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.
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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 :
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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.
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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 .
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,
(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 :
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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
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1 AGREEMENT NO.
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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
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agency to the other. Points of connection between l3 I/ I/ agencies where any commercial or industrial activity i
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! 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
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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
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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
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substantially increased flow from one agency
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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
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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
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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.
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