego, to consider the above referenced proposal The territory includes approximately 50 residences on the west side of Neptune Avenue within the City of Encinitas, north of Sylvia Street and south of Grandview Street. At the hearing, the Commission will hear any person who wishes to speak and will consider the application and report of the Executive Officer The application may be examined in the LAFCO office For further information, please call (619) 531 -5400 Dated No later than November 15, 1996 Ref. Nos.. DT96 -17, S196 -17 MICHAEL D. OTT, Executive Officer Local Agency Formation Commission County of San Diego Minute Item- 5 Ref Nos S196 -17, DT96 -17 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO ADOPTING A ZERO SPHERE OF INFLUENCE FOR THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) AND MAKING DETERMINATIONS AND APPROVING THE "DISSOLUTION OF GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE)" On motion of Commissioner Horn, seconded by Commissioner Howard, 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 governmental agency within the County; and WHEREAS, an application has been made to adopt a sphere of influence for the Geologic Hazard Abatement District No. 1 (Neptune Avenue); and WHEREAS, a resolution of application was submitted to this Commission for dissolution of the Geologic Hazard Abatement District No. 1 (Neptune Avenue), which resolution was adopted by the City Council of Encinitas as Resolution No 96 -71, dated August 28, 1996, pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code, and WHEREAS, the territory proposed for adoption of a zero sphere of influence and dissolution is as described in the application on file with the Local Agency Formation Commission, and WHEREAS, the Executive Officer of the Commission has filed his report on said adoption of a zero sphere of influence and district dissolution, which report was received and considered by the Commission; and WHEREAS, pursuant to Government Code Sections 56427 and 56828, the Executive Officer of this Commission set a public hearing on the proposed adoption of a zero sphere of influence and district dissolution for December 2, 1996, and gave notice of the date, time, and place of said hearing in accordance with Government Code Sections 56834 and 56835, and 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 the Commission called for, heard, and considered all interested parties and read and considered the report of the Executive Officer (3) In accordance with Government Code Section 57002, the Commission hereby declares that this action requires a noticed public hearing by the conducting authority. (4) The Commission certifies that the determination by the City of Encinitas that adoption of a zero sphere of influence and the district dissolution are exempted by State CEQA Guidelines Section 15061(b)(3) from the requirements of CEQA has been reviewed and considered (5) The Commission has considered the factors enumerated in Section 56425 prior to adopting the zero sphere of influence for the Geologic Hazard Abatement District No. 1 (Neptune Avenue) (6) The Commission hereby determines that a zero sphere of influence shall be adopted for the Geologic Hazard Abatement District No 1 (Neptune Avenue), and adopts the Statement of Determinations as provided in Exhibit C pursuant to Section 56425 of the Government Code. (7) The Commission hereby approves the dissolution with boundaries as described in Exhibit A attached hereto, subject to the conditions as stated in Exhibit B. (8) The boundaries of the territory as described in Exhibit A are definite and certain. (9) The boundaries of the territory do conform to lines of assessment and ownership (10) The district is a property -owner district. (11) The territory is inhabited. (12) The territory proposed for district dissolution is hereby designated the "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue) " (13) The Commission hereby designates the County of San Diego as the conducting authority and authorizes the Board of Supervisors to conduct proceedings in compliance with this resolution without an election. (14) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code 2 Passed and adopted by the Local Agency Formation Commission of the County of San Diego this 2nd day of December, 1996, by the following vote AYES Commissioners Horn, Horton, Howard, Jacob, Vanderlaan, and Wootton NOES None ABSENT: Commissioners Childs, Mathis, and Sasso ABSTAINING: None STATE OF CALIFORNIA) ) SS COUNTY OF SAN DIEGO) I, MICHAEL D OTT, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on December 2, 1996, 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 Witness my hand this 5th day of December, 1996. A /7 MICHAEL D OTT Executive Officer San Diego Local Agency Formation Commission DT9 6 -17 DISSOLUTION OF THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) CORRRECTED FROM DESCRIPTION SUBMITTED (11/7/96) EXHIBIT A PAGE 1 OF 2 ADDRESS MAP BLOCK LOT APN 312 NEPTUNE AVE 1800 B 3 256- 352 -03 314 NEPTUNE AVE 1800 B 3 256- 352 -03 320 NEPTUNE AVE 1800 B 2 256- 352 -02 322 NEPTUNE AVE 1800 B 2 256- 352 -02 330 NEPTUNE AVE 1800 B 1 256- 352 -01 340 NEPTUNE AVE 1800 C 19 256- 282 -19 350 NEPTUNE AVE 1800 C 18 256- 282 -18 354 NEPTUNE AVE 1800 C 17 256- 282 -17 364 NEPTUNE AVE 1800 C 15 256- 282 -15 364 NEPTUNE AVE 1800 C 16 256- 282 -16 370 NEPTUNE AVE 1800 C 14 256- 282 -14 378 NEPTUNE AVE 1800 C 13 256- 282 -13 386 NEPTUNE AVE 1800 C 12 256- 282 -12 396 NEPTUNE AVE 1800 C 11 256- 282 -11 402 NEPTUNE AVE 1800 C 10 256- 282 -10 410 NEPTUNE AVE 1800 C 9 256- 282 -09 412 NEPTUNE AVE 1800 C 9 256- 282 -09 416 NEPTUNE AVE 1800 C 8 256- 282 -25 418 NEPTUNE AVE 1800 C 7 256- 282 -27 432 NEPTUNE AVE 1800 C 6 256- 282 -26 436 NEPTUNE AVE 1800 C 5 256- 282 -05 438 NEPTUNE AVE 1800 C 3 256- 282 -21 452 NEPTUNE AVE 1800 C 4 256- 282 -23 NEPTUNE AVE 1800 (PUBLIC PARK) 256- 261 -10 470 NEPTUNE AVE 1800 D 10,11 256- 261 -09 478 NEPTUNE AVE 1800 D 9 256- 261 -08 480 NEPTUNE AVE 1800 D 9 256- 261 -08 492 NEPTUNE AVE 1800 D 8 256- 261 -07 494 NEPTUNE AVE 1800 D 7 256- 261 -06 498 NEPTUNE AVE 1800 D 6 256- 261 -05 502 NEPTUNE AVE 1800 D 5 256- 261 -04 504 NEPTUNE AVE 1800 D 5 256- 261 -04 510 NEPTUNE AVE 1800 D 4 256- 261 -03 518 NEPTUNE AVE 1800 D 3 256- 261 -02 522 NEPTUNE AVE 1800 D 1,2 256 - 261 -01 CORRRECTED FROM DESCRIPTION SUBMITTED (11/7/96) EXHIBIT A PAGE 1 OF 2 DISSOLUTION OF THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) AWS"d by the Local Agency Formation Commission of San Diego ire %� !�'► CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 2OF2 ADDRESS MAP BLOCK LOT APN 524 NEPTUNE AVE 1800 D 1,2 256- 261 -01 528 NEPTUNE AVE 1935 E 1 256- 084 -09 532 NEPTUNE AVE 1935 E 1 256- 084 -09 254 NEPTUNE AVE 1935 E 3 256- 084 -08 560 NEPTUNE AVE 1935 E 4,5 256- 084 -07 150 NEPTUNE AVE 1800 A 8 256- 371 -04 172 NEPTUNE AVE 1800 A 4 256- 371 -18 164 NEPTUNE AVE 1800 A 5 256- 371 -19 270 NEPTUNE AVE 1800 B 10 256- 352 -10 678 NEPTUNE AVE 1935 E 19 256- 051 -07 1112 NEPTUNE AVE 1859 12, D 17 254 - 241 -09 1114 NEPTUNE AVE 1859 12,D 17 254 - 241 -09 1030 NEPTUNE AVE 1859 12 5 254 - 301 -01 1630 NEPTUNE AVE (NO MAP) 254 - 040 -08 NEPTUNE AVE 1859 (NO ADDRESS NO. ASSIGNED) 254 - 241 -06 AWS"d by the Local Agency Formation Commission of San Diego ire %� !�'► CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 2OF2 DISSOLUTION OF GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) Approved Terms and Conditions 1 Effective date of dissolution shall be the date of recordation with the County Recorder (Government Code Section 56844[p]) 2 As of the effective date of dissolution, Geologic Hazard Abatement District No 1 (Neptune Avenue) shall be dissolved, terminated, disincorporated and extinguished and all its corporate powers shall cease (Government Code Section 56844[v]) 3 The City of Encinitas shall be designated as the successor to the Geologic Hazard Abatement District for the purpose of succeeding to all the rights, duties and obligations of the District with respect to the enforcement, performance or payment of any contracts and obligations of the District (Government Code 56844[m]) 4. All property, whether real or personal, including all moneys (including cash on hand and moneys due but uncollected) of the dissolved District shall be transferred to and vested in the City of Encinitas (Government Code Section 56844[h & 1]) 5 Payment of any fees or charges necessary to cover expenses of the proposed dissolution shall be paid by the District. Such fees or charges, if any, may include, but are not limited to, processing fees charged by the Local Agency Formation Commission and processing fees charged by the State Board of Equalization (Government Code Section 56844[v]) App o"W by the Lotel A®ency Formation Cwwissian of Son Die®p DEC - 21996 Exhibit B STATEMENT OF DETERMINATIONS ADOPTION OF A ZERO SPHERE OF INFLUENCE FOR THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) "Dissolution of Geologic Hazard Abatement District No 1 (Neptune Avenue)" The following statement of determinations is prepared pursuant to Section 56425 of the Government Code for designation of a zero sphere of influence for the Geologic Hazard Abatement District No 1 (Neptune Avenue) (1) The present and planned land uses in the area including agricultural and open space lands The District includes 50 residences on the west side of Neptune Avenue in the City of Encinitas Land uses within the District are regulated by the City of Encinitas and there are no plans to change existing land uses (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 District is not currently providing any services LAFCO's adopted sphere guidelines indicate that a zero sphere should be designated for an agency when the provision of its services are no longer required (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 the adoption of a zero sphere of influence for the Geologic Hazard Abatement District No 1 (Neptune Avenue). Approved by the Local Agency Formation Commission of San Diego ' DEC - 21996 Exhibit C AW4#— F m a C i, C'' a� h Q r r 1 ,j J6 -17 "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)" App►eved by the Local Agency Formation Commission of San Diege Ll__ Z11 AL F (C (C 1600 Pacific Highway • Room 452 San Diego, CA 92101 • (619) 531 -5400 San Diego Local Agency Formation Commission Alternate Members Greg Cox County Board of c� Chairman MICHAEL D. OTT Harry Mathis May 12, 1997 C Councilmember, City of San Diego Members MDO.na Bill Horn County Board of Distribution: Supervisors TO: Subject Agencies Dianne Jacob City of Encinitas County Board of Supervisors FROM: Local Agency Formation Commission Shirley Horton Mayor, City of SUBJECT. "Dissolution of Geologic Hazard Abatement District No 1 Chula Vista (Neptune Avenue)" (DT96 -17) Lori Howard Councilmember, City of Santee Transmitted herewith for your information is a copy of the recorded Executive Dr Lillian M. Childs Helix Water District Officer's Certificate of Completion, Certificate of Terms and Conditions, and the conducting authority's final resolution for the above - referenced change John Sasso Borrego water District of organ anization. g g Andrew L. Vanderlaan Public Member Alternate Members Greg Cox County Board of Supervisors MICHAEL D. OTT Executive Officer Julianne Nygaard Councilmember, City of Carlsbad MDO.na Juan Vargas Councilmember, Distribution: City of San Diego City of Encinitas Ronald W Wootton Vista Fire Protection District David A. Perkins Public Member Executive Officer (Calif Gov't Code Section 57203) Michael D Ott Counsel John J. Sansone RECORDING REQUESTED BY: San Diego County LAFCO AND WHEN RECORDED MAIL TO: 1334 LAFCO MS A216 � f / OC . #1927- - 0164886 D flFR _ 1997 -10 -251 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFF ICE GREGORY SMITH, COUNTY RECORDER FEES: 0.01 THIS SPACE FOR RECORDER'S USE ONLY Certificate of Completion "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)" (DT96 -17) (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 1335 SAN DIEGO COUNTY Please return to: LOCAL AGENCY FORMATION COMMISSION LAFCO CERTIFICATE OF COMPLETION MS A216 "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)" DT96 -17 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: City or District Type of Change of Organization Geologic Hazard Abatement District No. 1 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. A legal description and map of the boundaries of the above -cited change of organization /reorganization are included in said resolution. 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 organization /reorganization, and have found that document to be in compliance with the Commission's resolution approving said change of organization /reorganization. I further certify that (1) resolutions agreeing to accept a negotiated exchange of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiations, have been submitted to this office, or (2) a master property tax exchange agreement pertinent to this jurisdictional change is on file. i Date, March 31, 1997 MICHAEL D. OTT Executive Officer CERTIFICATE RE TERMS AND CONDITIONS AND INDEBTEDNESS Chairwoman Dianne Jacob Subject "Dissolution of Geologic Hazard Abatement District No 1 County Boara of (Neptune Avenue)" (DT96 -17) Suoervisors Members Bill Horn County Bcard of Suoerviscrs Shirley Ho^or, Mayor C r. c Chula V sta Lori Hcwarc Councimemoer C.tv of Santee Harry Math is Councilmemoer C.tv of San D eoo Or Lillian M Ch;ics Heim Water District John Sasso President. Borrego Water D str ct Andrew L Vancernaar Public Me noer Alternate Members Greo Cox County Bcara of Suoerviscrs Julianne Nvoaaro Councilmemoer C ty of Carlsbad Juan Vargas Counctlmemoer C,te of San Diego Certain terms and conditions are required by the Local Agency Formation Commission to be fulfilled prior to the completion of the above -named change of organization I Lauren Wasserman (Name) City Manager ( Title) do hereby certify that the terms and conditions listed below have been fully met. 1 Effective date of dissolution shall be the date of recordation with the County Recorder (Government Code Section 56844[p]) 2 As of the effective date of dissolution Geologic Hazard Abatement District No 1 (Neptune Avenue) shall be dissolved terminated, disincorporated and extinguished and all its corporate powers shall cease (Government Code Section 56844[v]) 3 The City of Encinitas shall be designated as the successor to the Geologic Hazard Abatement District for the purpose of succeeding to all the rights, duties and obligations of the District with respect to the enforcement, performance or payment of any contracts and obligations of the District (Government Code 56844[m]) 4 All property, whether real or personal, including all moneys (Including cash on hand and moneys due but uncollected) of the dissolved District shall be transferred to and vested In the City of Encinitas (Government Code Section 56844[h & 1]) Ronald W Woottcr Vista Fire Protection Dr�,,rct5 D,iVld A �eikms PIIDIIC Me'n Der Executive Officer Michael D 'It Counsel J ,l,ii J 111'.0110 Payment of any fees or charges necessary to cover expenses of the proposed dissolution shall be paid by the District Such fees or charges, If any, may include, but are not limited to processing fees charged by the Local Agency Formation Commission and processing fees charged by the State Board of Eq.:allzatlon (Government Code Section 56844[v]) 1337 Certificate Re Terms and Conditions and Indebtedness Subject "Dissolution of Geologic Hazard Abatement District No 1 (Neptune Avenue) Page 2 Will the affected property be taxed for any existing bonded indebtedness or contractual obligation? Yes _ No x If yes, specify .�-�C► -cam... �%� _�• /..,fr= .��S�- �C�.._ Signature Date PESO = ION NO. 97 -65 1338 =DAY, MARCH 11, 1997 ATTACHMENT A RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING DISSOLUTION OF GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) WITHOUT AN ELECTION ON MOTION of Supervisor ibberts Seconded by Supervisor Cox the following Resolution is adopted: WHEREAS, the City of Encinitas adopted its Resolution of Application for Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue) on August 28, 1996, and subsequently thereto filed certified copies of said Resolution with the Local Agency Formation Commission; and WHEREAS, the Board of Supervisors found, as provided in Government Code Section 57083, that the Board of Directors of the Encinitas Geologic Hazard Abatement District No. 1 (Neptune Avenue) has, by unanimous resolution, consented to the dissolution of the District; and WHEREAS, on December 2, 1996 (5), the Local Agency Formation Commission of San Diego County adopted its Resolution Approving the Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue) subject to the terms and conditions stated therein, and authorized the Board of Supervisors to initiate and conduct proceedings for the dissolution of said District in compliance with the Commission's Resolution; and WHEREAS, the Clerk of the Board of Supervisors set March 11, 1997, at 10:00 a.m., in Room 310, as the date, time, and place of the hearing on the proposed dissolution and did give notice by publication and posting, as provided in Chapter 4 (commending with Section 56150) of Part 1; and WHEREAS, at the time and place set for the hearing on the Resolution of Dissolution, prior to consideration of protests, the Commission's Resolution making determinations was read aloud or summarized, and at such hearing the Board of Supervisors heard and received all oral and written protests, objections or evidence which were made, presented or filed, as provided in Government Code Section 57050; NOW THEREFORE IT IS RESOLVED, ORDERED AND DETERMINED AS FOLLOWS: 1. This proposal fo the Cortese /Knox (commencing with 2. The proposal for of the Encinitas 56650. r dissolution was made pursuant to the provisions of Local Government Reorganization Act of 1985 Section 56000 of the Government Code). dissolution was made by Resolution of Application City Council as provided in Government Code Section 3. The reasons for the dissolution of the District is that the Geologic Hazard Abatement District No. 1 is now considered inactive because: (a) property protection has been accomplished; (b) an acceptable financing mechanism to sustain the Geologic Hazard Abatement 3/11/97 (4) 000004 MAR 1197 1339 - 2 - District has not been established; and (c) no other funding source, including city support, has been approved. 4. The Board certifies that the determination by the City of Encinitas that this dissolution is exempted by Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) has been reviewed and considered. 5. The dissolution of Geologic Hazard Abatement District, No. 1 is hereby ordered without an election, as provided in Government Code Section 57083, subject to the terms and conditions stated herein. IT IS FURTHER ORDERED that the Clerk of the Board immediately transmit six certified copies of this Resolution to the Executive Officer of the Local Agency Formation Commission of San Diego County, so that the Executive Officer may make the filings required by Chapter 8 (commencing with Section 56450), Part 5, Division 1, Title 6 of the Government Code and by Chapter 8 (commencing with Section 54990) Part 1, Division 2, Title 5 of the Government Code. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 11th day of March , 1997, by the following vote: AYES: Cox, Jacob, Roberts, Horn NOES: None ABSENT: Slater I hereby certify that the foregoing is a full, true and correct copy of the Original Resolution which is now on file in my office. THOMAS J PASTUSZKA Clerk of the Board of Supervisors 13, 2-x- )� Beverly Ruth, Deputy Resolution No 97 -65 3/11/97 (4) ;. 1a'1 000005 MAR 1197 ATTACHMENT B 1,340 Minute Item 5 Ref Nos.. S196 -17, DT96 -17 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO ADOPTING A ZERO SPHERE OF INFLUENCE FOR THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) AND MAKING DETERMINATIONS AND APPROVING THE "DISSOLUTION OF GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE)" On motion of Commissioner Horn, seconded by Commissioner Howard, 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 governmental agency within the County; and WHEREAS, an application has been made to adopt a sphere of influence for the Geologic Hazard Abatement District No. 1 (Neptune Avenue), and WHEREAS, a resolution of application was submitted to this Commission for dissolution of the Geologic Hazard Abatement District No. 1 (Neptune Avenue), which resolution was adopted by the City Council of Encinitas as Resolution No. 96 -71, dated August 28, 1996, pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the territory proposed for adoption of a zero sphere of influence and dissolution is as described in the application on file with the Local Agency Formation Commission; and WHEREAS, t, e Executive Officer of the Commission has filed his report on said adoption of a zero sphere of influence and district dissolution, which report was received and considered by the Commission, and WHEREAS, pursuant to Government Code Sections 56427 and 56828, the Executive Officer of this Commission set a public hearing on the proposed adoption of a zero sphere of influence and district dissolution for December 2, 1996, and gave notice of the date, time, and place of said hearing in accordance with Government Code Sections 56834 and 56835; and NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows 000006 MAR 11 ?7 1341 (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 the Commission called for, heard, and considered all interested parties and read and considered the report of the Executive Officer. (3) In accordance with Government Code Section 57002, the Commission hereby declares that this action requires a noticed public hearing by the conducting authority. (4) The Commission certifies that the determination by the City of Encinitas that adoption of a zero sphere of influence and the district dissolution are exempted by State CEQA Guidelines Section 15061(b)(3) from the requirements of CEQA has been reviewed and considered. (5) The Commission has considered the factors enumerated in Section 56425 prior to adopting the zero sphere of influence for the Geologic Hazard Abatement District No 1 (Neptune Avenue). (6) -The Commission hereby determines that a zero sphere of influence shall be adopted for the Geologic Hazard Abatement District No. 1 (Neptune Avenue), and adopts the Statement of Determinations as provided in Exhibit C pursuant to Section 56425 of the Government Code (7) The Commission hereby approves the dissolution with boundaries as described in Exhibit A attached hereto, subject to the conditions as stated in Exhibit B. (8) The boundaries of the territory as described in Exhibit A are definite and certain (9) The boundaries of the territory do conform to lines of assessment and ownership (10) The district is a property -owner district. (11) The territory is inhabited. (12) The territory proposed for district dissolution is hereby designated the "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)." (13) The Commission hereby designates the County of San Diego as the conducting authority and authorizes the Board of Supervisors to conduct proceedings in compliance with this resolution without an election. (14) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. 2 000007 MAR 1197 1342 Passed and adopted by the Local Agency Formation Commission of the County of San Diego this 2nd day of December, 1996, by the following vote: AYES: Commissioners Horn, Horton, Howard, Jacob, Vanderlaan, and Wootton NOES: None ABSENT: Commissioners Childs, Mathis, and Sasso ABSTAINING: None STATE OF CALIFORNIA) ) SS COUNTY OF SAN DIEGO) I, MICHAEL D. OTT, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on December 2, 1996, 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. Witness my hand this 5th day of December, 1996. MICHAEL D. OTT Executive Officer San Diego Local Agency Formation Commission 000008 MAR 1197 1343 DT9 6 - 17 DISSOLUTION OF THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 1 OF 2 000009 MAR 1197 ADDRESS MAP BLOCK LOT APN 312 NEPTUNE AVE 1800 B 3 256- 352 -03 314 NEPTUNE AVE 1800 B 3 256- 352 -03 320 NEPTUNE AVE 1800 B '2 256- 352 -02 322 NEPTUNE AVE 1800 B 2 256- 352 -02 330 NEPTUNE AVE 1800 B 1 256- 352 -01 340 NEPTUNE AVE 1800 C 19 256- 282 -19 350 NEPTUNE AVE 1800 C 18 256- 282 -18 354 NEPTUNE AVE 1800 C 17 256 - 282 -17 364 NEPTUNE AVE 1800 C 15 256- 282 -15 364 NEPTUNE AVE 1800 C 16 256- 282 -16 370 NEPTUNE AVE 1800 C 14 256- 282 -14 378 NEPTUNE AVE 1800 C 13 256- 282 -13 386 NEPTUNE AVE 1800 C 12 256- 282 -12 396 NEPTUNE AVE 1800 C 11 256- 282 -11 402 NEPTUNE AVE 1800 C 10 256- 282 -10 410 NEPTUNE AVE 1800 C 9 256- 282 -09 412 NEPTUNE AVE 1800 C 9 256- 282 -09 416 NEPTUNE AVE 1800 C 8 256 - 282 -25 418 NEPTUNE AVE 1800 C 7 256- 282 -27 432 NEPTUNE AVE 1800 C 6 256- 282 -26 436 NEPTUNE AVE 1800 C 5 256 - 282 -05 438 NEPTUNE AVE 1800 C 3 256 - 282 -21 452 NEPTUNE AVE 1800 C 4 256- 282 -23 NEPTUNE AVE 1800 (PUBLIC PARK) 256- 261 -10 470 NEPTUNE AVE 1800 D 10,11 256- 261 -09 478 NEPTUNE AVE 1800 D 9 256- 261 -08 480 NEPTUNE AVE 1800 D 9 256- 261 -08 492 NEPTUNE AVE 1800 D 8 256- 261 -07 494 NEPTUNE AVE 1800 D 7 256 - 261 -06 498 NEPTUNE AVE 1800 D 6 256 - 261 -05 502 NEPTUNE AVE 1800 D 5 256- 261 -04 504 NEPTUNE AVE 1800 D 5 256- 261 -04 510 NEPTUNE AVE 1800 D 4 256- 261 -03 518 NEPTUNE AVE 1800 D 3 256- 261 -02 522 NEPTUNE AVE 1800 D 1,2 256- 261 -01 CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 1 OF 2 000009 MAR 1197 1344 DISSOLUTION OF THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) „-oed by the local Agency Formati: Commission of San Diego DEC - 21996 CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 2OF2 000010 MAR 1197 fL, ADDRESS MAP BLOCK LOT APN 524 NEPTUNE AVE 1800 D 1,2 256- 261 -01 528 NEPTUNE AVE 1935 E 1 256- 084 -09 532 NEPTUNE AVE 1935 E 1 256- 084 -09 254 NEPTUNE AVE 1935 E 3 256- 084 -08 560 NEPTUNE AVE 1935 E 4,5 256- 084 -07 150 NEPTUNE AVE 1800 A 8 256- 371 -04 172 NEPTUNE AVE 1800 A 4 256- 371 -18 164 NEPTUNE AVE 1800 A 5 256- 371 -19 270 NEPTUNE AVE 1800 B 10 256- 352 -10 678 NEPTUNE AVE 1935 E 19 256- 051 -07 1112 NEPTUNE AVE 1859 12,D 17 254 - 241 -09 1114 NEPTUNE AVE 1859 12,D 17 254 - 241 -09 1030 NEPTUNE AVE 1859 12 5 254 - 301 -01 1630 NEPTUNE AVE (NO MAP) 254- 040 -08 NEPTUNE AVE 1859 (NO ADDRESS NO. ASSIGNED) 254 - 241 -06 „-oed by the local Agency Formati: Commission of San Diego DEC - 21996 CORRRECTED FROM DESCRIPTION SUBMITTED (1117196) EXHIBIT A PAGE 2OF2 000010 MAR 1197 fL, DISSOLUTION OF 1345 GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) Approved Terms and Conditions 1. Effective date of dissolution shall be the date of recordation with the County Recorder (Government Code Section 56844[p]). 2. As of the effective date of dissolution, Geologic Hazard Abatement District No. 1 (Neptune Avenue) shall be dissolved, terminated, disincorporated and extinguished and all its corporate powers sh ail cease (Government Code Section 56844[v]). 3 The City of Encinitas shall be designated as the successor to the Geologic Hazard Abatement District for the purpose of succeeding to all the rights, duties and obligations of the District with respect to the enforcement, performance or payment of any contracts and obligations of the District (Government Code 56844[m]) 4 All property, whether real or personal, Including all moneys (including cash on hand and moneys due but uncoil: -,,-t i` of the dissolved District shall be transferred to and vested in the City of Encinir-, . 3overnment Code Section 56844[h & 1]). 5. Payment of any fees or charges necessary to cover expenses of the proposed dissolution shall be paid by the District. Such fees or charges, if any, may Include, but are not limited to, processing fees charged by the Local Agency Formation Commission and processing fees charged by the State Board of Equalization (Government Code Section 56844[v]) _ : - d by the Local Agency Format:. Commission of San Diego DEC - 2 1996 Exhibit B 00001.1 MAR 1197 1346 STATEMENT OF DETERMINATIONS ADOPTION OF A ZERO SPHERE OF INFLUENCE FOR THE GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE AVENUE) "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)" The following statement of determinations is prepared pursuant to Section 56425 of the Government Code for designation of a zero sphere of influence for the Geologic Hazard Abatement District No. 1 (Neptune Avenue). (1) The present and planned land uses in the area including agricultural and open space lands The District includes 50 residences on the west side of Neptune Avenue in the City of Encinitas. Land uses within the District are regulated by the City of Encinitas and there are no plans to change existing land uses. (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 District is not currently providing any services. LAFCO's adopted sphere guidelines indicate that a zero sphere should be designated for an agency when the provision of its services are no longer required. (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 the adoption of a zero sphere of influence for the Geologic Hazard Abatement District No 1 (Neptune Avenue) a� by the Local Agancy Forman Commission of San 01690 DEC - 2 1996 7 lfi c Exhibit C 00001: MAE 1197 INc�M Grand��eW apd Acc ee" i, and n's qc Stoneste p and s ACC 31 Z-1 Ili M��n�'8ht eea � St. q CCe3 DT96 -17 "Dissolution of Geologic Hazard Abatement District No. 1 (Neptune Avenue)" (EXHIBIT D) 1347 "M IM lath Amy F;,. COII111 "'Im"Sn C"", DEC - Z 1996 000012 MAR 1197 ATTACHMENT C 1348 RESOLUTION NO. 96 -67 A RESOLUTION OF THE ENCINITAS GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 (NEPTUNE STREET), ENCINITAS, CALIFORNIA, UNANIMOUSLY CONSENTING TO THE DISSOLUTION OF THE ENCINITAS GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1 WHEREAS, the Encinitas Geologic Hazard Abatement District desires to dissolve the Encinitas Geological Hazard Abatement District No 1 (Neptune Street). NOW THEREFORE, BE IT RESOLVED AND DETERMINED that the Encinitas Geologic Hazard Abatement District No 1 unanimously consents to the dissolution of the Encinitas Geological Hazard Abatement District No 1 (Neptune Street). The City Clerk of the City of Encinitas is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission of the County of San Diego wit. PASSED AND ADOPTED this day of August, 1996 by the following vote, to AYES: Robert Frickman, Donald Pierce, Gwenn Truax NAYS: C; None ABSENT: Wanda Fulton ABSTAIN: i None s Donald Pierce, Chairman Encinitas Geologic Hazard Abatement District No. l ATTIE , r �Rut Go ssard C&hrni iA o�� ty of y0 � Recording Secretary domnowanM&famyank& tr..tomwhumtIban see �r d and &t Sal Ciq et Bnitaa c.�.QW.. C4 c,P -r C&PwWt'OW0909.doc 7130/96 3 000014 MAR 1197 7r) .4 Qno 0Ni Pn CT an 11A -4 rlt;Th- 1CC -FTQ X71 fln -4 T(T NIHC 11 -) - H