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HomeMy WebLinkAbout1980-03-04; City Council; Resolution 6103RESOLUTION NO. 6103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE THIRTEENTH SUPPLEMENT TO THE BASIC AGREEMENT AUTHORIZING TRADE OF LIMITED SEWER CAPACITY BETWEEN VISTA SANITATION DISTRICT AND CITY OF OCEANSIDE. WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District, Encinitas Sanitary District, are parties to a Joint Powers Agreement which provides for the operation and maintenance of a Joint Sewer System commonly known as the Encina Pollution Control Facility; and WHEREAS, the Vista Sanitation District and the City of Oceanside propose to enter into an agreement whereby limited and defined sewer capacities would be traded; and WHEREAS, the Basic Agreement to which all the aforesaid members of the Joint Powers are parties requires the consent of each member of said Joint Powers, as a condition precedent to the proposed agreement between Vista and the City of Oceanside; and WHEREAS, the Thirteenth Supplement to the Basic Agreement of the Joint Powers provides consent for the execution of the said proposed agreement between Vista Sanitation District and the City of Oceanside. WHEREAS, the capacity proposed to be traded by Vista Sanitation District and the City of Oceanside will be mutually beneficial to each such agency, and will not adversly affect the members of the Encina Joint Powers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD AS FOLLOWS: Section 1. That the Mayor of this City is hereby authorized to execute the Thirteenth Supplement to the Basic Agreement for the Encina Joint Sewer System. -1- PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 4th March , 1980, by the following vote, to wit: day of AYES: NOES: None ABSENT :None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler ATTEST : -2- , * THIRTEENTH SUPPLEMENT TO THE BASIC AGREEMENT APPROVING AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND CITY OF OCEANSIDE FOR TRADE OF SEWER CAPACITY Thi.s Agreement made and entered into as of this day of 1980, by, and between, the City of Carlsbad, a Municipal Corporation, (hereafter referred to as "CARLSBAD"), the Vista Sanitation District, a County Sanitation District, (hereafter referred to as "VISTA"), Buena Sanitation District, a County Sanitation District, (hereafter referred to as "BUENA"), San Marcos County Water District, a County Water District, (hereafter referred to as "SAN MARCOS"), Leucadia County Water District, a County Water District, (hereafter referred to as "LEUCADIA"), and Encinitas Sanitary District, a Sanitary Dis- trict, (hereafter referred to as "ENCINITAS"). RECITALS : A. The parties hereto are parties to a Basic Agreement for construction and operation of a Joint Sewer System, as amended, supplemented and modified, (hereafter referred to as "BASIC AGREEMENT"). B. The BASIC AGREEMENT in Section 4 thereof restricts service between drainage basins and service areas, and further provides in Section 13 thereof that no party to the BASIC AGREEMENT shall, in any way, grant, encumber, limit or restrict its interest in any part of said Joint System without the prior consent of the other parties to the BASIC AGREEMENT. C. VISTA and the CITY OF OCEANSIDE are desirous of entering into an agreement for sewer connection between said entities, subject to approval of the parties hereto. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by reference. -1- D. E. F. G. The agreement provides in material part for a defined and limited trade of sewer capacity on a unit by unit basis. The subject matter of said agreement between VISTA and the CITY GF OCEANSIDE has been submitted to, and approved, by the Joint Advisory Committee constituted by representatives of each party hereto. The proposed trade of sewer capacity between VISTA and the CITY OF OCEANSIDE is consistent with good engineering practices and will result in improved sewer service to the inhabitants of the areas to be served by the traded sewer capacity. This Thirteenth Supplement to the Basic Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California, (commencing with Section 6500 relating to the joint exercise of powers common to all public agencies). NOW, THEREFORE, the parties hereto agree as follows: Section 1. The proposed agreement between VISTA and the CITY OF OCEANSIDE for a trade of sewer capacity, a copy of which is attached to this supplement, is hereby approved. Section 2. VISTA, as soon as practical after execution of this agreement by all parties hereto, shall file in the office of the Encina Joint Powers, the following: (a) A copy of the final agreement between VISTA and the CITY OF OCEANSICE. (b) Maps or other documents showing the geo- graphical areas in VISTA and CITY OF OCEANSIDE served by the traded sewer capacity . -2- , (c) Documents showing the authorized land use within the areas of VISTA and the CITY OF OCEANSIDE served by the traded sewer capacity. Section 3. This agreement may be executed in counterparts, and upon execution thereof by all of the part:ies set forth on page 1 hereof, each such counter- part shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. APPROVED BY RESOLUTION No. - on VISTA SANITATION DISTRICT By : NO.- on BUENA SANITATION DISTRICT By : No .- on SAN MARCOS COUNTY WATER DISTRICT By : No.- on LEUCADIA COUNTY WATER DISTRICT By : No.- on ENCINITAS SANITARY DISTRICT By : -3- 15 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. . . . .. . . i .. . : -. . . . , . .. . ._ ._._ _.... __.. ... .. ._ &.... ,. ..,. :._._,. . . ' ~ ,.._..... -. ..... . AN AGREEMENT BETWEEN THE CITY OF OCEANSIDE AND TIONS BETNEEN AGENCIES. THE VISTA SANITATION DISTRICT FOR SEWER CONNEC- This AGREEMENT, made and entered into between the Vista Sanitation District, hereinafter called "VISTA" and the City of Oceanside, hereinafter called "OCEANSIDE," on the of 1979. day RECITALS WHEREAS, in order to minimize costs of sewage treatment and disposal Vista and Oceanside desire to trade flows from those areas hereinafter described, and WHEREAS, Oceanside owns and operates facilities for treatment and disposal of sewage, and WHEREAS, Vista is a member agency in the Encina Joint Sewerage System which owns and operates facilities for treatment and disposal of sewage, and WHEREAS, portions of Oceanside lie within the Buena Vista Basin, tributary to Vista's primary trunk sewer, and WHEREAS, portions of Vista lie within the Loma Alta and San Luis Rey basins, tributary to sewers within the City of Oceanside, NOW, THEREFORE, it is agreed between Oceanside and Vista as follows: 1. Oceanside and Vista agree to approve connections between their respective systems as convenient and consistent with good engineering practice. 2. The intent of this agreement is to trade capacity on a unit by unit basis; accordingly Oceanside and Vista further agree that the difference in . -1- . _.*. . ..r . ~ . . -I- .. . 1 AGREEMENT NO. .. .I ... ... -. .L. ::. ........ ...- ......... ......: -.1. ...._ .............. i ................. ........... .. 1 2 3 4 5 6 7 8 9 10 11 12 flows delivered from one agency to the other shall not exceed five thousand gallons per day (5,000 gpd) without amendment to this agreement. . 3. Wastewater delivered from one agency to another shall be essentially domestic in character. BOD5 shall not exceed 180 mg/l, TDS shall not exceed 1200 ppm, and SS shall not exceed 200 mg/l, Volatile organic compounds, abnormal concentrations of heavy metals, or other chemical constituents detrimental to wastewater treatment shall be- be permitted in any wastewater delivered from one p-7 agency to the other. Points of connection between l3 I/ I/ agencies where any commercial or industrial activity i 15 16 17 18 19 20 21 22 23 24 25 26 27 2a ! occurs upstream shall be sampled and tested quarterly for BOD, SS, TDS, Cd, Cr, Cu, Pb, Ni, and Zn. All other points of connection (where residential uses i ! I alone exist upstream) shall be sampled and tested 1 annually. The receiving owner may require such j additional testing as may be necessary to identify j I deterimental elements or compounds. 4. Sewage flows from single family residential units alone need not be measured until the total number, of such connected units exceeds 200. Flows from such units shall be computed at the rate of 230 gallons per unit per day. All other flows shall be measured. 5. Permits for connections which will result in -2- ..... .-- ......... ,.. ............... ,-. ............. .......... ..'>. .... .... .... .... .. .- .. .. .. .. .. ... .. .... .. .. .. 1 .. .. .. ... ......... ................ ... . ^..... ....:'.... '.> ...................... .. : ................. ..:: _..._. i substantially increased flow from one agency 8 9 to another shall not be issued until the receiving agency provides written consent. It shall be the applicants responsibility to provide said written consent to the agency responsible for issuing the permit for connection. 6. Each agency shall measure and report monthly flows. Differences in the flows delivered to each agency 10 11 12 13 1 ! 25 26 27 15 16 17 18 19 1 said connection shall be jointly approved by Vista and Oceanside. j; [I 8. The term of this agreement is indefinite. It may 1; shall be compensated annually by the agency with I the higher flows in accordance with the following ! formula: Difference in Total Annual Flow = Avg.Diff.in daily flow ' 365 Avg. Diff.> Daily Flow = Avg. EDU Difference 230 . i The average EDU difference shall be multiplied by the higher sewer service charge in effect in either agency, and the agency with the lowest flows shall i i 1 2 3 4 5 6 7 8 9 1c 11 li 12 14 If 1E 17 1E 1s 2c 21 22 22 24 2E 26 2: 21 .. . ... . . . .. . .. . -. . . . . . , . - _._ . . . . . . . , . . , . . . . - . . , , . . . . . .. .. .:. .,..__ ._.: . . ..... . ~ . . . ... .. . . . notice. The agreement shall become effective upon approval and signature by the Mayor of Oceanside and the Chairman of the Board of Directors of the Vista Sanitation District and the ratification of each member agency of the Encina Joint Sewerage Sys ten. -4- .. .