Loading...
HomeMy WebLinkAbout2006-11-14; City Council; 18793; Interagency Sewer Agreement - Fire Station No. 6CITY OF CARLSBAD - AGENDA BILL AB# 18i793 MTG. 11/14/06 DEPT. ENG APPROVING AND AU mOKIZINo tXtOU 1 IUN Or AN INTERAGENCY SEWER TRANSFER AGREEMENT FOR FIRE STATION NO. 6 DEPT. HEAD /%? CITYATTY. <^3§ CITYMGR. ^V^> RECOMMENDED ACTION: Adopt Resolution No. 2006-326 approving and authorizing execution of an interagency agreement between Leucadia Wastewater District, Vallecitos Water District, and the City of Carlsbad to provide wastewater collection, treatment, and disposal service for Fire Station No. 6. ITEM EXPLANATION: The site for proposed Fire Station No. 6 is located within the Leucadia Wastewater District (LWD) sewer service area. As a result, sewer service from LWD requires installation of a sewer pump station at Fire Station No. 6, whereas, service can be provided by the Vallecitos Water District (VWD) with gravity flow sewer pipelines, a less expensive and more reliable approach. To address this issue, LWD, VWD, and the City of Carlsbad wish to enter into an agreement that provides for the following: First, it requires initiation of LAFCO proceedings to transfer sewer service jurisdiction from LWD to VWD. Second, because the fire station may be built before the completion of the LAFCO process, the agreement allows VWD to provide sewer service to the fire station while the property remains in LWD jurisdiction. Generally, Government Code section 56133(a) requires LAFCO approval of agreements that extend service outside of an agency's jurisdiction. However, the attached agreement falls under the exception to LAFCO review provided by Subdivision (e) which states: "This section does not apply to contracts or agreements solely involving two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing provider." ENVIRONMENTAL IMPACT: The activity is exempt per CEQA Section 15319. FISCAL IMPACT: Approval and execution of the agreement will result in a significant savings due to the elimination of capital costs and long-term operation and maintenance costs of the sewer pump station. Processing the application through LAFCO will result in fees of approximately $7,500, which will be paid from the current CIP budget for the Fire Station No. 6 Project, CIP No. 3901. EXHIBITS: 1. Location Map. . . -. 2. Resolution No. 2006-326 approving and authorizing execution of an interagency agreement between Leucadia Wastewater District, Vallecitos Water District, and the City of Carlsbad to provide wastewater collection, treatment, and disposal service for Fire Station No. 6. 3. Interagency Agreement to Provide Wastewater Collection Treatment and Disposal Service. DEPARTMENT CONTACT: Terry Smith, (760) 602-2765, tsmit@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP WOT" TO SCALE SITE VICINITY MAP NOT TO SCALE PROJECT NAME FIRE STATION N0.6 PROJECT NUMBER 39011 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/08/06 C:\CAPITAL\SMITH\39011.DWG 2 1 RESOLUTION NO. 2006-326 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT BETWEEN 4 LEUCADIA WASTEWATER DISTRICT, VALLECITOS WATER DISTRICT, AND THE CITY OF CARLSBAD TO PROVIDE 5 WASTEWATER COLLECTION, TREATMENT, AND DISPOSAL SERVICE FOR FIRE STATION NO. 6. 6 WHEREAS, the City of Carlsbad is planning to construct new Fire Station No. 6 on a 7 0.5 acre city-owned parcel identified as Assessor Parcel Number 223-617-24; and 8 WHEREAS, the parcel is located within the sewer service area of the Leucadia 9 Wastewater District; and 10 WHEREAS, the City Council of the City of Carlsbad has determined it necessary and 11 in the public interest to obtain sewer service for Fire Station No. 6 from the Vallecitos 12 Water District; and 13 WHEREAS, the Leucadia Wastewater District, the Vallecitos Water District, and the 14 City of Carlsbad will initiate LAFCO proceedings for de-annexation of the Fire Station No. 6 15 property from the Leucadia Wastewater District and annexation of the property to the Vallecitos 16 Water District; and 17 WHEREAS, the Leucadia Wastewater District, the Vallecitos Water District, and the 18 City of Carlsbad have reached an agreement regarding sewer service for Carlsbad's Fire 19 Station No. 6. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the "Interagency Agreement to Provide Wastewater Collection, Treatment 24 and Disposal Service" is hereby approved, and the Mayor is hereby authorized and directed to 25 execute said agreement with the Leucadia Wastewater District and the Vallecitos Water District. 26 3. That the City Manager is hereby authorized and directed to execute the boundary change application with LAFCO as described in the aforementioned Agreement. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CIAOTJE A ITEWS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) INTERAGENCY AGREEMENT TO PROVIDE WASTEWATER COLLECTION, TREATMENT, AND DISPOSAL SERVICE This Agreement is entered into between LEUCADIA WASTEWATER DISTRICT, VALLECITOS WATER DISTRICT and CITY OF CARLSBAD. RECITALS This Agreement is made with respect to the following: A. LEUCADIA WASTEWATER DISTRICT (LWD) is a county water district established and existing under Water Code § 30000 et seq. VALLECITOS WATER DISTRICT (VWD) is a county water district established and existing under Water Code § 30000 et seq. B. The CITY OF CARLSBAD is a municipal corporation (Carlsbad) that plans to construct a new Fire Station - No. 6 (FS6) to be located on a 0.50 acre City owned parcel, Assessor Parcel Number 223-617-24, approximately one-mile to the north of La Costa Avenue just west of, and with access from, Rancho Santa Fe Road (Property), as described in the attached Exhibit A and as shown in the attached Exhibit B. FS6 will be approximately 6,200 square feet in size and will house up to four personnel and two fire trucks. C. FS6 will be located within the LWD sewer service area, although the nearest LWD collector sewer is approximately 2,000 feet to the south of the FS6 site and requires a wastewater pump to serve the Property. D. FS6 can avoid the need for a wastewater pump by connecting to a collector sewer proposed as part of the La Costa Oaks North residential development. E. The La Costa Oaks North residential development is north of the proposed FS6 site, and currently, within LWD jurisdiction. To avoid the need for a wastewater pump station, and with the encouragement and concurrence of LWD and VWD, the developer of La Costa Oaks North intends to de-annex from LWD and construct sewer facilities that connect to the VWD system. It is anticipated that this change of sewer district boundary will be approved without opposition. F. The parties agree that connection of FS6 to the system constructed for the La Costa Oaks North development and de-annexation of the Property from LWD service jurisdiction is appropriate. However, the gravity sewer connection to VWD from FS6 is likely to be available prior to completion of de-annexation process. Carlsbad/LWD/VWD Interagency Sewer Service Agreement Page 1 of 3 LWD 3252-665 OctoberlS, 2006 G. Three processes and actions for permanent transfer of sewer service area from LWD to VWD are required of the Local Agency Formation Commission (LAFCO), including: 1) Detachment from LWD; 2) Amendment of the VWD sewer service sphere of influence; and 3) annexation to VWD for sewer service. AGREEMENT LWD, Carlsbad, and VWD therefore agree as follows: 1. VWD shall accept, collect, treat, and dispose of the wastewater generated on the FS6 property in accordance with its rules and regulations 2. VWD shall be responsible for all offsite gravity sewer service plan checking, design plan approvals, bonding, construction inspection, and acceptance of all required wastewater facilities required to provide gravity sewer service for FS6 to the VWD sewer collection system, whether such facilities are located on the FS6 property or off-site. 3. VWD and Carlsbad shall, as may be reasonably necessary, maintain, repair, and replace the sewer facilities on the Property and required to provide the services by VWD, and LWD shall bear no responsibility or expense with respect to such maintenance, repair, and/or replacement. 4. LWD shall retain past annexation fees, if any, and any other charges, fees, assessments, or taxes previously received by LWD. LWD shall further continue to receive any real property taxes attributable to the Property as long as the Property is located within the jurisdictional boundaries of LWD. The preceding sentence shall not be construed to include retention of continuing service charges or fees for the provision of wastewater collection, treatment, and disposal services by VWD, whether collected on a real property tax bill or otherwise. 5. VWD and Carlsbad shall defend, indemnify and hold harmless LWD and its officers, board members, employees, agents and consultants from any claim, loss, or other damages asserted against LWD or its officers, board members, employees, agents or consultants occurring or alleged to have occurred as a result of the acts or omissions of VWD and/or Carlsbad or any of their officers, board members, employees, agents, or consultants relating to the provision of sewer services by VWD under this Agreement. 6. Carlsbad has requested that LWD initiate LAFCO proceedings for de-annexation of the FS6 property from LWD and annexation of the FS6 property to VWD. The application shall not include the provision of water services by OMWD. Carlsbad, LWD, and VWD shall support the de-annexation application. Carlsbad/LWD/VWD Interagency Sewer Service Agreement Page 2 of 3 LWD 3252-665 OctoberlS, 2006 7. Until such time as the Property is de-annexed from LWD jurisdiction, VWD may bill Carlsbad directly for the provision of sewer services or, subject to payment of a reasonable handling fee, bill through LWD. 8. This Agreement shall remain in effect until such time as the Property is de- annexed from LWD and annexed to VWD, or its successor agency, at which time this Agreement shall automatically terminate. 9. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors-in-interest. Date: 1/9/2007 LEUCADIA WASTEWATER DISTRICT ^District Manager Date: i /g/?nn7 VALLECITOS WATER DISTRICT District Manager Date: 1/9/2007 Approved as to Form CITY Mayor Carlsbad/LWD/VWD Interagency Sewer Service Agreement LWD 3252-665 Page 3 o/3 OctoberlS, 2006 EXHIBIT "A" LEGAL DESCRIPTION LEUCADIA WASTEWATER DISTRICT FS6 DE-ANNEXATION BEING ALL OF THAT LAND DESCRIBED IN GRANT DEED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 8, 1984 AS FILE NO. 84-085792 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THERE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.500 ACRES, MORE OR LESS. DAVID W. AMBLER LS. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 1 of 1 M:\2352\123\Legal descriptions\A-36 La Costa Oaks South VWD FS6-Annex.doc WO. NO. 2352-123 EXHIBIT "B"SHEET 1 OF 2 VICINITY MAP CITY OF SAN MARCOS PROJECT ITE N.T.S. LEGEND V7"7\ INDICATES EXISTING WATER SERVICE AREA OF VALLECITIOS WASTEWATER DISTRICT (VWD) AND EXISTING SEWER SERVICE AREA OF LEUCADIA WASTEWATER DISTRICT (LWD). ALSO INDICATES AREA OF DETACHMENT FROM LWD AND AREA OF ASSUMPTION OF SEWER SERVICE BY VWD AREA - 0.500 ACRES HUNSAKER & ASSOCIATES SAN DIEGO, INC DAVID V AMBLER EXP. 12/31/07 PLANNING 10179 Huemekens SL Suite 200 ENGINEERING San Diego, Ca 32121 SURVEYING PH(619)55W50fl • FX(619)558-1414 R:\0318\8cMap\EP VWD FS6 Annex SHT O1.dwg[ ]Aug-03-2006: 16: 16 W.O. NO. 2352-123 LEUCADIA WASTEWATER DISTRICT DATE: AUGUST 3, 2006 SCALE: N.T.S. APN: DETACHMENT FROM LEUCADIA WASTEWA TER DISTRICT DRAWN BY: LL LWD. NO.: EXHIBIT "B"SHEET 2 OF 2 200 200 400 600 SCALE 1"=200' CITY OF CARL S3AD TRACT 99-04-08 VILLAGES OP LA COSTA - LA COSTA OAKS NORTH MAP NO, 15318 202 201 SIHOPANOKAMA CJTY 0^ CARLSBAD CT 99-04-01 VILLAGES OF1 LA COSTA LA COSTA OAKS SOUTH MAP NO, 14379 199 EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT RECORDED JANUARY 21, 19JO IN BOOK 1737, PAGE 4 OF DEEDS. HUNSAKER & ASSOCIATES SAN D I E C a INC PLANNING 10179 Huemekens St Suite 200 ENGINEERING Ssi Diego, Ca 92121 SURVEYING PH(619)S584500 • FX(619)558-1414 R:\0318\tMap\EP VWD FS6 Annex SHT 02.dwg[]Aug-03-2006: 16:20 199 \ND CONVEYED IN DEED TO THE C/TY OF, CARLSBAD, RECORDED MARCH 8, 1984 AS FILE NO. 84-085792, OF O.R. W.O. NO. 2352-123 LEUCADIA WASTEWATER DISTRICT DATE: AUGUST 3, 2006 SCALE: 1" = 200' APN: DETA CHMEN T FROM LEUCADIA WASTEWA TER DISTRICT DRAWN BY: LL LWD. NO.: