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
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WHEREAS, the parcel is located within the sewer service area of the Leucadia
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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
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Water District; and
13
WHEREAS, the Leucadia Wastewater District, the Vallecitos Water District, and the
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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
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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
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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.: