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HomeMy WebLinkAbout1979-11-06; City Council; 6027-1; La Costa sewer treatment plan reactivation-. c CITY .OF CARLSBAD AGENDA BILL NO. 6027 Supplement NO. 1 Initial: DATE : November 6, 1979 DEPARTMENT : City Manager I. Subject: REACTIVATION OF SAN MARCOS COUNTY WATER DISTRICT LA COSTA SEWER TREATMENT PLANT Statement of the Matter The San Marcos County Water District has previously filed application with the City of Carlsbad for necessary permits to expand their existing sewage treatment plant and add water reclamation facilities. Subsequently, the District advised the City, by letters dated September 17, 1'979 and September 26, 1979, of its intention to proceed with the expansion and addition program with only informal processing through the City revie? procedures. raised concerns on our behalf for the potential precedent setting nature of the District's intended action to avoid formal permit procedures, as well as differences of opinion, regarding the legal issues. These issues were presented for City Council review at the October 16, 1979 meeting. As a result of the concerns raised, discussions were held between the City Manager and the District General Manager, and between the City Attorney and District Counsel. Pursuant to these disehsions, the City Council agreed to continue the matter from the October-16, 1979 agenda to November 6, 1979. Now, as a result of the discussions, new administrative understandings have been reached regarding the District's application status. A letter dated October 25, 1979 from the District withdraws the previous letters of September 17 and 26, and confirms the District's intention to proceed with formal application review of permits necessary for expansion of capacity and addition of reclamation facilities. With these clarifications and understandings, there is no need for Council direction at this time as the City will continue to process the required permits in the normal manner. These communications Exhibit Letter dated October 25, 1979 from San Marcos County Water District Recommendation Accept and file exhibit Council Action: 11-6-79 Council accepted the information and directed it be filed. c .- PRESIDENT OBY BLANCHARD VICE PRESIDENT STANLEY A. MAHR DIRECTORS HARRY B. KEEBAUOH MARGARET E. FEROUSON LEO F. SMITH QENERAL MANAGER JAMES P. MCKAY ATTORNEY VERNON A. PELTZER san marcos county water district - PHONE (714) 744-0460 788 SAN MARCOS BOULEVARD SAN MARCOS, CALIFORNIA 92069 October 25, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92028 Attention: Mr. Wayne Dernetz Gentlemen : Subject: San Marcos County Water District Water Reclamation Project My letter of September 17, 1979, indicated that the City of Carlsbad does not have jurisdiction with re- spect to planning or building permits over the San Marcos County Water District Reclamation Project. This was supplemented by a letter from Vernon A. Peltzer to Vincent F. Biondo, Jr. on September 26, 1979. It is our understanding that these letters have generated a problem of concern for officials of the City of Carlsbad. Please consider those letters withdrawn and this letter substituted in lieu thereof. To effect mutual cooperation, the San Marcos County Water District agrees to submit Phase I1 and Phase I11 of the project to the City Planning process, with the understanding that the District reserves the right to contest the jurisdiction of City in the event reasonable conditions for approval by the City are not achieved. This procedure should preclude the need to resolve questions of jurisdiction if both parties cooperate in expediting the planning process. At the present time the District is engaged in Phase I of the project, which is limited to repairing the storm damage to our existing facilities, with Dis- trict and State Disaster funds. Since this activity pertains to the existing plant and is a repair and maintenance function, it is assumed that this is not a matter of concern to the City and does not require submission to the City's planning process. Sincerely, ager WATER - BASIC TO., . LIFE.. .HEALTH.. . AND PROGRESS. cc: V. A. Peltzer, Esq. V. F. Biondo, Esq.