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Home My WebLink AboutCT 97-13; Carlsbad Oaks North; Tentative Map (CT) (4)Sent By: WILSON ENGINEERING; 7604380173; Jan-30-02 15:03; Page 2/3 GEOCON INCORPORATED GEOTECHNICAl CONSULTANTS Project No, 06442-32-01 January 28,2002 Tochbilt Construction Corporation Post Office Box 80036 San Diego, California 92138 Attention: Mr. Ted Tcjhang Subject: CARLSBAD OAKS NORTH BUSINESS PARK; CT 97-13 CARLSBAD, CALIFORNIA PROPOSED GRAVITY SEWER MAIN; STATION 11+00 TO 14+00 Gentlemen; In accordance with the request of Mr. Bob Ladwig, this correspondence has been prepared to address geotechnical considerations associated with the proposed location of a gravity sewer main in an existing earthen embankment for a desilting basin. The desilting basis is located approximately 1,400 feet north of the north terminus of El Puerto Street on Lot 26 of the subject project. According to the Preliminary Geotechnical Investigation prepared by Woodward-Clyde Consultants, dated June 15, 1990, the embankment consists of engineered fill placed in conjunction with the development of the adjacent business park. It is understood that the sewer main will be approximately 5 to 6 feet deep below the embankment crest. In our opinion the sewer main can be constructed as proposed without adversely impacting the stability of the embankment provided that the recommendations below are followed: 1. The initial trenching operations for the sewer main should be observed by Geocon Incorporated to verify (hat the soil conditions exposed are similar lo those anticipated, 2. Crushed rock should not be used for pipe bedding between Stations Nos. 11+00 to 14+00. The bedding material, if required, may consist of fine sand or silty sand. 3. Backfill of the pipe to at least 6 inches over the top of pipe should consist of concrete or an acceptable cementitious slurry mix. 4. The remainder of the trench backfill should be compacted to at least 90 percent relative compaction using acceptable backfill material. RECEIVED JAN 3 0 2002 LADWIG DESIGN GR 6960 Flanders Drive II San Diego, Cfllifotnio 9:mi-'2974 • Telephone (858) 558-6900 • Fax (§58) 558-6159 Sent By: WILSON ENGINEERING;7604380173;Jan-30-02 15:03;Page 3/3 If there arc any questions regarding our recommendations Or additional information is desired pi, contact the undersigned. * Very truly yours, GEOCON INCORPORATED lease Thomas GE503 TVLrdmc (2) Addressee (2) City_ofCarlsbad» Engineering Department "Attention: Mr. Bill Pummer (2) Ladwig Design Group Attention: Mr. Bob Ladwig (2) O'Day Con$ultants Attention: Mr. Tim Carroll Project No. 06442-32-0!-2-Jaimary 2K, 2002 Lciclwig Design Group, Inc. J^^ December 12, 2001 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: CARLSBAD OAKS NORTH/PROJECT STATUS REPORT DATED DECEMBER 1, 2001 (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Clyde: There are a number of items in your status report (copy attached) that I don't feel accurately reflect the current status of a number of items. I will respond to your agenda heading items as follows: Specific Plan/Tentative Map We have submitted both these items sometime ago and are anxiously waiting for comments. I'm concerned, and I have passed this concern on to Anne that the City will respond with comments and ask for a very short turnaround time to make significant changes. Environmental Impact Report We have received the first screen check from Anne on December 5th. Copies were distributed to our project team and they are currently reviewing the report. We have noticed a significant number of inaccuracies or questions in the screen check and are suggesting that we meet with City Staff on January 10th at 2:00 P.M. to go over our comments. There still is the issue as to the preferred alternative that is in the EIR. You are aware that we do not agree with the City's selection of the preferred alternative. Local Facility Management Plan Your status report says the submittal was premature. We would like to remind you that we were asked to submit the LFMP Amendment. I have now received a call 2 days ago from Don Rideout asking us now to go through the LFMP again and resubmit it. As mentioned above, there are some - in our opinion - major issues not addressed to our satisfaction in the EIR that need to be resolved before any time is spent on the LFMP Amendment. Traffic Study No further comments. 703 Palomar fiirport Road 4 Suite 300 + Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Clyde Wickham December 12, 2001 Page 2 Sewer The screen check of the EIR focuses on the South Agua Hedionda system. As you are aware, we have requested that the City consider a pumping alterative for us to join in with Vista and pump out of the basin. This would be followed up by a Sewer Master Plan Amendment. The Wildlife Agencies have final permit authority on the offsite gravity sewer, and we are concerned that because of the significant habitat impacts with the offsite gravity sewer that the agencies are going to be asking for a less impactive alternative such as our pump station and force main alternative. Schedule Your status report estimates that the environmental processing is six to eight weeks behind schedule. I would suggest that this is conservative because of the status of the screen check that we are currently -reviewing and the major decisions that need to be made and incorporated into all documents. Please look these comments over and if you have any questions, please give me a call. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo Enclosure cc: Ray Patchett, City Manager, City of Carlsbad Lloyd Hubbs, Public Works Director, City of Carlsbad Michael Holzmiller, Planning Director, City of Carlsbad Bob Wojcik, Deputy City Engineer, City of Carlsbad Anne Hysong, Project Planner, City of Carlsbad Marshall Plantz, EIR Manager, City of Carlsbad Dave Hauser, Deputy City Engineer, City of Carlsbad Don Rideout, Growth Management, City of Carlsbad Paul Tchang, Ted Tchang, and Doug Woods, Techbilt Construction Tim Carroll, O'Day Consultants 703 Palomar Rirport Road 4 Suite 300 4 Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 PROJECT STATUS REPORT Month: December 1, 2001 To: Via: From: Ray Patchett, City Manager Lloyd Hubbs, Public Works Director Michael Holzmiller, Planning Director Carlsbad Oaks North SP 211/CT 97-13/HDP 97-107 SUP 97-07/GPA 97-05/ZCA 97-05 Bob Wojcik, Deputy City Engineer - Development Services Clyde Wickham, Project Engineer cc: Ann Hysong, Project Planner Marshall Plantz, EIR Manager Dave Mauser, Deputy City Engineer Don Rideout, Growth Management Bob Ladwig, Ladwig Design Specific Plan/ Tentative Map Environmental Impact Report Local Facilities Management Plans Traffic Study Sewer Schedule Current This Month Adjustments Staff review of the Specific Plan and Tentative Map is continuing. The final determination of project alternatives to be included in the EIR is complete. The screen check of the Draft EIR is expected to be submitted to staff for review in December. The Zone 16 LFMP amendment was submitted on September 27. This submittal was premature based on the information available. Now that the studies for the draft EIR have been prepared, the applicant is being directed to resubmit the LFMP amendment in a complete package. The traffic study is basically complete. The project is dependent upon the So. Agua Hedionda sewer trunk line for sewer service. Several alternatives will be evaluated by the E|R. The conceptual schedule on the reverse of this memo has been updated to reflect current progress. The environmental processing is approximately 6-8 weeks behind schedule. SP/TM: Staff to complete review. EIR: EIR consultant preparing draft screen check. RECEIVED DEC 072000V. LADWIG DESIGN GR V 5 Zc?2- i.°an i» ,-. 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Data: ;• 111 t ! ! 5 Task Nameis c— o 0— o ^ o"~ O I o _ c - 2 - 2 D o '. o oto • o D 0 .D oto D S O o 11/30/2001 FRI 11:05 FAX 619 223 2865 TECH BUILT -»->-» BOB LADWIG . 7> 11002/005 Techbilt Construction Corp. Mailing Address 3575 Kenyon St. P.O. Box 80036 San Diego, CA 92110 San Diego, CA 92138 Telephone (619) 223-1663 FAX (619) 223-2865 November 29, 2001 Lloyd Hubbs City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: CARLSBAD OAKS NORTH PROPOSED SEWER SYSTEM Dear Lloyd: As the longtime owners of the Carlsbad Oaks North property, there are several items that we would like to discuss with you and resolve relative to the ultimate sewer service for Carlsbad Oaks North. The following is a background of our request. The existing Sewer Master Plan shows sewer service for Carlsbad Oaks North and the Raceway Basin to be a gravity system via the South Agua Hedionda Interceptor down to the Sunny Creek area and eventually to the proposed Cannon Road Pump Station. Several changes have occurred since adoption of the Sewer Master Plan that affects the viability of that route, including 1) the obstacles in finalizing the City wide HMP that would have provided the environmental mitigation/authorizations; 2) the inability to micro-drill and resulting increase in sensitive habitat/wetland impacts; 3) the withdrawal by the City of Vista (and its $3 million) from the project and Vista's determination to use a pump station to direct its flows and the Raceway Basin flows to the south; and 4) continuing significant uncertainty as to the potential development density for the Zone 15/Sunny Creek area in general. The City is currently preparing an EIR for the Carlsbad Oaks North project that shows the gravity system as one alternative per the existing City Sewer Master Plan, and will also consider the connection to the Vista force main and pump station as an alternative. The South Agua Hedionda Interceptor route from our onsite low point at Faraday Avenue and El Fuerte down to the point of connection (approximately 7,500 feet) traverses mostly undeveloped properties (7) much of it undisturbed sensitive native habitat and wetland crossings. H/,30/2001 FRI 11:06 FAX 619^3 2865 TECH BUILT -»-»-» BOB LADWIG il003/005 We understand final approval of the Cannon Road Pump Station will require a Coastal Development Permit (CDP). The staffs current estimate is to have the CDP ready for City review and approval in approximately six months. We have been informed that Coastal staff now apparently supports the City's pump station design, but the existing neighboring residents, we heard, may appeal the City's Pump Station Coastal Development Permit decision. We have always proposed as an alternative to the South Agua Hedionda gravity line, a pump station and force main system to carry our effluent to the Vallecitos line to the south of our project. City Staff (Marshall Plantz) has indicated that this Vista pump station sewer option is to be included in the current Carlsbad Oaks North EIR. The City of Vista has decided not to direct their flows into the Carlsbad South Agua Hedionda Interceptor system and to carry all their flows in reconstructed lines in new Faraday Avenue alignment across County property to El Camino Real down Palomar ^ Airport Road to the west to generally Camino Vida Roble (near the ARCO station) to a ( point of connection at the San Marcos Interceptor. Carlsbad has now removed the Vista flows from the Cannon Road Pump Station design. We understand that also includes the Raceway Basin flow and that the Raceway Basin is in the Vista sewer assessment district area. Vista has stated that their current schedule is to bid the first phase of the force main upsizing in February, 2002 with construction to begin in April, 2002. As their alignment follows existing facilities/easements, no significant habitat impacts or mitigation will be required. Based on the above, we propose the following for consideration: Continue with the EIR preparation for Carlsbad Oaks North with both the gravity and pump station/force main alternatives. Concurrent with project approvals, amend the Carlsbad Sewer Master Plan and delete Carlsbad Oaks North and the Raceway Basin properties from the South Agua Hedionda Trunk line. We would also propose to Vista to relocate the existing Raceway pump station to a site on Carlsbad Oaks North at El Fuerte and Faraday Avenue, including a new connecting gravity line between the two pump stations. We would request of Vista to join in their new system (construction projected to be in April 2002). We would request an interdistrict/city service agreement. We would pay to the City of Carlsbad our share of the Cannon Road Pump Station fee of $318,400 in exchange for being removed from the South Agua Hedionda Trunk system. H/,30/2001 FRI 11:06 FAX 619 ^23 2865 TECH BUILT -»->-» BOB LADWIG @004/005 This fee could be used to offset the loss of Carlsbad Oaks North fees to the City for the construction of the Cannon Road Pump Station. The $318,400 was arrived at with the following assumptions: Between the three projects, there are 1,475 equivalent dwelling units. This number times $400 per EDU is $590,000. From Carlsbad Oaks North, there are 796 EDU's. At $400 per EDU, the fee is $318,400, and if the Raceway and Forum properties participate at the same level as Carlsbad Oaks North, they have 679 EDU's, or a fee of $271,600. As indicated, this fee can help reduce the City's advance of funds for the construction of the Cannon Road Pump Station. The Vista force main alternative is superior from a design, environmental, and cost perspective. It avoids an unnecessary 7,500- to 8,000-foot gravity line across sensitive habitat, which the City does not have final permit authority over, and eliminates approximately 12 acres of coastal sage impact, together with the associated mitigation costs, time delay, and uncertainty of agency approvals. We cannot understand why the Resource Agencies would approve the gravity alternative across County owned/general plan open space land that has not been addressed in the draft HMP versus a pumping alternative with a force main mainly in future Faraday that is considered in the draft HMP. From a design perspective, the relocated pump station operated by Vista is better located on the Carlsbad Oaks North site and more efficiently utilizes existing easements and more direct routes to the Encina treatment plant than does the Cannon Road route. Vista would be responsible for the operation and maintenance of the pump station and force main. The Cannon Road pump station size could be reduced, but payment of the proportional fees would not be lost from the Carlsbad Oaks North property. Because Vista will be ready to go to bid in 2 months (February 2002), we need a decision from the City and Vista of the above concepts. A decision now would also benefit Carlsbad in the final design of the Cannon Road Pump Station. 11/30/2001 FRI 11:06 FAX 619 223 2865 TECH BUILT ->->-» BOB LADWIG g)005/005 We request to meet with you as soon as possible to discuss the above items. We also request a joint meeting with you and the Resource Agencies to discuss our proposal and their feedback on the installation of a gravity sewer down the Sunny Creek canyon. We will wait for your response. Sincerely, Techbil£>£pnstruction cc: Ray Patchett, City of Carlsbad Michael Holzmiller, City of Carlsbad Anne Hysong, City of Carlsbad Marshall Plantz, City of Carlsbad Bill Plummer, City of Carlsbad Ted Tchang, Techbilt Construction ... Doug Woods, Techbilt Construction Tim Carroll, O'Day Consultants Ron Rouse, Luce, Forward, Hamilton and Scripps Bob Ladwig, Ladwig Design Group Loduiig Design Group, Inc. October 12, 2001 Terry Lutz Principal Engineer City of Vista 600 Eucalyptus Avenue Vista, CA 92083 Reference: CARLSBAD OAKS NORTH (LADWIG JOB NO. L-1021) Dear Terry: Now that the City of Vista has decided not to participate with Carlsbad in the Agua Hedionda Sewer Interceptor, I have a few questions relating to Carlsbad Oaks North. .-, - 1. Have you included in your analysis an option to include service for Carlsbad Oaks North in your system, along with the other properties in the Raceway basin? 2. Would you consider an option to join with and provide service for Carlsbad Oaks North, Raceway, and Forum, and relocate the Raceway pump station to the proposed intersection of Faraday and El Fuerte? This option would require a gravity line between the old and new pump stations. 3. Are you still interested in relocating your force mains into Faraday Avenue? 4. What is your drop dead date to make final decisions on ail aspects of your project? 5. When do you start construction? 703 Polomor flirport Road + Suit© 300 + Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Terry Lutz October 12, 2001 Page 2 The EIR for Carlsbad Oaks North is approaching completion and according to Marshall Plantz, we should be going out for public review in about six weeks. I would appreciate a response from you to the above questions so that if there are any options we need to include in the EIR that we have time to make those additions. If you would like to get together to discuss this in more detail, please give me a call. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo cc: Ted Tchang, Techbilt Construction Tim Carroll, O'Day Consultants Marshall Plantz, City of Carlsbad Anne Hysong, City of Carlsbad 703 Palomor flirport Road * Suite 300 4- Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 Date: September 24, 2001 J.N. 96-1005 Carlsbad Oaks C.T. 97-13 Response to city comment letter dated May 4, 2000 PLANNING Tentative Map 3. The proposed boundary (limits of grading) along the northerly edge of development shown on the tentative map matches the HMP hardline and has been verified by Don Rideout. There are minor encroachments into the 300 foot setback for grading, but all development, including the fire suppression zones, do not encroach into the native vegetation. 4. There are slopes that are less than 3:1 along the easterly edge of development. The slopes vary from 2:1 cut slopes to flat to 2:1 fill slopes. Additional slope ratios have been added to the plan. 5. Pollution control basin #2 has been relocated from impacting the oak trees to an area of non-native grasslands. 6. HDP exhibit has been prepared to exhibit the project in compliance with the HDP guidelines for residential developments. Also see written justification prepared by Bob Ladwig. 7. Same as No. 6 above. 8. We have reviewed the contour grading along Faraday and it appears that the 2:1 and 3:1 slopes labeled on the tentative map will work. The slope between lot 21 (now lot 6) and Faraday Ave has variable slopes from 2:1 to 3:1. 9. Due to the restricted land area and the back-cut required during construction two separate walls may not be feasible. Further detailed study is required. 10. In process of adding additional area at the intersection for a larger mini-park /open space area. ENGINEERING 1. Preliminary water quality control plan has been prepared. 2. We were waiting for the traffic study to be approved, have added ADT to title sheet. 3. Street intersection spacing, including driveways, comply with city's guidelines. 4. Lot 8 (now lot 24) has three separate driveways, one on street "D" and two on street "B". The two major driveways for this lot are located at the end of street "B", which are about 400 feet from street "D". It appears there is sufficient stacking distance. A detailed analysis of stacking distance will be required as part of the discretionary approval process for the future development of this lot. At that time, if it is determined that additional stacking distance is required, than the developer of that lot will be responsible to provide the necessary distance within the development. 5. Slopes on the adjacent lot have been relocated outside of the sight distance line for lot 12 (now lot 14). 6. Please see letter from Geocon which addresses the concerns for slopes on the north side of lot 8 (now lot 24). 7. All slopes greater than 30 inches are located outside the sight triangle and the required sight distance lines. 8. As we had agreed upon in the past, the midslope terrace ditches have been removed. Please see recommendation from Geocon that there should be no midslope terrace ditches. 9. 10 foot contours have been added. 10. Borrow and stockpile sites have been added to the phasing plan. 11. A "colored" cut/fill excavation exhibit has been prepared. 12. Slope protection to the bottom of the slope has been added. 13. Until a sewer alternative has been approved, lot 25 remains as a potential site for a future sewer lift station. If the SAH alternative is a gravity sewer and no lift station is necessary, this lot will be used as a recreational/open space lot. 14. Noted. 15. See revised phasing plan. 16. See revised phasing plan. Carlsbad Oaks/Faraday Avenue Status Meeting Agenda 9/6/01 1. Development a. Alternatives Considered b. Alternative Issues c. Alternatives to include in the EIR 2- Roadway a. Wildlife Crossing 3- Sewer a. Master Plan b. "Out of Basin" 4- EIR Preparation a. Remaining Data/Products b. Remaining Decisions 5- To Do Items - a. Approved Traffic Report b. LFMP based on Approved Traffic Report c. Loduiig Design Group, Inc. August 24, 2001 Dennis Landaal Kimley-Horn & Associates 517 4th Avenue Suite 301 San Diego, CA 92101 Re: CARLSBAD OAKS NORTH (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Dennis: Enclosed per your request from Tim Carroll at O'Day Consultants is the hardline map for Carlsbad Oaks North. We gave a copy of this to Anne Hysong yesterday. Tim mentioned that he will be sending you the electronic file for this exhibit. If you have any questions, please give Tim or me a call. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo Enclosure cc: Anne Hysong, City of Carlsbad Marshall Plantz, City of Carlsbad Ted Tchang, Techbilt Construction Tim Carroll, O'Day Consultants 703 Palomar Rirport Road 4- Suite 300 + Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Uiduiig Design Group, Inc August 23, 2001 Ann Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: CARLSBAD OAKS NORTH (LADWIG DESIGN GROUP, INC. JOB NO. L-1021) Dear Ann: To follow up on your request, I have outlined below the major items that were amended on our latest Specific Plan resubmittal to you on May 17th of this year. Those major changes include: 1. Uniform page and exhibit numbering throughout the document. 2. Revisions of the introduction section (page 1-1). 3. Revisions of the project location descriptions (page 1-2). 4. Revisions of the Specific Plan acreages and site locations (page 1-5). 5. Removal of eating areas within the public right-of-way and adjusted driveway locations on Figure 4 - Land Use Schematic (page 1-8). 6. Addition of compliance with general plan section (page 1-9). 7. Addition of grading concept exhibit - Figure 12 (page II-l 1). 8. Added dimensions on Figure 14 - Community Identity and Entryway Sign (page HI-19). 9. Made changes requested to architectural guidelines (page rfl-20). 10. Added Figure 15 - Blasting Area and Temporary Materials Processing Center (page IH-26). 11. Added a stormwater pollution prevention section starting on page IV-13, including an NPDES facilities exhibit shown on Figure 21 ending on page IV-20. 703 Pcilomar flirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 Ann Hysong August 23, 2001 Page 2 These are just the major categories of the items that were changed. Also, I would like to bring to your attention that we will be changing lot numbers and I would plan to do that on our next resubmittal after you have provided us comments from the submittal back in May of this year. You had also asked for a letter reference the changes made to the tentative map. Tim Carroll will be providing that to you under separate cover. I will be gone the week of August 27th and will return back to my office on September 4th. I understand that you will be on vacation for the first three weeks of September. I look forward to your response. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo cc: Ted Tchang, Techbilt Construction Tim Carroll, O'Day Consultants 703 Palomar flirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 Sent By: WILSON ENGINEERING; 7604380173; Aug-16-01 15:50; Page 2/2 taduiig Design Group, Inc. L-1021 8/16/01 The following agenda items are intended to be general in nature to determine their status and to identify all specific areas to be addressed as part of a comprehensive project review/analysis. AGENDA CARLSBAD OAKS NORTH/PROJECT STATUS MEETING September 6.2001 - 2:00 PM - FARADAY BUILDING 1. Does Merkel and Associates concur with Chaparral Classifications prepared by Dudek (Techbitt Rancho Santa Fe property) for Carlsbad Oaks North? If so, Kimley-Horn needs to amend 8/2/01 biological impacts report. Any resolution to Lot 23 connectivity problem? 2. Review of Biology inventory including Wetlands (on- and off-site) and project impacts in preparation of meeting with Wildlife Agencies - discussion of project impacts. 3. Status of 404 completion checklist? (Keith to prepare) 4. Review of HMP "hardlines" mapping (O'Day). 5. Review amended design of shortened Drainage Crossing on Faraday and provision for animal crossing (K & H). 6. Status of Draft EIR preparation - when will a screen check be available for land-owner review? 7. Update of Cannon Road Lift Station Coastal Permit application. 8. Review of Faraday alternate "D" design (O'Day). 9. Review of "To Do" list. Add/delete any items? 10. Other items? 11. Next meeting date - October 4,2001,2:00 PM - OK? 12. Adjourn cc: Anne Hysong, Michael Holzmitter, Gary Wayne, Don Rideout, Skip Hammann, Marshall Plants, Clyde Wickham, Glen Van Peski, Ted Tchang, Doug Woods, Tim Carroll, Pat O'Day Wes Pringle 703 Polomor flirport Rood * Suite 300 4 Carlsbad, California 92009 (760) 438-3182 PfiX (760) 438-0173 08/15/2001 16:03 6194674293 DEPT OF FISH AND GAM PAGE 09 08/15/01 14:29 FAJ 760 431 9618 FWS-CARLSBAD RO Ms.Hysong(FWS-SDG-2127) 3 3. The proposed project would require authorization from the Department, the Army Corps of Engineers, and the Regional Water Quality Control Board for impacts to the on-site walcrs of the U.S. The proposed project will require a Section 1603 Streambed Alteration Agreement (SAA). The Department's issuance of an SAA for a project that is subject to CEQA will require CEQA compliance actions by the Department as a responsible agency. The Department, as a responsible agency under CEQA, may consider the City's MND for the project. To minimize additional requirements by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final MND should fully identify the potential impacts to the stream and riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. An SAA notification package may be obtained by writing to The California Department of Fish and Game, Environmental Services Division, 4949 Viewridge Avenue, San Diego, CA 92123 or by calling (858) 636-3160. In addition, the applicant may be required to obtain a permit pursuant to Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers as well. 4. The Wildlife Agencies will need to review and concur with coastal sage scrub and wetland revegetation plans before the project begins construction. 5. The Wildlife Agencies recommend the use of native plants to the greatest extent feasible in the landscape areas adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The applicant should not plant, seed or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near mitigation/open space area and/or wetland/riparian areas. Exotic plant species not to be used include those species listed on Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as'- pepper trees, pampas grass, fountain grass, ice plant, myoponim, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spani sh broom. A copy of the complete: list can be obtained by contacting the California Exotic Pest Plant Council at 32912 Calle del Teaoro, San Juan Capistrano, CA 92675-4427, or by accessing their web site at http://www.caleppc.org. The Wildlife Agencies appreciate the opportunity to comment on the Mitigated Negative Declaration, for the Palomar Forum. If you have any questions, please contact Meredith Osbome of the Department at (858) 636-3163 or John Martin of the Service at (760) 431-9440. Sincerely, nancy Gilbert ' T*>r William E. Tippets Assistant Field Supervisor En vironmentai Program Manager Carlsbad Field Office South Coast Region U.S . Fish and Wildlife Service California Department of Fish and Game DATE: TO: c: FROM: MEMORANDUM 08-01-01 Assistant Planning Director Principal Planner, Chris DeCerbo Associate Planner SUBJECT: PROJECT STATUS - CARLSBAD OAKS NORTH/FARADAY AVENUE/SOUTH AGUA HEDIONDA INTERCEPTOR (SAHI) SEWER The project includes an environmental impact report, specific plan, and LFMP amendment as well as General Plan amendment and zone change (to readjust open space boundaries and rezone from PC to PM), subdivision map, hillside development permit, floodplain special use permit, and planned industrial permit for the Carlsbad Oaks North industrial subdivision, Faraday Avenue extension and SAHI sewer. The following summarizes status of the various applications: Item Environmental Impact Report Specific Plan, Tentative Map, Landscape Plans Status First Screencheck Outstanding Issues: • Road, Sewer and Project Alternatives Analysis • LFMP - traffic, sewer, drainage sections • Hazards - Fire Dept has submitted their mitigation requirements • Biology - mitigation analysis • Hydrology/Water Quality - NPDES plan Second Screencheck Draft Eir - 45 day public review 3rd Plancheck Estimated Completion Mid September, 2001 November, 2001 January - March, 2002 August, 2001 A status meeting is scheduled with applicant, Public Works, Kimley Horn road, sewer and EIR consultants, and Planning to discuss the alternatives analysis and remaining outstanding issues. Anne Hysong, Associate Planner City of Carlsbad Planning Department FAX TRANSMITTAL DATE: January 10, 2001 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 2 TO: Isabel Kay COMPANY: UCSD PHONE #: FAX #:858-534-7108 FROM: Anne Hysong DEPT.: PLANNING PHONE: (760) 602- 4622 FAX: (760) 602-8559 SPECIAL INSTRUCTIONS: In response to your question regarding resource materials prior to the scoping meeting, I wanted to let you know that we have no resource materials ready for distribution at this time. We will provide a fairly detailed description of the project including the alternatives at the scoping meeting. A brief written description of each segment of the project along with colored maps identifying the Carlsbad Oaks North Business Park project and the Faraday Avenue road and sewer alternatives will be distributed at the meeting. This information will be attached to a form requesting written input following our presentation of the project. Your written response will be accepted through February 8 , 2001. n Return Fax 1635 Faraday Avenue * Carlsbad, California 92008-7314 12/29/00 11:22 FAX 61923494; Kimley-Horn and Associates, Inc. KIMLEY-HORN & ASSOC ^ @002/004 517 Fourth Avenue San Diago, California 92101 December 26, 2000 Mr. Clyde Wickham City of Carlsbad 163 5 Faraday Avenue Carlsbad, California 92008 Subject: Traffic Analysis for the Faraday Avenue Environmental Impact Report Traffic Section Dear Clyde: As we discussed on Wednesday, Dec. 20, the Carlsbad Oaks Nortb Traffic Impact Analysis provided a focused analysis of the following intersections in order to identify the impacts associated with the Faraday Avenue extension: • El Camino Real/Faraday Avenue • El Camino Real/Palomar Airport Road • Mekose Drive/Faraday Avenue • Melrose Drive/Palomar Airport Road We agree that above intersections represent the locations most impacted by Faraday Avenue traffic diversion. However, based on subsequent discussions, we feel the study area should be expanded in order to provide a more exhaustive analysis. We recommend that the following intersections be added to the analysis: • College Boulevard/Faraday Avenue • College B oulevard/Palomar Airport Road • Business Park Drive/Park Center Drive • Business Park Drive/S an Marcos Boulevard Since the above locations are already evaluated in the Carlsbad Oaks North traffic study, their inclusion in the EIR would not require new data collection or field observations. We feel that the additional analysis wouJd moke the EIR more comprehensive by identifying impacts (if any) to intersections not immediately adjacent to or parallel to the Faraday Avenue extension. The eight above TEL 619 234 9411 FAX 619 234 9433 11:22 FAX 619234943J KIMLEY-HORN & ASSOC 12)003/004 can Kimley-Horn and Associates, Inc. Mi- Clyde Wjekham, December 26,2000, Page 2 intersections would constitute the study area for measuring the traffic impacts of the roadway extension. The study area for the Carlsbad Oaks North development proposal is defined in accordance with the regional implementation of the Congestion Management Program (CMP) and summarized the Willdan/WPA traffic study. EIR Data Needs Faraday Avenue Expansion Traffic Impacts In order to complete the traffic section of the EIR relating to the impacts of the Faraday Avenue extension, we would need analysis of the eight intersections listed above under the following traffic scenarios: • Year 2005 base condition (without Carlsbad Oaks North development without Faraday Avenue extension) • Year 2005 without Carlsbad Oaks North with Faraday Avenue extension • Year 2005 with interim Carlsbad Oaks North development without Faraday Avenue extension • Year 2005 with interim Carlsbad Oaks North development with Faraday Avenue extension In addition to the intersection analysis described above, peak hour arterial analysis of Palomar Airport Road and Faraday Avenue (i.e., Highway Capacity Manual (HCM) Chapter 11 procedures; see below) would be desirable for each of the conditions described above. Carlsbad Oaks North Development Project Traffic Impacts Based on our discussions with the City and with Susan O'Rourke, we understand that Willdan/WPA has been asked to make revisions to their December 7, 2000 submittal. These revisions include: • Creation of Year 2005 and Year 2010 base conditions for the purposes of specifying the project's traffic impacts • Use of computer model runs, rather than manual adjustments, to reflect the diversion of traffic resulting from the extension of Faraday Avenue • Identification of funding and feasibility of transportation improvements outside the City's jurisdiction We feel that there are other issues that should be taken into consideration in the next iteration of the study that would improve the defensfbility of the environmental document, including: Analysis methods. The San Diego Traffic Engineers' Council/Institute of Transportation Engineers (SANTEC/TTE) final draft guidelines (March, 2000) give jurisdictions latitude in selecting the appropriate analysis methods. The use of 1985 11:22 FAX 619234943;KIMLEY-HORN & ASSOC 0004/004 can Kimley-Horn and Associates, Inc. Mr. Clyde Widcham, December 26,2000. Page 3 procedures in the CAPSSI software appears to have been accepted by the City. However, given the scope of revisions requested by O'Rourke Engineering and in this memo, it may opportune for WiHdan/WPA to switch to 1997 procedures in HCS, SYNCHRO, TRAFFK or some other commonly-used software to complete the next iteration of the study. This approach would have the following benefits: • Implementation of the most current methods for calculating intersection delay • Consistency of results with respect other recent traffic analyses in the area • Repeatability of analysis results by other consultants using the same volumes and analysis procedures Congestion Management Program Conformance. Sections VI and K of the 1993 San Diego County CMP implementation requires peak hour capacity analysis of freeway segments where the peak hour directional volume is greater than 150. The distribution triggering this analysis is seven percent based on full project buildout. Carlsbad Oaks North Only Daily and Peak Hour Traffic Assignments. While these volumes can be calculated by subtracting out the without project numbers, it would be desirable to have Carlsbad Oarks North daily and peak hour traffic assignments for both the interim and full project buildout conditions for the purposes of identifying project-related volumes throughout the study area. Very Truly Yours, KIMLEY-HORN AND ASSOCIATES, INC. C. Scott C. Barker, AICP Project Planner cc: Marshal) Plantz, City of Carlsbad Anne Hysong, City of Carlsbad Susan O'Rourke, O'Rourke Engineering Tim Gnibus, Cotton/Bridges/Associates, Inc. Dennis Landaal, Tim DeWitt, and Chuck Spinks, KHA H:\P-DRlVBPROJECTS\095250.s\095272<M5\WordV7205U01.doc 12/13/2000 10:08 7443052 OROURKE ENGINEERING PAGE 01 1640 S. Bancbo Santa Jfc Rd. Suite 807 Sen Marcos, CA 92069 Phone: 7607448089 FAX: 7607448MB apall: ORourteEn«taeer«@c*xwiii Menwmndian To: Prom: Date Subject: CC: Clyde Wickham Susan O'Rourke Wednesday, Carlsbad Oaks 133000 I think I should clarify my statements to Scott Barker. I told htm that I would have an opinion by the end of the week on the study, I told him that the problems arise when a draft of the traffic study gets Incorporated into the Era then the TIA gets revised and the revisions aren't reflected in the EIR that the City staff is reviewing. Scott brought up concerns regarding the items he identified in the study. I told him that most of the Items were addressed in line with the CMP/ SANTEC guidelines. Since we had not seen the completed study yet, I couldn't be specific on a timeline. 1 will have an opinion on how dose we are by Friday. Perhaps it would be beneficial, if we believe that there is doubling of efforts, if Kimley-Horn would put in writing the specific items they are requiring tor their analysis. When we got the list from Cotton-Bridges, we forwarded it to Sasaki and made sure of its Inclusion in the document We can assist Kimley-Horn in the same manner. Give me a call if you have any questions. Design Group^lnc. November 29, 2000 Mr. Ted Tchang Techbilt Construction P. O. Box 80036 San Diego, CA 92138 Reference: Dear Ted: MELROSE AVENUE AND FARADAY AVENUE (LADWIG JOB NO. L-1021) The other day I sent to you a copy of a newspaper article that stated that Vista was going to reserve $ 16 million of S AND AG money to be used to complete both Melrose and Faraday Avenue. Today I went to the City of Vista to get a copy of the Council's action related to these two roadways. Attached you will find copies of the Vista City Council Agenda from November 14th and also November 28th. Vista has not agreed to help finance Faraday Avenue, hi addition, I talked to Wendy in the City Manager's office, and she confirmed that she had heard about the article in the newspaper. The Council did in fact discuss Faraday but they only agreed to reserve funding for the extension of Melrose. Please look the attached information over, and if you have any questions, give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.lll Enclosures cc: Pat O'Day, O'Day Consultants w/enclosure Tim Carroll, O'Day Consultants w/enclosure Steve Sasaki, Willdan w/enclosure Anne Hysong, City of Carlsbad w/enclosure Lloyd Hubbs, City of Carlsbad w/enclosure 703 Polomar Rirport Road 4 Suite 300 + Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Sent By: WILSON ENGINEERING;7604380173;Nov-27-00 9:20;Page 2/2 if in hi?|g?&s!:IHs £Q ^* nr C*OH €> ^^ £^ { •te-l |B.a0 w j? S§ s. ifit ir?i?d »•*'* l& § ^i lILilii^ 25 IS!goro 10 NOV. 9.2000 4:02PM COTTON/BELflND/ftSSOC.NO.211 P. 1/1 weCOTTON/BELAND/ASSOCIATES, INC. URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS 6336 GREENWICH DRIVE SUITE F SAN DIEGO, CALIFORNIA 92122 (858)625-0056 FAX (858) 625-0545 E-MAIL tung@cbaplanning.coin c!x\ FACSIMILE TRANSMTTTAJL This is a Confidential message, intended solely for the person (a whom it is addressed. If you receive thin message in error, please forward it to Me correct person, or mall It back to us. Thank you. DATE: TO: FROM: COPIES TOt PROJECT NO: SUBJECT: TRANSMITTING: November 9,2000 Anne Hysong City of Carlsbad Tim Gnibus Dennis Laudaal Karina Perovich File 1165.00 Faraday Avenue 1 pages including trnnsmittal FAX# (760)602-8559 COMMENTS: Anne - As a follow-up to my voice mail, it appears that the sewer alternatives (3) are set, and tlie roadway alternatives (2) should be finalized by next Wednesday. We are still in need of the specific plan, LFMP, and traffic study. We have not received traffic data to use for air and noise modeling. We did get a call from O'Rourke Engineering a few days ago inquiring as to the data that we need for air and noise. It sounds like the noise data may be available; however, we have not received any data yet. It also sounds like the aii data (i.e, the trip generation) has not even been calculated yet, so we are not sure when that will become available for op use. Please give me a call when you get a chance to discuss the status of the specific plan, LFMP, and traffic data/report, Thanks. Anne Hybong - Faraday fb '"' '^E"Paqe 1 jt •- !,. - V- .:.•..-.._,-...'*- ^ ,.:;,ti.»; .f..y*a-..~ •••^••-.!^f^.-:Lf •fl^*.>n.t'.*,,* ~> - '•"• '• •• ;-~Z, ^y-V;.-^^ \ ^^^^f : >j.j^-'gi'-'^.-'xI... -^ • , V^-^^li.li; f.'.;-.!l.<,-t j^V. !.;•!.-•. • ; .:. sy-*»w -«.-. ,. - •.•¥-•»,-if:Vf.ss- .— •>:•"" . •• ".- .i '.•,'.'-**'.: .• -.f ••• ;•... ^^^^•-.ifa'A'M^-- .... *r~ .» ' ^~ _.^^_'^l> i« J. 1J.J..JI . r _•,;-•:-•__-.- n ...................... . . .. . , . . J . . From: Tim Gnibus <timg@cbaplanning.com> To: <ahyso@ci.carlsbad.ca.us> Date: 10/6/00 3:49PM Subject: Faraday Anne- As a follow-up to our conversation yesterday the following delineates our traffic data needs in order to run the air quality and noise models. Air Quality We need the project trip generation table for the Tchang Specific Plan. This table typically will depict the land use, square footage of each use, trip generation rate, and corresponding project trip generation. We need to know both the square footage by use and the trip generation because we calculate both stationary (i.e. electricity, gas usage) and mobile (vehicular) emissions. Noise With respect to noise, we need the ADTs for all roadway segments studied in the traffic report for every scenario analyzed. This would typically include existing, existing + project, interim year (e.g. 2005) with and without the project, and a buildout year with and without the project. With respect the proposed project, it is our understanding that Weston Pringle will study two 2005 scenarios, one with Faraday and one without Faraday. We do not need intersection data or level of service data to run the models, just the ADTs. We prefer that the ADTs are shown on exhibits rather than tables (or both exhibits and tables). Its a little harder to work with just tables. Tim Anne Hysong - Faraday fl| ^B Page 1 From: Tim Gnibus <timg@cbaplanning.com> To: <ahyso@ci.carlsbad.ca.us> Date: 10/6/00 3:49PM Subject: Faraday Anne- As a follow-up to our conversation yesterday the following delineates our traffic data needs in order to run the air quality and noise models. Air Quality We need the project trip generation table for the Tchang Specific Plan. This table typically will depict the land use, square footage of each use, trip generation rate, and corresponding project trip generation. We need to know both the square footage by use and the trip generation because we calculate both stationary (i.e. electricity, gas usage) and mobile (vehicular) emissions. Noise With respect to noise, we need the ADTs for all roadway segments studied in the traffic report for every scenario analyzed. This would typically include existing, existing + project, interim year (e.g. 2005) with and without the project, and a buildout year with and without the project. With respect the proposed project, it is our understanding that Weston Pringle will study two 2005 scenarios, one with Faraday and one without Faraday. We do not need intersection data or level of service data to run the models, just the ADTs. We prefer that the ADTs are shown on exhibits rather than tables (or both exhibits and tables). Its a little harder to work with just tables. Tim CONSULTA/'NTS Civil Engineering • Surveying October 6, 2000 J.N. 96-1005-1 Mr. Marshall Plantz City of Carlsbad 163 5 Faraday Avenue Carlsbad, CA 92008-7314 RE: Faraday Avenue Dear Marshall: I'm writing to you in response to the comments that the horizontal curves for Faraday Avenue shown on the Carlsbad Oaks Tentative Map require superelevation. The current design of the curves uses a minimum horizontal radius of 670 feet, which is based on both the City of Carlsbad's street design criteria and AASHTO's "A Policy on Geometric Design of Highways and Streets". From the City of Carlsbad's circulation element and street design criteria: -Faraday Avenue is classified as a secondary arterial -Design speed for a secondary arterial is 40 miles per hour -Minimum centerline radius is 670 feet From AASHTO's design manual: -A 40 mph design speed is classified as a low design speed street (the minimum limit for high design speed is 50 mph) -Friction factor, f, for 40 mph is 0.18 (Fig. 111-117) -Using the simplified curve formula: e + f=V2/15R Where: Superelevation, e =-0.02 Friction Factor, f = 0.18 Design Speed, v = 40 mph -0.02 + 0.18 = 402/15R R = 667 feet As you can see, the design for Faraday Avenue is consistent with both the City of Carlsbad's design criteria and AASHTO's design manual and does not require superelevation. O'Day Consultants Inc. E-mail: oday@odayconsultanls.com 5900 Pasteur Ct. Suite 100 Website: www.odayconsultants.com Carlsbad, California 92008-7317 Tel: 760 931 7700 Fax: 760 931 8680 If you have any questions or comments, please feel free to give me a call. Very truly yours, O'DAY CONSULTANTS, INC. Tim Carroll Project Manager Cc: Ted Tchang, Techbilt Construction Company Clyde Wickham, City of Carlsbad Anne Hysong, City of Carlsbad TC/ts W:\MSOFFICE\WINWORD\96-1005\CURVE.Kr 111 _J CQ IM a e o . OS'VO Running Speedu u% E C - I *U <aU 3 £•§ra ca ^.SJS H bo «j S G— <ura o•u <Uca o •S -08 § 'S2 6JO > •a ~ o 8g * l-1«W 1 1 & IIIl!if Iftil A fc S. :§aO <U .s „, , 11•Mu. ca ^T3u e ca bo . Cw ' — § I '5 S js ca sw3 IMoo "3 u G boS 2 J3 SJu ca vi Un -3 18 cca 65 AASHTO— Geometric Design of Highways and Streetsspeeds apply to the high- type arterials in the outlying suburban areas. For thearterial streets through the crowded business areas, coordinated signal con-trol through successive intersections generally is necessary to permit even thelower speeds. Many cities have substantial lengths of streets controlled so asto operate at running speeds of 15 to 25 mph. At the other extreme, in subur-ban areas it is common experience on preferred streets to adopt some form ofspeed zoning or speed control to prevent hazardously high speeds. In theseareas the infrequent pedestrian or occasional vehicle on a cross street may beunduly exposed to accident hazard caused by through drivers gradually gain-ing speed as the frequency of urban restrictions are left behind or by driversretaining the speed of the open road as they enter the city. Thus, althoughthrough traffic should be expedited to the extent feasible, it may be equallyimportant to establish a ceiling speed to reduce hazard and serve local traffic.Speed zones of 25 to 35 mph are common, increasing in 5-mph increments asthe route extends outward to the edge of urban development.A posted maximum speed, as a matter of practicability in determinationand enforcement, is not the highest speed that might be used by relatively fewdrivers. Instead, it usually is about the 85-percentile speed value determinedby observation of a sizable sample of vehicles. Such a value is within the"pace" or 10-mph speed range used by most drivers. Speed zones cannot bemade to operate properly if arbitrarily determined or selected. They must beconsistent with conditions along the street and subject to reasonableenforcement.With running speeds of 20 to 45 mph it follows that pertinent designspeeds for arterial streets range from 30 to 60 mph. Design speed for a majorurban arterial highway depends largely on the frequency of at-grade intersec-tions and the amount of cross and turning traffic but should generally be 40 to60 mph. For the less important urban arterials the design speeds are some-& 1.5?05 1>•auJO 2 1CA | 60 IS "ca 1caaaJDl-i ca <+-co V3 g 1"u < 1 la "1 2 1•slg « O W3U '"* 3 "2 •«'C u5 S. CA "§ a§ .2? * «1- <U<s •* V, " "& bo S -9 •S £ %§••5 uE 0 •» O -0 Cm -c u«-• 0 •§tn vi fca o ^U T3 -O *J3.§<<-, CL, £ 0 2 1"O oo x« 2 u ex, ca o "> OH •£> «« t» 0 illItl ieJto Z3 from this discussion that there are meaningful differences between the designcriteria applicable to low and high design speeds. Because of these distinctdifferences, it is necessary to establish certain limits. For application in thisoublication. the maximum limit for low or lower design speed is 40 mph, and ,the minimum limit for hieh soeed is 50 mph. The resultant intermediate"design speed range (approximately 10 mph) could have conditions approxi-mating either those of high or low design speed. Such conditions would gov-ern in the selection of the appropriate criteria. The specific basis for selectionin the intermediate range is discussed in Chapters III through VII. ; •' *•Elements of Design 1871i the continued increase in curvature until e reaches emil,. The recommendedc c j w UUiC3 V { u C« •aU 2 U 5 C _4 St 1 ff £ct *•»«_c^J(4-1£ V3a. a> Cto Vi / £ctoE 6o£ (A g =u V. S•acCO 5i "8vi gE "5o3V3 U.c rs1 CO COal r- i £3blE<s III-5. They are based on a tolerable degree of discomfort and provide a rea-sonable margin of safety against skidding under normal driving conditions inthe urban environment. These values vary with the design speed from 0.30 at' 20 mph to about 0. 17 at 40 mph, 40 mph being the upper limit for low speedestablished in the design speed discussion of Chapter II./^ Although superelevation is advantageous for traffic operations, various/ factors often combine to make its use impractical in many built-up areas.i ,.___Suchfactors include wide pavement areas, need to meet the grade of adjacentproperty, surface drainage considerations, and frequency of cross street Jballeys and driveways. Therefore, horizontal curves on low-speed streets inurban areas are frequently designed without superelevation, counteracting thecentrifugal force solely with side friction. On these curves traffic entering acurve to the left has an adverse or negative superelevation in the slope of thenormal crown, but with flat curves the resultant friction required to counter-act both the centrifugal force and the negative superelevation is small. How-ever, on successively sharper curves for the same design speed, the maximumdegree of curvature or sharpest curve without superelevation is reached whenthe side friction factor developed to counteract centrifugal force and adversecrown reaches the maximum allowable value based on safety and comfortconsiderations. For travel on sharper curves, superelevation is needed. Themaximum superelevation rate of zero in Table III- 16 establishes the minimumradius for each speed below which superelevation is not provided on localstreets in residential and commercial areas but should be considered in indus-trial areas or other streets where operating speeds will be higher. A maxi-mum superelevation rate of 0.040 or 0.060 is commonly used. The maximuij^^curvature for a given design speed is defined for low-speed urban street^^when both the maximum superelevation rate and the maximum allowable sidefriction factors are utilized.Maximum Safe and Comfortable Speed on Horizontal CurvesFigures III- 18 and III- 19 and Table 111-16, for low speed urban streets, arederived from the simplified curve formula:J= °J W-4 CA •ft S oo ta eelco ^ "i-t§ |£§^a-stf * *^-Jv-> , — i- £~ bflT P"«^~ S H x> ' g *-" S ii >, £ 2<*-. -° =) n°*r -a .s? ++ <0 lit ' u ' S- e 2v"i8 V o * £ 'a » S£§£~* jo es*|111So o. u E I I A"A of Highways and Streets186 AASHTO— Geometric Designa horizontal plane, theUnder case II conditions with narrow medians ita o•s (AC3 1 bo13 "OuT3 runoff lengths should be the same as those for undivii box; 2 CO<o ^CXa _c 1?j5 %Hi-1bO S 8ca"S 1 £ tN jjjj o r~- *Ht-H CA Ux>t2 c 'er, with medians about?. I ^•S '5 C V3W3 ^"i«<o lca</icca 1 g •S'1 </}>» ri <u-C5 "8V3 UXI 2 1 CA^_tai u x[•S'ECi gc § •giHSJi -S^iSgS^-SSS SJtll»J5H I|r-i-•s.is-s-S's c^a^ls^|Si sl!||!MS? ft?!i?— * rj c x! ^S-^ZT'"•B-a^y-" £S3SSrt C9 • S B <USRJ3S!|1H till!tun \l*X > *+* SH SPC u"" 60 w OS-8^,0 e^5,gs |-g iiirgiini-§i«N!i?«;11II1*I«I^I?* HHHH<u(»cdo -2 V3 « cBae 1rtVI <U•5 ^E T3UB"s esign and greater atten-ause they serve muchements is insignificant•a u B Divided highways warrant a greater refinement in ition to appearance than two-lane highways do begreater traffic volumes and because the cost of refik. u2 -o 01 T3 11£? ^^ V) T3 «U j-13 <2 11 *"§^3 Cnl compared with the cost of construction. Accordingly,length of runoff should be considered minimums, i-S § (A'3!u uXi 33 1 £.S4-1 Uen ^J COID "3> Uiubo 4pJ JJ. § 2 u•a 1 "e3 1 8.&u •8 V)> V33O'S OH cn< 1 SaI0 1>XI•*_> •§IS t3 S'o BH ^izontal curves is tM J M-<O BbO 'cO-S .8*-• _B Uw)3 C9 B3;> •5 S 4-11-1 g of discomfoB ) experience a feeluu> -oo•5 COuCO aCJ uiic2 4-HO CA U5£ •*-*S u•S summarized<r>1HHH^HH 3bOiJu •d8a, CO Bbp V3•8 B'34-* &CJ CO « 1o 4-i £ I 'S21 icse apparent•3ts CA g u o •8exo"53 1 1o £ B0 '-4~* CJ i:u•a "to 1 CO'•5 mmended for0 CO <r>•aoJ3 1 'O cd r> HHHHHH £ b££ .9u T3.5 *O CO 1 ^XI 1l-l 13 'S BbO 'coU•a 1c (4-1 "B03 <U bn .tributin]i §:CAg: 0si ign of horizonCO;O•a UX!i•»T38; E 1OJI-i.a fNi 1 t streets.C3 (U B •8.81'have develop; centrifugalffactor is lessning, driversid, none of thee side friction2 J3 "Si'l!s: Sjif l&l*J:Ili- ^ . O I-H C . T?treets whed of disco1 by supere"• e. «c- •§• oca u1 caXi i-> >-iw •S1 " •d si 30 X^ 0u bb uS-13 .2 1 TJu8,CA top*w•S (D ita E3O •3 <uu bbuT3 u ,c2 allowablee | s^KJ UXj g s irect proportic-o B ^ CO3 CO u•ae at the maximum a:f remainsCO£UH u1ca•s 00 S00 <? £? uo. oo T3 «£caco M 6 |.3 u 6 en "S ccd *de-e o f .S Ita " .S § 6 »? -§ 3 Superelevation"o 53 1 for maximum•3ca t^Table III- 16 shows minimum curveB 3 1a-«1 B o superelevation. There will be occasions,u o u the maximum va+-J§streets will require some superelevation buB ^^^p ^ ca 3 ^ ^ ^l^> T3 "O ti„ • X U B O > 0 g 5 "3 2 0s*•a, 8 E s c2 B w2d o> §•" 3 £^<« -S S -0 £ £« <= w u a - gs 1 a 1 '5 g a•o n *. &,-- •= oA) — 1J3 tT1 tflS B g p cu us 0 2 -° ex S 3 **I'nH 1!•slttM*3 «"* « .— t*i tf\rate selected. For example, say a 500 ft radidesign speed of 40 mph and a maximum siTable III- 16 it is evident superelevation isvalue. An accepted procedure for determiniis found in Figure III- 19. By employing thithe appropriate superelevation would be 0.0In the beginning of the low-speed urban iurban drivers are more conditioned to8 |OH M X 00 *(j superelevation. However, once superelevaticonsistency. In order to attain this consister<4-l 4-1 OEca u H •3au E3_e £j 'E uJS••-> 4-1"0 W5<L>>I*3O !HU O BOB5BJ2"caJ3 O M aE -s C ^o "° 1 ^ cd ^^u&o so tfl O^ |o P c/l?? 1 (4-1 m a maximum o*superelevation for radii larger than the miniiure III- 19 for maximum superelevation ratespeed the value of e is distributed uniform11 3 1••3 & S §i-2u § _c '•§•5 5o £is u B So n,•s 3Stn n. E5T* *••O -*0.060 to a minimum of 0.015 in direct prihence to a degree of curvature. The maximiiu ca~a g i3 2 3 CA 3 for all curves requiring superelevation. Thisi'H"^ W3 •o1 1cd ing a series of superelevated curves in urbanform from curve to curve.! 1a eo SB2 u 13 ur C S 2 JJex o 33 «S S 111 a uJ3 U JJ-a .5 tfl cd ll6 .a _-rt X H 11 IS •? .3 OB §•ac 5 s -g.if"3 t> E o u 3 g « cT3 OO •S*60 ° -^5 'So T3 CX J3ca o B <jsbo O' O > U c en^ .00 'S cB S (0It) a •010)0)a _ I^ O t ~ cu03CL 2 I•2 o apis °ooo Max. ,060 + .050 >0> -.050 IS I ^ £C Vehicle Speed, Figure 111-18. Maximum safe and comfortable speed for horizon- tal curves on low-speed urban streets. .06 .05 .03 .02 .015 600 5? R Mln. (eMax + f) For Radii Larger Than Minimum e = - f Figure 111-19. Superelevation for low-speed urban streets. CONSULTA lN T S Civil Engineering ' Surveying Date: October 3,2000 J.N. 96-1005 Kimley-Horn's Alternative Site Plan Review Summary 1 . It appears that at a minimum a construction easement will be necessary from the adjacent property owners. Additional off-site sewer easements or grading over new sewer, or both, may also be required. 2. The "off-road" sewer was reduced from about 3,100 If to 1,500 If. 3. Sewer pump stations appear necessary for lots 22 and 23 4. Lowering Faraday, created 40 foot high slopes at 2: halong 1,300 feet of Faraday, as compared to variable and undulating slopes from 10 to 40 feet 5. It was stated in last meeting that the horizontal curves in Faraday were softened to eliminate superelevation. There was no need to eliminate superelevation, the streets were designed to City of Carlsbad standards for a secondary arterial. 6. Lots 10 and 1 1 were re-graded to drain away from the public street to relieve slope height and gain pad area. Similar designs were rejected by the city in the past. The city requires all lots to slope toward public streets. 7. Lots 12 and 15 were dropped about 20 feet, this will cause additional grading into granitic rock. 8. It does not appear the site plan meets the city's HDP standard as was mentioned in the last meeting. There are slopes over 40 feet, no undulation of slopes along Faraday and after a very quick look, it doesn't seem the grading is under 10,000 cy/ac. 9. Three NPDES basins were eliminated. One basin was added but appears too small and encroaches into some wetlands. Basins on tentative map can be revised to avoid wetlands and oak trees 10. Pad area decreased by about^ko acres. Although not shown on the plan, we took into account the following: -undulating slopes along Faraday -pull slopes back for sight distance -50 foot setback along easterly property line -directed the grading of lots 10 and 13 towards the street -added steep driveway approaches into lots O'Day Consultants Inc. E-mail: oday@odayconsultants.com 5900 Pasteur Ct. Suite 100 Website: www.odayconsultants.com Carlsbad, California 92008-7317 Tel: 760 931 7700 Fax: 760 931 8680 11. Off-site Faraday alternative increased walls, about 1,500 If and up to 30 feet high (or slopes). Also with numerous drainage catch points, increase in storm drain facilities may be necessary. Access to the adjacent property is very limited. 12. The sewer through county land will be difficult to construct and maintain, any thought about directional drilling? 13. Need to review the following: geotechnical report for off-site Faraday alternative earthwork analysis cost comparison, especially off-site Faraday biological impacts W:\MSOFFICE\WINWORD\96-1005\OAKNOTES.DOC Faraday Ave. Sewer Alternative #1 (Segments A and B) PRELIMINARY OPINION OF PROBABLE COSTS Prepared For City of Carlsbad Prepared By: Jennifer Johnson/Karina Perovich Date: 10/03/00 Kimley-Horn and Associates, Inc. Job No. 095272002 Revised: PAGE 1 OF 4 Construction Costs Segment "A" Total from Sheet 2 Segment "B" Total from Sheet 3 Item Incidental Costs Engineering (Assume 12% Const.) -(includes other design consultants) Mapping (Assume 2% Const.) Construction Staking (Assume 3% Const.) Geotech (Assume 3% Const.) Other Consultants (Landscape, etc. 10% Const.) Bond (3% of Construction Costs) Quantity Unit LS LS LS LS LS LS Total Unit Price $338,760.00 $56,460.00 $84,690.00 $84,690.00 $282,300.00 $84,690.00 $824,116 $1,998,893 $2,823,009 Total $338,760 $56,460 $84,690 $84,690 $282,300 $84,690 Sub Total $931,590 Total Estimated Project Costs $3,754,599 Faraday Ave. Sewer Alternative #1 (Segments A and B) PRELIMINARY OPINION OF PROBABLE COSTS Prepared For: City of Carlsbad Prepared By: Jennifer Johnson/Karina Perovich Date: 10/03/00 Kimley-Horn and Associates, Inc. Job No. 095272002 Revised: PAGE 2 OF 4 Item Quantity Unit Unit Price Total Surface Improvements 15' wide DG Access Road (4") Estimated Construction Cost Earthwork Soil Excavation/Embankment Clearing & Grubbing Remedial Grading (30%) Estimated Construction Cost Sewer System 15"PVCMain(SDR-35) 15"PVC(C-905)Main (*add 20% for assumed average sewer depth of 10')' 18" PVC Main (SDR-35) 18"PVC(C-905)Main (*add 20% for assumed average sewer depth of 10')' Manholes -for 15" Manholes -for 18" Manholes (water tight) Main Connection Estimated Construction Cost Landscape Landscape - Revegetation/Stabilization of 2:1 Slopes (Hydroseed and Irrigation) Estimated Construction Cost Environmental Impact Estimated Mitigation Cost 1,760 2,500 0 750 1,621 520 520 360 2,330 2,330 7 13 0 1 23 0 LF CY AC CY LF LF LF LF LF LF EA EA EA EA KSF AC Sub Total $6.50 $3.50 $500.00 $3.50 $60.00 $80.00 $95.00 $125.00 $2,500.00 $2,500.00 $7,500.00 $3,000.00 $1,200.00 30% Contingency Total $11,440.00, $11,440 $8,750.00 $0.00 $2,625.00 $11,375 $97,260 $41,600 $8,320 $34,200 $291,250 $58,250 $17,500 $32,500 $0 $3,000 $583,880 $27,240 $27,240 $0 $0 $633,935 $190,180.50 $824,116 Faraday Ave. Sewer Alternative #1 (Segments A and B) PRELIMINARY OPINION OF PROBABLE COSTS Prepared For: City of Carlsbad Prepared By: Jennifer Johnson/Karina Perovich Date: 10/03/00 Kimley-Horn and Associates, Inc. Job No. 095272002 Revised: PAGE 3 OF 4 Item Quantity Unit Unit Price Total Surface Improvements 12' wide DG Access Road (4") Estimated Construction Cost Earthwork Soil Excavation/Embankment Rock Excavation (surcharge) Clearing & Grubbing Remedial Grading (30%) Estimated Construction Cost Sewer System 18"PVCMain(SDR-35) *add 2% for every foot of cover over 5' 18"PVC(C-905)Main *add 2% for every foot of cover over 5' 18" Siphon Sewer Concrete Encasement Sanitary Sewer Manholes - for 1 8" (350') Sanitary Sewer Manholes (water tight) Main Connection Estimated Construction Cost Tunneling Drill & Ream 42-inch Hole Install 14" low flow pipe Install 14" peak flow pipe Install 4" air jumper pipe Construct Inlet Chamber Construct Outlet Chamber Automatic Flushing System Subtotal Contingencies, 10% Total Estimated Construction Cost Landscape Landscape - Revegetation/Stabilization of 2:1 Slopes (Hydroseed and Irrigation) Estimated Construction Cost Environmental Impact Wetland habitats (ORF, SAW, SWS) /•° Southern Maritime Chaparral (SOC) Coastal Sage Scrub (CSS, CBS) Estimated Mitigation Cost Mitigation Monitoring Total Estimated Environmental Impact Cost ^J^^ ^7 k^^^^- -*-^ /)r\ *v 8,000 LF 3,600 CY 3,600 CY 3 AC 1,080 CY 6,295 LF 0 LF 45 LF 0 LF (see tunneling 1,660 LF 25 EA 7 EA 1 EA 443 LF 330 LF 330 LF 350 LF 1 Each 1 Each 1 Each 44 KSF .., \5.g9-'> AC 0.03 AC <'T*3CLx> AC 5.00 YR Su6 Total 30% Contingency Total $6.50 $3.50 $2.50 $500.00 $3.50 $95.00 $95.00 $125.00 $125.00 below) $30.00 $2,500.00 $7,500.00 $3,000.00 $378.00 $85.00 $85.00 $28.00 $55,500.00 $45,000.00 $29,400.00 $1,200.00 $120,000.00 $50,000.00 $25,000.00 Maximum: $10,000.00 $52,000.00 $52,000 $12,600.00 $9,000.00 $1,600.00 $3,780.00 $26,980 $598,025.00 $0.00 $5,625.00 $0.00 $49,800.00 $62,500 $52,500 $3,000 $771,450 $167,454.00 $28,050.00 $28,050.00 $9,800.00 $55,500.00 $45,000.00 $29,400.00 $363,254.00 $36,325.40 $399,579.40 $399,600.00 $52,680 $52,680 $104,400.00 $4,500.00 $76,000.00 $184,900.00 $50,000 $234,900 $1,537,610.00 $461,283.00 $1,998,893 1. THIS ESTIMATE IS PROVIDED AS A SERVICE TO OUR CLIENT FOR COMPARATIVE PURPOSES ONLY. THE TAKEOFF IS BASED ON CONCEPTUAL 200 SCALE DESIGN AND MAY NOT REFLECT ACTUAL COSTS OR QUANTITIES. 2. REMEDIAL EARTHWORK QUANITIES ARE ESTIMATED (30% OF TOTAL GRADING) AND ARE NOT BASED ON ANY SOILS INFORMATION. 3. SEWER EXCAVATION ASSUME NO ROCK. 4. UNIT PRICES ARE BASED ON LOCAL CONTRACTOR BIDS FOR SIMILAR WORK AND ARE NOT GUARANTEED MAXIMUM. 6. THIS ENGINEER'S OPINION IS NOT A GUARANTEED COST OR GUARANTEED MAXIMUM FIGURE. 7. THIS ESTIMATE DOESNT INCLUDE CONSTRUCTION ADMINISTRATION, R/W ACQUISITION COSTS. INSURANCE, LICENSES, TAXES, FINANCING CHARGES OR PLAN CHECK FEES. 8. PARK, SCHOOL, FBA, WATER AND SEWER FEES HAVE BEEN EXCLUDED FROM THIS ESTIMATE. 9. ADDITIONAL COST FOR SEWER DEPTH WHERE NOTED OVER 51 ASSUMES AN AVERAGE DEPTH OF 15'. 10 ESTIMATE ASSUMES THAT FARADAY AVENUE HAS BEEN CONSTRUCTED WITH A LOWERED ALIGNMENT PER A SEPARATE ESTIMATE. ENVIRONMENTAL IMPACTS IN THIS AREA DUE TO SEWER ARE ASSUMED TO BE COVERED WITH THE ROADWAY ESTIMATE 11 THIS ESTIMATE ASSUMES LETTER(S) OF PERMISSION TO GRADE FOR OFFSITE GRADING. 12 THIS ESTIMATE ASSUMES NO EXPORT OF EXCESS MATERIAL OR IMPORT OF MATERIAL. 13 THIS ESTIMATE ASSUMES NO FENCING. 14 THIS ESTIMATE ASSUMES NO ENHANCED SLOPE LANDSCAPING. 15 THIS ESTIMATE ASSUMES NO NEED FOR WATER SERVICE TO SIPHON AREA. 16 THIS ESTIMATE ASSUMES NO CITY ADMINISTRATION COSTS. 17 MITIGATION COSTS REFLECT MITIGATION RATIOS OF 3:1 FOR ALL WETLAND HABITATS AND SOUTHERN MARITIME CHAPARRAL. COASTAL SAGE SCRUB REFLECT A 2:1 RATIO. 18 MITIGATION COST REFLECT A MAXIMUM NUMBER. THE MINIMUM NUMBER IS $100,500.00 Sent By: WILSON ENGINEERING;7604380173;Oct-2-00 9:00;Page 2/2 lodtuig Design Group, Inc. 10/2/00 The following agenda items are intended to be general in nature to determine their status and to identify all specific areas to be addressed as part of a comprehensive project review/analysis. AGENDA CARLSBAD OAKS NORTH/PROJECT STATUS MEETING October 5.2000 - 9:30 AM - FARADAY BUILDING 1. Update on Kimley-Hom alternate sewer design/subdivision layout/grading/off-site Faraday 2. City comments on traffic study submitted by W.P.A, 3. Update on status of Specific Plan (Ladwig) — 4. Discussion of need for animal crossing at Faraday Avenue -fc^^^^^. ^SLJ*-*™- pj^t-^^e— 5. (Dther items? ^W-A-**- ^H. o-^?CCU^_-> —- 6. / Next meeting date -11/2/00 @ 9:30 P.M. - OK? 7. Adjourn cc: Anne Hysong, Michael Holzmiller, Garry Wayne, Don Rideout, Skip Hammann, Marshall Plantz, Clyde Wickham, Glen Van Peski Ted Tchang, Doug Woods, Tim Carroll, Pat O'Day, Steve Sasaki f^S 703 Palomor fiirport flood * Suit® 300 * Carlsbad, California 92009 (760) 438-3182 FftX (760) 438-0173 Anne Hysong September 28, 2000 Page 2 Item #13 -You indicated that staff will require one lot to be commercial. We disagree with this and think that it is important from our standpoint to make commercial an acceptable use on certain lots but not a requirement or single use. Item #15 & 17 - You indicated that you had talked to Cindy Haas and got the impression from her that she wanted no further divisions. As we discussed, this would be a serious problem for us. The minimum lot size in the PM Zone is one acre, and we would agree to a restriction that the lots would not be subdivided to be smaller than two acres and that it would okay to consolidate lots. Item #18-A - We will clarify our language to not require special building details only on the north face of the buildings of Lots 2 through 5. Item #18-B1- We are reviewing the design guidelines for Carlsbad Ranch and will get back to you on this. Item #18-B2 - We agreed that the rounded and curved elements would not be a requirement on all buildings. Item #18-B5 - Again, we will review the Carlsbad Ranch design guidelines and get back to you on this. Item #18-B6 - We understand your concern on architecture and again will review the design guidelines for Carlsbad Ranch and get back to you. Item #18-D- Mr. Ted Tchang will direct a letter to Michael Holzmiller addressing the background of the 300-foot setback and the Specific Plan Request to reduce building setbacks to help make up for the loss of the additional habitat setback. Item #19 - Storage area screening is okay. Item #20 - We will show a trail along the northerly edge of Lot 22 from Faraday to our westerly boundary as Alternate 1. Alternate 2 will place the trail within the building setback along the north edge of Faraday west of El Fuerte. Item #22 - We would like to specify that no future trail construction will be necessary east of El Fuerte in the open space. The trail would follow the existing sewer line road. 703 Palomar fiirport Road * Suite 300 4 Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 Anne Hysong September 28, 2000 Page 3 Item #23 -You were going to check with Engineering in reference to our suggestion to have language included in the open space dedication that would allow us to complete our subdivision work and not have a problem getting our permits in an open space lot in the future. As mentioned in item #7 above, Tim and I reviewed the Kimley-Horn alternative design this morning. In addition to the cut/fill analysis we need, there are some other general comments we have. They are: • We need to see the geotechnical analysis for off-site Faraday and the biology. Can we get an electronic file? A concern with the K-H alignment is the location across the face of what appears could be an un-stable slope with major drainage concerns. Also, if remedial grading is required, there could be major impacts on biology. • The K-H retention basin north of Faraday appears small and would also impact existing wetlands. • K-H has a fairly consistent 40' high slope along Faraday. No allowance was made for variable slopes similar to the O'Day plan. Also, corner sight distance allowances were not made. It appears there would be a loss of about 1.7 acres based on the K-H plan. The O'Day plan has a variable slope that averages about 25' high versus the K-H slope of 40'. • An issue that has not been discussed is the Creek Crossing at Faraday - the animal crossing and the detention basin. We agree that detention is necessary. We question the need or viability of the animal crossing because of the requirement for detention. If the animal crossing was deleted, Faraday could be lowered about 8'. The side slopes would pull in 30'± and there would be less impact from grading and reduction of wetland impacts on the north side. There would still be adequate clearance for utilities and the lower 6'x7' box culvert could serve as the animal crossing. With the lower road, the culvert would be shorter and at the natural creek grade. Only during the very short time when the pipe would be full would it not function as an animal crossing. 703 PQlomar Rirport Road 4- Suite 300 4 Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Anne Hysong September 28, 2000 Page 4 After we have received the requested information from K-H, Tim will provide you with a specific engineering response to their plan. Please let me know if we differ on the items we discussed on 9/25/00. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.l2 cc: Ted Tchang Doug Woods Tim Carroll 703 Polomar Rirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Design Groupftlnc. August 25, 2000 Anne Hysong Planning Department City of Carlsbad 1635 Faraday Carlsbad, CA 92008 RE: CARLSBAD OAKS NORTH/SEWER SERVICE (LADWIG JOB NO. L-1021) Dear Anne: Enclosed per our discussion recently is a letter directed to me from Dexter Wilson that spells out the sewer capacity available in the Encinas Creek/Palomar Airport Road Basin within the City of Carlsbad. Clyde Wickham had asked that this information be submitted to the City as soon as it is available so that they could look at it and also provide it to the environmental consultant. I have attached a total of four sets of the documents for you to distribute. If you need additional copies, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb.l08 Enclosures cc: Ted Tchang, w/enclosure Tim Carroll, O'Day Consultants, w/enclosure 703 Palomar Rirport Rood *• Suite 300 *• Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 DEXTER WILSON ENGINEERING, INC. August 25, 2000 DEXTER S. WILSON, P.E. ANDREW M. OVEN, P.E. STEPHEN M. NIELSEN, P.E. MICHAEL J. FILECCIA, P.E. ,/' 686-002 Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 Attention: Bob Ladwig Subject: Sewer Capacity in Encinas Creek/Palomar Airport Road Basin Attached please find a summary table of capacity and two agreements which spell out the City of Carlsbad ownership in the Vallecitos Pipeline and the Buena Pipeline down Encinas Creek to the Encina Wastewater Authority. The City of Carlsbad owns 5 MGD of capacity in the Vallecitos Interceptor. The City of Carlsbad also owns capacity in the Buena Interceptor. The Buena Interceptor capacity varies as your go west but at the corner of Palomar Airport Road and El Camino Real it is 1.2 MGD when you reach 1-5 it is 3.0 MGD. These ownerships are spelled out in the attached agreements. The City of Carlsbad Master Plan, which was done by Wilson Engineering in 1992, calls for an ultimate peak flow from these basins at 1-5 of 7.72 MGD. This leaves an excess capacity of 0.28 MGD in ownership which could be used to serve the Techbilt property in Raceway Basin. If a joint City of Carlsbad/City of Vista pump station is built to serve the Carlsbad and City of Vista portions of Raceway Basin, additional capacity would be available to RECEIVED AUG 2 5 2003 7O3 PALOMAR AIRPORT ROAD, SUITE 3OO • CARLSBAD, CA 92OO9 • IADWI6 DESIGN GR (760)438-4422 • FAX (76O) 438-0173 Bob Ladwig August 25, 2000 Page 2 serve this pump station from the City of Vista ownership in the Vallexcitos line. The City of Vista approximately 3.75 MGD of capacity in the Vallecitos Interceptor. / The biggest difficulty for the City of Carlsbad is going to be in splitting flows between the Vallecitos and Buena pipelines to fully utilize the City's ownership. Right now I believe, the temporary connection from Carlsbad Research Center Pump Stations enters the Vallecitos line. When this connection is removed, then, it will free up actual capacity in the line. Carlsbad Research Center was always master planned to flow into the North Agua Hedionda Pump Station. I hope this letter answers your questions and provides you with the needed agreements. If you have any questions or need any additional information, please call. Dexter Wilson Engineering, Inc. \\Fs\docs\686-002\Letters-Memos\lladwig001.wpd SUMMARY OF CAPACITY \ •Carlsbad ownership in Vallecitos Interceptor - / 5.0 Peak MOD from El Camino Real to Encina •Carlsbad Ownership in Buena Interceptor- 1.2 MGD Peak @ Palomar Airport Road and El Camino Real 3.0 MGD Peak @ Encina •Capacity of Poinsettia Lift Station - 2.45 MGD Peak • Peak flow at Encina in Buena and Vallecitos Interceptor - 7.72 MGD RECEIVED AUG 2 5 2000 LADWIG DESIGN GR ^RO. 3 40 5 -21 03 -R wmir.u..itatjjn .-aniKiwg this contract AGHZHME3-T BETWE^J 2ZS BUZZvA GAN^vV~'rX:' ^rSTHIJ AND Cr3:Y 0? CARLSBAD FOR aix L2A.3Z 3^ C.-V..v:-.3SAD OF CAPACITY AN SB S-NC.'-IHA O^FAIi OF '<HH ^ySvA SAKC'IASlGix DISTRICT 'Ihis agreement3 made and entered Into this f\ /ft-t> x hs^JLs .. 3§£5j- by and bstwesn BOSHA. . .i-^-:TAri':ON DIS^RICT^ a county sanitation' district y formed and exut2r»g tinder the. County Sanitation District Act (Section 4700:, «t seq,, Health and, Safety Cede) hereinafter sometimes i'-i_^rrsd to as "Buena" and the City of Carlsbad 3 a municipal cc'_-;-oration sometimes hsreinaftsr ref erred teas "Carlsbad", w x o? K s s -S..E T.HS- - STAffEKESH: OF PURPOSE 1, She -City of Carlscad and the Vista Sanitation District haYi- entsrsd into an agreement for the construction ancl. owr.-cr- 3'riip of a Joint Sev;er System including a trsatm^nt plant and ooi-.m outfall^ said agreerasnt being entitled "Basic Agrssment 3 ..»••:: v7«sen Vista Sanitation District and the City of Carlsbad :••:.;.• th.-.- Acquisition and Construction of a Joint Sower System11,, .:.;.. -.id July 13a 1961 ». which bears County- of San .Diego Contract . ; lo58-2129S0 ^his agreement has been arasndsd and suppls- i:isr-'ieci by several agreements Including th3 a;p:-^^;usnt entitl^i "Second Supplttiaenxj^to Basic /igrs-sir.ent Batwsen "Jista Sani1is.'.;lcn and the City of Carlsbad for the Acquisition and / • \ 'loa of. the Joint Se:;ar Systsiu", datscl January o3 1904., by tfhlch Buana became a party to said Basic Agreement,, said Basic Asrssment; as. so assndsd and supplemented bsing herein- aftar somstimes referred to aa "Basic Agrsemant ! AU6 2 5 2G33. . LADWIfi nF5!RN RR i !{ "tCEIVtu o• *• • c f:. Pursuant to Section 6 of chs S-scond Suyrrl-i'Ti-rz; o',o she "Basic Agreement11., Buena agr<~ad to sell to Carlsbad ca^ciuy In the Buena Sewer designed to sarva the population in ''Ar^a A" and "Area 3" as delineated on Exhibit 2- attached to said'agreemento Eie portion of n.iid 3u=na Sewer,, d^sig- vifi'cad Siciha Outfall Sewer1 on said Vidilbit s, is dssign-ad to hava a capacity to serve Area A anc'.' Ai'ea 3 in addition to a population of 39*000 persons In the Bucna Service Arsa« 3U In accordance with tlie te'cina -anc. ;orovi3icns of said S-3'c'Sio'a 63 Carlsbad desiros to le:.:.se caps^lty in said Shcina Outfall Seavsr. (hsrsinaft«r referred to as 3nclna Outfall) and Buena desires to lease su>jJr oapae.Viy to Carlsbad aa hersinaf set forth„ NOvJ THEREFORE^ the Dirties ho:etc agi-ie as follows; <r\,^f,t.s «... •; Vi"irn7"H'-'tM1Tri/;:' TI V-T'T'1 :-:;v-£ .-'- ^,— .Jia^»«,_^ «a>>ciTT-' -w^v—>^^s-^ u».OjTL j. c .£it-iljCiv».i*. Vji jAf.J.^9 <-i;^-.«.v- ti.-.;. J«iuSH£* Si2a^JL. o<iiCvrr effect -JUN. 2 0-1986 Section 2. LS^SS 01" CP.:.-.lC.*0;'f, Bu^ns r^gr^ss to lease to Garlscad'the following •llaisA ^arcenta( r;es of capacity in the 2ncina Outfalls • \ . o.-i'a Station to Station* * CO * 81,43 -? 36.43 28018 -> 42o43 *57.43-i>c * 93.29 204*08,65 42 + 37 20 * 81',43 33 * 36,43 42 * 28,16 67 * 42,43 87 * 57.43 190 * 93,29204 * 08,65 209 * 56894 •::.:£•» •=? o 2^6 2,2 2,2 '' ,^.&• t ^ :U3 1,2 1,2 Cape.;: 34,3,., ....._;.•'-•- . . PR oilO .-• L. 28ri:: O".' '7 -18 ;& 17c6; 17.6S .* ... * /* — un ' .- . -— 1-.t'./ • >'JilC--iili3 3 $ 48,625 14 ,280 10 { 070 20^ 900 ? .11 7"?^y -•«!-^ ; ^-^ 45,950 > 5,630 5 2?410 •Total $159*600 •-- 5 cations as shown on hereinafter mentionod plans,iK> 'Million gallons par da;/3 S-aid Enclna Outfall is the outfall sawar line shown en those certain plans entitled "Plans -for tha P t-hroush 7 Inclusive" on f.tls in the office of tha Department of 'Special District Services of the. County of San Diego, 5555 Overland Avenue, Building 2 , San Diego, California,, r a copy of which has been furnished to Carlsbad 0* * Section 3_. SSHMS OF LSAS2 !„ Buena shall lease to Carlsbad for a period ccs- znencing on or. before July 1, 1966, and ending on or before July 1, 1996., the percentages of capacity listed in Section 2 herein, said lease to be upon tha following tsras and conditions: (a) The total rental sum shall ba $159^600 payable as follows; 30 equal annual payments of •$5,320 each,, beginning July.l, 1966, and •''/' • \ ' . ' • payable each July 1 thereafter until fully paid. (b) Options ars hereby granted by Buena to Carlsbad to purchase the capacity which is the subject of this lease. These options are granted and shall ba exarcisable provided lessee is not in default, at the time lasses exercises the opcion to purchase, at least cr.-a- month prior to tha expiration of each year of the term of the lease0 uTna purchase price shall be the sun of'$15956GO less the amount of rental already paid to Euena c • * •under the terms of this agreement, / 2. Carlsbad3is exercise of this option to purchase shall be by one month's prior notice thereof., in writing, .sent by registered or certified mail to Euana., and shall be effected'by delivering into Buena's 'hands, Carlsbad 3s ch-ack in tha full ancunt o:? said purchase price together wj.-ili any rental payment due at the time of the exercise cf said option, at which time titla to said capacity shall vast in Carlsbad^ it being understood that until such tina as Carlsbad exercises its option tit}.e to the capacity •> •rthicl'. is the subject of this agreement will reirain in Buena..,. 3, Carlsbad shall not lose its last right to exercise i said option although Carlsbad may not have given timely notice of its exercise, unless Carlsbad shall fail to sxer-jise the same within ten (10) days after receipt of' written notice fron Buena to do so and to niaka prompt payinent Section 40 CAPACI^f ~ AVEPAGE PLOW, Sha average flo',-; of s<3T.-7age from Carlsbad discharged through any portion of the "^icina^Outfall shall not exceed, (the amounts of capacity stated in terms of MGD for sue a portion as shovm in Section 2 a-3 tha capacity being purchased by Carlsbad,, "Average flow" ..shall mean the.discharge of sewage expressed at a rate of flow in million gallons a day (3ED) and shall be computed -. by dividing the total gallons discharged during the fiscal .jL, i'ear (July 1 to June 30) by tlia number of days within, said year: Section 5. CONVECTIONS, Carlsbad,, at its sole expense, shai.X construct, install, zaaintain, repair, replace and/or /'_ •recoi-struct any necessary transmission facilities from the Carlsbad Service Area to the 2ncina Cirif aip. and the connec- tions of such transmission facilities to the Sncina Outfall together with any necessary appurtenances, Section S0 EHGBSEER'S APPROVAL. She location, instal- lateen,, construction, repair (except emergency repairs) r-splaceaent and/or reconstruction of the connections to the Zncnia Cut fall, shall .be .according to plans and specifications •f Irs « approved by Buana•s engineer, Section 7. AREAS TO BE SZR"7ED0 The capacity in the I.;j_v:a Cutfall to be acquired by Carlsbad under the terms of .'-.-.is agrsemsnt shall be ussd by Carlsbad .only to serva that area which is -within the Carlsbad Service Area, as de:; v^nated on Exhibit E of tha Second Supplarrtsht to the Basis Agreement, provided, however, that t-erritory outside i-ac'l". arsas as above described aay be served by Carlsbad .or. .1 tesrporary basis with the written consent of 3uena3s o-7.;2ineer., which written consent shall specify such territory an:: the duration of such temporary service, '/ ' Section-8. LIMITATIONS OH TYP3 ASD COHD2SIOH OP SSTSTAGS. • '".'/ ' V. AO X All sewage discharged by Carlsbad into Sncina Out -fall shall conform to the ordinances, resolutions, i-ul^s and regulations which .Suena. aust adopt -in- accordance • with Section 2? of the EasiC;-£greeaent concerning the .... . .: -1™* •- . . •''condition of sewage and-waste'permitted.to be discharged the discharge io such sewers any sewage waste -which would be detrimental to the Joint System, or any part thereof. 3. Carlsbad shs.ll ncV allow excessive infiltration or L.I.V surface or storm waters', to be discharged into imy sewer s^y-em 'or- facilities served by the Sncir.a Outfall,. Carlsbad /* sr. ^11 not allow cooling waters or other unpolluted industrial waste to be discharged • into such sewer system or facilities- :••;:. :hout the written consent of Euena thereto, Section9* METERING.. //hen it becomes necessary to-. •r.i '';,er the flow of sewage and upon demand by Buena after a show- ir..z' of such necessity; or in the event that Carlsbad ~£ dis- 2i..;isfi2d v/itri the cost of maintenance and operation 01' the Er.-ana Cutfail being charged to Carlsbad: and in any evintj --she pi-ior otatsd conditions notwithstanding., at a time prior to the' £.-;•..-;iration of fii.ve Drears from the date of this agrssn-enc, C;....ls-:-^c^ shall-, at its sols-expense, install a meter £.t a LO- c-iL-ion within the Sneina Treatment Plant aits specified by iuena ;..._ suoh meter shall be of a typa and'irrS-talled in a manner . . e.;j;:, roved by Buena's engineer so as to measure the entire flov - of ssvz&ge from the Sneina Cutfall into the Encina Tr3a-;nien-;: Planto Buena shall, at no e.cpsr.ss to Carlsir.c.., install 01- c ,.se to be installed such r.aters as may be necessary -co l-.:^t:.-.-iz- •;, „ sev;a;gs discharged into t-.LS Encina Ottfall by Buena or any* party authorized by B'l-sna v;o discharge se?;£32 ir.--:o -::.:..:> - a Cut fall. The meters ^hall ba operated and tnain-.:air.-;-1 -• -n good working condition Tor the duration of this a^.-^ir ---.-j;5 ^nd-Bu«na shall render- reports of the metersd flow to Carlsbad^ quarterlyV~"The-";ccat o£~ operating saic maters.-shall be considered a part of the cost of maintenance* and operation Section 10. INi«-ILG?Fj\TION, It Is understood and agraad -;h:r: r.liere will be inflow o.f water into the Encina Outfall be- 02.U.SS of leakage between the Carlsbad connection and the Encina * Trec-tr^nt Plant. Buena shall estimate the £ctal waters that infiltrate the Encina Outfall between said connection and treat- ment; plant (sometimes referred to herein as "infiltration") and apportion the same among all of such users of the Encina Outfall ir. iliu- proportion that the'amount, of sewage discharged into th-3 Z.-ciiii. Outfall by each such user bears to the total amount of seu2,g'2 discharged into the Encina Outfall by all of such users of said outfall. The amount of infiltration apportioned to each such user shall be daerr.ed a part of the sewage of such user for all purposes* S.ctlon 11. MAINTENANCE CKAEG2* >) During such -period as Carlsbad is- authorised to use a _:;.-.• .:io:; of the capacity of the Encina Outfall/whether as lesss-i or ov.. .:r of such capacity, Carlsbad shall pay to Buena a share of the CC.VS of the maintrenance and operation of ;:he Encina Outfall3 sal.-; :.nare of the cost to be in proportion to the average flov; of s../.^y. discharsed into the Encin.-/. Ou^rall through Carlsbad'-s cor;- • •':.,!3ns to ^aid outfall as oo;;vpa.red to the c::tal average flow.of ^ .^ewage discharged into said 5no''..m Our,fall, ....} 5uana shall bill CarXsbadv fcxr its .jr.are of the ccst from •ci.r...-. -..o time, but at least annually/•z.-.ia Car I r bad shall pay its share uf tn<2 cost to Buena T.vi:hi;\ th.-i.-v;y (30) days after being so billed, ' ' . ..-.-. ":•} • Buena shall keap a-2ciur:..f.o r-s-jords o? its cost of iriS.i.'i '. /..ni-'''2-', sine op-i_72.'cing '^--*- ^I'loins. ..V.W.-'E.IJ. "!.r.c ouoh sl-il— "33 open to inspection by .7 -iris bad at all :;si;.onabie times,, Action 12, CHAHG3 AGASSI CA?:lCIT:r JCGr-o/S HI ZNCINA TREAT - I-12&T PIMT AND GCSaN OUTFALL, All sswagc discharged into the * ... 3noir~ Outfall through Carlsbad ' s connection, unde:^ the tcirms of/ •i^ils £.:;Teement and thereafter dis charged into the Sncina Trsat- :r.3:ri riant a and all infiltration allocable to Carlabad as deter- mined oy Saction 10 of this agreement;., shall be charged ag^inst Carlsbad's capacity rights in and to ths Encina Treatment Plant and Ocv;an Outfall as such rights have been determined by that cGr-ain agreemant betvjsen the City of Carlsbad and Vista Sanita- f,:L or. District, entitled "Basic Agreement Between Yista Sanitation ."/.:. •* -cr-j.it and the City of Carlsbad for the Acquisition and Con- struction of a Joint SsiJer System" dated July j.3, 195la together with all assnd:r.ents and supplements thereto^ including ^he Second Suppj.£:;::ent to Basic Agreeaent B-iween Vista Sanitation .Distrlci; a:"-* t>-. City of Carlsbad for the Acqu3.sir.ion. anci Construction of ^:-.^ .. .; ..:it Sev/er System^ dat?.d January 5., ' :.95^:, und shall ce charged to C£.r_3ba.d for the purpose of c-.z-nipirslrg the proportionate shares -;.; tlr.T; parties to the Basic igreoraent in the cost of maintaining.f "" j.r.d ';•} crating the Sncina Tr^a'inent Plant and Ocean Outfall. .•••ration 13 « TSAKSPSH 0? 'IZ-xHITCKY, Tf » because of annexa-' ::-lc.i:;, transfers, consolidation or other causa, any territory wlth- i.. •.:.••; T-arlsbad Service Area and served by ths Sncina Outfall is // trans .:';:rrec to another juriEdictionj, Carlsbad shall remain re- i'ponsiole c.nd be chargad for ths .sewage and infiltrated waters from 3r.cl: :..^:^riwory discharged into the Encina Outfall" a3 provided in ih:;.;> •ijr-ser.arit until 'the parti-::"- h-3-?ct'? v^is-r.^te an .appropriate •i.... 3n;i;-::.3nt to this asrsscsnt tr^sferriiij suoh responsibility and •;.:•*:.-' oViigation to tuaka paymaat;:; pursuant to :his a^.reeniant to such. ' / other jurisdiction » ' . • ' o Section 14. REPAIRS, The 3nclna Outfja.ll Sev/er shall be . maintained by Buena in. good repair and marking order in accordance ••..'ith oound engineering practices, It shall be the duty of Buena to males repairs on said Eneina Outfall I'equired to. ksap such cut- fall _3Vfer in good opsj?atin3. condition, Sccspt as provided in Section 15o th-3 cost of all repairs shall be part of the mainte- nance costs of the Zncina Outrall:. Section 15. MtUQE ESPAISIS A2a.?]2C0^3TK:jaTj:OV AND REPLACE- -:.-:•.:. ITotv;ithstanains the prcri.sicns of Ssc'iiorx 14 harsof ^ if it . : -c;r.- 3 r.acessarjr for Buena to ^i^dertalca ma.jor repairs of said :.,c:i,--;. Ovi'ifali or any portion feersof or to replace, or rsoonstruct 3 aid Enci:ia Outfall or any portion thereof, the parties herato shall pay all coats of such iiis-.,1 -.'--r rapairs or -2?3plao-er.snt cr rs- con3t"-uction in the sana proportion a;> the parties ov;n or lease ca.^v.-:LGy in the Eneina. Outfall cr portion thsreof repaired^ r^- Section 16. IKTSRHUrTIGJ/ C5? .SSF^rcCS. In ths -^vent of an. Intsrruption of ssr-^c-s to -Oai'ls^ad oy the S'r.cir.i. 3utfall sa^.rr;^ . as a '".isult of disaste^j, cps:r£.tion of Stats or IPeSaral la-vij cis- ccn-;\..:ia;.ca^or interruption of j;2rYica to S;i5na by the Encina "-••-•£. V2n- Plant or Ocsan Ouifc.1"^ or an;r ottisr caus-2 beyond the ::ay;-:.l of Bu^na^ Buena shall "^.-ar no liability and shall 03 held "r..3--; -ind ^arraless "by Carlsb~,d from s.rrr claims and liabilities for anyir>-;ur" to cr ciaaage to any ;c-=rscT. or -srnons or property .pr. • for •:.'•-•: c^=-th of ariy person or persons arlol.VL .Cro:vi or out of ouch int^rvptior!. of. service ~r- for c.v';3' o~;l" vr dair^r r3 01^ cost-s incurred by 3u<;'."..a as a result of such interruption of service, -•••ration 17, ARBITRATION. Except as-otherwise provided here- in V'-l controversies arising out of the interpretation or applica- tion of this agreement or the refusal.of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where- not provided .:.by th^a- section,, in accordance with >he statutory provisions' of .the;,;:•-••: State of California then in force, Tha controversy shall lie sub-'' •mittecr to a board of three (3) arbitrators which shall be appointed, one by Buena., one by Carlsbad and the third by the first two,, The party desiring arbitration shall notify the other party by a •.Bitten notice stating the following? (1) that it desires arbi- rration, (2) the controversy to be arbitrated. (3) that it has .•.>point.3d its nominees5 and (4). that it requests the other party -.c ap-^int its nominee„ Within thirty (30) clays from the receipt .:f cai-". notice the ether party shall appoint its noininee., Vfithin .'l_"t;2en (15) clays after fehe last party has appointed its nominee •:.-ie two nominees shall appoint the third, None of the arbitrators- shall ce a resident of ^ or taxpayer in.r or oivn .property inr or • have :-. place of business in^ or be employed in or by, or hava ar.y contr-aot withj or be an officer or .employee of 3 either party,, -Z.e ?.r-blt-."•-.tion board shall hold at._ least one hearing ands. at Isast • . :3n (10j days before said hearing, shall give each party written r.stic.•> thereof o The- arbitration shall be restricted to matters rel- a.-iiva ^o that stated in the notice requesting arbitration. The. arbitration board shall have no authority to add to-or subtract • fi'c'c-. •;:'•.'-S agreement-. Sach part- she..'..! be given -in. spportv-r-ity to be r.3-.'."'cl and to present evidence, Upon conclusion, of she hearing or Iv:.-.:. -.-ings the arbitration boairc shall r'eduo.e their findings of /' Tier;- :.; one lus ions of law and the award to writing; aad Shall si^n •the 5£.;,.e and deliver one signed cop;/ thereof to each public agency. Such .:•:.. £rc shall be final and binding upon bc^h parties, A 1:15.0ority finc-n,'j; shall govern if the arbitrators;I determination is not unan- imous. Each party shall pay its own expenses.., including the expenses of the arbitrator which it r.orainatas. . The expanses of the third/' arbii;r-.-.''nor .and tha administrative costs of tha arbitration •proceed- ings 3-::,',ll be -shared equally. Ar.7 controversy wliich can be deteminecl. by an engineer's find- i.ar.3 and which under this section could be submitted to arbitration 7.,13-j, 'if the parties thereto agree in writing to do so- be submitted to a ir-..".?d engineer who shall be the sole arbitrator,, • S-.r.sli engineer shall bs a member of the American Society of Civil ^"Sineers and shall be disinterested as hereinbefore in this secti?/'v. required of arbitrators on an arbitration board „ He slis.ll •proceed in the SSEI^S icauner and shall nva&a "?l~,di.ngs - conclusions ar.d an award in the manner provided heroin for s.n arbitration board» £r;ctioii 18. 'NbnC3S. Notices req.iilrsd c? psnnitted unasr -.liis asrc^r-^'-t shall bs sufx'iciantl.y given if in .-tfr-iting and if -sither ^ . • •e -:rved -personally upon or inailad by registers:! or cerr-ified niail :., tr.e .;.lerV: or secretary of tho .£;oye:n:ir;s bc5.^ of the affected .^ "A - ' • vf^r-ty •:. ; this agreement* . ' £^ ..Sior. 19. LIABILITY iTo-:.iing hsrsin ::iitainsd shall cpsrate uo relieve Carlsbad of any ii.=b.il:V!:y ::V»r 'Ciaie.i;:3 to persons or prc;;.vr~y arising from or out of the installation;, construction;, oc.--."j.'cioiij' rnalntenance^ repair,, repl.e^smsnt and/or reconstruction of T.':..- aforesaid sewer connections ana appurtenances cr room any " -v^* -i <" •" /"*i~-** ~t ^**>d ,*"*"£"* *% f^7~* {**'?* »"**>T*T c*"*'*\*^ r^ /*>•*•'» /> **% *t C-c* •** '-•"1>•.*~' /^.^ vie; 'I •~*-2i*-^'f"" *^ '*\"*^^O ^/-L»—-- >JJ»- J-iiclv^, W-Lwtj. Wj. Oc*,J. -L«j -J^ti.* V— w* -:. oo *«^ .'. .wW"S>. O ^ ci^j^-iOC- ^?J. * snplov^e^ in connection therewith. • /• ;-.iid s.xcept as provided In Ssction lo iit;-i;hlng herein contained shall operate to relieve Busns. of any liability for daiTiagas to -^persons or property arising from or cut or the installation,, con- '. •'*•"••"'•'. '••*..-.. . ' ••.-..' '.'.•"" • • • - • .' ' "•'.' ^'struorcion,' operation^ maintenancsj repair., replacement and/^r • reoorLstruction oi* the aforesaid s^wer connactioiis and apporte- r_2.n.ca3 or frctn ary action or inaction of Euesa or of its officers, agent,-; or araployees in connection thsrswitho :,ecv:ion 20, IlESSSIviY - IN3UHAKCS, To the extent it- vnaj"* ^r^ -------^- - lesall:/ do so^ Carlsbad shall defend and save and nold free ana rzamless Busna and its agents., oxTicsrs acid --ir-plcyees from anv olains:. liabilities., penalties or finss :?or injury to .or dc.raa^e - •;;o any person or property ox- for the death cf any person arising .-.'roiii or cut cf any act or omission of varlF-bad, its agents. o-Trico-rs, employees or contractors, arising from or out of an^.- csfects in the installation, construction., operation-, maintenancar repairs fepiacament and/or reconstruction of said s^wer connect^cr.- and/cr- appurtenances» P'orsuant thereto Carlsbad saall take cut, ''/''. anc -.aintain public liability insurance vrlth an • insurance carrier- :.'..l:ho.;i2ed to do business ir» the State of California to orotact •V ^gainer, loss fron liabilit-y iaipoosd -by law for dani'Ages en a-ccc-^rc • ' . ' 'of bodily injury^ including death resultins therefrom suffered :r " allege i' to be s-affersd by any person or parsons whatsoever result-. irg directly or indirectly from iny act or activities of Carlsbad c./ :.. p^'i'on ^cc?"S ^or Carlsbad or . \md.z:c '.rarlLsb-.-a •£ oc-dtrol cr .; "',O;~._; .?.nc S.J.SO CO ."prGVSCv i?-3Sii~ £ \i S.ny LOSS fj?Q'iu J J.£.bll;l'i!-y n:.:^^;: by lav; for dams.£c-:E. to a.-.y property of any person caused o.ir-3-;-: ".y or indirectly by or i'z-oa acts or activities o£ Carlsbad/ ' • cr j ...-. .,- person acting for Carlsbad or unc-=r Osiris bad's control or di-.-'ec~:iona Such public liability and prop^:"-;;^ carnage insurance shall be saint ained In full fcrcs and effect dttring the entire tarn cf this •. lease in : the . 'anib-unt s ; of :': not lass than V$5CO,OCO for ^ ,\ one • pars on injured In one accident and not less than $1, 000,000V-" • for more than, one person injured in one accident and In th-a amount . . v ••--•: not less than $250.000 with respect; tc any property damage .LiOrssaid. Said Insurance shall be in form satisfactory to the Comity Counsel of San Diego County. The insuranca policies shall '.---" '• :. non-cancellation-v.'Ithout-ten {10)-cay-notice-to-Buena clause and shall provide that copies of all cancellation notices 11 be sent to 5uena«. If Carlsbad -cioss not.izeep such insurance- ,.". force and effect- Buena ;uay iaka o--i"; z'2.2 tiecessary in- 5urar.c-2 cuid pay the premium., anc such amounr.s. so paid by Buena shall, oee'dne a caTarge against' Carlsbad 0 £ .action' 21. TIME) CP ESSENCE. Time is of the essence of. S?C5lon 22, SST^HASILiirY » If any section^ subsecticn^ o-.-::- t.'-ncs, clause^ phrase or were of 'this, agreement, oz* tha appliea- ,-/• ' . ' \ - ' ' - .-...'. • •• aofp tc any party, or ^o any otiisr person or circumsta:ic3 fr''1) •' -' lo ;.": any reason held invalid- It sh^.7.1 be deemed severable and the validity or the remainder ci' thc-r agreement -or- the-application- cf .;-;...; -. provision to t-hs other parties cr- to any other persons or • clr---. :st^nee shall not ba affseted thereby, . Each party hereby d;,....,;.,."es that it would havs entered into this agreement and each .:•=••>. ...-na subsection, sentence3 clause, phrase and work thereof ir-•/ r-ii;-..,. ./Give of tha fact-that one or more sections 3 subjections^ .sbivcj-r.iees, clausesj phrases or words,, or the application thereof to ati/ party or any other person or circumstance be held invalid, • Section 23. USE OF ENCIFiA OUTFALL SZ' OTHERS. Nothing in . ' "• this agreeiaent shall.;prevent.Buena from leasing or permitting the ;;, ;•• ; ••-..' • .• :;.' 'V-: :^'S^|^^g§?^'.-/: : " ':'.'^"'' •• " '• -r'. " '":":^ ' :^^/:''^''-::-'i^ ;;^:S •;•'-•'•'.'. ""uis« c.? excess capacityiinvihe Zncinav Outfall. by any other person^S^;. or- public agency upon such terms and. conditions as Buana raay. spec -:": v v' ify.Tir-ovicad' that Euena shall not impair the rights of Carlsbad^ . -ir.der the terms of this...agreement*.;. ..'•''••" Section 24. Tha provisions of the Basic Agreement and all" 5upplame;;ts and amendments thereto shall also apply to this agree- ;.:er.u between Carlsbad and Buena insofar as applicable and not in- cor.j^stent with the provisions of this agreement, 33c-'"lon 25» This agresmsnt shall be binding upon the parties .-.ers'-.o and tha successors ana assigns of each of them. IN Wl'lNSSS WHEREOF., each party hereto has pursuant to rsso- iution duly passed and. adopted by its respective governing bcey .caiisad this agreement to be executed the date first abova written. APPROVTO BY THE '; • BiSQUQf BQACO> OF DIRECTORS DI3EOTS3 ; BOESA SAHITATIQJl DISTRICT By j3t|a:fia or Di li «