HomeMy WebLinkAbout1972-09-05; City Council; 876; CT 71-02 Occidental Carlsbad Leucadia Encinitas Ponto Sewer Agreement South of Encina Water Pollution Control FaciltiyTHE CITY OF CARLSBAD, CALIFORNIA
'Agenda Bill No.
Referred To:
te Sept 5,
.;cad ia-Enci ni tas Sewer
Agreement -South of Encina Water Polluti9n
Control Faci1i ty
Submitted By:
Public Works Director
Statement of the Matter
As a condition of Carlsbad Tract 71-2.1 (Lakeshore Gardens Mobile
Homa Park), located at Poinsettia Lane and Avenida Encinas, the
developer is required to construct a 27" diameter sewer line, (see
Exhibit (1), Planning Commission Resolution # 6^6, ^Mobile Home Park
Conditional Use Permit, Condition #9).
The communities of Leucadia and Encinitas have requested that the
27" line and appurtenant structures be oversized to 39" to accomodate
sewage from these communities.
An agreement has been prepared (Exhibit (2)) regarding the limits of
ownership, construction liabilities, maintenance responsibilities,
etc. This agreement was approved by the Leucadia County Water
District Board of Directors on 8-2^-72.
Exhibit
(1) Planning Commission Resolution # 6k6
(2) Occidental-Carlsbad=Leucadia-Encinitas Sewer Agreement.
Staff Recommendations
Adopt a motion approving Occidental-Carlsbad-Leucadia-Encinitas
Agreement in regard to construction of sewer pipeline south
from the Encina Water Pollution Control Faci1ity, and authorizing
the Mayor and City Clerk to execute same.
^PROVED BY CITY
PATE
AS No.
City Manager's Recommendation
Concur
Council'Action
Da te: Sept 5, 1972
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PLANNING COMMISSIOH RESOLUTIOM NO. 646
A RESOLUTION OF THE CITY OF CARLSBAD PLANNING COMMISSION
GRANTING A CONDITIONAL USE PERM IT,• SUBJECT TO ANNEXATION
TO THE CITY OF CARLSBAD, FOR A MO_B_I_LE_ HJLMjE _PAjUi, LOCATED
AT POINSETTIA LANE BETWEEN INTERSTATE 5 AND THE A.T. .AND
S. F. RAILROAD . • .
WHEREAS, pursuant to the proyi.s i pn.sv, of .Ordinance {jlo...9.060 ,•;,..
the Planning Commission did on November 25., - 1 9.69 ,. ho 1 d a duly
noticed public hearing to consider theapplicatiort of H. B.
DEVELOPMENT COMPANY, for a Conditional Use 'Permit for. the purppse •
of a I lowing' the construction of a mobile home park on property
located at Poinsettia Lane between lngerstate'5 and the A.T.6S.F.
railroad,' on the following described property:"
Those portions of Section 28 and Fractiona.l Section 29,
Township 12 South, Range 4 West, in the County of San
Diego, State'of California, being Portions of Parcels 24
and 30, Book 214, Page 170; and Parcel 5, Book 214, Page
150 of the Assessor's Map of San Diego County.
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired to
be heard, said Commission did find the following facts and reasons
to exist, which make the granting of a Conditional Use Permit
necessary to carry out the provisions and genera! purpose of
Ordinance No. 9060:
1. The proposed mobile h'ome park constitutes & good
use of the land.
2. The granting of the proposed land use will not be
detrimental to the public welfare or injurious to the
vicinity and'zone in which the Conditional Use Permit
will be granted.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad, that it does hereby grant a Conditional Use
Permit on said property for the purpose of allowing the construction
of a mobile home park, subject to the following conditio.ns and
Iim i ta t ions :
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That approval of the Conditional Use Permit shall be subject
to approval of the Planned Community and.Commercia I Zones
bytheCityCounciland, asfollpws: •
.a.. That those areas ,.. for. wh i ch a .C.ond i.ti.ona.l Use. Pe cm i t f o.r
a mobile home, park have been approved, be developed in
conformance with Site Plan sA-land A-2. ••••'•• . •
b. That the mobile home parks be developed iri conformance.
with the State.of California Administrative Code, Title
25, Housing and Community Development, Chapter 5, Mobile
Home Pa rks; ' ' •
c. That all areas shown as GREEN areas on the.Site Plans be
landscaped in conformance with City Ordinance No. 9181,
and it shall be the responsibility of the applicant to
assure maintenance of said areas;
d. That Site Plan Area A-l be an adult-type park and that
Site Plan Area A-2 be a family-type park;
e.. That each mobile home park be encompassed by a six-foot
(6 ft.) high, decorative masonry wall;
That development plans be subject to review by the Planning
Department, prior to issuance of any building permit, to
insure conformance with Site Plans A-l and A-2;
That a concept of architecture be adopted for the project and
that all elevations for the project be subject to review by
the Planning Department; . rr» /-LfV*^4
•jp-C**>~* * ' VV^T
That a Reco£d>-&l£-*!'S'u'Tvey be filed, covering the entire area
to be annexed, prior to issuance of any permits for grading
orbuilding;
That all street improvements be completed adjacent to improved
property prior to the Building Department's issuance of an
authorization to occupy said improved property, except that
Poinsettia Lane Westerly of Avenida Encinas may be deferred
until the Planned Community Zoning West of the railroad is
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developed or until, in the opinion of the City Engineer,
.traffic warrants construction; • • . "
That all improvements be constructed as required by the Sub-
division O.rd i.nance and th.e C i ty- Eng i neer ; ..;. •:.-.., •"••."
That vehicular access rights to Poinsettia Lane be dedicated
to the City, except at street intersections;
That prior to issuance of permits for'grading.pr building,a
report prepared by a consulting traffic engineer and showing
projected ultimate traffic volumes on streets within the
annexed areas, shall be. submitted to the 'City;
That sewer service be provided by the City of Carlsbad and
that all trunk lines be constructed to ultimate size by the
developer;
That the City and the developer shall enter into a Reimburse-
ment Agreement, covering construction of the trunk line from
the Encina Water Pollution Control Facility to Poinsettia
Lane. The developer shall be reimbursed as follows:
a. Water Pollution Control Facility to Northerly boundary --
100 percent;
b. Northerly boundary to Poinsettia Lane -- Difference
between cost and cost to construct a line of sufficient
size to serve the total development (based on City
Engineer's estimate.)
That the developer be relieved on any requirement to construe
the sewer trunk line between Poinsettia Lane and the Souther-
ly boundary and, that the developer's total reimbursement be I
reduced by the estima ted cost to construct an eight-inch (8 in ^
sewer line in that area;
That water service shall be provided, by the Carlsbad
Municipal Water District;
That all streets shown on the Project Site Plan be dedicated
to the City, according to a schedule approved by the City
Eng i nee r ;
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14. That details concerning responsibility for construction of
a' grade separation across theA.T.SS.F-.r'ailroad at
Poinsettia Lane, be arrived at between the developer and City
staff., for approval by the City Council,, prior to annexation.
15. That the developer fund 25 percent (equivalent to one leg)
of the cost.of a traffic signal on Poinsettia Lane at Carls-
bad Boulevard; construction to take place at such time as
traffic warrants; ..
16. Fire hydrants and water mains to supply \hern shall be con-
structed as follows and any deviation therefrom ' sha11 be'
approved by the Fire Chief and City Engineer;
(1) The standard minimum size of mains used for hydrant
supply:
a. For residential districts (the mobile home park to be
considered as a high density, residential district --
8-tnch; 6-inch to be used only where it completes a
good gridiron and in no case in blocks 600 feet or
more in length;
• b. For mercantile districts, 8-inch and 12-tnch; the
former to be used only in sections where it completes
a good gridiron, and the latter for long lines not
cross-connec ted;"'
(2) Hydrants - as per specifications on file with City
Engineer and the Water Department:
a. Residential area, one to each 120,000 square feet,
not to exceed k$Q feet apart;
b. Mercantile areas, one to each 80,000 square feet, not
to exceed 350 feet apart;
c. On-site as well as off-site hydrants within the an-
nexed area, will be required. The location of ail
hydrants shall be approved by the Fire Department.
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17. Road widths for those areas zoned Planned Community, shall
be considered at the time their respective.Specific Plan
and Tentative Haps are reviewed. Street widths for those
other streets are as follows:.. .,.".-.• . •. . . .
a. Poinsettia Lane, from Carlsbad Boulevard to Batiquitos
Road, will be a major arterial highway, 102 feet wide,
with an 1'8-foot wide median divider;
b. Avenida Encinas, from the North boundary to the South
boundary, will be a modified collector street, 100 feet
wide, with a minimupi 16-foot median d-ivider through a
majority of the property;
c.' The median dividers on both streets shall be landscaped
by the developer in conformance with a plan approved by
the City Planning and Engineering Departments.
PASSED, APPROVED AND ADOPTED at a regular meeting of Carlsbad
City Planning Commission held on the 25th day of November, 1969, by
the following vote, to wit:
AYES:
AEGROVED BY .PLANNING COMMISSION
NOES: PATF M't
ABSENT:
E. H. JOSE, JR., Chai rman
ATTEST:
D. K. DEWHURST, Secretary
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POWER OF ATTORNEY
INSURANCE COMPANY OF NORTH AMERICA
rilll.ADKI.I'IIIA. I»,\.
Enoto all men bp tfjege presents: That the INSURANCE COMPANY OF NORTH
AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the
City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the
Board of Directors of the said Company on June 9, 1953, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, that the following Rules shall govern the executionfor the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice
President or an Attorney-in-Fact.
(2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the CoVnpany affixed thereto, duly
attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an
Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted methodof indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature).
(3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys• in-Fact may be appointed by the Presidentor any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit toimpose.
(4) "Such Resident Officers and Attorneys-in-Fact shall have authority to act as aforesaid, whether or not the President,the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu-
tion, the By-Laws- of the Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as
though signed by the President and attested by the Secretary."
does hereby nominate, constitute and appoint E. LEE SMITH III., JAMES GILMORE, JOHN C.
TWEEDIE and EDWARD T. REITER, all of the City of Santa Ana, State of California
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf,
and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity
of persons holding places of public or private trust, and in the performance of contracts other than
insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted
in all actions or proceedings or by law required or permitted.
All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of
the Company attached thereto by any one of the said E. Lee Smith III., James Gilmore,
John C. Tweedie or Edward T. Reiter, individually.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding
upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed
and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com-
monwealth of Pennsylvania, in their own proper persons.
IN WITNESS WHEREOF, the said M™ M....SINCLAIR f Vice-President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this 27th day of .March 19....Z.2...
[PANY OF ,TH AMERICA
•
(SEAL)Vice-President
STATE OF PENNSYLVANIA )
COUNTY OF PHILADELPHIA \
On thig
z 'tn .day of March _ A. D. 19 .72., before the subscriber, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came
HU.GH...M.. SINCLAIR , Vice-President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed
the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth; and saith,
that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of
said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru-
ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said
Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
ires Dec. 15th, 1975
Notary PublC.
Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
TTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
have hereunto subscribed my name as Assistant Secretary, and afnxe<jTEr^ corporate seal of
day of
PRINTED IN U b A
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OCCIDENTAL-CARLSBAD-LEUCADIA-ENCINITAS AGREEMENT
IN REGARD TO-CONSTRUCTION OF SEWER PIPELINE
SOUTH FROM. THE ENCINA WATER POLLUTION
CONTROL FACILITY
THIS AGREEMENT is made and entered into, this '24th day of
August ^ , 1972, by and among OCCIDENTAL PETROLEUM LAND
AND DEVELOPMENT CORPORATION ("Occidental") , CITY OF CARLSBAD
("Carlsbad") , LEUCADIA COUNTY WATER DISTRICT ("Leucadia") , and
ENCINITAS SANITARY DISTRICT ("Encinitas").
RECITALS
A. Occidental has employed Salkin Engineering Corporation
to design sewer siphon inlet and outlet structures, sewer siphons
and a 27-inch sewer pipeline from a point within the Encina Water
Pollution Control Facility in the City of Carlsbad to a point ap-
proximately 7,400 feet southerly of the siphon outlet structure*
B. Leucadia and Encinitas have requested the redesign of
both structures and pipeline from the outlet structure to a point
approximately 2,415 feet south of the outlet structure so as to
increase the size of both structures and the pipeline to 39 inches
to provide capacity for Leucadia and Encinitas.
C. The cost of construction of the original structures and
the 27-inch line is to be borne by Occidental and the cost of over-
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sizing the structures and line from 27 inches to 39 inches is to
be borne by Leucadia and Encinitas.
D. Both structures shall be sized to handle the ultimate
capacity of the 39 inch pipeline. They shall have stub-outs for
a 16 inch and 18 inch siphon. The 16 inch and 18 inch siphons from
the junction stub-outs are to be constructed by Leucadia and En-
cinitas at their expense. The 16 inch siphon shall be constructed
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prior to the time Leucadia and Encinitas connect to the 39 inch
pipeline. The 18 inch siphon shall be constructed at a time prior
to the time at which the combined sewer flow rates of Carlsbad,
Leucadia and Encinitas exceed the combined maximum" capacities of
the 16 inch, 18 inch and 24 inch siphons (the latter two siphons
are to be constructed by Occidental for Carlsbad as part of the
original project). When the 16 inch and 18 inch siphons are con-
structed, the stub-outs and siphons shall be the property of Leu-
cadia and Encinitas.
IT IS, THEREFORE, AGREED BETWEEN THE PARTIES AS FOLLOWS.:
Section 1. Construction of Sewer Facilities. Occidental
shall cause to be constructed the sewer facilities described above
(with the exception of the 16 inch and 18 inch siphon). The pipe-
line and structures shall be constructed in accordance with speci-
fications approved by Carlsbad, Leucadia and Encinitas. Plans
for the pipeline shall be subject to the approval of Carlsbad,
Leucadia and Encinitas. No construction shall be started until
required changes or corrections, if any, have been incorporated
in the final plans and the final plans have been approved by Carls-
bad, Leucadia and Encinitas. No changes shall be made in the ap-
proved plans without the consent of Occidental, Carlsbad, Leucadia
and Encinitas. Carlsbad, Leucadia and Encinitas shall be allowed
to inspect the facilities at all stages of construction, however,
primary responsibility for inspection shall rest with the City of
Carlsbad. The facilities shall be constructed in strict conformity
with the approved plans and specifications. Construction of the
facilities shall commence by September 15, 1972, and shall be com-
pleted by January 15, 1973.
Section 2. Payment for Oversizing. The cost of the construc-
tion of the. structures and pipeline shall be borne by Occidental,
except for the cost of oversizing which shall be borne by Leucadia
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and Encinitas. Leucadia and Encinitas shall pay the cost of over-
sizing the portion of the pipeline that is increased in size from
27 inches to 39 inches and the inlet and outlet structures as fol-
lows : ... ".
a. For the cost of engineering, survey, and all
other incidental expenses, Leucadia and Encinitas shall
pay $1,500.00, as follows: Leucadia $1,050.00; Encinitas
.$450.00. The entire sum shall be due and payable to
Salkin Engineering Corporation at the time the plans
are approved. Any engineering changes requested by
Leucadia or Encinitas and performed by Salkin Engineer-
ing Corporation after the date of approval of this Agree-
ment shall be paid at the rate of $25.00 per hour for
engineering plus costs for blueprints, mileage or other
incidental items. Any modifications shall be approved
by all parties signatory to this Agreement.
b. Leucadia shall pay 67% and Encinitas shall pay
33% of the cost of oversizing the siphon inlet and out-
let structures and the difference between the 27 inch
unit price and the 39 inch unit price, which cost is
hereby fixed as $20.93 per foot (including the cost of
oversizing the inlet and outlet structures and the cost
of constructing 40 feet of 16 inch and 40 feet of 18
inch diameter siphon barrels across the existing out-
fall) multiplied by the length of the 39 inch pipeline
actually installed. $27,520.20, which is the estimated
total cost based upon the design length of the pipeline,
shall be deposited with Occidental by Leucadia and
Encinitas upon commencement of construction. The final
cost, adjusted for the length of the 39 inch pipeline
actually installed, shall be paid to Occidental (or
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refunded by Occidental in the event the deposit ex-
ceeds the installed cost) by Leucadia and Encinitas
upon completion of construction.
c. Leucadia and Encinitas shall pay the entire
cost of the manhole in La Costa Boulevard where the
Leucadia-Encinitas pipeline joins the Occidental pipe-
line. The cost of the manhole is hereby fixed as
$1,000.00 (shared: Leucadia $670.00; Encinitas $330.00).
Section 3. Bond. Occidental shall file a good and sufficient
bond in an amount not less than the estimated cost of the work and
improvements (including the facilities described in this Agree-
ment and all other work and improvements done under the same con-
struction contract) securing payment to the contractor, his sub-
contractors and to persons renting equipment or furnishing labor
or materials for the improvements. The form of the bond shall be
as specified by Carlsbad, Leucadia and Encinitas.
Section 4. Dedication of Pipeline. Upon completion of the
structures and the 39 inch pipeline in accordance with the approved
plans and specifications/ and acceptance thereof by Carlsbad, Leu-
cadia and Encinitas, Occidental shall convey it to Carlsbad, Leu-
cadia and Encinitas, who shall take title to and own the structures
and the 39 inch pipeline- as~,follows:
Leucadia - 40.3% % \: ' \ ' • • .
Encinitas - 19.7% j
x Carlsbad - 40.0%
The costsof maintaining, operating and repairing the inlet
and outlet structures, all siphons, and the 39 inch pipeline shall
be borne 40.3% by Leucadia, 19.7% by Encinitas and 40.0% by Carls-
bad. Carlsbad shall manage the maintenance of the foregoing faci-
lities (by contracting with San Diego County or in some other man-
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ner acceptable to Leucadia and Encinitas) and will bill Leucadia
for 40.3% and Encinitas for 19.7% of the maintenance costs. (The
27 inch pipeline south from the 39 inch pipeline shall be owned,
maintained, operated and repaired 100% by Carlsbad.)
Section 5. Warranty. Occidental shall, and hereby does, war-
rant workmanship and materials for the structures and pipeline for
a period of one year after the date of acceptance of the pipeline
by Carlsbad, Leucadia and Encinitas. Occidental shall repair or
replace any and all such faulty workmanship or materials (includ-
ing settlement of backfill) , together with any other work which may
be displaced in so doing, within a one-year period from the date
of acceptance of the work by Carlsbad, Leucadia and Encinitas with-
out expense whatsoever to' Carlsbad, Leucadia or Encinitas, ordinary
wear and tear, unusual abuse or neglect excepted.
Section 6. Easements. This Agreement is contingent and condi-
tional upon the receipt of grants of easement to Leucadia and En-
cinitas (at no cost to them) covering property in which the sewer
facilities are to be located in all instances where the facilities
are not to be located in dedicated streets. The legal descriptions
and title conveyed must meet with the approval of Leucadia and
Encinitas (as evidenced by policies of title insurance which shall
be procured) .
IN WITNESS WHEREOF, this Agreement has been signed by the
parties on the date indicated below:
Dated : 9^* Jj?<ffi» 7 4^» OCCIDENTAL PETROLEUM LAND
AND DEVELOPMENT CORPORATION
'Dated :
ATTEST:
L
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/*<**.
Dated:
Dated:AUG9.Q 197?
LEUCADIA COUNTY WATER DISTRICT
By - _ ^, /7 - ,- -^ .'
ENCINITAS
By_
By_
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DISTRICT 'S}'',•'•'"^, .''*•'
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