HomeMy WebLinkAbout1978-02-21; City Council; 5346; San Marcos County Water DistrictCITY OF CARLSBAD
AGENDA BILL NO. i^V^C _ : _ Initial:
Dept.Hd.DATE: February 21. 1978 -
DEPARTMENT: _ Engineering _ C. Mgr.
Subject: COUNTY WATER DISTRICT ASSESSMENT DISTRICT 76-3 (QUESTHAVEN)
Statement of the Matter
San Marcos County Water District (SMCVID) is planning an assessment district
for water transmission and storage facilities and a connection to the San Diego
Water Authority Aqueduct. A more detailed description of the project is listed
in Exhibit 1. Most of the proposed district lies within the city limits of
San Marcos, but portions lie in the City of Carlsbad and unincorporated county
land.
Under the provisions of the Municipal Improvement Act of 1913, the City Council
must approve the initiation of assessment district proceedings and the assumption
of jurisdiction by the SMCWD for the construction of the proposed work.
The EIR has been processed with the San Marcos County Water District
as lead agency. The final EIR will be available at the meeting.
Exhibits: '
1. San Marcos County Water District letter dated February 10, 1978 with
attachments.
2. Resolution No. .
Counci 1 action
2-21-78 Following discussion the matter was continued to the next
Recommendation:
«
If Council concurs, adopt Resolution No.. ^,5/^9
Council action
2-21-78 Following discussion the matter was continued to the next regular
meeting in order for Council to review the EIR and the area to
be assessed.
2-28-78 Resolution #5313 was adopted, approving initiation of proceedings
and the assumption of jurisdiction by the San Marcos County Water
District for construction of certain work pursuant to the pro-
visions of the Municipal Improvement Act of 1913.
LRCOStO February 21, 1978
CITY COUNCIL /;-
City of Carlsbad p
Carlsbad, California 92008 !;;
Re: It-em 22 - Agenda Bill #5346 - Your February 21, 1978 Agenda
The San Marcos Counfy Water District Assessment District 76-3 (Questhaven)
involves, among other things, improvements on and for land owned or controlled
by our company. We request that you approve the Agenda Bill as submitted.
Thank you,
Sincerely,
LA COSTA LAND COMPANY
Fred J. Morey
Vice President
FJM/eem
COSTA DEL MAR ROAD • CARLSBAD, CALIFORNIA 92OOS • AREA CODE 71-4 • TELEPHON E -438 - 9111
PRESIDENT
OBY BLANCHARD
VICE PRESIDENT
STANLEY A. MAHR
DIRECTORS
SCOTT J. DOW JR.
WILLIAM A. MICHEL
JACK L. VANDERBECK
JAMES F. MCKAY
ATTORNEY
VERNON A. PELTZER
son marcos county water district
PHONE (714) 744-0460 • 788 SAN MARCOS BOULEVARD • SAN MARCOS, CALIFORNIA 92069
February 10, 1978
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Gentlemen:
Re: Assessment District 76-3
Enclosed for your use are the following documents:
A Certified copy of Resolution $463,
Requesting the City of Carlsbad Approve
Taking Certain Proceedings, etc.
Sample Resolution of the City Council
Approving Initiation of Proceedings, etc.
Proposed Resolution of the Board of Directors
of San Marcos County Water District Declaring
its Intention to Order the Acquisition of
Certain Property, etc.
At the request of the property owners involved, San
Marcos County Water District proposes to take Assessment
District proceedings to install water system improvements
in an area which includes a portion of your City. A map
showing boundaries of the proposed assessment district,
with facilities to be installed, and the boundaries of
the City is enclosed herewith.
WATER BASIC TO ... LIFE ... HEALTH . . . AND PROGRESS.
son marcos county water district
City Council
City of Carlsbad -2- February 10, 1978
In accordance with the Municipal Improvement Act of
1913, the Board of Directors of San Marcos County
Water District has adopted a resolution requesting
the consent of your Honorable Body to the aforesaid
proceedings. A certified copy of said resolution is
enclosed herewith for your review. Also enclosed is
the proposed District Resolution of Intention to conduct
assessment district proceedings for the assessment
district, which will be adopted by the District follow-
ing your consent to the proceedings.
We have taken the liberty of preparing a resolution
indicating your consent to the proceedings and are
transmitting such resolution herewith for your con-
venience.
On August 8, 1977, the Preliminary Draft Environmental
Impact Report was submitted to the City of Carlsbad
for comment and review and for approval pursuant to
Government Code, Sections 55401 and 55402. In the Final
Environmental Impact Report the information you requested
was included. Accordingly we anticipate no problems
with your taking action to approve the proceedings as
requested herein.
In order to comply with the desires of the property
owners, it is requested that you take action in the
form of a resolution and return a certified copy to
the District at your earliest convenience.
If there are any questions or if you wish someone from
our District to appear at the Council meeting at which
this is to be discussed, please call.
Sincerely,
lager</
JFM/mds
Encls.
WATER BASIC TO ... LIFE ... HEALTH . . . AND PROGRESS.
RESOLUTION NO. 463
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT REQUESTING
THAT THE CITY COUNCIL OF THE CITY OF CARLSBAD
APPROVE THE TAKING OF CERTAIN PROCEEDINGS
PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF
1913
Assessment District No. 76-3
WHEREAS, the Board of Directors of the San Marcos
County Water District is contemplating certain work under
the provisions of the Municipal Improvement Act of 1913
within the City of Carlsbad; and
WHEREAS, portions of the project and of the property
proposed to be assessed for said work are located in the
City of Carlsbad; and
WHEREAS, pursuant to the Municipal Improvement Act of
1913, the consent of the City Council of the City of
Carlsbad is required for the above proceedings,
NOW, THEREFORE, the Board of Directors of the San
Marcos County Water District DOES HEREBY RESOLVE as follows:
SECTION 1. The proceedings proposed to be taken and
the work proposed to be performed are all as described in
4
the proposed resolution of intention, which resolution is
entitled "Resolution of the Board of Directors of the San
Marcos County Water District, California, Declaring Its
Intention to Order the Acquisition of Certain Property
and the Construction of Certain Improvements and to Form
Assessment District No. 76-3."
SECTION 2. The proposed boundaries of said Assessment
District No. 76-3 are shown on a map thereof which indicates
by boundary line the extent of the territory proposed to be
included in said Assessment District, which map is designated
"Boundary Map, Assessment District No. 76-3 (Questhaven)."
SECTION 3. The City Council of the City of Carlsbad
hereby is requested to approve the initiation of said proceed-
ings and the assumption of jurisdiction with respect thereto
by the San Marcos County Water District.
SECTION 4. The Secretary of the District hereby is
authorized and directed to transmit a certified copy of this
Resolution, together with copies of the proposed Resolution
of Intention and the map designated "Boundary Map, Assessment
District No. 76-3 (Questhaven)", to the aforesaid City Council.
ADOPTED, SIGNED AND APPROVED this 6th day of
February , 1978.
P re's! den t'j'HSan' "Marcos
Water 'District
(SEAL)
ATTEST:
•Secretary, San Marcos County
Water Distric' '
-2-
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, JAMES F. McKAY, Secretary of the San Marcos County-
Water District, California, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Board of
Directors of said District at a meeting of said Board of
Directors held on the 6th day of February 1978,
and that it was so adopted by the following vote:
AYES: DIRECTORS : Vanderbeck, Dow, Mahr, Elanchard
NOES: DIRECTORS : None
ABSENT: DIRECTORS : Michel
Jepretary, San Marcos County
/^-Water Distric^ ,
(SEAL)
-8-
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I-, JAMES F. McKAY, Secretary of the San Marcos County
Water District, California, DO HEREBY CERTIFY that the
foregoing is a full, true and correct copy of Resolution
No. 463 of the Board of Directors of said District,
and that the same has not been amended or repealed.
DATED: February 10, ,1978.
Secretary, San Marcos County
Districtx7
(SEAL)
E73028-029
SAN MARCOS COUNTY WATER DISTRICT
Assessment District -76-3
(Questhaven)
Description of Area
The Assessment District is located along the southerly boundary of the
City of San Marcos and the easterly boundary of the City of Carlsbad.
The Assessment District contains approximately 2400 acres including
Section 27 and 28 and portions of Sections 19, 21, 22, 23, 26, 29 and
30 of Township 12 South, Range 3 West, San Bernardino Base and Meridian.
Rancho Sante Fe Road traverses the eastern portion of the District in
a general northerly-southerly direction while Questhaven Road extends
easterly from Rancho Sante Fe Road through most of the southerly
portion of the District. The preponderance of the District lies
within the City of San Marcos although portions of- the City of
Carlsbad and the County of San Diego are included within the District's
boundaries. With the exception of a portion of the area lying in Sections
29 and 30 and a portion lying in Section 27 which are due to be annexed,
all of the Assessment District lies within the San Marcos County Water
District.
The majority of the Assessment District consists of moderately sloped
hilly terrain and is currently undeveloped. The more gentle sloping
lowlands adjacent to San Marcos Creek and westerly thereof are planned
for residential development (La Costa). The majority of the remaining
lands (South City) are anticipated to be used for agriculture, open
space and rural estates, interspersed with areas of higher density
residential development with some planned commercial and recreational
facilities. . .
Description of Project Facilities
The project has been designed to provide water transmission and storage
facilities to serve the westerly portion of the Assessment District as
well as to make available a connection and chlorination facility for
service to the easterly portion of the Assessment District, to provide
transmission and storage facilities for a larger service area of the
San Marcos County Water District and to provide transmission capacities
for the Carlsbad and Olivenhain Municipal Water Districts.
The facilities consist of the following:
1. Connection to the San Diego County Water Authority Aqueduct
adjacent to Questhaven Road.
2. A chlorination facility adjacent to the aqueduct connection.
3. Approximately 6070 linear feet of 30 inch waterline westerly
along Questhaven Road from the aqueduct connection to a
takeoff for the Olivenhain Municipal Water District,
4. A flow control and metering station for the Olivenhain
takeoff.
5. Approximately 4300 linear feet of 27 inch waterline westerly
from the Olivenhain takeoff along Questhaven Road and north-
erly along Rancho Sante Fe Road to San Marcos Creek.
6. A pressure regulating structure in the vicinity of San
Marcos Creek.
7. Approximately 3300 linear feet of 20 inch waterline northerly
from the pressure regulator along Rancho Sante Fe Road and
the future right-of-way for Melrose Road to a connection
with an existing waterline jointly owned by the San Marcos.
County Water District and the Carlsbad Municipal Water
District.
8. Metering and control devices in the existing joint pipeline
to record and regulate flows into the Carlsbad system.
9. Approximately 3700 linear feet of 16 inch waterline in a
generally easterly direction fr;om the connection with the
existing jointly owned pipeline along the the Alga Road
right-of-way, Virco Street and Redwing Street, to Rancho
Sante Fe Road and easterly to terminate at the site of the
existing Meadowlark tank.
10. A 2.75 million gallon steel water storage tank together with
miscellaneous piping and controls adjacent to the existing
' Meadowlark tanks.
11. Appurtenant items of work such as valves, air releases,
blowoffs, telemetry, and corrosion control.
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§^§
III
PROPOSED
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT,
DECLARING ITS INTENTION TO ORDER THE
ACQUISITION OF CERTAIN PROPERTY AND THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS
AND TO FORM ASSESSMENT DISTRICT NO. 76-3
WHEREAS, the Board of Directors of the San Marcos
County Water District proposes to take proceedings pursuant
to the provisions of the Municipal Improvement Act of 1913,
being Division 12 of the Streets and Highways Code of the
State of California (herein referred to as the "Act"), for
the acquisition of certain property and the construction of
certain waterworks system improvements, appurtenances, and
all appurtenant work in connection therewith in certain
streets, alleys, and other public easements (herein referred
to as the "improvements"); and
WHEREAS, all of the owners of more than 60 percent in
area of the property subject to assessment for said proposed
improvements have signed and filed with the Secretary of the
District a written petition for said improvements and waiver
of the provisions of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931; and
'WHEREAS, it appears to the Board that an assessment
district should be formed to finance the acquisition of
property and the installation of said improvements under the
provisions of the Act; and
WHEREAS, the proposed boundaries of such assessment
district are shown on a map thereof which indicates by a
boundary line the extent of the territory proposed to be
included in such assessment district, which map is designated
"Boundary Map, Assessment District No. 76-3 (Questhaven)"
(herein referred to as the "Map"), has been presented to the
Board for approval and is on file in the office of the
Secretary; and
WHEREAS, the firm known as Neste, Brudin & Stone, Inc.
(herein referred to as the "Engineer") is competent to make
and file with the Secretary the report with regard to the
improvements, which report is required by the Act to be made
and filed; and
WHEREAS, before ordering the improvements the Board of
Directors is required under the Act to adopt a resolution
declaring its intention to do so,
NOW, 'THEREFORE, the Board of Directors of the San
Marcos County Water District DOES HEREBY RESOLVE, DETERMINE
AND ORDER as follows:
SECTION 1. This Board of Directors hereby finds and
declares that the public interest and necessity require the
acquisition of certain property and the construction of
certain waterworks system improvements, appurtenances, and
all appurtenant work in connection therewith in certain
streets, alleys and other public easements as hereinafter
described; and this Board of Directors hereby declares its
intention to order the improvements and to form an assessment
district covering the real property benefited by said improve-
ments.
•SECTION 2. The number of the proposed assessment
district shall be No. 76-3 and such district shall be desig-
nated "ASSESSMENT DISTRICT NO. 76-3".
SECTION 3. The Map, which indicates by a boundary line
the extent of the territory included in said proposed assess-
ment district, is hereby declared to describe the proposed
-2-
boundaries of Assessment District No. 76-3 and shall govern
for all details as to the extent of said assessment dis-
trict.
SECTION 4. The Secretary of the Board of Directors is
hereby directed to endorse his certificate on the original
of the Map evidencing the date and adoption of this resolu-
tion and to file said Map in his office, and forthwith to
file a copy of said Map so endorsed with the County Recorder
of San Diego County, California.
SECTION 5. The improvements which the Board of Directors
intends to order are the acquisition of certain property and
the construction of certain waterworks system improvements,
appurtenances, and all appurtenant work in connection there-
with in certain streets, alleys, and other public easements
as follows:
1. Connection to the San Diego County Water
Authority Aqueduct adjacent to Questhaven Road.
2. A chlorination facility adjacent to the
aqueduct connection.
3. Approximately 6070 linear feet of 30 inch
waterline westerly along Questhaven Road from the
«
aqueduct connection to a takeoff for the Olivenhain
Municipal Water District.
4. A flow control and metering station for the
Olivenhain takeoff.
5. Approximately 4300 linear feet of 27 inch
waterline westerly from the Olivenhain takeoff along
Questhaven Road and northerly along Rancho Santa Fe
Road to San Marcos Creek.
-3-
6. A pressure regulating structure in the
vicinity of San Marcos Creek.
7. Approximately 3300 linear feet of 20 inch
waterline northerly from the pressure regulator along
Rancho Santa Fe Road and the future right-of-way for
Melrose Road to a connection with an existing waterline
jointly owned by the San Marcos County Water District
and the Carlsbad Municipal Water District.
8. Metering and control devices in the existing
joint pipeline to record and regulate flows into the
Carlsbad system.
9. Approximately 3700 linear feet of 16 inch
waterline in a generally easterly direction from the
connection with the existing jointly owned pipeline
along the Alga Road right-of-way, Virco Street and
Redwing Street, to Rancho Santa Fe Road and easterly
to terminate at the site of the existing Meadowlark tank.
10. A 2.75 million gallon steel water storage tank
together with miscellaneous piping and controls adjacent
to the existing Meadowlark tanks.
11. Appurtenant items of work such as valves, air
'releases, blowoffs, telemetry, and corrosion control.
SECTION 6. This Board of Directors hereby expresses
its intention to'make a contribution, on behalf of the
District, toward the costs of the aforesaid improvements.
The precise amount of such contribution has not yet been
finally determined, but it is reasonably anticipated to be.
approximately /.dollars ($
In addition thereto, it is anticipated that the Carlsbad
-4-
Municipal Water District and the Olivenheim Municipal Water
District will make contributions toward the costs of the
aforesaid improvements in the approximate amounts of
dollars ($ ) and
dollars ($ ) respectively. An assessment
will be levied pursuant to the Act upon all property in the
said Assessment District No. 76-3 subject to the assessments
under said Act to pay the balance of the costs and expenses
of the improvements.
SECTION 7. Serial bonds, bearing interest at a rate
not to exceed eight percent (8%) per annum, shall be issued
to represent each assessment remaining unpaid after thirty
(30) days from the date of recording the assessment in the
office of the Superintendent of Streets. The last install-
ment of such bonds shall mature not later than twenty-four
(24) years from the second day of July next succeeding ten
(10) months from their date. Said bonds shall be issued
under and as provided in the Improvement Bond Act of, 1915,
Division 10 of the Streets and Highways Code of the State of
California.
SECTION 8. Any surplus remaining in the improvement
. fund after the completion of said improvements shall be used
as a credit upon the assessment and any supplemental assess-
ment in the manner provided in the Act.
-SECTION 9. The improvements hereby are referred to the
Engineer, who is requested and directed hereby to make and
file with the Secretary a report in writing with regard to
the improvements, which report shall meet the requirements
of Section 10204 of the Act, and shall contain the follow-
ing :
-5-
(a) Plans and specifications for the improve-
ments;
(b) A general description of works or appliances
already installed and any other property necessary or
convenient for the operation of the improvement, if the
works, appliances, or property are to be acquired as
part of the improvement;
(c) An estimate of the cost of the improvements,
and the cost of land, rights of way, easements, and
incidental expenses in connection with the improvements;
(d) A diagram showing the assessment district,
and the boundaries and dimensions of the subdivisions
of land within the assessment district as they existed
at the time of passage of this resolution (each sub-
division to be given a separate number on the diagram);
and
(e) A proposed assessment of the total amount of
the cost and expenses of the improvement upon the
several subdivisions of land in the assessment district
in direct proportion to the estimated benefits to be
received by such subdivisions, respectively, from the
improvements (the assessment shall refer to the .sub-
divisions by their respective numbers assigned as
provided in (d) above).
-SECTION 10. Pursuant to the provisions of the author-
ity granted by the Act, the Board of Directors does hereby
determine and declare that in its opinion the public interest
will not be served by allowing the property owners to take
-6-
any contract to be let under this proceeding and the property
owners will not be allowed or permitted to take such contract.
SECTION 11. The property owned by the District is
hereby declared to be in use in the performance of a public
function and further is hereby declared to be public property
within Assessment District No. 76-3 to be exempt from the
assessments hereafter to be made to cover the costs.
ADOPTED, SIGNED AND APPROVED this ' day of
, 1978.
President, Board of Directors
San Marcos County Water District
(SEAL)
ATTEST:
Secretary, Board of Directors
San Marcos County Water District
-7-
• RESOLUTION NO. 5313
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROV-
ING THE INITIATION OF PROCEEDINGS AND
THE ASSUMPTION OF JURISDICTION BY THE
SAN MARCOS COUNTY WATER DISTRICT FOR
THE CONSTRUCTION OF CERTAIN WORK PUR-
SUANT TO THE PROVISIONS OF THE MUNICI-
PAL IMPROVEMENT ACT OF 1913
Assessment District No. 76-3
WHEREAS, the Board of Directors of the San Marcos
County Water District is contemplating certain work in the
City of Carlsbad under the provisions of the Municipal
Improvement Act of 1913; and
WHEREAS, a portion of the project and of the .property
proposed to be assessed for said work are located in the
City of Carlsbad; and
WHEREAS, pursuant to the Municipal Improvement Act of
1913, the consent of the City Council of the City of
Carlsbad is required for the above proceedings; and
WHEREAS, the San Marcos County Water District, in
accordance with Section 10104 of the Streets and Highways
Code, has submitted to this City Council the proposed
Resolution of Intention and a map indicating the extent of
the territory included in the proposed assessment district;
NOW, THEREFORE, the City Council of the City of
Carlsbad DOES HEREBY RESOLVE as follows:
SECTION 1. The City Council hereby approves of and
consents to the initiation of proceedings and the performance
of work as described by said proposed Resolution of Inten-
tion, within the area shown on said- map.
SECTION 2 . Said proposed Resolution of Intention
hereby is approved, and the consent of tlirs City Council
hereby is given to the exercise by the Board of Directors of
- *
the San Marcos County Water District of exclusive jurisdic-
tion over all proceedings necessary thereto for the purpose
of consummating the same, all in accordance with the pro-
visions of the Municipal Improvement Act of '1913.
SECTION 3. The City Clerk hereby is authorized and
directed to certify to the adoption of this resolution and
to deliver two certified copies thereof to the San Marcos
County Water District.
ADOPTED, SIGNED AND APPROVED this ?8th day of
February , 1978.
Mayor, City of Carlsbad
ROBERT C. FRAZEE
(SEAL)
ATTEST :
.JUjJ; )f. ////-t
City, Clferk, City of/ Carlsbad
MARGARET E. ADAMS