HomeMy WebLinkAbout2025-04-10; Notice Letter to the City of Encinitas Regarding the 101 Leucadia Drainage "Big Water" Plan Project (District 4); Gomez, PazCouncil Memorandum
April 10, 2025
To:
From:
Via:
Honorable Mayor Blackburn and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Sheila Cobian, Assistant City Manager~~
{city of
Carlsbad
Memo ID 2025028
Re: Notice Letter to the City of Encinitas Regarding the 101 Leucadia Drainage "Big Water"
Plan Project (District 4)
This memorandum provides a summary of the key concerns outlined in a recent letter from
Carlsbad to the City of Encinitas dated March 20, 2025 (Exhibit 1) regarding the 101 Leucadia
Drainage "Big Water" project.
Background
Encinitas is proposing to connect a portion of its drainage system to Carlsbad's storm drain
infrastructure to address localized flooding in Encinitas. While coordination occurred between
staff members from both cities from 2022 to 2025, approval has not been granted by Carlsbad.
Encinitas cites a 2004 stormwater easement (Attachment A to Exhibit 1); however, the proposed
design appears to exceed the easement's scope. Staff have also identified several other issues
requiring further review with Encinitas.
Discussion
The 101 Leucadia Drainage Project and Potential Issues
Encinitas is constructing a drainage improvement project along North Coast Highway 101 in the
Leucadia community, generally between La Costa Avenue and Basil Street, intended to mitigate
localized flooding. The project involves constructing a large storm drain to convey runoff
northward, ultimately discharging peak flows and stormwater volumes into Carlsbad's existing
storm drain infrastructure near the intersection of North Coast Highway 101 and La Costa
Avenue. However, Carlsbad's system was not designed to accommodate these additional flows.
Despite a review process including meetings and email correspondence to address the proposed
increase in volume and intensity of runoff to the City of Carlsbad, Encinitas staff have not
provided sufficient technical documentation or justification for Carlsbad staff to fully evaluate
the proposed design or assess its potential impacts to Carlsbad drainage infrastructures. A
summary of the key concerns include:
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2980 t
Council Memo -101 Leucadia Drainage "Big Water" Plan Project {District 4)
April 10, 2025
Page 2
• Unauthorized Use of Carlsbad's Infrastructure -The project extends beyond the scope of
the existing easement's drainage area and approved infrastructure use, potentially
increasing Carlsbad's liability and maintenance responsibilities.
• Flooding Risks -It is unclear whether Carlsbad's existing drainage system can
accommodate the additional flow from Encinitas without increasing flood risks.
• Water Quality Impacts -Additional runoff may introduce pollutants into sensitive areas,
such as the Batiquitos Lagoon, with potential regulatory implications.
• Construction Phasing-The project scope lacks clarity on drainage management during
construction, raising concerns about potential disruptions.
• Long-Term Impacts -Key assumptions regarding flow capacity, run-off volumes, drainage
patterns and ongoing maintenance responsibilities remain unclear and unresolved.
Next Steps
The letter from Carlsbad to Encinitas requested a meeting to discuss these outstanding issues.
Encinitas's City Attorney reached out to Carlsbad's City Attorney to schedule the meeting, which
is being coordinated for a mutually convenient time and location.
Exhibit: 1. Letter to the City of Encinitas dated March 20, 2025
cc: Geoff Patnoe, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Amanda Flesse, Utilities Director
Tom Frank, Transportation Director/City Engineer
Jason Haber, Intergovernmental Affairs Director
Kyle Lancaster, Parks & Recreation Director
Jeff Murphy, Community Development Director
Sarah Lemons, Interim Communication & Engagement Director
Hossein Ajideh, Engineering Manager
David Edwards, Senior Engineer
EXHIBIT 1
March 20, 2025
Ms. Jill Bankston, P.E.
Director of Engineering/City Engineer
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024-2056
Dear Ms. Bankston:
{c ity of
Carlsbad
VIA EMAIL
This letter is responsive to your email dated January 15, 2025, that provides that after
attempting to work with the City of Carlsbad ("Carlsbad") and finding those efforts to be
"unfruitful," the City of Encinitas ("Encinitas") unilaterally proceeded with the 101 Leucadia
Drainage "Big Water" Plan project, or Project, that, in part, connects to and makes use of
Carlsbad drainage infrastructure.
Carlsbad strongly disagrees that any passage of time for inter-agency coordination constitutes
any sort of waiver of Carlsbad's property rights nor has Carlsbad provided implied consent for
Encinitas to proceed. In fact, Carlsbad repeatedly tried to address the impacts and concerns of
the Project, which are described in greater detail below.
Carlsbad previously objected to the use of Carlsbad's drainage infrastructure by Encinitas
related to this Project, and this letter serves as written notice that Encinitas is infringing on
Carlsbad's property rights by having proceeded of its own accord without Carlsbad's approval.
The unilateral decision by Encinitas to connect to Carlsbad drainage infrastructure was, by your
own admission, due to funding constraints and seems to have been a risk calculation made by
Encinitas.
Carlsbad also strongly disagrees that Encinitas has the authority to use Carlsbad infrastructure
under the existing stormwater easement dated June 4, 2004 ("Existing Easement") in
Attachment A. The Project exceeds the terms of the Existing Easement based on both the
drainage area that is described and the exhibits depicting the approved use of the
infrastructure. Even under the Existing Easement, Carlsbad has the right to require the
relocation of Encinitas's infrastructure. This letter serves as notice that Encinitas has exceeded
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2746
Ms. Jill Bankston, P.E.
March 20, 2025
Page 2
the scope of the Existing Easement and must promptly relocate its infrastructure to remove it
from Carlsbad's drainage infrastructure.
Encinitas connecting its Project to (and making use of) Carlsbad's drainage infrastructure is
problematic because it increases Carlsbad's regulatory risk and actual risk. Specifically, by
increasing the watershed area that drains into Carlsbad's municipal separate storm sewer
system (MS4), Encinitas has increased pollutant loading during wet weather causing beach and
lagoon water quality to degrade. Further, the addition of dry weather flows from illicit
discharges and other nuisance flow has the following negative impacts to Carlsbad: (1) triggers
the requirements of existing Bacteria Total Maximum Daily Load (TMDL), (2) likely increases the
number of beach advisory days, (3) increases vegetation growth in the open channel creating
wetland habitat. Further, as Encinitas well knows, the co-mingling of runoff from agencies
makes it difficult to assign liability to future regulatory actions and increases the water quality
regulatory risk for Carlsbad.
Beyond regulatory risk, Carlsbad is concerned with the actual risks created by the Project and
the unilateral decision to use Carlsbad's drainage system . If the system is not accurately
modeled, which Carlsbad has yet to see sufficient evidence of, then storm events may
overwhelm drainage infrastructure, leading to property damage, road closures and emergency
repairs. Further, it is not clear to Carlsbad that the long-term maintenance costs of the Project
have been accounted for, nor has Encinitas agreed to assume them. Incorrect assumptions
about basin capacity and flow patterns lead to increased maintenance expenses for Carlsbad in
perpetuity.
To resolve this dispute, Carlsbad requests a meet and confer with Encinitas to discuss these
issues as soon as possible.
Sincerely,
Tom Frank, P.E.
Director of Transportation/City Engineer
Attachment: A. Letter to City of Encinitas dated June 26, 2002, with Existing Easement
cc: Geoff Patnoe, City Manager
Cindie McMahon, City Attorney
Sheila Cobian, Assistant City Manager
Paz Gomez, Deputy City Manager, Public Works
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
CINDIE K. McMAHON
DEPUTY CITY ATTORNEY
JULIA L. COLEMAN
DEPUTY CITY ATTORNEY
EXHIBIT 1, ATTACHMENT A
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891
FAX: (760) 434-8367
June 26, 2002
Glenn Sabine, City Attorney
City of Encinitas
505 S. Vulcan Avenue
Encinitas, California 92024-3633
RE: STORM DRAIN EASEMENT
Dear Mr. Sabine:
RANDEE HARLIB
SECRETARY TO CITV ATTORNEY
ARDIS SEIDEL
LEGAL SECRETARY/PARALEGAL
Please find enclosed a copy of the City of Carlsbad's agenda bill and resolution
regarding the above referenced project, for your files.
It was a pleasure assisting the City of Encinitas with this project.
afs
Enclosure
Very truly yours,
·~/hf
IA COLEMAN
D puty City Attorney
c: John Maashoff, Associate Engineer
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CITY OF CARLSBAD -AGENDA BILL
AB# 16,795
MTG. 6/18/02
TITLE: APPROVAL OF A STORM ORA.IN EASEMENT DEPT. HD.
TO THE CITY OF ENCINITAS FOR THE BENEFIT OF THE ~
CITIES OF ENCINITAS AND CARLSBAD CITY ATTY. -~------
DEPT. CA CITY MGR.
RECOMMENDED.ACTION:
Adopt Resolution No. 2002-178 approving a storm drain easement to the City of
Encin_itas, which easement will benefit both the Cities of Encinitas and Carlsbad.
ITEM EXPLANATION:
The City of Encinitas has formally requested a storm drain easement from the City of
Carlsbad to accommodate placement of a storm drain system underneath a portion of
Carlsbad Boulevard. The storm drain system will benefit both the cities of ·Encinitas and
Carlsbad by colfecting runoff along Highway 101 and Caflsbad Boulevard. The City of
Encinitas will install, operate and maintain the storm drain system, at its own risk and
expense, along, west of, and east of Highway 101, beginning at Athena Street and extending
through to La Gosta Avenue. An existing catch basin west of Carlsbad Boulevard, at
Carlsbad State Beach, will be connected to this new storm drain. This catch basin collects
runoff from Carlsbad Boulevard near Carlsbad's southern City limits. The storm drain system
will affect approximately 3423 square feet of Carlsbad Boulevard south of La Costa Avenue.
An overflow pipe will be installed at Carlsbad State Beach, which will help prevent flooding on
Carlsbad Boulevard due to overflow from the detention • basins at Carlsbad State Beach
during larger storm events. Finally, a combination-of oil/water separators, new landscaping
at the storm drain outlet, and an outlet structure which wilt trap sedimentation and trash, will
help improve water quality at the discharge point at Carlsbad State Beach, and will satisfy
NPDES requirements.
FISCAL IMPACT:
Because the City of Carlsbad owns the parcel of land burdened by the storm drain easement
there is no fiscal impact on the City from the recommended action.
ENVIRONMENTAL REVIEW:
In early 1999, the City of Encinitas prepared an Initial Study, and routed plans through the
State Clearinghouse. The review period for State Agencies closed on May 14, 1999 without
any comments from the State Agencies. On June 9, 1999, the City Council of the City of
Encinitas adopted a Negative Declaration for the project. The City of Encinitas has obtained
all of the necessary permits for the project.
EXHIBITS:
~ 1. Resolution No. 2002-118
~ 2. Storm Drain Easement
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RESOLUTION NO. 2002-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAO, CALIFORNIA APPROVING A STORM DRAIN
EASEMENT TO THE CITY OF ENCINITAS AND FOR THE
BENEFIT OF THE CITIES OF ENCINITAS AND CARLSBAD
WHEREAS, the City of Encinitas has formally req~ested that the City of
Carlsbad grant the City of Encinitas a Storm Drain easement that would allow the City
of Encinitas to install a storm drain system through a parcel of land owned by the City of
Carlsbad; and •
WHEREAS, the storm • drain system the City of Encinitas is installing,
operating and maintaining at its own risk and expense, will benefit both the Cities of
Encinitas and Carlsbad by collecting runoff along High~ay. 101 and Carlsbad
Boulevard, and preventing flooding on Carlsbad Boulevard due to overflow from the
detention basins at Carlsbad State Beach during larger storm events and;
WHEREAS, the C.ity Council of the City of Carlsbad, California has
d~termined it n~cessary and in· the public interest to grant .a Storm Drain easement to
the City of Encinitas for installation of storm drain improvements along Carlsbad
Boulevard near Carlsbad's southern City boundary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the attached Storm Drain easement is hereby granted to the
City of Encinitas for the purpose described therein.
3. That the City Clerk of the City of Carlsbad is authorized to sign the
attached Storm Drain easement on behalf of the City Council.
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PASSED, APPROVED .AND ADOPTED at a regular meeting of the
Car1sbad City Council held on the --=1=8t=h:.--day of _.;...· J;;..;UN=E __ , 2002 by the
following vote, to wit:
AYES: Council Members Lewis. Kulchin, Finnila, Nygaard~ Hall
NOES: None
ABSENT: None • . ;
Page 2 of 2 of Resolution No. 2002-178 2
-m~
City Clerk
3
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RECORDING REQUESTED BY
WHEN RECORDED r.,AIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
THE ORIGINAL OF THIS DOCUMENT
WAS r..'ECORDED 00 JUN ~, 2002
DOCUMENT HUMBER 2002-055070?
IM:GORV J. SMITH, COUITTV RECORDER
SAH DIEGO COUNTY RECORDER'S OFFICE
TIME: 4:21 PM
Space Above This Line is for Recorder's Use
Assessor's Parcel No: 216-04
STORM DRAIN EASEMENT
The City of Carlsbad hereby grants to the City of Encinitas a Storm Drain
easement for the purposes stated hereon; over, under, across and upon the real
property described in Exhibit "A" for the benefit of the property referred to in
Exhibit "C". This easement is granted to the City of Encinitas effective
immediately and in perpetuity.
The property burdened by the Storm Drain easement is described in Exhibit
"A", which includes a plat labeled Exhibit "B", and is attached hereto and
incorporated herein by this reference.
The property benefited by the Storm Drain easement is described in Exhibit
"C", which is attached hereto and incorporated herein by this reference.
The Storm Drain easement provides access to the parcel described in Exhibit
"A" to the City of Encinitas for installation of a storm drain which will serve the
Cities of Carlsbad and Encinitas. The storm drain will run over, under, across
and upon the burdened property for the benefit of the property benefited and any
successors in interest to the property benefited by this Storm Drain easement.
The storm drain will drain areas west of Highway 101 from Athena Street to
Carlsbad State Beach, a North County Transit District right of way in Northern
Encinitas, Highway 101/Carlsbad Boulevard from Athena Street to Carlsbad
State Beach, Vulcan Avenue from Orpheus Avenue to Basil Street, and areas
east of Vulcan Avenue.
This Storm Drain easement shall run with the land, and the burdens of the
easement shall be binding upon and the benefits of the easement shall inure to
the benefit of all successors in interest to the real property.
The City of Encinitas shall, at its own risk and expense, install, maintain and,
if necessary at any time, upon the request of the City of Car!sbad, relocate the
above-described storm drain facilities. The City of Encinitas shall, in addition,
16,795
6/18/02 t/4
indemnify and hold the City of Carlsbad free and harmless from any and all
claims, demands, losses, damages, or expenses resulting from the construction,
maintenance, use, repair or removal of the storm drain facilities, including any
loss, damage, or expense arising out of (1) loss or damages to property and (2)
injury to or death of any person.
Dated: June 24. 2002
APPROVED AS TO FORM:
RONALD R. BALL
City
5
Ma'y-2~-02 1l7:2Bam From-T-089 P.002/006 F-994
EXB:IBI'l' "A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 216-04
VESTING: THE CITY OF CARLSBAD
THAT PORTION OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BE~INO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
SAID PORTION LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEVARD
(OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY I?LANS XI-SD-2-B SHEET
8 OF 29 APPROVED DECEMBER 26, 1933, COMMENCING AT A FOINT ON THE
CENTER LINE OF COAST HIGHWAY 101 1 SAID POINT BEING A POINT ON A
CURVE OF THE "B" LINE AT ENGINEERING STATION 132+00 PER SAID STATE
HIGHWAY PLANS, FROM SAID POINT A RADIAL LINE BEARS SOUTH 6€0 09' 39"
WEST (SOUTH 65° 29' 47" REC.); THENCE ALONG SAID RADIAL LINE 50. 00
FEET TO AN ANGLE POINT ON TBE WESTERLY RIGHT-OF-WAY LINE OF COAST
HIGHWAY 101 PER SAID HIGHWAY PLANS; THENCE ALONG SAID RIGHT-OF-WAY
NORTH 34°41' 56" WEST 679.28 FEET (NORTH 35°21' 48" WEST 679.28 FEET
REC.); THENCE NORTH 43° 04'58" WEST 30.47 FEET (NORTH 43°44'50"
WEST REC.) BEING THE INTERSECTION OF THE SOUTHERLY CITY LIMITS OF
THE CITY OF CARLSBAD AND THE WESTERLY RIGHT-OF-WAY OF CARLSBAD
BOULEVARD BEING THE '!'RUE POJRr OF BEG~G; THENCE CONTINUING
ALONG SAID RIGHT-OF WAY. NORTH 43° 04' 58" WEST (NORTH 43° 44' 5-0"
WEST REC. ) 64 . 30 FEET THENCE LEAVING SAID RIGHT--:OF-WAY NORTH
42°43'08'' EAST 13.66 FEET; THENCE SOUTH 47°16' 52" EAST 66.05 FEET
TO A POINT ON THE SOUTHERLY CITY LIMITS OF THE CITY OF CARLSBAD;
THENCE SOUTH 48° 41' 50" WEST 18 -47 FEET ALONG SAID CITY LIMITS TO A
POINT ON SAID WESTERLY RIGHT-OF-WAY AND THE TRUE POINT OF
BEGINNING.
HAVING AN AREA OF 1,045 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B 11 •
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME 00R UNDER MY
DIRECTION.
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DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Woy Engineering Services,
Land Surveying
A.P.N.:
4167 AVENIDA DE LA PLATA. SUITE 114,
OCEANSIDE. CA. 92056
(760) 732-1366 ACAO FNAME:
CITY OF ENCINITAS
EASEMENT PLAT
216-04
VESTING:
CITY OF CARLSBAD
DRAWN: MJG DATE:6/6/02 SHEET:
Inc.
1 OF 2
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DIMENSIONS SHOWN HEREON
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TRUE POINT OF
BEGINNING
Right-of-Way Engineering Services. Inc.
A.P.N.:
Land Surveying
4167 AVENIDA DE LA PLATA, SUITE 114,
OCEANSIDE, CA. 92056
(760) 732-1366 ACAD FNAME:
CITY OF ENCINITAS
EASEMENT PLAT
216-04
(-::\-::::-::-::::-::-::::-::-::::-::-::::-::-::'.:-::-::\-::::-::-::::-::-::::-::-::) VESTING:
CITY OF CARLSBAD
1,045 SQUARE FEET
DRAWN: MJG DATE: 6/6/02 I SHEET: 2 OF 2
1.ia•y-Zij-02 •07:Z9am From-
EXHIS:t'l' 11 A"
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NUMBER: 216-04
VESTING: THE CITY OF CARLSBAD
T-089 P.005/006 F-994
THAT PORTION OF LOT 20, SECTION 33, TOWNSHIP ·12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE RIGHT-OF-WAY
OF CARLSBAD BOULEVARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY
FLANS FOR XI-SD-2-B SHEET 8 OF 29 APPROVED DECEMBER 26, 1933,
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID 2 0. 00
FOOT STRIP OF LAND AND THE CENTERLINE OF CARLSBAD BOULEVARD PER
SAID STATE HIGHWAY PLAN, SAID POINT OF INTERSECTION BEING A POINT
ON A CURVE OF SA.ID CENTERLINE OF CARLSBAD BOULEVARD AT EGINEERING
STATION 147+84.39 TO WHICH POINT A RADIAL LINE BEARS SOUTH
53°27' 01" WEST (52°47' 09" CALC. REC.); THENCE ALONG THE CENTERLINE
OF SAID 20.00 FOOT STRIP OF LAND SOUTI-I 35°27' 30" WEST 60.29 FEET TO
THE TRUE POiNT OF BEGINNING; THENCE RETRACING ALONG LAST DESCRIBED
COURSE NORTH 35°2 7' 30" EAST 118. 8 8 FEET TO A POINT OF TERMINUS.
HAVING AN AREA OF 2,378 SQUARE FEET MORE OR LESS.
ATTACHED HERETO ANO MADE A PART OE" THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT nB".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY' ME OR UNDER MY
DIRECT!ON.
CECILE.RY~L.S. 3997
EXHIBIT HBtt
DENOTES EASEMENT AREA (i}-cARLSBAD BL
®=-'-ACOSTA AVt. @-EL CAMINO REAL
SCALE 1"=30'
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DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Woy Engineering Services, Inc.
Land Surveying
4167 AVENIDA DE LA PLATA, SUITE 114,
OCEANSIDE. CA. 92056 (760) 732-1366 ACAD FNAME: SD_ESMT.DWG
A.P.N.:
VESTING:
PROPERTY
LOCATION
POINT OF
TERMINUS
53'27'01"W
RAD.
POINT OF
COMMENCEMENT
147+64.39
CITY OF ENCINITAS
EASEMENT PLAT
216-04
CITY OF CARLSBAD
DRAWN: MJG DATE: 6/6/02 SHEET: 1 OF 1
EXHIBIT "C"
The benefited property for the storm drain project is the City of Encinitas, a municipal
corporation, and the City of Carlsbad, a municipal corporation.