Reso 0823-08/1988 RESOLUTION NO. 823
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT SUPPORTING THE
NEED TO CHANGE LAFCO LEGISLATION
WHEREAS, the FALLBROOK PUBLIC UTILITY DISTRICT filed a
resolution of application with the LOCAL AGENCY FORMATION
COMMISSION on December 18, 1986, proposing a reorganization
for the incorporation of the City of Fallbrook; and
WHEREAS, said applicant did not propose that the
FALLBROOK SANITARY DISTRICT be reorganized as a subsidiary
district of the City of Fallbrook; and
WHEREREAS, the applicant did not intend to reorganize
the FALLBROOK SANITARY DISTRICT; and
WHEREAS, the LOCAL AGENCY FORMATION COMMISSION (LAFCO)
decided on December 9, 1987 that the FALLBROOK SANITARY
DISTRICT be made a subsidiary district of the incorporated
city on July 1, 1989, contrary to the recommendations
contained in the proponent's application for incorporation
and contrary to the overwhelming public testimony against
such an action; and
WHEREAS, a decision to either change or dissolve an
independent local public agency has serious economic,
financial and service-delivery consequences; and
WHEREAS, LAFCO made no effort to evaluate the
economic, financial or service-delivery impacts prior to or
as part of its proposed decision.
NOW, THEREFORE BE IT RESOLVED THAT THE Board of
Directors of the San Marcos County Water District does find
as follows:
SECTION I: It is in the best interest and welfare
of the citizens that special districts continue as
independent local public agencies committed to their
_ purposes. The privilege and responsibility to change that
decision rests rightfully and solely with the residents
served or effected by those agencies.
SECTION II. The LAFCO should not initiate a
reorganization of any independent local public agency, nor so
modify a reorganization proposed by a qualified applicant.
SECTION III. The LAFCO should not modify or
otherwise change a proposed reorganization to change in any
way the effect that proposed reorganization would have on an
independent local public agency.
Resolution No. 823
Page Two
SECTION IV. The legislature of the State of
- California should clarify the Cortese-Knox Reorganization Act
to underscore the legislature's original and on-going intent
to prohibit LAFCO's from originating, initiating, changing or
otherwise modifying an application or proposal for
reorganization.
PASSED, APPROVED AND ADOPTED by the Board of Directors
of the San Marcos County Water District at a Regular Board
Meeting held this 1st day of August, 1988, by the following
roll call vote:
AYES: DIRECTORS: Mahr, Mason, Rutherford, Fergus0n
NOES: DIRECTORS:
ABSTAIN: DIRECTORS:
ABSENT: DIRECTORS: Newport
Boar~~t~orsON, ~e~ident
San Marcos County Water District
ATTEST:
WILLIAM W. RUCKER, Secretary
Board of Directors
San Marcos County Water District