Fallbrook Must Include Sewer District in Cityhood Bid

The Fallbrook Sanitary District lost an effort in San Diego Superior Court on Monday to disassociate itself from the proposed city of Fallbrook when voters there decide June 7 whether to incorporate the North County community.

The ruling by Superior Court Judge Jack Levitt means that, should voters in Fallbrook vote to incorporate, the new city will within six months take on managing the sewage disposal system now administered by the sanitary district.

Incorporation supporters had hoped that both the Fallbrook Sanitary District and Fallbrook Public Utilities District could remain independent of the new city for a year or more, continuing to autonomously provide sewer and water services while the new city government got on its feet. At some later time, the two special districts could merge with the new city, incorporation backers had hoped.

But the Local Agency Formation Commission, in deciding that Fallbrook was ready to become its own city, had ruled in December that both the sanitary and utility districts should merge within six months under the umbrella of municipal government.

The sanitary district sought a writ of mandate in court to change those ballot terms, but on Monday Levitt said he would not separate the district from the overall incorporation issue.

Janet Morningstar, an attorney representing the sanitary district, had argued that LAFCO failed to take into account the current level of services provided by the district and how that service and the cost of it might be affected if the district were to be merged into the new city immediately.

She said LAFCO also failed to provide the district with enough notice of its decision and an opportunity to propose an alternative solution.

Appeal Planned

She said the district would appeal Levitt’s decision. Should an appeal not be heard before the ballot language is prepared, the district will seek a court order removing the sanitary district from the new city after the election should incorporation be approved, she said.

The district will continue to remain impartial on incorporation itself, she said.

William B. Smith, a deputy county counsel representing LAFCO, said it was the commission’s position that the sanitary--as well as water--district should be taken over by the new city “in order for the city to be able to coordinate its land-use function with its utility function.” LAFCO generally prefers to consolidate as many special districts as possible when communities incorporate, he noted.

Al Fuller, spokesman for the Fallbrook Incorporation Coalition, said his organization is continuing to campaign for cityhood, Levitt’s decision notwithstanding.

“We’re convinced it will not negate the incorporation efforts one way or the other,” Fuller said Monday. “We didn’t agree with the LAFCO decision, but we’ll go ahead and let the voters decide. We are in favor of the eventual inclusion of the special districts to the town council anyway.”