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Home My WebLink About1984-07-24; City Council; 7667-2; Woolley annexationI.!" 0 4. .-c i c CITI- JF CARLSBAD - AGENDA-,ILL 4B# 76 67-412 IIITG. 7/24/84 )EPT. CM TITLE: CITY MGR. WOOLLEY ANNEXATION RECOMMENDED ACTION: Adopt Resolution No. 7.JSapproving agreement designating Olivenhain Water District as sole supplier of water service to the Woolley Annexation area. BACKGROUND LAFCO denied annexation of 475 acres to Carlsbad because of opposition from Leucadia and Olivenhain Water Districts and Rancho Santa Fe Fire District. Council has since approved an agreement with Leucadia whereby the District will provide sewer service to the area. Olivenhain Board has now approved wording on an agreement which designates the District as water supplier. It is recommended that Council approve the agreement. The Rancho Santa Fe Fire District still opposes the annexation unless payments are made to the District. I would recommend that LAFCO be asked to resolve that issue. FISCAL IMPACT None to the City. EXH IB ITS Letter from D. C. McCollom Agreement Resolution I Olivenhain Municipal Water District BOARD OF DIRECTORS Harley L Denk. Pre5 Howard G Golem, V Pres Ann L Peay. Treasurer Thelma M Miller. Secretary Harold L Gano Director 1966 OLIVENHAIN ROAD ENCINITAS. CALIFORNIA 92024 PHONE (619) 753-6466 June 27, 1984 GENERAL COUNSEL Vernon A. Peltzer ENGINEER Boyle Engineering Corp. MANAGER William H. Hollingsworth Mr. Frank Manning Assistant City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Frank: As discussed during our Meeting at Olivenhain Municipal Water District on June 19, enclosed is a new draft of the proposed agreement between Olivenhain and the City of Carlsbad regarding the Woolley Annexation. Covenant 3. has been rewritten to delete all reference to Water Code Sections 71699 and 71700, as well as Public Utilities Code Section 1501 et seq. and Glenbrook vs. Brea, the case law previously referenced. Covenant 8., Equitable Estoppel, has been deleted and the wording in Covenant 5. has been modified. Attorney's Fees Covenant is a part of Olivenhain's "boiler plate" and protects both parties. The Olivenhain Board of Directors prefers to leave that in at this time and, it was my understanding, that this would not constitute a "deal point" with the City. After you have had an opportunity to review this draft, please contact me and I will initiate proceedings for a Conditional Use Permit through Mike Holzmiller in order to settle the land use issue. Assistant Manager DCM:db cc: Roger Woolley Woolley, Day & White A Public Agency incorporated on March 24, 1959, formed under the Muncipal Water District Law of 1911 Section 71000 et seq of the State of California Water Code RESOLUTION NO. 7535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OLIVEN- HAIN WATER DISTRICT FOR THE PROVISION OF WATER SERVICE TO THE WOOLLEY ANNEXATION AREA. WHEREAS, the City of Carlsbad and Olivenhain Water District have reached an agreement regarding the provision of water service to the Woolley Annexation area NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad and Olivenhain Water District for the provision of water service marked Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad,California, held on the - 24th day Of July , 1984 by the following vote, to wit: AYES : Council Pkmbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ATTEST: U .- AGREEMENT BETWEEN THE OLIVENHAIN MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING THE WOOLLEY ANNEXATION THIS AGREEMENT is entered into by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT (hereinafter "THE DISTRICT"), a municipal water district created and operating pursuant to P71000 et seq. of the State of California Water Code, and the CITY OF CARLSBAD, a general law City (hereinafter "THE CITY"). R-E-C-I-T-A-L-S 1. THE DISTRICT is a municipal water district which provides potable water to a portion of Northern San Diego County. water service jurisdiction overlaps territory of THE CITY. A portion of THE DISTRICT'S 2. There is a proposed annexation to THE CITY identified as R.O. 83-15 (hereinafter "THE WOOLLEY ANNEXATION") pending before the Local Agency Formation Commission of San Diego County ("L.A.F.C.O.") as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference. 3. THE WOOLLEY ANNEXATION proposes the annexation of 475 acres of property presently in the County of San Diego to THE CITY. The annexation area is 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. -. 4. THE DISTRICT has gone on record as opposing THE WOOLLEY ANNEXATION. 5. In consideration for THE DISTRICT'S agreement to support THE WOOLLEY ANNEXATION, THE CITY has agreed to enter into this Water Service Agreement. -1- ,- C. 6. By executing this Agreement, it is the express intention of the parties that THE DISTRICT shall be the sole supplier of all water service to THE WOOLLEY ANNEXATION area so long as THE WOOLLEY ANNEXATION area remains part of the water service jurisdiction of THE DISTRICT or any successor entity. 7. It is the further intention of the parties by executing this Agreement, to confirm the terms of a March 30, 1972 agreement between THE DISTRICT and THE CITY which assures THE DISTRICT that water service within THE DISTRICT'S water service area shall be supplied solely by THE DISTRICT. C-0-V-E-N-A-N-T-S 1. THE DISTRICT to Supply all Water to THE WOOLLEY ANNEXATION Area. The parties agree that all water service for THE WOOLLEY ANNEXATION area shall be supplied exclusively by THE DISTRICT so long as THE WOOLLEY ANNEXATION area remains part of the water service jurisdiction of THE DISTRICT or any successor entity . 2. THE DISTRICT to Supply Water Subject to its Rules and Regulations. THE DISTRICT agrees to provide water service to THE WOOLLEY ANNEXATION area on a non-discriminatory basis according to policies, rules, and regulations adopted by THE DISTRICT from time to time. It is understood that improvements required to supply water service to THE WOOLLEY ANNEXATION area, the manner in which this water service will be provided, and the rates for such water service, shall be left to the sole discretion of THE DISTRICT. 3. Acknowledgement of Exclusive Water Service by THE DISTRICT. THE CITY acknowledges that THE DISTRICT has bonded indebtedness in THE WOOLLEY ANNEXATION area. THE CITY further acknowledges that it has no desire or intention to provide water service to THE WOOLLEY ANNEXATION area. 4. Consideration of Agreement by L.A.F.C.O. L.A.F.C.O. shall be requested to consider this Agreement as one of the salient facts bearing on their consideration of THE WOOLLEY ANNEXATION. -2- = *. I. 5. Mutual Cooperation and Reliance. Each of the parties to this Agreement expressly agrees to cooperate in executing all documents and taking all steps, at the earliest possible time, which are necessary to consummate and continue the terms of this Agreement. Each party understands and acknowledges, that the other party to this Agreement is specifically relying upon the enforceability of this Agreement and the willing3ess of the other party to honor this Agreement in carrying out their respective responsibilities as defined in this Agreement. 6. Attorney's Fees. In the event of a dfspute relating in any way to this Agreement, the prevailing party shall be entitled to reasonable costs and attorney's fees in addition to such other relief afforded by law. 7. Unenforceable Provisions.. This Agreement shall be interpreted, wherever possible, consistent with all applicable laws and regulations. To the extent that any term, covenant or condition of this Agreement, as so interpreted, is rendered unenforceable, the remaining provisions shall be carried into full force and effect. 8. Effective Date of Agreement. This Agreement is executed and to be performed in the North County Judicial District, County of San Diego, State of California, and may be executed in counterparts and is effective on March 30, 1984. CITY OF CARLSBAD Mary V. Casler, Mayor ATTEST : City Clerk Date: OLIVENHAIN MUNICIPAL WATER DISTRICT Harley L. Denk, President Board of Directors ATTEST : Thelma M. Miller, Secretary Board of Directors Date: -3-