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Home My WebLink About1984-03-06; City Council; 7667; Woolley AnnexationCIT'-- F CARLSBAD - AGENDI--;LL AB# 7467 MTG. 3/6/84 DEPT. CM TITLE: WOOLLEY ANNEXATION DEPT. HD. CITY ATTY RECOMMENDED ACTION: That Council adopt Resolution Nos. 73-3L/ and 7x33- approving agreements with Leucadia and Olivenhain Water Districts providing that the districts supply water and sewer to the Woolley property. ITEM EXPLANATION: The Woolley annexation is being held up by LAF'CO because of concern about which agency will serve water and sewer. Staff and the Mayor have been meeting with representatives of the Districts to work out an agreement which will resolve the issue. It is proposed that the City allow the two Districts to serve the Woolley annexation because each has facilities immediately available to the property. City water and sewer lines are located more than two miles to the north. FISCAL IMPACT: Allowing the districts to serve the land would have no fiscal impact on the city. The property owner would pay a higher fee for sewer connection: $1,000 per EDU for City; $1,500 per EDU for LCWD; and for monthly sewer use: $5.00 per EDU for Leucadia; $6.75 per EDU for Carlsbad. Water rates in Olivenhain are about 40% higher than in Carlsbad. The cost of processing a CUP would be less than $500. One unresolved issue is the zoning of the Olivenhain Water District Offices. The District has requested C-M (Commercial Manufacturing) zoning. City zoning code provides that a governmental or utility use can be allowed in any zone by CUP. By letter, I have offered to initiate a CUP hearing in the event the water district parcel is included in the annexation as suggested by LAFCO. EXHIBITS : 1. Resolution No. 7S3cf ; Leucadia agreement. 2. Resolution No. 7r3- ; Olivenhain agreement. I EXHIBIT A AGREEMENT BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING THE WOOLLEY ANNEXATION AGREEMENT This agreement is made by and between the CITY OF CARLSBAD ("City"), a California municipal corporation, and the LEUCADIA COUNTY WATER DISTRICT ("LCWD"). RECITALS 1 . WHEREAS, there is a proposed annexation ("The Annexation") to the City of Carlsbad, identified as the Woolley Annexation; and 2. WHEREAS, the major portion of the annexation is located within the sewer service area of LCWD and the remaining small portion is within LCWD's draft Sphere of Influence; and 3. WHEREAS, with some additions to be supplied by the developer of the annexation, LCWD has existing transmission facilities in the area of the annexation; and 4. WHEREAS, LCWD has existing facilities for the collection and treatment of sewage from the annexation area: and 5. WHEREAS, the parties to the annexation proceedings at LAFCO desire that the annexation be approved by the LAFCO commission as soon as possible; and 3 6. WHEREAS, the parties to this agreement desire to settle any possible conflicts on sewer service to the annexation. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. City agrees that sewer service to the annexation within the LCWD sewer service area as shown on the map attached hereto marked Exhibit "A" and incorporated herein by this reference, shall be supplied by LCWD. 2. LCWD agrees to provide such services on a nondiscriminatory basis according to LCWD policies, ordinances, rules and regulations adopted by LCWD from time to time. 3. City shall not levy any tax for sewer service or facilities or for general obligation bonds of the City relating to sewer service facilities on the property within the area served by LCWD as shown on Exhibit "A" and shall affirmatively exclude such area from all such taxation. 4. The commission be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexat ion. 5. Each party to this agreement agrees to take any and all other necessary action to carry out the intent of this agreement. 6. If LCWD, for any reason, fails to provide service or ceases to function as a district the City shall have the right to provide water service. -2- 7. The effective date of this agreement is 1984. IN WITNESS WHEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers theretofore duly authorized. CITY OF CARLSBAD MARY H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk AUTHORI ZED BY RESOLUTION NO . OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DULY ADOPTED ON 0 LEUCADIA COUNTY WATER DISTRICT LOIS HUMPHREYS, President JOAN GEISELHART, Secretary/Manager AUTHORI ZED BY RESOLUTION NO. OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY .ITS BOARD OF DIRECTORS ON 0 -3- SA 9 SA2 SA3 EXHIBIT A *. 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7535 THE CITY OF TO SUPPLY WATER CALIFORNIA, APPROVING AN AGREEMENT WITH e Olivenhain Municipal Water District h egarding sewer and water service to e City Council of the City of Carl ty of Carlsbad and e allocation of respon- sewer service marked approved. lsbad is hereby eement for and on behalf of the City of Carlsbad. ular meeting of the ornia, held on the day of llowing vote, to wit: AYES: NOES : \ ABSENT: ATTEST: ALETHA L. RAUTENKRANZ , City Clerk \ (SEAL) 7 '. . b EXHIBIT A AGREEMENT BETWEEN THE OLIVENHAIN MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING THE WOOLLEY ANNEXATION AGREEMENT This agreement is made by and between the CITY OF CARLSBAD ("City"), a California municipal corporation, and the OLIVENHAIN MUNICIPAL WATER DISTRICT ("District"). RECITALS 1. Mr. Woolley proposes the annexation of 475 acres of property generally located at the City's southerly boundary on the south side of Olivenhain Road East and West of Rancho Santa Fe Road and at the City's eastern boundary one mile east of the intersection of La Costa Avenue and Rancho Santa Fe Road (the "annexation"). The annexation is currently pending before the Local Agency Formation Commission of San Diego County ("Commission") and is identified as R.O. 83-15; and 2. The annexation is located within the distribution and retail water service area of District; and 3. District has existing water pipelines and a distribution system in the area of the annexation and is ready, willing and able to provide water service to the developments to be constructed within the annexation; and 4. City does not wish to exercise its rights to serve water to the annexation and has no objection to District providing such service. 5. Mr. Woolley and City, the parties to the annexation, desire that the annexation be approved by Commission to allow the property involved to be developed as planned and have assured District that District is to have the right to provide water service to the annexation; and 6. The parties to this agreement desire to settle any possible conflicts on water service to the annexation in relation to primary service areas of District; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. City agrees that water service to the Annexation shall be supplied by District from the water system facilities of District; 2. District agrees to provide services on a non- discriminatory basis according to District policy, rules and regulations adopted by District from time to time; 3. City shall not levy any tax for water service or facilities or for general obligation bonds of the City relating to water service facilities on the property within the area served by District and shall affirmatively exclude such area from all such taxation; 4. The Commission shall be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexation; 5. Each party to this agreement shall take, any other necessary action to carry out this agreement. 6. If the District, for any reason, fails to provide -2- -- I- service or ceases to function as a district the City shall have the right to provide water service. 7. The effective date of this agreement is March 30, 1984. IN WITNESS WHEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers theretofore duly authorized. CITY OF CARLSBAD OLIVENHAIN MUNICIPAL WATER DISTRICT Mary H. Casler, Mayor Harley L. Denk, President Board of Directors ATTEST : ATTEST: Aletha L. Rautenkranz, Thelma M. Miller, Secretary City Clerk Board of Directors Date: Date: -3- -. -4 P -- I. 4 WOOLLEY ANNEXATION SA SA SA EXHIBIT A