To the members of the:
CITY COUNCIL
Date q/.,..ei/~CA ✓ CC ~
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September 29, 2022
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Geoff Patnoe, Assistant City Manager @J Via:
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Carlsbad
Memo ID #2022105
Re: Application for Detachment From Leucadia Wastewater District (Districts 3 & 4) This memorandum provides information related to a Local Agency Formation Commission (LAFCO) detachment application that the Utilities Department is currently developing in partnership with Leucadia Wastewater District (Leucadia) to correct service area incongruencies for wastewater collection .
. Background
Leucadia's service area borders the city boundaries but also includes a few properties within the city limits. As development in parts of the c_ity has occurred, the city has provided wastewater collection services within the Leucadia service area. When development was proposed in these areas, it was more practical for the city to collect wastewater than Leucadia based on the city's nearby wastewater collection infrastructure. A recent example is the Poinsettia 61 development, which was completed last year.
Leucadia recently requested that staff c~mplete an application to LAFCO to detach from Leucadia's service area in certain locations that are currently served by the city. The purpose of changing the service area designation from Leucadia to Carlsbad is to include these areas in the city's service areas. Detachment of these three service areas would not present a service level change for customers.
Discussion
The city currently provides wastewater collection services to three areas that are in the Leucadia service area. As shown in Attachment A, the three noncontiguous areas are:
• A narrow coastal portion north of Leucadia's main service area, starting north of Batiquitos Lagoon and extending beyond Poinsettia Lane about 0.8 miles (Carlsbad State Beach)
• New development on Poinsettia Lane associated with the Poinsettia 61 development • Along Black Skimmer Drive, south of Poinsettia Lane and west of El Camino Real Public Works Branch
Utilities Department
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t
Council Memo -Application for Detachment From Leucadia Wastewater District (Districts 3 & 4) September 29, 2022
Leucadia requested that the city file a detachment application to LAFCO to avoid a potential situation in which a resident in one of these three Carlsbad-served areas would wish to run for a seat on the Leucadia Board of Directors but would find themselves as a city wastewater customer.
Detachment costs include a LAFCO processing fee, a fee to the State Board of Equalization and city consultant fees for development of maps and metes-and-bounds descriptions of the subject areas. A 2021 cost estimate for detaching the Poinsettia 61 service area totaled approximately $21,000. Normally, a developer would be responsible for the cost of this detachment; however, when the Poinsettia 61 development project received discretionary permit approval, the project was not conditioned to complete the LAFCO process to detach from Leucadia and annex into the city's wastewater service area .
LAFCO Process
The general procedure to detach the wastewater service areas from Leucadia is summarized as follows:
1) Complete the Change of Organization or Reorganization Application and obtain Leucadia's concurrence
2) Initiate the detachment process with LAFCO:
a) Option 1-Petition signed by 25% ofregistered voters within the detachment area b) Option 2-Certified resolution of application from the City of Carlsbad, which requires City Council action
3) Prepare a metes-and-bounds legal description of the proposed territory perimeter, reproducible parcel/plat map and a vicinity map .
4) Prepare a Notice of Exemption (Categorical Exemption per CEQA Section 15320-Changes in Organization of Local Agencies), to be filed by the city with the County Clerk 5) Pay the LAFCO processing fee
6) Noticed hearing on the application
7) LAFCO issuance of order either approving or disapproving the application a) LAFCO may require an election to be held confirming an order for the detachment Next Steps
Currently, staff are reviewing quotes from two vendors with existing master agreements for assistance with the maps and metes-and-bounds descriptions. Staff will revise the estimated costs and develop a draft application for review by Leucadia and LAFCO, which will subsequently be presented to the City Council for approval.
Upon LAFCO concurrence, and if approved by the City Council, staff will complete the task order for mapping and initiate preparation of the Notice of Exemption. Staff expect the annexation process to be complete within one year.
Attachment: A. Leucadia Detachment Map
Council Memo -Application for Detachment From Leucadia Wastewater District (Districts 3 & 4) September 29, 2022
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services Robby Contreras, Assistant City Attorney
Jeff Murphy, Community Development Director
Vicki Quiram, Utilities Director
David Padilla, Utilities Engineering Manager
Jesse Castaneda, Utilities Superintendent
Shoshana Aguilar, Senior Management Analyst
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