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HomeMy WebLinkAbout1981-08-18; City Council; 3213-7; Wastewater Conveyance Agreement-Carrillo Estates. LE:mmt/cl e lni t ial : @ CITY OF CARLSBAU q ~ =---__I YV Dept. Ilead - City Att\tJ Ci ty tkjr. /- b i*\ AGENDA B[hL. NO. 3.13- M sf 7 ----__- PC- --_- _- - -- DATE: August 18, - 1981 DEPARTMENT: ENGINEERING S LI 6 J E C T : ---- ---II - --I----.-----I__^ -_.-- WASTEWATER CONVEYANCE AGREEMENT, CARRILLO ESTATES UNIT NO. 2 (CT73-29) ___^-.--rI--I__I__L ~ - ___lll STATEMENT OF THE MATTER - In November 1974, the City Council approved a tentative tract map for Carrillo Es lots and lies at the southernmost point of the City's sewer service area. are no City-owned sewer facilities to serve this area of the City, development of Tract has been stymied. With the expectation that the City Council will initiate process of lifting the building moratorium in the Palomar Sewer Service Area, Pon Homes has made arrangements with the Leucadia County Water District to provide se conveyance facilities until City facilities are available. The agreement (Exhibit 4) provides for the Leucadia County Water District to prov transmission of sanitary sewage from their district boundary to Encina, any addit line maintenance that may be required and, the treatment and disposal at Encina. City would provide any line maintenance required for the new lines within Pondero! Unit 2. The Encina General Manager and the Utilities Director have indicated concurrence \ the proposal. No additional agreements are required. FISCAL IVPACT The Leucadia County Water District would provide for conveyance and treatment of sewage Trom the 111 dwelling units in Carrillo Estates Unit No. 2 for 75 percent ( sewer user charges collected by the City from this subdivision. Presently, the C charges $3.25 for each dwelling unit and minor routine line maintenance. Therefot City would retain 81$$ a month from the user fee for billing and overhead, and thc maining $2.4375 would be turned over to the Leucadia County Water District. ENVIRONMENTAL IMPACT Environmental review was accomplished prior to the approval of the tentative map. RECOIWENDAT ION The City Council approve the Reimbursement Agreement and adopt Resolution No. & authorizing the Mayor to sign the agreement on behalf of the City. EXHIBITS 1. Vicinity Map - Carrillo Estates Unit No. 2 (CT73-29). 2. Letter from Ponderosa Homes. 3. Resolution No. &4\6/ approving reimbursement agreement with LCWD. 4. Reimbursement Agreement. Unit Nov 2 located in the La Costa area north of Alga Road. The subdivision has Since / APPROVED 0 q NUT 7Q ZALE Exhibit 0- E.%?J3 DZLIVERED 0 July 31, 1981 Mr. Les Evans, City Ezginee-r City of Carlsbad 1200 Elm Avenue Carlsbad, California 92308 Re: Dear Les: Enclosed are two copies of a new draft agreement. the word "total" in Section 4 and ad2ed a new Section 5 dealing with allocation of capacity. I agoreciate your eYorts TU= place this agreement oi? the agenda for the City Council mee$iLqg 3: kcgust 18, 1981. any 2ro'sieris with the agreeren5, please let me know. Thank yo* f?r ysur kelp. Very truly yours ~ Wastewater Conveyance Agreement, Carri.110 Estates Unit No. 2 I have delete? If there are - Dennis K1 imxk Division Counsel DK/j s Enclosure EXHIBIT 2 a 2 3 4 5 6 7 8 9 10 11 12 13 'a4 15 '3-6 3-7 la 19 2o 21 22 23 0 0 PIESClLUTB OH NO.-C;J-5_3__ A RESOkUTLOW OF THE ClTY COUNCII, OF THE CITY OF CARESBAD, CALI FORNIA, APPRBVIMG /;El' AGREEMENT BETWEEN THE 61TY OF CARSBAD ARD Tt:E 1EtlCABlk COUNTY WATER D I STRI CT FOR RED HBURSEKEMT FOR WASTEWATER TREATMENT AND B I SPBSM FOR CARLSGW TRACT NO. 73-29 - .----_ .~ --___^u THE CITY COUNCIL of the City sf Cariskid, talifornia,, does IIc:reby i' resolve as %o% Bows : 1 o %brae: an agreemen$ between fhe City nf Carlibad a~l the 1 eucac ~ousrty &Eater District for re%m~ursement for- tp:aste.wzter trcztment and disposal for ~as~s~ad Tract 140. 73-29, a copy of wllictl is attactled tie and inade a part i!erc~f, ss i-ie~e~y apprcved. 2, That the Mayor sf the City of Carlstd is hereby auttioi-ized i directed to execute said agreement for and on behalf of ae city (ZT (it PASSED, APPROVED PINE ADOPTER at a regular meting of the Cat-lsba I , 198r ~ 11)1 I tIC? fo ~oiunci T! ~ie~ci on the ---I___ j.8t-h day cf _____.-.____ AWL~~ - .- -~ - _. vote, to wit: AYES : c~mciI Wers Packard, Wkr, hear, 1,ew-i-i~. NOES: %ne ABSENT: co1.md. Nder KdcMn i i 1 j I /</EflL< -- ~--.-^--- ---e --- -I- RBKALD C. F'ACK4RD, Mayo I- I I 1 ATTEST: 1 I i e e P 12 c RE y MBURS EM EN T AG PXEKE NT F 3 F, KG TE WATE R TR LP,T~."IENT AND DKSPOSPJ; FOR CARLSBAD TPJ,C'I' NO, 73-29 CARKILLC: ESTATES xu%. NO, 2 This Agreement is made and entered into in the county of San Diego, State of California, by and between the LEUCADIA COUNTY WATER DISTRICT (hereinafter "DISTRICX'a 1 and the CITY OF CARLSBAD (hereimfter "CITY") with refer- ence to the following facts; P8CITUS 0 -- A, pcxxEmSh HOE.~ (hereinafter "EBNDER0SA"F is -2he owner of that certain rea% property located S-B the City of CarPsbad, County of San Dieyo, State of CsTi?ornia7 known as Tract No. 73-29, CarriPl.0 Estates rkit NO, 2 (hereinafter the "Subject Tract"] r said tract *Lo consist . sf 11.3- dwelling units, Bo DISTRICT is a public: entity organized and func- tisming pursuant to the County Wcter District Law 7 Cali- fornia Water Code seetign 30000, c:, citn_lp iS a Cje?l€rZ-l Lab; CT'LY (GOV. CO<er S2Sk.ic:? 34102), organized and functioning pursuant to the pro- visions of +be Ca1ifcirni.a Constitution, iwi:. Y:I - sectisat %[a) and Government CoJe sectia~ 36503. et r,cr5=, D. PONDEROSA has received tenta"ciVe map approval from CITY and filed improvement plans, tract nap and grading plans with CITY for the development a€ the Subject Tract, E, 3ONDEROSA desires to develop Suhjeci: Tract. and contained therein, hut. has been unahie tu ccntinue ~ith development and construction due to the present lack sf wastewater conveyance and treatment facilities in the area o proceed with the construction of the %%% dwd :h_i~lg units F. DISTRICT has wastewater conveyance facilities from Subject Tract to the Encina Wzter Po13.rjtion Control Facility (hereinafter the "'Encina WPCF") and is willing to provide PONDEROSA b7ith interim transportation of wastewater to the Encina WPCF through jts conveyance facilities until such time that Subject Tract is served by other facilities, , 6, d 0 0 Go CITY contemplates that other wastewater t-r-alis- mission or treatment facilities wj 11 l~e constr-uctc~d t-o serve the area in, which the Subject 'J~act. is located. Uni i 5 such the r CITY desires to COI~I~PI-IS~~C? DISTRJCT for the costs of conveyance and i-~ei;t~me.nt: of \pJaS;ise\j~i ter generated from the Subject Tract, NOW THEREFOREp it is agreed by and hetwec3i the parties as fablows: AGXEMENT section 1 o DISTRICT agree~ that- 503- the tel~fi OF wastewater from all 1x1 units @f ~Uh~C?Ct. 'i'3-aC:t- to r-he this Agreement, as defined in ~ectS 01-I 2, 'it. wi 1 1. convey Eneina WPCF o ~ecti on 2 r This AgreerncEt :,ha 3 5 expi 3-e \t~h<:ii I-lC>i-fi of ~he. following have occurred: (5 ) wast-ewat-er t33-7;li~- mj.ssion or treatment facilities servj 11s the Subject ~ract have been constructed and ac-.c:c?pted hy Cj ty and (2) the sewage collection system serviiiy the Sub-jcxt Tract has been connecked to said fac:jJjt.jes, -- Section 3s CITY shall have the right and duty to @hax-g& the owners of call or any par< Tract its usual and customary charges for sewer services - Sect-jsfa 4 D TO ~.ompcz,rate ;II.:>~~*T<TCT for C:CI:,~S cjf of the .C:uhjec:t opera tion and iiaintenance of the w2 stewatel- c:onveyaince faciPiti.es servicing the Subject Tract aiid c:OSI:S of e treatment sf sewage from the Subject 'I'l-ac:t- at the Eiicjiia WCPF, CITY shall pay DISTRICT quzrterly, for the term of #-his Agreement, a sum equal to '15 percent. of the CITY'S charges to owners sf the Subject Tract far sewer service. The remaining percentace sf said charges yenelrally repre- sent the C7TYss cxst-5 of billir,g arid c:olIec:t-ion. "E,D,U. "1 of capacity, per dwelling unjt, to a maxjmum of 111 E.D.U.s, shall be transferred from DISTRICT TO CJTS' 01-1 the monthly flow and E.D,U. reporll for 53ncina lDCF until such time as wastewater transmission through D%.C;TRIC:T 1 s Sanitary Sewer f acilities is discor~tj nued. Said t:rallsfe~- shall be made six nanths after the 2ssuance of a buiIdi11cf permit on any dwslling unit on ths Subject Y'ract. The aforementioned transfer shall be far purposes of a] 1 ocati11g capacity between DISTRICT and CITY only arid shafl not affec billing for sewage treatment, For purposes of this Zigreeme ne E,D.U. shall equal1 238 gallcns per day. Section 6. No party to this jigreemcnt shall be entitied to assign all or any portjon of its rights DL- obligations contained herein without obtainj ng the prjox- written consent of the other parties; such consent shall not be unreasonably withheld. Section 5 D One Equivalent nwei 1 j 1-19 ~ni t (11erei iiaf t.er m