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HomeMy WebLinkAbout1977-09-06; City Council; 3213-6; Kaiser/Aetna-Ponderosa Homes0 +d. CITY OF CAKLSEAD ___ Initial: c. Atty. t Dept I Hd -4 ,' I 0 / iiGI?JDA BILL 313. 32 ,'.-!? -,/&/&- DATE : DEPARTMENT : Public Works C. Mgr. Subject : YY ~- \' September 6. 1977 __.__--- 1 - --- __---I__ _^____I-L- Kaiser/Aetna - Ponderosa Homes, CT 73-29, Unit 2 Draft Resolution of Buena %?itation District Pegardina TeRporary Use --- ---Vma&Ptfal'-t-------------- Staterr,ent of the X& tter _- -- - I The applicant, Ponderosa Homes, in order to finalize CT 73-29, Unit '2 must provide either permanent sewer trunk line service to the proposed subdivis or an approved temporary service until the trunk line is constructed: The applicant proposes the latter course. In order to provide temporary service, it is necessary for the City to re- ceive approval from the Buena Sanitation District for temporary connection of property outside of their authorized service area to the Buena outfall. City staff, at a meeting on August 19, 1977, indicated to the applicant that we would recommend approval of such a course of action to the Council only if the question concerning impact on previously approved tentative ma within the service area by the proposed temporary connection is resolved. The applicant has forwarded a draft resolution purported to be acceptable to the Buena staff and Board of Directors subject to City's approval. The presently approved maps within the service area. - appl i cant 3 however 3 has not resolved the question concerning impact on Exhibits 1. Staff report of August 31, 1977 2. City Attorney's letter of August 23, 1977 to Attorney Clayton Parker 3. Attorney Clayton Parker's letter 'of August 26, 1977 to Public Works Admini strator 4. Draft resolution of the Board of Supervisors of the County of San Diego, acting as the Board of Directors of the Buena Sanitation Distri Recommenda ti on Until the problem concerning impact on previously approved tentative maps within the service area is resolved, staff recommends denial of approval of the draft resolution. Council action 9-6-77 The Council accepted staff recommendation and denied approva of the draft resolution. * 0 0 MEMORANDUM TO: City Nanager FROM : Pub1 i c Works Admi ni s trator DATE: August 31, 1977 SUBJECT: Kaiser/Aetna - Ponderosa Homes, CT 73-29, Unit 2 A meeting was held in the Public Works Administrator's office on August 19! 7977 to discuss, with the applicant's representatives, the issues of pro- viding sewer trunk line service to the referenced development so that the map might be finaled prior to expiration (November 6, 1977). The details of that meeting are contained in a letter dated August 23, 1977 prepared by the City Attorney. The essence of the meeting was that if the appli- cant is to final their subdivision, some method of sewer trunk line ser- vice must be provided to the site. problem by construction of a major trunk line and pump station, applicant proposes to provide temporary service by connection to a San Narcos owned line which exists within the property. This line connects to the Buena outfall where capacity is jointly owned by the Buena Sanitation District and City of Carlsbad. credited against Carlsbad's capacity in the trunk line. Since the pro- posed development is outside of the authorized service area for this trunk line, the City's agreement with the Buena Sanitation District re- qui res that the Buena District Engineer approve such temporary connection. A compounding factor in this case is that an existing tentative map, which was recently reapproved by Council (CT 77-12) , would use all or most of th available capacity in the line. Since the City had already approved that tentative map, anticipating service through the Buena outfall, staff feels that it would be improper to recommend approval of additional temporary connections to that trunk line without the knowledge and approval of the developer of CT 77-12. Ponderosa Homes, if they wish to final CT 73-29, Unit 2, would be required to obtain City Council's approval of the concept of using the San Marcos force main and Carlsbad's connection to the Buena outfall. Buena Sanitation District and for resolving the problem regarding CT 77-14 The applicant's attorney, by letter dated August 26, 1977 (attached), in- dicates they wish to pursue the course of action outlined above and have prepared a draft resolution for approval by the Buena Sanitation District' Board of Directors (County Board of Supervisors). Their discussion with Supervisor Taylor indicates that the County would probably not take favor- able action on such a request unless they knew the action was agreeable tc the City of Carlsbad. The applicant, therefore, is requesting that the City Council approve, in concept, the draft resolution attached to their attorney's August 26th letter. While the resolution appears to be satisfactory, the applicant has yet to resolve the problem concerning impact on the existing approved tentative Pending permanent solution to this At this point, applicant proposes their flow be They would be responsible for securing authorization from the 0 a Memo to CM - 2- August 31, 1977 map within the Buena service area and, therefore, until such problem is re- solved, staff would recommend denial of the proposed resolution. c Ronald LQL A. deckman, 3cL P.E. Pub 1 i c Wo r ks Adm i n i st r a to r RAB : veb Attachments e 0 CITY OF CPeR&SB!*D 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1 187 VINCENT F. BlONBO JR. August 23, 1977 CITY AlTGRNEY Mr. Clayton H. Parker Alexander Bowie, A Lao 610 Newport Center Drive Newport Beach, California 52650 Corporation Suite 1220 T-2; 2 .1 IS77 RE: Kaiser Aetna - Ponderosa Homes CITY OF c=P,2tSBWD EnSineering Department Ca-rrillo Unit No. 2 - CT 73-29 Cear Mr. Parker: On August 19, 1977 a meeting was held in the Public Works Administrator's office to discuss the problems which have arisen in regards to finalling the above-referenced subdivision. -You and Nr. Gabrielson, of 2ick Engineering, represented the subdivider. and the City Attorney represented the City. Works Administrator has asked that I send this letter memori- alizing the result of our meeting. The Public Works Administrator begar, the meeting by outlining the City's understanding of the matter. Your subdivision is located in a drainacre and sewer service area for which there is no trunk line to transpcrt waste water to the Encina Treat ment Plant. In that case, it'was necessary to impose a requirement on your subdivision that the developer provide pwer the necessary trunk line to insure the availability of s- service to the subdivision. The City had contemplated that you wculd either construct the necessary line yourself or participate in its construction with other potentially benefi ing property owners. Our files indS.cate that the developer understood and acknowleZged this obligation, in light of the costs involved in the trunk line constructior Mr. Gabrielson, sometime ago, proposed a temporary solution which would commit the developer to contribute to the con- be finalled on the basis of a temporary connection into a different sewer service area and trunk line. The developer The Public Works Administrator The Public struction of the trunk line while allowing the subdivision tc e e Mr. Clayton H. Parker -2- August 23, 1-977 represented that they had the legal right to exercise a con- dition of a private agreement between the original landowner, or their successors in interest, and the Sari Marcos County Water District. Under the terms of this agreement, the develc represented that they had the right to tie into the San Marco: force mairi and transmit the waste water from the subdivision to the plant using the San Marcos trunk line and San Marcos' leased capacitv in the Buena trunk line. The City's staff hac indicated that,provided the developer could secure the necess approvals, they would favorably recommend the temporary solut as outlined above. Mr. Gabrielson recognized the essential correctness of the above-stated position; however, he indicated he had entertain a different understanding in regards to whose capacity in the Ruena trunk line would be utilized. He maintained that his temporary solution had contemplated using Carlsbad's capacity in the Buena line and not that of San Yarcos. After reviewin the file and, in particular, the Public Works Administrator's letter of December 13, 1976 to the Buena Sanitation Zistrict, which clearly reflected the City's understanding, Mr. Gabriel acknowledged that the City's position had in fact always been as stated by the Public Works Administrator. There followed considerable discussion regarding possible solutions to the problems facing the developer. The first solution which would be acceptable to the City's staff, would be for your client to provide the contemplated "Carrilio" trunk line. Staff could recomqend, in that event, establishing a charge for the benefitizg property owners to be reimbursed to the developer. The second solxtion acceptable to the City staff, would be for you to carry out your originally proposec temporary solution by reaching agreement with San Marcos to utilize their trunk line and their capacity in the Buena line A third solution was discussed, which is a good deal. more complicated. and San Marcos for utilization of the San Marcos force xain and an agreement with the City to utilize Carlsbad's capacitl in the Buena line. This can be accorn?l?shed pursuant to the Buena-Carlsbad Agreement if Buena consents to the temporary with this solution: 1. It involves sewering an area through the Ruena line that It would involve an agreement between the City connection. There are a number of probl.ems ir! connectior! is outside the Ruena line service area, which may be in conflict with the basic jGint powers agreement for the Encina Plant. 0 0 Mr. Clayton H. Parker - 3- August 23, 1977 2. This problem is particularly acute because the City's ., capacity rights in the Buena Line are limited. There are already approved tentative maps (in particular CT 77-12) within the Buena line service area which will use all of Carlsbad's available capacity in that line. County staff has indicated they are willing to discuss approval of temporary connections but only in the context 1 of a renegotiation of Carlsbad's rights in the Buena line The Public Works Administrator is not in a position to recommend any such renegotiation which could result in a relinquishment of the City's capa-city rights. 3. E,. In order to implw.ent this solution, the City and San Plarcos would have to reach agreernent on the uti-lization of the San Marcos fcrce main. The Board of Supervisors would have to,by resolution, approve the temporary connection without conditions. 5. 6. Developer mmst com>.it to pav a portion of the cost of paralleling the Buena line and a proportionate share of the cost of constructing the Carrillo trunk line. The cost OF either line has not Seen determined nor has t.hs number of potential units in each area, so development of the appropriate cha.rqes will necessitate a significant amount or' staff work. Assumincj the agreement wit5 San ?!.arcos can be neGotiated, written and approved by the respective governing bodies, and assuming the Board of Supervisors are willing to consent- to the temporary connection, there remains the problem of the City's lack of capacity in the Buena line. Administrator indicated that while he would present the matter to the City Council, he would do so with a recommenda- tion of disapproval unless the question of the potential legal ri.yhts of subdivisions, such as CT 77-12, within the Ruena line service area, could be resolved. We discussed the fact that your subdivision map woul6 expire early in November. There is only a limited amount of the, approximately eighty days, within which to accomplish all of those steps necessary to secure final ma? aproval. All the usual requirements, such as improvement plans, inprove!r.er agreements, bonds, etc., nust be accomplished in sufficient time to allow the City Engineer to prepare his rccommend.atior and place the map on the City Council agenda. In addition, The Public Works e 0 Mr. Clayton H. Parker -4- August 23, 1977 you will have to effect one of the above-discussed solutions While the City Staff, of course, will provide any reasonable assistance, as they would to any reasonable or logical reque you must recognize that due to the difficulty ”. of the problem and the complex inter-agency relationships involved, it very well may not be possible to solve all the problems within the time remaining. It was also pointed out that notwithstanding the fact that a the above-discussed problem might be solved and the final map approved, there remains a building moratorium due to a lack of sewer capacity in the Encina Treatment Plant. The final map, if approved., would carry a note ind.icating that no building permits would be issued until sewer service was available. At this time it is doubtful that additional amou of capacity, sufficient to serve the subdivision, will becom available in the foreseeable future. You offered us your assurance that none of the City’s effort to assist you in securing final nap approval would be used b you as a basis for a claim of preference in the allocation o sewer permits should additional capacity become available in the future. You indicated your understanding that in attern? in9 to go forward at this time you are doing so recognizing the difficulties and at your own risk. It is our understanding that you and/or Rick Engineering wil attempt to effectuate one of the three potential solutions to your problems as discussed above. The first two do not directly involve the City. In the event you would like to will attempt to meet with representatives of the City and San Marcos and reach agreement on the use of the San Marcos force main. You will further attempt to secure approval of the County of San Diego Board of Supervisors for a temporarl connection to the Buena line. Finally you will attempt to resolve the Staff ccncerns regarding the limited City capaci rig5ts in the Buena lir,e and the rights of CT 77-12 and the other developments within the Ruena line service area. If these matters can be resolved, the City Staff will prepare E agenda bill and place the matter before the City Council at the next available regular City Council meeting. pursue the third alternative, it is our understanding that j 0 6 August 23, 1977 Mr. Clayton H. Parker -5- We will by copy of this letter inform the other affected parties of your position in this matter and the assumed course of action which you and your clients will pursue. Please let us know if we can be of any further assistance. Very trul ours, 99%: (7 4 (-24, flG (J1 R19:JDot/L * VINCEPIT F. City Attorney VFB/mla cc: City Manager Public Works Administrator @ City Engineer Mayor and City Council Lyle Gabrielson - Rick Engineering E. W. Dominquez Executive Ass is t ant to Supervisor Lee Taylor James McKay San Marcos County Water District Vernon A. Peltzer Attorney at Law James Franzen Department of Sanitation & Flood Control Buena Sanitation District 0 a 610 NEWPOR' CEKTER OiilVE * SUITE I? NEWPORT BEACH, CALIFORNIA 52660 A9EA C03E 714 TELEPHONE 644-9311 A LE X AND E R 3 0 IV I E A LAW CORPORATICU ALEXANbER BONlE CLAYTON ti. PAPriER SPENCER E COVEPI, JF( REF OUi! FILE NANCY C SHANAHAN SrEP-iANIE L SCHER 1116 ROaERT A RYAN, JR. August 26, 1977 I ** c> JL h M 9 jyy City of Carlsbad ClfY CF CARL$ 1200 Elm Avenue En:jceering 0ernr; Ronald A. Eeckman Public Works Administrator Carlsbad, CA 92008 Re: Kaiser-Aetna/Ponderosa Eomes; Carrillo Unit No. 2 - CT 73-29 Cear Mr. Eeckman: Reference is made to Mr. Biondo's letter of Auguz 23, 1977, addressel! to the undersigned. It does appear that the third solution as set forth in Mr. Biondo's letter is the only practical one in this instance. The undersigned did discuss this matter with Mr. C. J. Ilouson, the Director of the County of San Diego Depai ment of Sanitation and Flood Control, this date. He indi- cated that there probably would be no objection to allowin! -the use of the City's capacity in the Buena Sanitation line for the purpose of sewering the property involved. He did indicate that the use of the line was contingent on treatment plant capacity. Obviously, building permits cannot be issued for the tentative tract until there is some method of treating the sewage enanating from the traci and obviously trunk sewer service is not needed until treatment plant capacity is available. I discussed this matter with Supervisor Lee Taylc in his office on Tuesday, August 23, 1977. He ineicated that he did not favor the Board of Scpervisors taking any action until such tir.3 as it bras known that the action was agreeable to the City of Carlsbad. He did suggest that I talk to the Honorable Robert Frazee regarding this matter. Er. Frazee was kind enough to give me a few minutes of his time later that date. 0 A LAW CORPORATION ~"vv. LLLlA /\ rLAw u L. .LL Ronald A. Becknan August 26, 1977 Page 2 Providing sewer service to this unit requires mar things. It is Ponderosa E-lomes' desire at this time to be able to record their final map. We do understand that various things must be accomplished, Mr. Frazee was given a copy of a d-raft resolutio1 which had been given to the County of San Diego regarding this matter. He indicated that he would give it to the Cil staff. It is requested at this time that the County of Sar Diego be advised that the City is agreeable to the Board oJ Supervisors taking action substantially in accordance with the proposed attached resolution. Your assistance in this matter would be greatly appreciated. Very truly yours, ALEXANDER BOWIE A Law Corporation CHP :wm Enclosure ayyon H. 'Parker cc: Honorable Robert Frazee Mayor, City of Carlsbad Paul D. Bussey, City Manager City of Carlsbad Tim Flanagan, City Engineer City of Carlsbad Vincent F. Biondo, Jr. City Attorney, City of Carlsbad Honorable Lee Taylor Supervisor, County of San Diego John Garcia, Vice President and General Manager Ponderosa Homes Lyle Gabrielson, Iiick Engineering James McKay, San Marcos County Water District Vernon A. Peltzer, Attorney at Law C. J. Houson, Director Department of Sanitation & Flood Cor,t'rol County of San Diego Ruena Sanitation District BY &*// / /, i(" <--- / / a Fp)/\FT id u'; -u 0 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, ACTING AS THE BOARD OF DIRECTORS OF THE BUENA SANITATION DISTRICT WHEREAS, the Buena Sanitation District and the m'4 LLcy of Carlsbad entered into an agreement dated June 20, 1566, providing for the acquisition of capacity by the Cit 25 Carlsbad in an outfall sewer known as the Encina Outfal -A- 2-d WEREAS, the agreement provides that the use of t,he Outfall Sy the City of Carlsbad is for the use of certain arezs within the Carlsbad Service Area; and -----?,.-! ~~~KLAS, the agreement further provides that territory GEzs52e of the areas defined in the agreement may be serve6 hy Carlsbad on a temporary basis with the written consent of the engineer of the Buena Sanitation District; z-12 VTL-:E?E_IS, the City of Carlsbad has previously apmv& Te~tative Tract No. 73-29 located within the Citj of Carlsbad; and WHEREAS, the subdivider of said tract has reques tht there be temporary use of the Encina Outfall by CarlE to serve Unit 2 of Tentative Tract No. 73-29, consisting c 111 lots; and WHEREAS, this Board of Directors is willing to allow the engineer of the Buena Sanitation District to consent to such temporary use; CHP :wm 8/26/77 -1- pm u j b(%,k% V\KT 0 L 4 6 .' NOW, THEREFORE, BE IT RESOLVED as follows: 1. Pursuant to Section 7 of that certain agree- ment dated June 20, 1966, by and between Buena Sanitation -+ Wstrict and the City of Carlsbad, this Board of Director; 632s hereby authorize the engineer of the Buena Sanitatior District to give consent for the temporary use of the Enc: 2a;ltfall for.L,ha purpose of servicing Unit 2 of Tentat$ve Tract No. 73-29, located within the City of Carlsbad. 2. This action is conditioned upon the consent 2roviding that the use of the Encina Outfall shall be rsstrictee ts czpzcity which has previously been acquired by the City of Carlsbad. 3. This action is further conditioned upon the provision t'xt the use of the line shall not take place until such tine 2s treatment plant capacity is available for the p~rpcse of servicing Unit No. 2 of Tentative Tract LO. 73-29 me th~, use of the line is for a period of not to exceed five years. -.- CHP:wm 8/26/77 -2-