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HomeMy WebLinkAbout1978-01-17; City Council; 5306; Request for Reconsideration of Action-Kamarir . CITY OF CARLSBAD Initial: Dept. Hd. AGENDA BILL NO. 6346 DATE : J~QLELI-V 17, 1978 City Atty a DEPARTMENT : P-G l3-N" City Mgr. Request for Reconsideration of Action on the First Phase Sewer Allocation System by Kamar Construction Company S-TXTE$lI?TJT OF THE MATTER A letter was submitted to City Council on January 3, 1978 by Mr. Nicholas C. Banche asking for reconsideration of Council action bn the First Phase Sewer Allocation System. The letter points out that the City Sewer Allocation Committee at their meeting of December 20, 1977 entertained a question regarding whether or not certain public facilities had been oversized by Kamar in their previous developments. Certain exhibits were attached to this letter in explanation of the request that in fact oversizing sewer and storm drains did occur. J. EXHIBITS Letter to City Manager from Nicholas C. Banche, January 3, 1978. Letter to City Engineer fm Jerry Rmnbotis of Kamar dated Nvember 16, 1977. Beport to City Manager froan Planning Director and public Kbrks Administrator Ma-m to City Manager froan Public Wrks Administrator dated January 3, 1978. Meprro to City Manager fKHn City Enghk dated January 10, 1978. dated January 3, 1978. If Council reaffirms its earlier action, a motion may be made to deny the request. If Council finds that the sewer application was denied in error and qualifies for allocation, staff should be instructed to- prepare the documents necessary for granting the a1 location. Counci 1 action 1-17-78 The Council made findings that the sewer application was denied in error and qualifies for allocation, and staff was instructed to prepare the documents necessary for granting the allocation. FOP& PLANNING 73 b WILLIAM H. DAUBNkY NICMOLAS C. BANCHE CLARENCC n. scnLmimcR LAW OFFICE§ OF DAUBNEY AND BANCHE A CROCLSSIONAL CORPORATION 702 FOURTH STREET POST OFFICE BOX 390 OCEANS~E. CALIFORN~A ea054 January 3, 1978 City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Kmar Construction Co. ARtA CODE 714 TELEPHONE 722-lSSb Dear Paul : As a follow up to our conversation with regard to the first phase sewer allocation and its effect on the above referenced entity, please accept thisr letter as evidence of my intent to appear before the City Council at its regularly scheduled meeting of January 3, 19f8, and request a reconsideration of the action taken by them concerning the first phase allocation and Kamar Construction Co. at the Council Meeting of December 20, 1977. You will recall that a q\re+ian arose at that meeting con- cerning whether or not certain' pbblic facklities had been "oversized" by Kamar. In cdrroborhtion of that statement I enclose herewith as Exhibit "A", a copy of the Minutes of that meeting. letter of November 16, 1977, to the City Engineer establishing that certain public improvements Qqre in fact oversized. I am also enclosing, as Exhibit "B", a copy of Kamar's In further corrobofation of that statement, I also enclose as Exhibit I'C", a copy oP my client's letter of November 16, 1972, again with general regard to the question of oversizing. The basis for this reconsideration is the availability of accurate information with regard to the issue which through inadvertence was not presented to December 20, 1977. It is respectfully submitted is provided for in your ordinance Robert's Rules of Order. Sincerely , the Council at the meeting of that the motion to reconsider by means of a reference to NCB: jp encl . . BUILDERS . and DEVELOPERS 325 Elm Avenue Post Office Sox 1155 Carlsbad, Califomis 92008 . Phone 7141729-791 1 . Contractor's License No. 161995 'L November 16, 3-97? Mr, Tim Flanagan City of Carlsbad 1200 Elm Avenue Carlsbaci, Ca, 92008 . a. ... Re: Oversizing Sewer 8G Storm D in CT 72-1. -c Dear Tim, .. We' would apprec;ilate your prompt attention to our -previous requegt; for a re-imbursenent contract covering the/above nentioned diversion, As you 'know El;. Sjseet is now complete and with the advent of winf;s:r./the drainage basin adjacent to Valley 4; now be enjoying the benefits of our not our first request'for a resolution of this problem, rinstalled..-systems, As you know this is ..-*- .e . 0 -. .. '. i '36 . .... -- ... ... .-. * I. . .. . -.-. .... .* ..... c *- -. -. - --. *. . .-. 2. . - '.2', .,. .. . -. .... .* .. . . -* ..... - .- , .e . .. ....... -... ... ,,',.t, . ..:. *.%I ..... - . .. ... .. .- *. .. ...... a. ......... ..... .. .. : ... .a - ....... . 0 0 e. c ** 0. *. . 0 . c e. *. EXHIBIT .. .. /. . 7 .. .... .. .. ... .. .. .. '. ... .. -. .... .. L .. .. . .- .. .' .' .i.- . .- ;. . . '. ,. .. .. ... City of' Carlabad Nowembsr 16, 1372 .- . ,. .. .' . f. 8 .~ .. .. - 1% ohauld be noted that only thuss itema auhJBct to chsnga aa a - rosulk of divsrtod flow hav$ bsan includac! borein. Vary truly yourop' : '. .. I. . I. - .. .. -. * .. e. - . f .... .. .. ' ... .. .. ~. . -lab. . cc: Kamar Cahatructicn ROY t, KLEMA, ENGINEERS, INC, .. -. co. -. .- . - .- -. ... .... .- . 9- .. .* .. . . *. .- .' .*.. *. :.-. . ' . . .. , ..... .. : - -. : .e . 0. .* ... .. .. 9 *. . .e c .- ... . - -- .-. ,. -. .. * r: ' : -. .* * - a. .. .- .. .. ._ .... * '. .- .. -. ... .. *. .. 9 ..... . .. .. c .- .. ... -. . ._ ' .. .. .. .. e' c* . b - ** .. .. .. . . -. . . a. Cf i- - .- MEMORAN DUM January 3, 1978 TO : FROM: SUBJECT : BACKGROUND Paul Bussey, City Manager . James Hagaman, Planning Director Ron Beckman, Public Works Direc or 1 Interpretation of Qualification 4b of First Phase Sewer Allocation System f *- During the early meetings of the Council Sewer Cornittee with staff on the First Phase Sewer Allocation System, various criteria for qualification in the first phase system were discussed by the group. Of the four criteria required to qualify, the fourth criterion presented the most difficulty to the Council Committee. During the Council hearing on the First Phase Sewer Allocation System in December, 1977, one particular criterion, i.e., 4b "The Project proponents had made contribution to public agencies in order to develop which cannot now be refunded" presented some difficulty to the applicants and Council in terms of interpretation, In-order to assist the City Council in understanding the origin of this criteria, staff has compiled the following for your information. DISCUSSION -. During the Council Sewer Comniittee's mektings. on this matter, the. criteria contained in the fourth qualification were developed early in the study. Each item, in our opinion, was a result of a particular situation which developed during that time which the Council felt may apply not only to particular projects, but other projects in similar situations. The particular criteria developed for 4b were discussed in relation to Mr. Rombotis' proposed project off Park Avenue wherein a ten lot sub- division was previously approved and construction agreement contracts had been entered into which had committed the applicant to perform certain public improvements in anticipation of receiving building permits immediately upon completion. In effect, the moratorium eliminated.the possibility of issuance of building permits; therefore, the criterion was placed in the proposed allocation system, . The Staff's interpretation of that Council action was that a project- which had received approvals and now had made commitments to perform certain improvements in the City, which could not now be changed or reversed, could qualify under this criterion. The staff, in .reviewing applications for first phase sewer allocations, dealt with the facts and information submitted with the applications and did not attempt to interpret an affirmative answer to any question. Staff felt, during the process, that many projects were meritorious in nature and could have some positive benefits to the City of Carlsbad-. However, our task was to administer the sewer allocation system as developed by the City Council and, therefore, not all projects which may or may not have been considered of benefit to the City qualified for sewer hookups. The Council's Sewer'Committee met last week and is preparing a report to the City Council for your meeting of January 17, 1978. The Committee is suggesting to Council that criterion No. 4b be deleted in its entirety and that the allocation system be reopened for two weeks to allow hew applications and changes to present applications. Prior to reopening, staff isianalyzing the rating system and other procedures related to the first.phase to minimize the concerns effected in the process, JCM: s . c MEMORANDUM TO : City Manager FRGM: . Pub1 ic Works Administrator e DATE : January 3, 1978 SUEUECT: 'Supplement -to Memo on Interpretation of Qualification 48 of First Phase Sewer AI location System Questions have been asked concerning the public improvements that were installed for the Hosp Grove Master Plan developments, specifically as they may relate to the Buena Woods Ill project. During earlier stages of development (Buena !Yoods I and 1.1). public im- provements were instal led to handle existing drainage f lolrls through the ,site as well as to provide for drainage and sewage services to an area westerly of the Master Plan site. Specific improvements instal led are as.follows: Sewer 8" vitrified ciay pipe (VCP) was installed in Monroe from Elm AvenueA-o within approximately 200' of Marron Road. pipe increased to IO". The IO" I ine was constructed in F4arron Road east- erly to an angle point; +hence northerly to a point of connection'with . the Vista-Carlsbad trunk I ine. Sewer I ine in these latter stages was re- qui red to be c.onstrlci.cted out of either extra-strength VC? or ducti le iron because of existing soils conditions. The City has been requested to es- tab I ish a reimbursement agreement far the overs i z i ng -,( 10" I i ne versus 8" I ine otherwise required). Storm Drain At that point the size of A 42" diameter I ine was constructed for a length of approximately IIOO'. Contributory to this line was an existing 36" diameter siorm drain and an existing 24" diameter storm drain servi'ng lands to the south and east. In addition, a 36Ir stub was provided so as to extend a storm drain iine to the west to serve an area otherwise not provided with storm drain ser- vice. This I ine has since been constructed in conjunction with the re-' cently completed Elm Avenue extension. oversizing-of this line has been received by the City. Request for reimSursernent for \dater An existing 8" and 14" water I ine served this area. Appl icant has con- structed segments of IO" and 12'' I ine in Monroe northerly of Elm. These lines a're purportedly to provide capacity for future development in other arebs of the Hosp Grove Master Plan and/or to privately owned commercjal property northerly of Marron Road.. Ronald A. Ueckman, P.E. r-,L,. &, 8- *I. .- . . -- mR7N)UM - Jan- 10, 1978 To: City Manager FROM: City Engineer SUBSECT: Reguest for Reconsideration of Action on the First Phase Sewex Allocation System by Katnar Construction Ccnnpany BACKGROUND: Kamar Construction Ccgnpany has requested that the City Council reconsider their application for sewer allocation based on the fact that certain public facili- ties had been oversized by Kamar during construction of l3uena Ws #1 and #2. These facilities (primarily sewer and storm drain) we oversized to handle not only tlae aproved msp Grove Master Plan area but also an area to the west that is outside the "watershed" or topgraphical area that nomlly contributes to the need to oversize facilities. public facilities has to do with requirennents to enlarge sewer ard storm drain facilities to handle flows fm upstream and/or to transprt these flaws down- stream. In the case of the Kamar project, mre ccmm~)nly referred to as Hidden Ws (Ehena Pbods #2), the developer was required to also size the facilities to provide for a future service to aFrproximately 80 - 90 acres in what could be considered another service area or "watershed. I' Additionally, as the reminder of the Hosp Grove Master Plan is developed, additional oversizing of future downstream storm drain systEms will be required. Stated another way, mst "oversizing" of Based on questions raised at the City Council meeting of January 3, 1978, you have asked me to review other projects that may be similar in nature with respect to oversizing of public facilities. me to CCBnpare this application to the other applications in the First Phase Sewer Allocation System. Mre particularly, you have asked DISCUSSION: There are nmus projects (Master Plans, Phased Subdivisions, Specific Plans, etc.) which have constructed public facilities in the initial phases and are "oversized" to handle not only the initial phases but also are sized properly to handle the carp?leted project. Phased Master Planned projects such as Papagayo, Alta Mira, Tangld, Pa1am.r Airport Business Park, and La Costa care to mind as fitting this category (the category wherein the qleted public facilities are sized to serve the catpleted Master Plan). There are other projects which, because of location and topography, are required by the City to "oversize" certain public facilities that will serve other areas MEMO TO: C in addition (at 1-5 and several tho ty Manager -2- to the Master Planned area. The Occ Poinsettia) for examp e was required sand feet north of their project to January 10, 978 dental Land Master Plan to extend a sewer trunk line he Encina treatment plant. This 1 ine was oversized to serve over- 1,000 acres upstream as well as- hundreds of acres downstream which are outside the limits of the Occidental Master Plan. The Rancho La Questa (Ayres) Master Plan is similarly in this category as land outside of the Master Plan area will be served by a sewer trunk line that was required to be oversized to serve the sewer basin which is larger than the Master Planned area. Standard subdivisions often are required to construct offsite sewer lines to serve the subdivision. downstream sewer line to be "oversized" to serve the needs of the sewer basin. An example of this is the Kamar development known as Camino Mesa (east of El Camino Real at Chestnut). This phased project extended an offsite sewer line down El Camino Real to the Vista-Carlsbad sewer trunk line near Hi'ghway 78. There is a reimbursement agreement between Kamar and the City to reimburse the developer certain costs of this sewer line. The reimbursement comes from additional benefit fees charged to new development that utilizes the sewer line. It has consistently been City policy to require the SEWER ALLOCATION SYSTEM APPLICATIONS: In reviewing the First Phase Sewer Allocation System applications, there are phased projects which have, or will construct, public facilities which, in themselves, will be sized to serve more than the initial phase of the project as follows: Application Number ISAI 001-003 MSAI 008 CSAI 004-006 CSAI 007-008 Des cri p t i on Coment Palomar Airport Business Park Pub1 i c faci 1 i ties have been constructed to provide service to all lots in Unit 1 and also to serve future Unit 2. Tamarack Shores 27 connections requested (54 needed) Unit 1 public improvements are under construction and include water, sewer, and storm drain facilities to serve Unit 2. Carlsbad Plaza Shopping Center Water, sewer, and storm drain faci 1 i ti es have been recently constructed to serve entire center. Marie Cal lenders Restaurant Water, sewer, and storm drain facilities are bonded and under construction to serve the entire shopping center MEMO TO: City Manager - 3- Application Number SSAI 008 Descr i p ti on Kamar (30 uni ts) SSAI 011 Tang1 ewood (52 units) January 10, 1978 Comments Oversi zing of faci 1 i ties has been constructed Oversizing of facilities has been constructed. SUMMARY : In summary, the only sewer applications similar to the Kamar application are MSAI 008, Tamarack Shores, and SSAI 011, Tanglewood. are for second phase development wherein public facilities have already been constructed in Phase 1 to serve subsequent phases. However, the Kamar application (SSAI 008) is unique in that, in addition to first phase construction which provided "oversizing" necessary to complete the ultimate Master Plan, this project was required to oversize portions of the sewer and storm drain to provide services to an area outside of the watershed. Both of these applications City Engineer b' TCF:ms c: PWA Planning Dept.