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HomeMy WebLinkAbout1979-10-16; City Council; 6027; La Costa Land Co sewer treatment plant---- CITY OF CARISBAD AGENDA BILL NO. DATE: OctQbPr 16; 1979 DEPARTMENT : Citv WqPr k 0 3 7 Initial: Dept . Hd. C. At C. Mg J Subject: REACTIVATION OF SAN mRCOS COUNTY L-ATER DISTRICF-LA' COSTA LAND COMPANY SEVvTR TREATMENT PLANT Statement of the Matter As the City Council is aware the San Marcos County Water District has contracted with the La Costa Land Company for the reactivation and expansion of the District's facilities at the head of San Marcos Canyon. has considered whether or not to lift the Planning Moratorium in the area due to the sewage capacity to result from this project. On August 21, 1979 the La Costa Land Company and Rick Engineering, pursuant to written authorization from the District, applied for a series of land use approvals necessary for the project, including a rezone from L-C (Limited Control) to P-U (Public Utility), a Precise Development Plan for two resevoirs and related facilities, and a permit for work in the flood plain overlay zone for certain walls and access roads. The Planning Department has been processing those applications. On September 17, 1979 we received a letter from the General Manager of the District, indicating that while in their view City approvals were not required, they were willing to solicit informal input from City Staff on any concerns we might have with the project. A copy of that letter is attached. On September 26, 1979 the City Attorney received a letter from the District's Counsel, spelling out in more detail the District's position that the construction of the satellite sewage treatment plant was not subject to the City's zoning and building requirements. A copy of that letter is also attached. The City Council The City Attorney has not looked into the matter in any detail. However, he has advised that the zoning ordinances of a City do not apply to the construction by the District of facilities for the production, generation, storage or transmission of water. If the City Council is satisfied that the project in question falls within that exception, you should so indicate and I will instruct the Planning Department to close their files on the matter. Council views the project as more in the nature of a sewer plant, and wishes to investigate further the extent to which it may be regulated by the City, you should so indicate and we will return with a more detailed report on the nature of the project and the applicable law. If the City I AGENDA BILL NO. 6027 Page 2 of 2 Exhibits Letter from James F. McKay, dated September 17, 1979, to Paul D. Bussey. Letter from Vernon A. Peltzer, dated September 26, 1979, to Vincent F. Biondo, Jr. Recommendation That the City Council take action in regards to the project as they consider appropriate. Council Action: 10-16-79 Council approved staff request to continue thgs matter to the next regular meeting. - - . scm marcos county water district PRESIDENT OBY BLANCHARD VICE PRESIDENT STANLEY A. MAHR DIRECTORS HARRY D. KEEBAIJGH MARCihRET E. FERGUSON LEO F. SMITH GENERAL MANAGER JAMES F. MCKAY ATTORNEY VERNON A. PELTZER . PHONE (714) 744-0460 788 SAN MARCOS BOULEVARD ,* SAN MARCOS, CALIFORNIA 92069 September 17, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, California . Attention: Paul D. Bu Re: San Marcos County 92008 SseY r P7a t e City Nr Dis Man tric ager t Wa Reclamation Project This letter i? designed to advise you of the current status and contemplated scheduling for the San Marcos County Water District water reclamation project which is being conducted with the La Costa Land Company. As you are aware from our past discussions, an agreement has been entered into between the San Flarcos County Water District and the La Costa Land Company for the reactivation of the District treatment plant for the purpose of water reclamation. This project includes not only reactivation of the treatment plant but also the construction of a reservoir and use of the reclaimed water for irrigation. The environmental process has been completed and the City of Carlsbad participated in that process. The project conforms to the Carlsbad General Plan. At present, plans and specifications are being developed for the work to reactivate the treatment plant. While this project is being undertaken pursuant to the provisions of Section 53091 of the Government' Code of the State of California exempting the project from building and zoning ordinances of the City (and the related opinion of Legislative Counsel of the State of California dated May 21, 1979 confirming the effect that zoning ordinances of a city or county do not apply to water reclamation projects), the District has requested Rick Engineering to submit technical documents on the project to the Director of Planning of the City of Carlsbad for your information. Even though formal ?Dproval by the City of Carlsbad is not zequired and the' City will not be involved in operatic3 the system, it is oui C2qire to insure cooperatissi and coordination with the City of Carlsbad an6 to obtain input from your staff on an informal basi:, 50 that the concerns of the City can be taken in+tr; ransideration as the project progresses. .. I WATER -BASIC TO.. . LIFE.. .HEALTH.. .AND PROGRESS. c <- ~an Inarms county wale:i district -- City of Carlsbad Paul D. Bussey, City Manager September 17, 1979 Page Two Re: San Marcos County Water District Water Reclamation Project The current schedule for processing phases of this project is attached. As you can see time is of the essence, the City is not required, it is hoped that you will encourage members of the City Staff to provide their informal comments as expeditiously as possible. All comments should be submitted to me in my capacity as General Manager of the District, It is hoped this procedure will facilitate cooperation and coordination between the District and the City in a manner which will minimize cost and administrative time and be beneficial to the numerous citizens who will ultimately be served by the reclamation project. Please be assured of the availability of myself and members of the mahagement or consultants to the District to discuss any matters of concern The past and the future cooperation between the District and the City is appreciated. SAN MARCOS COUNTY WATER DISTRICT Since formal action by to the City with respect to this project. .. neral Manager/Secretary VAP/JFM/gat cc: Ronald Packard, Mayor . .. . Anthony J. Skotnicki, Vice Mayor Mary Casler, Councilperson Girard Anear, Councilperson Claude Lewis, Councilperson Vincent F. Biondo, Jr., Esq., City Attorney / James Hagaman, Director of Planning Rick Engineering, William Rick Rick Engineering, Robert Ladwig La Costa Land Co., Fred Morey John Engel, Esq. Rick Engineering, Sharon Blanding WATER - DASIC TO.. . LIFE.. .HEALTH.. .AND PROORESS. .- A .... . . san ~TKWCOS county W~M district 1979 Se.ptember 17 September 19 October 1 October 17 October 20 November 1 .November 7 November 15 December 1 December 15 S.M.C.W.D./La Costa N.E. Area Rec 1 ama t i on P r oj ec t SCHEDULE September 18, 1979 S.M.C.W.D. approval of plans for the reactivation of .exis_t_i_n.g faciljLies, (Phase I - Step 1) Plans out to bid Division of Dam Safety Permit issuance and plans out to bid S.M.C.W.D. (270,000 gpd) and bids out Approval of Phase I - Step 2 reactivation Bids open on Phase I - Step 1 plant reactivation Fish and Game permit issuance for work t:, be done in San Marcos Creek Phase I - Step 1 contract awarded and begin construction -_ . Bids open on Reservoirs Bids open on Phase I - Step 2 plant construction Completion of design of Flood wall (Flood protection for treatment plant) Phase I - Step 2 contract awarded and begin construction Contract awarded for reservoirs and begin construction District approval of 12" force main plans and specs and plans out to bid Flood wall design approved by District and plans out to bid . R.W.Q.C.B. approval. of landscaping plans District approval of landscaping plans Bids out (.for landscaping and irrigation reuse and monitoring) WATER -BASIC TO.. . LIFE.. . HEALTH , , . AN0 PROGRESS. sari marcos county water district S.M.C.W.D./La Costa N.E. Area Rec 1 arna t i on Project - 2- September 18, 1979 1980 January 2 Bids open on 12" Force Main -. Bids open on Flood Wall Contract awarded on 12" Force Main and begin construction January 10 Contract awarded on Flood Wall and begin construction .January 15 Bids open on i rri gation and 1 andscape faci 1 i ti es . Phase 2 of plant addition approved by District, plans out to bid. February 1' February 15 Contract awarded on Landscape and Irrigation facilities and begin construction Bids open on Phase 2 March 1 April 15 .May 1 ,Tune 1 August 15 Contract awarded on Phase 2 and begin construction Completion of Irrigation and Landscape facilities for 270,000 gpd Completion of 12" force main Completion of Flood Wall Lowrys' letter to R.W.Q.C.B. Reservoi rs complete Plant on-line for 225,000 gpd (Phase I - Step 1) Plant capacity increase to 270,000 gpd (Phase 1 - Step 2) Plant capacity 600,000 gpd (Phase 2) WATER -BASIC TO.. . LIFE.. . HEALTH.. . AND PROGRESS. VERNON A. PELTZER THOMAS W. SMITH III WESLEY W. PELTZER September 26, 1979 SmiTH & PfLTZfR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 365 E. BROADWAY VISTQ, CRLlfORnlR 92083 TELEPHONE 726-2260 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Vincent F. Biondo, Jr., Esq. Re: San Marcos County Water District Water Reclamation Project Mr. McKay's letter of September 17, 1979, to the City Manager noted that the District was proceeding with a reclamation proj- ect in conjunction with La Costa Land Co. In that letter, Mr, McKay referred to the provisions of Government Code S53091 and to an Opinion of Legislative Counsel, Subsequently, Mr. Daniel S. IIentschke, the Assistant City Attorney, telephoned and requested a copy of the Legislative Counsel Opinion. This was forwarded on September 21, 1979. After reflecting on Mr. Hentschke's request, it seems appropriate to explain the background for the project. Mr. McKay's reference to the Government Code and to the Opinion of Legislative Counsel was premised upon my explanation to him that the reclamation project was not subject to the zoning or building permit powers of the City of Carlsbad, My advise to Mr. McKay was premised not only on the provisions of the Government Code and the Legislative Counsel Opinion to which he referred, but also on other legal authorities which I did not discuss with him, such as, illustratively, Baldwin Park County Water District v. County of Los Angeles (1962) 208 CA 2d 87; California Water and Telephone Co. et al. v. The County of Los Angeles (1967) 253 CA 2d 16; California Constitution, Article 11, Section 6 [City may enforce ordinances and regula- tions not in conflict with general laws -- Government Code si53091 being such a general law]; Longtin, California Land Use Regulations (1978/1979 Supplement) Section 2,106, at pages 23-24. As you may recall in connection with the Phase 11-A expansion of the Encina facility, the San Marcos County Water District undertook to administer that contract because of the broad contracting powers of a County Water District, not shared by some of the other nember agencies. In the present case, the District is undertaking to provide a reclamation facility through a contract with La Costa. The completed facility will be owned and operated by the District, not La Costa. .- City of Carlsbad, Attention:-Vincent F. Biondo, Esq. Re: September 26, 1979 Page 2 San Marcos County Water District Water Reclamation Project It is the desire of the Board of Directors of the District to proceed with the reclamation project as expeditiously as practicable. It is also the desire of the Board to take into consideration the concerns of the City of Carlsbad. For that reason, Rick Engineering was requested to submit information the comments and suggestions of the City Staff, informally, for evaluation throughout the course of the project in order to promote coordination and cooperation between the District and the City. outlined above, the District did not contemplate that the City would subject the project to formal planning procedures. If you or the City Manager or other City officials believe that a meeting between District and City representatives is appropriate to define and clarify the relative roles and func- tions of the District and the City with respect to this project, please be assured that such a meeting can be arranged at a mutually convenient time. . to the Planning Department of the City aS a means of eliciting However, because of the provisions of law briefly Please adviseTe as soon as possible whether or not you consider a meeting tp-be necessary and accept my appreciation for your i past an4 ,future of mutual concern. VERNON A. PELTZER, Geiieral Counsel SAN MARCOS COUNTY 6JWER DISTRICT VAP/mcc cc: San Marcos County Water District, Attention: James F. McKay, General Manager