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HomeMy WebLinkAbout1974-03-06; City Council; 3019; Ayres Ranch Sewer Service. I- .. TI-'.% C ITY OF CARL-SPAD, CAL I FOR'-''d DateMarch 6, --- 1974 Referred To: - Subject : .Submitted By: City Engineer sdd Ayres Ranch sewer service; request to connect to Buena Sewer Trunk Line. Statement of the Matter I_ -- ___ Exhibit "1" is a request to allow CT 72-34 (La Cuesta) and CT 73-39 (Spinnaker Hills) to connect to the Buena Sewer Trunk Line instead of the existing trunk line that is master planned to provide sewer service. The reason for the request is that the State Coastal Commission has denied an application to extend .the existing trunk line along the north shore of Batiquitos Lagoon to serve the Ayres properties. . This is an extremely complicated request, and required detailed analysis to examine the effect on those other areas that the existing Buena Trunk Line was designed to serve. Exhibit "1" Letter dated Feb. 13, 1974, from John Mamaux t1211 Letter dated Feb. 14, 1974 from John Mamaux "3" Staff letter c Staff Recommendations d. I AIS NO . Date: ,9,* City Manager Recommendation As the City Engineer points out, this is a complex problem. There are several policy questions involved. The first has to do with an overall study of our sewer capacity and needs. Council action in the past has adequately provided for the needed study of the City needs at the treatment facility. The Council-has also instructed the staff to begin looking industrial, and residential). This has begun but the continued press of current business puts it farther and farther behind. The overall trunk line capacity question needs major review and it is suggested the Council have the staff place funds f0r.a study in the preliminary 1974-75 budget. . at our capaci.ty -as it”relates- to various uses (i. e. , commercial, The second policy question is whether the City’s capacity in the Buena trunk line should be used for waste discharge from outside the drainage basin provided for in the City’s agreement with the Buena Sanitary District. This cannot be done without Buena’s permission. If the Council wishes to provide service through the Buena line, action should be to instruct the staff to begin negotiations with the Buena District. The third policy question before you is to determine the.extent you wish t the City to make application before the Coast Commission for ! the permit to build the trunk line along Batiquitos Lagoon. ! Traditionally, this has been the developer’s responsibility, and for the City to take the initiative in making application would be setting an unusual precedent. If as a matter of policy the Council wishes the staff to become involved in the appli- cation process, it should be done in an advisory capacity. . .. Council ‘~ction 3-1.9-74 The staff was instructed to negotiate with the Buena Sanitation District and the San Marcos County Water District to determine whether or not they are willing to go along with the proposed plan. Also the staff was instructed to initiate fimds be !;aced om tje8 974-75 budget for this study. long range study of the service area and that 3///i 7 ../ * Land Dewekopment Inc. P 0 Box AG Solana Beach, CA 92075 / Administration (714) 755-1552/276-3020 / Construction. (714) 755-9348 Licenss No. 231895/B-1 March 8, 1974 Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Dear Mr. Bussey: Please accept this letter as our application to speak before the City Council on March 19, 1974, in opposition to Agenda Bill a3019 (Request for connection to the Buena Sewer Trunk Line, Tracts 72-34 and 73-39). We have a vested interest, as do all other property owners within the established Design Sewer Service Areas of which the City of Carlsbad is a party. Two of the Agreements referenced are: 1. Basic Agreement between Vista Sanitation District and the 2. City of Carlsbad - County Number 1858-2129-E Agreement between Buena Sanitation District and the City of Carlsbad - County Number 3405-2103-R. We feel that the aforementioned Agreements provide for use protection within the Design Service Areas and that the allocation of capacities to anyone outside these areas is contrary to the intent and letter of these Agreements. Respectfully requested, McK LAND DEVELOPMENT INC. Thomas E. Kern President TEK: j c cc: Mr. Vince Biondo PLANNING CONSULTANTS ENGINeERlNG COb!PaNY j AND CIVIL ENGINEERS 509 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE AREA CODE 714 729-4987 March 6, 1974 Honorable City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 P.: AGENDA NO. 3019, ITEM NO. 8.B.6; MARCH 6, 1974 CITY COUNCIL AGENDA Gentlemen: On behalf of La Costa Land Company, we hereby request, that the request for connection to the Bueila sewer trunk line, to provide sewer service for Carlsbad Tract 72-34 and 73-39, be continued for further study by staff and the surrounding developers that have prior commitments to the Buena line. La Costa has purchased the Kratter parcel that falls within the City of Carlsbad sewer service area, and we feel that the prior commit- ments for service to the Buena line should not be put in jeopardy because of a development wanting service by the Bunea line that was intended to be serviced by an all together different sewer basin area line. Again we ask that this request be continued for further study. Sincerely Robert C. Ladwig v RCL:fm cc: Mr. Irving Roston Mr. Fred Morey March 6, 1974 Members of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: AYRES RANCH SEWER SERVICE - REQUEST TO CONNECT TO BUENA TRUNK LJNE Dear Honorable Members: In reference to the subject request for connection, we hereby request that the Council continue this matter for further study to allow those pro- posed developments which lie within the basin served by the Buena trunk line to determine the feasibility of such a connection and its affect on previous committments made by the City of Carlsbad. We have processed and have approval for an industrial park development to be served by the Buena trunk line, and have submitted final plans for the improvement of portions of the project in accordance with our approved tentative map. The approval of the subject request would have a serious impact upon potential service to our project. that a continuance and detailed study of the request is imperative. For this reason, we feel S incereAy , ' ,, ,' I' .* I" , . , . ., , **r*c- -, , -, -, , Paul Hammons Project Engineer Cabot, Cabot & Forbes PH:jw MEMORANDUM February 27, 1974 TO: City Manager FROM : City Engineer SUBJECT: Ayres Ranch Sewer Service- Request to connect to Buena Trunk Line I have reviewed the two letters (dated February 13 and 14) from Mr. John Mamaux requesting City Council approval to connect certain portions of the Ayres holdings (specifically Rancho La Questa, CT 72-34, and Spinnaker Hills CT 73-39), to the existing Buena Trunk Line. The Buena trunk line is a sewer transmission system extending eastward from the Encina Treatment Plant as a gravity system to El Camino Real and then as a force main easterly to serve Buena Sanitary District, (Buena). Ownership of the trunk line vests in Buena. The City of Carlsbad has entered into a 30 year "lease" for certain capacity rights in that portion of the gravity trunk line west of El Camino Real. Capacity rights at El Camino Real are 1.2 million gallons per day (MGD and increases by steps so that capacity in the trunk line at the treatment plant is 3.0 MGD. The terms of Carlsbad's anlease'' is really a lease-option since at the end of the 30 ears (1996) Carlsbad has the option to purchase the capacity for r 159,600 less the amount of rental paid. The annual "rent" of $!5,320 will therefore purchase the capacity at the termination of the 30 years. In addition, San Marcos County Water District (SMCWD) has a 10 year lease (until July, 1978) of 2.7 MGD capacity. SMCWD flow is currently 1.5 MGD. In theory, SMCWD will have to parallel the Buena line (or renegotiate another lease from Buena) when flow reaches 2.7 MGD or by 1978, whichever comes first. While SMCWD should start planning for the inevitable, they still have time, and trunk capacity and a possible alternative to constructing a parallel trunk line in the near future. I point this out because of an incorrect statement in the February 14, 1974, letter which states that "...Sari Marcos has reached its leased capacity rights and should be searching for alternative permanent facil ities." Another statement which needs some clarification is quoted as follows: "Additionally, the City of Carlsbad has provided sewer connections to Alta Mira in violation of the agreement with Buena." The fact is that as part of the agreement with Buena, the City of Carlsbad was to serve only two areas indicated on an exhibit map, and labeled as Carlsbad Service Areas "A" and I'B''. The boundaries of these service areas were co terminus with what the exhibit map labeled as "Approximate Drainage Basin Divide's!'. By carefully measuring the service areas on the exhibit map, and comparing these measurements to recent aerial photos, I am convinced that all of the Alta Mira development is entirely within Carlsbad Service Area B. What Mr. Mamaux is referring to however, could be a technical violation in the future in that the existing sewer lines in Alta Mira were inadvertently allowed to be sized to extend a gravity system to serve the Occidental property on the east side of 1-5. As soon as I became aware of the discrepancy between the Service Area llBrl and the proposed sewer service area, I contacted Buena's Engineer (November 29, 1973) and it was agreed that: a) extension to serve the Occidental property would be a technical violation of the agreement, b) since it was a gravity system extension, the extension would be acceptable, and c) the matter would have to be straightened out in writing, but that the press of business (the culmination of Phase 11-A, resolvement of buy-in monies and the Seventh Supplement) would take precedence. It is now timely for Carlsbad and Buena to proceed with this matter. Mr. Mamaux's letter of February 14, 1974, shows a deep under- standing of the history of the Buena Trunk Line. I would like to comment on Mr. Mamaux's "three pronged effort" proposa 1 s i n reverse order. Prong #3 "determine whether or not an approach to the State Coastal Commission for reconsideration of the City's Master Plan for sewer service in this area should be made." This suggestion would have merit if the Council decided to allow an alternative sewer service (permanent or temporary). In that case the ''growth inducing" argument,that the State Coastal Commission used in denying the permit for the sewer according to our master plan, would be invalid. Prong #2. "request the City to study the long range solution to sewer service in the area concerned." This is an excellent suggestion. One of the major problems facing the City (at least from an engineer's viewpoint) is that changing land uses in various areas of the City will require a detailed study for future water and sewer needs. A study of this nature, while not beyond the capability of engineering staff, is beyond the capacity of the staff. We feel that a potential developer needs more defined . information regarding the availabi 1 ity of and plans for future extensions of the City Utilities of,Water and Sewer. A meaningful study should not be piecemeal but comprehensive and detailed. Such a study, which could be incorporated as a Utilities Element to the General Plan, would cost $30,000-$50,000, but could save many times that amount in providing for the proper planning and utilization of utility resources. Prong #l. "...short-range or immediate -request for inclusion in the existing Buena Line, but within the City's capacity to serve, this would resolve the issues surrounding already approved sub- divisions .'I I would recommend against such a proposal for several reasons, some of which I’ve listed here: System proposed does not follow the sewer master plan. Proposed system would require a series of pumping stations that increase maintenance costs (perpetual ly); reduce sewer system re1 iabi 1 ity. Existing Buena trunk line capacity is by no means excessive for the existing watershed area it was designed to serve. Proposed system would allow residential units in another watershed area to use up sewer capacity at expense of indus- trial areas. (Hughes, Beckman, Cabot, Cabot & Forbes, proposed 200 acre Loker property, McReynolds, Airport etc.) Proposal is at variance with the Basic Agreement for the Joint Sewer System and would require concurrence of all JAC members to modify the Basic Agreement. The intent of the restrictions in the Basic Agreement is “...to prevent the capacity of the outfall, interceptor trunk or col lector systems designed and constructed to serve one drainage basin from being used for another drainage basin prior to the full utilization of such capacity by the drainage basin for which it is designed and constructed.’l and “No sewage generated within any one drainage basin shall be pumped into another drainage basin on a permanent basis.. The City may be liable for the costs of oversizing the recently constructed trunk line that extends from the treatment plant south to Poinsettia Lane. The City required a developer to oversize the trunk line (in conformance to the sewer master plan) in order to provide sewer capacity for the Ayres property. The only reason for the request is because the San Diego Regional Coastal Commission denied the applicant a permit to construct a sewer line in the permit zone. Even the applicant’s representative agrees that the best solution in the long run would be to construct the trunk sewer along the north shore of Batiquitos Lagoon as shown on the sewer master plan. The proposal would be self-serving in that it does not provide sewer service to all the areas that would be served by the mast er sewe r p 1 a n. The proposal would have significantly higher energy require- ments for pumping the sewage up and over the ridge with a series of pumps and small force mains as opposed to a pre- dominantly gravity system with one pumping station in the vicinity of Interstate 5. The proposal would accelerate the need to construct an addi- tional parallel trunk line adjacent to the existing trunk line. This construction project would be a joint venture between Carlsbad, Buena, San Marcos, and possibly LCWD, and would be costly, complicated and time consuming at best. k) The request, as presented, would "guaranteeaf a sizeable portion of the existing trunkline capacity for the exclusive use of the applicant's proposed subdivisions. In effect, this would be reserving some ultimate capacity which might require us to turn down some industrial uses in Service Areas A and B even though physically there could be capacity available. Please excuse the hurriedness of this report. The request appears to be a simple one, but the complications and consequences are so far reaching, that serious detailed study and discussions are recommended before Council would decide on this matter. Tim Flanagan City Engineer TCF/mac cc: John Mamaux Chuck Oldsen EXH I B I T "1 February 14, 1974 Mr. Paul Bussey City Manager 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Bussey: As you will recall, a meeting was held on February 6, 1974, in Mayor Dunne's office to discuss the collection and trans- portation of sewerage resulting from the development of the Ayres holdings known as Rancho La Costa. Present at said meeting, in addition to Mayor Dunne and yourself, was Chuck Oldsen, County Sanitation, representing Buena Sanitation District, Tim Flanagan, Acting City Engineer, Wayne Lill, representing Mr. Ayres, and myself. Arriving late was Bill Dominguez, representing the Board of Supervisors and the Buena Sanitation District. After considerable discussion, the approach to be taken to enable meaningful decisions to be made, was a three pronged effort: (1) short-range or immediate request for inclusion in the existing Buena Line, but within the City's capacity to serve, this would resolve the issues surrounding already approved subdivisions; (2) request the City to study the long range solution to sewer service in the area concerned; (3) determine whether or not an approach to the State Coastal Commission for reconsideration of the City's master plan for sewer service in this area should be made. At the present time, the City has approved the construction of two subdivisions within the Ayres property, and both sub- divisions need sewer service from the Buena line, but at different points of connection. To provide some background for the following request, it is important that the City's capacity in the line is discussed and further, the need for the requested Council Policy decisions. As a part of the inclusion of the Buena Sanitation District into the Joint System, the capacity in the main transmission line paralleling Palomar Airport Road was to be increased to serve areas within the City of Carlsbad's sewer service area. Accord- ingly, the transmission line was increased to provide capacity of 1.3 MGD at the Encina Plant. The City of Carlsbad agreed L- Mr. Paul Bussey February 14, 1974 Page 2 I. to pay for the increased capacity and has, therefore, owner- ship rights in this line. However, it was agreed that the line was to serve an area as shown as Exhibit "A" in the agree- ment between Buena and the City of Carlsbad. Areas outside the boundaries shown on Exhibit "A" could be given service as a temporary condition if both parties agreed to amend the agreement. In 1968, the City of Carlsbad did not object to Buena providing capacity on a ten (10) year lease basis to San Marcos Municipal Water District. At the present time, San Marcos has reached its leased capacity rights and should be searching for alter- native permanent facilities. Buena has the problem of trying to find a method to evict San Marcos should San Marcos jeopardize Buena's ability to utilize the transmission line to Buena's fullest potential. Additionally, the City of Carlsbad has provided sewer connections to Alta Mira in violation of the agreement with Buena. This came to light only recently. Based on the fact that the City has capacity in the Buena line, it is requested that the La Cuesta Subdivision be given per- mission to connect to the Buena Line at Station 143+73.98 Manhole No. 38, and it is proposed that the 180 acre development will utilize .40 MGD of the City's entitlement at said connect- ing point. It is further requested that Spinnaker Hills be granted a sewer connection to the existing Alta Mira system. The requested capacity if .43 MGD, with the City's capacity being 3.0 MGD. On the long range solution, it is proposed that the City con- duct a study to determine the total need for sewer capacity in the area south of Palomar Road, west of El Camino Real and north of the Batiquitos Lagoon. Once the optimum need is determined and compared with the existing capacity in the Buena line, the remainder can be acquired through various methods. The easiest and most propitious method would be a joint venture with San Marcos Municipal Water District. In fact, the Buena Sanitation District would welcome an agreement between Carlsbad and San Marcos which would show progress toward solving the problem related earlier between Buena and San Marcos. It would appear that Buena will need cooperation of both agencies whenever future expansions of the treatment plant take place. During the several meetings on the topic, Mr. Flanagan has repeatedly raised the issue of his concern regarding assurance that Occidental Petroleum be reimbursed for over-sizing the .. Mr. Paul Bussey February 14, 1974 Page 3 the existing sewer line west of Interstate 5. As expressed before, Occidental Petroleum has no written refund agreement with the City, and further, Mr. Ayres was not party to any discussions between the City and Occidental in the matter. However, a solution may well be reached through negotiations with the Leucadia County Water District for future utilization of the facility by that District. In regard to approaching the State Coastal Commission, it would appear that the contact with said agency should come from the City. To ask Mr. Ayres to reapply at this time would place a time consuming and expensive burden upon the applicant. This conclusion has been reached based upon experience with the Commission staff. Said staff is not sympathetic with or remotely cooperative with land owners. The relationship between governmental agencies is, however, different. Thank you very much for your cooperation in this matter. Yours very truly, ydw- OHN J. MAMAUX JJM: v ,. .. BYRON F WHITE PAUL A PETERSON IRL R ROBINSON. JR. EDWARD E I W E IS S MAN WILLIAM E JOHNS PETER P GAMER EDWARD C. MUNS LAWRENCE 5. BRANTON JAMES 8. MEHALICK M.RICHARDSON LYNN.JR. WESLEY a. HILLS WHITE, PRICE, PETERSON I ROBINSON A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SOL PRN 2300 FIRST NATIONAL BANK BUILDING 530 B STREET OF COUN SAN DIEGO, CALIFORNIA 92101 (714) 234-0361 i :E SEL No. Mr. Paul Bussey City Manager 1200 Elm Avenue Carlsbad, California 92008 Re: Agenda Bill #3019; Request for Connection to Buena Sewer Trunk Line, Tract 72-34, Tract 73-39. Tue. March 19. 1974 Dear Mr. Bussey: We represent the owner of the Bressi Ranch, approxi- mately 577 acres southeast of El Camino Real and Palomar Airport Road, in the County of San Diego and in the City of Carlsbad. The owner of this property is also trust deed holder of an additional approximate 707 acres adjacent thereto to the south in the City of' Carlsbad. Our client respectfully requests that the City of Carlsbad strongly consider a combined study with the other agencies who own and use the Encina Water Pollution Control Facility, with a view toward obtaining advance planning for adequate expansion of the treatment plant to provide for the reasonable future needs of all property owners involved. Our client also respectfully requests a similar study be made with respect to the Buena Line, with a view toward the possible construction of a new parallel line to meet the reasonable future needs of all property owners involved. Thank you for your consideration in this matter. Yours very truly, BFW:mn cc: Mrs. Mary E. Bressi Mrs. Elizabeth Wiegand John B. Milliken, Esq. .. BYRON F WHITE PAUL A PETERSON IRL R ROBINSON. JR. EDWARD E.WE1SSMAN WILLIAM E JOHNS PETER P. GAMER EDWARD C. MUNS LAWRENCE S. BRANTON JAMES 8. MEHALICK WESLEY 6. HILLS M.RlCHARDSON LYNN,JR. WHITE. PRICE, PETERSON 8 ROBINSON A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2300 FIRST NATIONAL BANK BUILDINC 530 B STREET SAN DIEGO, CALIFORNIA 92101 (714) 234-0361 Sot PRICE OF COUNSEL FILE No. March 15, 1974 Mr. Paul Bussey City Manager 1200 Elm Avenue Carlsbad, California 92008 Re: Agenda Bill #3019; Request for Connection to Buena Sewer Trunk Line, Tract 72-34, Tract 73-39, Tue. March 19, 1974 Dear Mr. Bussey: We represent the owners of the Carrillo Ranch and the Thibodo Ranch, as set forth in the enclosed map. 0ur.above noted clients concur to and join in the requests of the owner of the Bressi Ranch, as stated in the enclosed letter of March 15, 1974. Thank you for your consideration in this matter. BFW:mn Enclosures Yours very truly, WHITE, PRICE, PETERSON .& ROBINSON - on,,; Byron . White 7& I 8YRON F. WHITE PAUL A PETERSON IRL R ROBINSON. JR EOWARD E. WEISSMAN WILLIAM E JQhNS PETER P GAMER EDWARD C. MUNS LAWRENCE 5. BRANTON JAMES e. MEHACICK WESLEY 8. HILLS m. RICHARDSON LYNN,JR. WHITE, PRICE. PETERSON I ROBINSON A PROFESSIONAL CORPOXATION ATTORNEYS AT IAW 2300 FIRST NATIONAL BANK BUILDING 530 B STREET SAN DIEGO, CALIFORNIA 92101 (714) 234-0361 March 15, 1974 SOL PRICE OF COUNSEL F~LE No. Mr. Paul Bussey City Manager 1200 Elm Avenue Carlsbad, California 92008 Re: Dear Mr. Bussey: Agenda Bill $3029; Request for Connection to Buena Sewer ' Trunk Line, Tract 72-34, Tract 73-39, Tue. March 19, 1974 We represent the.owner of the Bressi Ranch, approxi- mately 577 acres southeast of El Camino Real and Palomar Airport Road, in the County of San Diego and in the City of Carlsbad. The owner of this property is also trust deed holder of an additional approximate 707 acres adjacent thereto to the south in the City of Carlsbad, Our client respectfully requests that the City of Carlsbad strongly consider a combined study with the other agencies who own and use the Encina Water Pollution Control ' Facility, with a view toward obtaining advance planning for adequate expansion of the treatment plant to provide for the reasonable future needs of all property owners involved. Our client also respectfully requests a similar study be made with respect to the Buena Line, with a view toward the possible construction of a new parallel line to meet the reasonable future needs of a11 property owners involved. Thank you for your consideration in this matter. Yours very truly, BFW:mn cc: Mrs. Mary E. Bressi Mrs. Elizabeth Wiegand John B. Milliken, Esq. .. ntrol by USGS, USC&GS, and USCE .jography by photopammetrlc mrlhods from aerial phoiographs cn 1916. Ficld chcckcd 13.38. Rcviscd from aerial ')tographs taken 1937. Ficld chcckcd 19C8 .Om-... .. . . I..- * c * 1 2 3 4 5 6 7 a 9 10 11 12 13 P 14 d d c 5 . 20 21 22 23 .24 25 26 27 28 29 30 31 32 RESOLUTION NO. 337’1 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF’ CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND SOUTH SHORES DEVELOPMENT CORPORATION FOR REIMBURSE- MENT OF COSTS FOR CONSTRUCTION OF SEWER PIPE- LINE IN LA COSTA BOULEVARD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. - The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of . Carlsbad and South Shores Development Corporation for reimbursement of costs for construction of sewer pipeline in La Costa Boulevard dated the 6th day of March , 1974, a copy of which is attached hereto and incorporated herein by reference is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on be- half of the City of Carlsbad. adjourned PASSED, APPROVED AND ADOPTED at anfegular meeting of the City Council of the City of Carlsbad, California, held on the - 6th day Of March , 1974, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee 4s- ’DAVID M. DUNNE, Mayor ATTEST: (SEAL) -- RlCK ENGINEERING COMPANY I ~YADNNc'INY::LcK~k~*iE 509 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE AREA CODE 714 729-4987 March 6, 1974 Honorable City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: AGENDA NO. 3019, ITEM NO. 8.B.6; MARCH 6, 1974 CITY COUNCIL AGENDA Gentlemen: On behalf of La Costa Land Company, we hereby request, that the request for connection to the Buena sewer trunk line, to provide sewer service for Carlsbad Tract 72-34 and 73-39, be continued for further study by staff and the surrounding developers that have prior commitments to the Buena line. La Costa has purchased the Kratter parcel that falls within the City of Carlsbad sewer service area, and we feel that the prior commit- ments for service to the Buena line should not be put in jeopardy because of a development wanting service by the Bunea line that was intended to be serviced by an all together different sewer basin area line. Again we ask that this request be continued for further study. Sincerely, Robert C. Ladwig v RCL:fm cc: Mr. Irving Roston Mr. Fred Morey Land Development Inc. P.O. Box AG, Solana Beach, CA 92075 / Administration (714) 755-1552/276-3020 / Construction: (714) 755-9348 ’ License No. 231895/8-1 Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Street Car-lsbad, California 92008 March 8, 1974 Dear Mr. Bussey: Please accept this letter as our application to speak before the City Council on March 19, 1974, in opposition to Agenda Bill 83019 (Request for connection to the Buena Sewer Trunk Line, Tracts 72-34 and 73-39). We have a vested interest, as do all other property Owners within the established Design Sewer Service Areas of which the City of Carlsbad is a party. Two of the Agreements referenced are: 1. Basic Agreement between Vista Sanitation District and the 2. City of Carlsbad - County Number 1858-2129-E Agreement between Buena Sanitation District and the City of Carlsbad - County Number 3405-2103-R. We feel that the aforementioned Agreements provide for use protection within the Design Service Areas and that the allocation of capacities to anyone outside these areas is contrary to the intent and letter of these Agreements. Respectfully requested, McK LAND DEVELOPMENT INC. Thomas E. Kern Pres iden t TEK: j c cc: Mr. Vince Biondo