HomeMy WebLinkAbout2003-01-21; City Council; Resolution 2003-0210
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RESOLUTION NO. 2003-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TWO AGREEMENTS
TO ACCOMMODATE SEWAGE FLOWS FROM THE
PALOMAR FORUM AND CARLSBAD RACEWAY BUSINESS
PARKS, CT 98-1 0 AND CT 99-06.
WHEREAS, two prospective sewer sanitation customers of CARLSBAD, commonly known
as the Carlsbad Raceway (CT 98-10) and the Palomar Forum (CT 99-06) business parks, own
certain property within the City of Carlsbad, and desire to develop their property (“Project”); and
WHEREAS, Carlsbad cannot now efficiently provide sewer service to the area within which
the Project is located; and
WHEREAS, one of the conditions of approval for the final maps for the Project require the
developers to confirm interim sewer service to these sites. To satisfy this condition of approval, the
Buena Sanitation District, (“District”) located in Vista, has agreed to provide interim sewer service
to these sites until the South Agua Hedionda trunk-line is completed; and
WHEREAS, Government Code section 56133(e), (Cortese-Knox Reorganization Act of
1985), allows two public agencies to enter into an agreement to provide a public service outside
the jurisdictional boundaries of one of the public entities without first obtaining LAFCO approval
under certain conditions; and
WHEREAS, Carlsbad and District have, from time to time entered into sewage flow
agreements, whereby District agrees to allow a sewer sanitation customer of Carlsbad to
discharge sewage into the District’s sanitation collection system on the condition that Carlsbad
reimburse the District its reasonable costs for the use of its sewage collection syetem; and
WHEREAS, Carlsbad desires to have the Project temporarily connect to the District’s
sanitation collection system for approximately six years, until the South Agua Hedionda Interceptor
sewer line is completed in Carlsbad; and
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WHEREAS, the public service to be provided temporarily by District to the Project is an
alternate to or substitute for the public service that Carlsbad would normally provide to the area
within which the Project is located, consistent with Government Code section 561 33(e); and
WHEREAS, the City Council of the City of Carlsbad, California consider it necessary and in
the public interest to accept and approve the Agreement for Sewage Flows between the City of
Carlsbad and Buena Sanitation District, and the Reimbursement Agreement for Costs Related to
Sewage Flows from the Carlsbad Raceway and Palomar Forum to the Buena Sanitation District,
attached and submitted hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitals are true and correct.
2. That the Agreement for Sewage Flows between the City of Carlsbad and Buena
Sanitation District, and the Reimbursement Agreement for Costs Related to Sewage Flows from
the Carlsbad Raceway and Palomar Forum to the Buena Sanitation District, are hereby approved,
and the Mayor is authorized and directed to execute both agreements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City’Council
held on the 21st day of January ,2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
ATTEST:
OD, City Clerk
Page 2 of 2 of Resolution No. 2003-021
(SEAL)