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HomeMy WebLinkAbout1971-08-11; City Council; 509; Encina Water Pollution Control Facility agreementA HE CITY Or CARL-SDAD, C A L X F' O R ft I A Agenda Dill No. •Referred To: Date; August II. 1971 Subject: ' m Submitted By.- L'eucadia County Water District/Encinitas Sanitary City. Engineer District Participation in Encina Water PollutionControl Facility and Ocean Outfall Statement of the .'-fatter The owners of the Joint Sewer "System authorized "Leucadia County Water Dis- trict to.temporarily connect to the Joint System on July 7, 1970. The Council.was advised at that time that Leucadia County Water District would probably 'ask for a permanent connection. Leucadia County Water District and Encin'itas Sanitary District have requested the Joint Owners to allow them to utilize the plant and ocean outfall. .The attached agreement (Exhibit I) reflects the results of negotiations be- tween the two applicants and the Joint Advisory Committee, representing the Owners. It provides for the expansion of the plant by approximately 50% and for the extension of the ocean-outfall. . It "provides for the sale .of capacity rights to the applicants; they will'acquire no ownership rights. The applicants will buy", capacity rights in the existing facilities. This will result in a payment to Carlsbad of $27-1,525. The owners and appli- cants will then participate in a Phase II 'expansion on the_ basis of pro- portionate'capacity rights. It is expected that a Federal grant ranging from 50% - 80% can be obtained. -It is.estimated there will be no out of pocket cost to.Carlsbad for the work. . • The Joint Advisory Committee recommends that each Agency authorize the execution of -Exhibit (I) . •• EXHIBIT" (I) - Fi-fth Supplement to Basic Agreement to Provide for Participation by Leucadia . County Water District and Encinitas Sanitary District. STAFF RECOMMENDATIONS It is recommended that the Council: Adopt a motion authorizing the Mayor and City Clerk to execute the agreement attached as Exhibit (I) on behalf of the- City. AD NO.Date: August 17, 1971 City Manager's Recommendation Concur with Staff recommenda-tion Council Action 8-17-71= .Approval was given to the Fifth Supplement of the Basic Agreement in connection .wi th the Joint Sewer -System, to allow Leucadia County Water District and Encinitas Sanitary District to participate i n the- uti 1 i zation of the plant and ocean outfall, and the Mayor and Clerk were authorized 'to execute the agreement on behalf of the City. -2- > --*.- (Reference above in each communication regarding this contract) FIFTH SUPPLEMENT TO BASIC AGREEMENT TO PROVIDE FOR PARTICIPATION BY LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT . This FIFTH SUPPLEMENT TO BASIC AGREEMENT is made and entered into this / / ^a^ °^ (-^JM--~*yv>-^r / 1971, by and among: " VISTA SANITATION DISTRICT ("Vista"), a county sani- tation district whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad"), a municipal corpora- tion; BUENA SANITATION DISTRICT ("Buena"), a county sani- tation district whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water district; and ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary district. RECITALS (A) Vista, Carlsbad, Buena and San Marcos own and operate the Encina Water Pollution Control Facility and Ocean o Outfall (and related facilities) pursuant to the following Agreements: DATE TITLE July 13, 1961 March 25, 1963 January 6, 1964 January 6, 1964 September 14, 1964 March 8, 1965 March 22, 1965 BASIC AGREEMENT BETWEEN VISTA SANI- TATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CON- STRUCTION OF A JOINT SEWER SYSTEM FIRST SUPPLEMENT TO BASIC AGREEMENT, AUTHORIZING VISTA TO APPLY FOR FEDERAL GRANTS SECOND SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF THE JOINT SEWER SYSTEM SUPPLEMENTAL AGREEMENT (NO. 1) TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND CITY OF CARLSBAD FOR ACQUISITION AND CON- STRUCTION OF JOINT SYSTEM, FOR PURPOSE OF ALLOCATING FUNDS RECEIVED FROM FEDERAL GOVERNMENT FIRST AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM SECOND AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM THIRD SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM o 8. August 3, 1965 9. June 20, 1966 10. June 19, 1967 11. January 1, 1970 12. December 1, 1970 AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CARLSBAD, VISTA SANITATION DISTRICT AND BUENA SANITATION DISTRICT FOR THE OPERA- TION OF THE JOINT SYSTEM AGREEMENT BETWEEN BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR LEASE BY CARLSBAD OF CAPACITY IN THE ENCINA OUTFALL OF THE BUENA SANITATION DISTRICT, FOR LEASE BY BUENA TO CARLSBAD OF DESIGNATED CAPACITY IN THE ENCINA OUTFALL AGREEMENT BETWEEN BUENA SANITATION DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT FOR LEASE BY SAN MARCOS OF CAPACITY IN BUENA SANITATION DIS- TRICT'S ENCINA OUTFALL SEWER LINE FOURTH SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT, CITY OF CARLSBAD, BUENA SANITATION DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT RE CONSTRUCTION OF AN EN- LARGEMENT TO THE ENCINA WATER POLLU- TION CONTROL FACILITIES OF THE JOINT SYSTEM, AUTHORIZING VISTA TO APPLY FOR AND RECEIVE AND DISBURSE FEDERAL GRANT AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND VISTA, CARLSBAD, BUENA AND SAN MARCOS FOR LEGAL SERVICES PROVIDED TO ADMINISTRATOR (CARLSBAD) AND JOINT ADVISORY COMMITTEE -3- o (B) Leucadia and Encinitas desire to transport their sewage to the Encina Water Pollution Control Facility (Unit I) and dispose of it through Unit I and the Ocean Outfall (Unit J). In order to provide the capacity required by Leucadia and Encinitas, as well as to provide additional capacity required by the other parties, it will be necessary to enlarge Unit I and to extend Unit J. (C) The governing bodies of Vista, Carlsbad, Buena and San Marcos have determined that it is in their best inter- ests that Leucadia and Encinitas be permitted to participate in the Encina Water Pollution Control Facility and Ocean Outfall upon the terms and' conditions set forth herein. (D) This Fifth Supplement to 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 public agencies, in this case being Vista, Carlsbad, Buena, San Marcos, Leucadia, and Encinitas, each of which is authorized to contract with the others pursuant thereto, NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Leucadia and Encinitas Added. Leucadia and Encinitas shall become parties to the Agreements described in Recitals paragraphs (A) 1,3,5,6,7,8 and 12 and shall be bound thereby, subject to the terms and conditions hereinafter set -4- o forth. Section 2. Substitution of New Unit I and Unit J Schedules of Exhibit "C." There shall be substituted in the place of the Unit I and Unit J schedules of Exhibit "C" attached to the Agreements dated July 13, 1961, January 6, 1964, and March 22, 1965, new Unit I and Unit J schedules, copies of which are attached hereto as Exhibit "B" and made a part hereof. Section 3. Joint Project. The enlargement of Unit I and the extension of Unit J to provide the additional capacity required shall be a joint project by the parties to this Agree- ment. Vista is hereby appointed as the administrator of the joint project and is hereby authorized to prepare and file on behalf of the parties appropriate applications and other docu- ments for grants-in-aid of the joint project under state and federal laws and regulations. Section 4. Construction for Enlargement of Unit I and Extension of Unit J. (A) Vista shall include in the Project Report for the enlargement of Unit I and the extension of Unit J the alter- nates described herein. That is, the Project Report shall pro- vide for construction of the Unit I enlargement and the Unit J extension: (a) with Leucadia and Encinitas participating; and (alternatively), (b) without Encinitas participating. Leucadia and Encinitas shall advance to Vista the fees for engineering and related services required in connection with the preparation of the Project Report, as follows: -5- Unit I Unit J Leucadia 56% 67% Encinitas 44% 33% (B) Leucadia and Encinitas must hold successful bond elections or provide financing necessary for their participation in the Encina Water Pollution Control Facility and Ocean Outfall. The bond elections shall be held within four (4) months after notification that the Project Reports for Units I and J and the transmission facilities have been approved by the Division of Water Quality of the State Water Resources Control Board. When the bonds are approved in both elections, then Vista shall file the grant applications for the enlargement of Unit I and the extension of Unit J in coordination with the Leucadia-Encinitas grant application for transmission facilities. In the event the Project Report for the Leucadia-Encinitas transmission facilities/ Unit I enlargement, or the Unit J extension is not approved by the Division of Water Quality, then Leucadia, Encinitas, or the other parties may elect to terminate this Agreement. (C) After holding successful bond elections, Leucadia and Encinitas shall advance and deposit with Vista the design fee for preparation of plans and specifications necessary to file the grant applications for the Unit I enlargement and the Unit J exten- sion, as follows: Unit I Unit J Leucadia 56% 67% Encinitas 44% 33% -6- o Advertising for construction bids, opening of bids, and award of the construction contracts for the Unit I enlargement and the Unit J extension shall be coordinated with the Leucadia- Encinitas transmission facilities project to the end that constructions costs for all three projects will be known prior to the award of the construction contracts and the sale of bonds by Leucadia and Encinitas. Vista shall be the contracting agent of the parties for the construction of the Unit I enlarge- ment and the Unit J extension. In addition to their shares of construction costs, Leucadia and Encinitas shall advance con- struction progress payments for the Unit I enlargement and the Unit J extension-to the extent of the buy-in amounts due the other parties. Payments so advanced shall be offset against buy-in costs which shall be due to the other parties upon completion of construction of the joint project and connection of the transmission facilities thereto. The parties shall deposit with Vista their respective shares of the project cost prior to award of the construction contract. (D) In the event: (a) the low bids exceed the engineering estimate of the construction cost of the trans- mission facilities approved by Leucadia and Encinitas or will cause the cost of the Unit I enlargement or the Unit J extension to exceed the engineers' estimates that are approved by all parties; or, (b) the transmission facilities (excluding land and rights-of-way), the Unit I enlargement of the Unit J exten- sion fail to receive a grant offer of 50% or more; then Leucadia, Encinitas or the other parties may elect to: -7- o o (1) Provide additional funds to permit construction of the projects; or (2) Terminate this Agreement. If the Agreement is so terminated, the engineering fees advanced by Leucadia and Encinitas shall be forfeited unless the plans and specifications are used within five (5) years to build the facilities in which case the other parties shall repay to Leucadia and Encinitas an amount equal to the savings realized by the other parties, not to exceed the amount so advanced. (E) Federal and state grants-in-aid of construction shall be credited to all participating parties in the same pro- portion as their respective percentage contributions to the cost of construction of the applicable new facilities as set forth herein. (F) At such time as construction of the Unit I enlargement and the Unit J extension have been completed, any portion of the buy-in monies paid by Leucadia and Encinitas pursuant to this Agreement in excess of the amount required to pay the other parties' shares for constructing (including engineering design fees and inspection) the Unit I enlargement and the Unit J extension shall be held in trust' by Vista in a capital improvement fund to be used for future additions and improvements to the Encina Water Pollution Control Facility or Ocean Outfall for the benefit of all parties to this Agreement in proportion to their respective capacity rights at the time -8- o the money is so expended from said fund. (G) Encinijtas__may terminate its participation in this Agreement for any reason at any time prior to the time of its bond election. If Encinitas does so terminate, then -* the joint project and the applications for grants in connection therewith shall be modified to delete Enjcinitas, and the joint project shall proceed among Leucadia, Vista, Carlsbad, Buena and San Marcos. Should the Encinitas bond election fail to carry, then Leucadia may, at its option, proceed with the joint project among Leucadia, Vista, Carlsbad, Buena and San Marcos. Section 5. Participation by Leucadia and Encinitas. UNIT "I" Party Vista Carlsbad Buena San Marcos Leucadia Encinitas Unit I shall be enlarged from 6.75 MGD to 9.75 MGD. The capacity rights of each party in Unit I and each party's share of the cost of the enlargement shall be as follows: Existing Capacity Rights Share of Capacity Rights After Enlargement Increase Enlargement Costs 2.67 2.26 0.62 1.20 -0- -0- 6.75 MGD 3.05 2.43 0.62 1.40 1.25 1.00 9.75 MGD 0.38 0.17 -0- 0,20 1.25 1.00 3.00 MGD 12.67% 5.67% -0- 6.66% 41.67% 33.33% 100.00% o o Leucadia and Encinitas shall pay to the other parties the following amounts for the foregoing capacity rights in Unit I as it existed before its enlargement to 9.75 MGD: Party Receiving Payment To be Paid By Leucadia To be Paid By Encinitas Total Vista Carlsbad Buena San Marcos $ 69,125 58,625 16,100 31,150 $175,000 $ 55,300 46,900 12,880 24,920 $140,000 $124,425 105,525 29,980 56,070 $315,000 UNIT "J" Unit J shall be extended. The capacity rights of each party in Unit J and each party's share of the cost of the extension shall be as follows: Party Vista Carlsbad Buena San Marcos Leucadia Encinitas Existing Capacity Estimated Capacity Rights Estimated Rights MGD After Extension MGD 29.2% 2.34 16.67% 4.00 41.1% 3.28 28.66%. 6.88 13.0% 1.04 13.00% 3.12 16.7% 1.34 16.67% 4.00 -0- -0- 16.6.7% 4.00 -0- -Q- 8.33% 2.00 100.0% 8.00 MGD 100.00% 24.00 MGD Share of Extension Cost 16.67% 28.66% 13.00% 16.67% 16.67% 8.33% 100.00% Leucadia and Encinitas shall pay to the other parties the following amounts for the foregoing capacity rights in -10- Unit J as it existed before its extension: Party Party Receiving Payment 'To Be Paid By Leucadia To Be Paid By Encinitas Total Vista Carlsbad Buena San Marcos Section 6 . $112,000 111,000 -0- -0- $223,000 Participation $56,000 5.5,000 -0- -0- $111,000 by Leucadia. $168,000 166,000 -0- -0- $334,000 In the eve: Encinitas' participation in the Agreement is terminated as pro- vided above, then the joint project shall be modified in the manner hereinafter set forth and the joint project shall proceed among Leucadia, Vista, Carlsbad, Buena and San Marcos. UNIT "I" Unit I shall be enlarged from 6.75 MGD to 9.00 MOD. The capacity rights of each party in Unit I and each party's share of, the cost of the enlargement shall be as follows: Existing Capacity Rights Share of Capacity Rights After Enlargement Increase Enlargement Costs Vista Carlsbad Buena San Marcos Leucadia 2.67 2.26 0.62 1.20 -0- 6.75 MGD 3.12 2.56 0.62 1.45 1.25 9.00 MGD 0.45 0.30 -0- 0.25 1.25 2.25 MGD 20.00% 13.33% -0- 11.11% 55.56% 100.00% -11- Leucadia shall pay to the other parties the following amounts for the foregoing capacity rights in Unit I as it existed before the enlargement to 9.00 MGD: Party Receiving Payment Vista Carlsbad Buena San Marcos To Be Paid By Leucadia $ 75,100 63,600 17,500 33,800 $190,000 UNIT "J1 Unit J shall be extended. The capacity rights of each party in Unit J and each party's share.of the cost of the exten- sion shall be as follows: Party Vista Carlsbad Buena San Marcos Leucadia Existing Capacity Estimated Capacity Rights Estimated Rights MGDAfter Extension . MGD 29.2% 2.34 19.8% 4.75 41.1% 3.28 31.2% 7.50 13.0% 1.04 13.0% 3.12 16.7% 1.34 16.7% 4.00 -0- -0- 19.3% 4.63 100.0% 8.00 MGD 100.0% 24.00 MGD Share of Extension Cost 19.8% 31.2% 13.0% 16.7% 19.3% 100.0% Leucadia shall pay to the other parties the following amounts for the foregoing capacity right's in Unit J as it existed before its extension: -12- o Party To Be Paid Receiving Payment By Leucadia Vista $125,650 Carlsbad 132,350 Buena -Q- San Marcos -6- $258,000 Section 7. Plans, Specifications, Construction. The plans, specifications and contract documents for the Unit I enlargement and Unit J extension that Vista will cause to be prepared as administrator of the joint project shall be subject to the approval of the parties to this Agreement. Vista shall cause the construction work to be inspected and shall administer the construction contracts. Vista may approve individual change orders of $5,000 or less up to an aggregate of 10% of the construction contract without Joint Advisory Committee approval. All other change orders must be approved by the Joint Advisory Committee. No change orders shall be* approved Xinless adequate funds are available. Vista shall be the agent of the parties to this Agreement while acting as administrator of the joint project. Section 8. Maintenance and Operation. The Unit I enlargement and Unit J extension shall become part of the Encina Water Pollution Control Facility and Ocean Outfall and shall be operated and maintained as part thereof in accordance with the terms of the July 13, 1961, Basic Agreement. The cost -13- o of such administration, maintenance and operation (including overhead) shall be paid by the parties to this Agreement in accordance with Section 17.3 of the Basic Agreement. Leucadia and Encinitas shall pay, when due, their proportionate shares of the cost of all administration, maintenance and operation (including overhead) of Units I and J of the Encina Water Pollution Control Facility and Ocean Outfall in accordance with the provisions of Section 17.3 of the Basic Agreement. Section 9. Capacity Rights of Leucadia and Encinitas. Upon completion of the Unit I enlargement and Unit J extension and payment by Leucadia and Encinitas of the amounts provided in this Agreement, Leucadia and Encinitas shall thereupon have perpetual capacity rights to use Unit I and Unit J to the extent set forth in this Agreement. The interests of Leucadia and Encinitas under this Agreement .shall be limited to capacity rights. Leucadia and Encinitas shall not hold title to Units I and J. Leucadia and Encinitas shall not grant, encumber, limit or restrict their respective capacity rights nor seek to partition the same nor have any part thereof set apart in severalty nor use any part thereof for any purpose other than the disposal of sewage, without the prior consent of the other parties to this Agreement. Section 10. Joint Advisory Committee. Leucadia and Encinitas shall not be members of the Joint Advisory Commitee and shall not take part in the administration or operation of Units I and J. -14- o o Section 11. Areas To Be Served By Leucadia And Encinitas. No sewage outside the Leucadia and Encinitas service areas, as delineated on Exhibit "A" hereto, shall be discharged into Unit I unless approved by Vista, Carlsbad, Buena and San Marcos. Section 12. Effect of Fifth Supplement. The July 13, 1961, Basic Agreement shall continue in full force and effect as modified and supplemented by the other Agreements listed in Recitals paragraph (A) and by this Agreement. Section 13. Termination. Any party hereto may termi- nate this Agreement upon ninety (90) days written notice to the other parties if construction of the joint project'has not commenced by July 1, 1973. IN WITNESS WHEREOF, each party hereto has caused this Fifth Supplement to Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Dated: VISTA SANITATION DISTRICT -15- o Dated Dated: Dated Dated: Dated: ', J?'?/ CITY OF CARLSBAD By. Mayor ATTEST: _ ff?/~ APPROVED B^ THE DISTRICT BOARD OF DIRECTORS AUG171971^2^— City Clerk BUENA/S&NITATION DISTRICT Herk of the'Board of Directors SAN MARCOS COUNTY WATER DISTRICT By ^LEUCADIA COUNTY WATER DISTRICT President Secretary ENCINITAS SANITARY DISTRICT By President Sedr^rary CLERK OF THE DISTRICT 80A«D Of DIRECTOR -16- o UNIT I ENCINA WATER POLLUTION CONTROL FACILITY Capacity Rights After Enlargement, Including Leucadia and Encinitas Capacity Rights After Enlargement, Including Leucadia Design Capacity of Unit I in MGD , Vista Carlsbad Buena San Marcos Leucadia Encinitas 9 3 2 0 1 1 1 .75 MGD .05 .43 .62 .40 .25 .00 9.00 MGD 3.12 2.56 0.62 1.45 1.25 None Percent Capacity in Unit I Vista Carlsbad Buena San Marcos Leucadia Encinitas 31 25 6 14 12 10 100 .28% .92 .36 .36 .82 .26 .00% 34.67% 28.44 6.89 16.11 13.89 None 100.00% EXHIBIT "B", Page One o UNIT J OCEAN OUTFALL Capacity Rights After Enlargement, Including Leucadia and Encinitas Capacity Rights After Enlargement, Including Leucadia Estimated Design Capacity of Unit J in MGD Vista Carlsbad Buena . San Marcos Leucadia Encinitas 24. 4. 6. 3. 4. 4. 2. 00 MGD 00 88 12 00 00 00 24.00 MGD 4.75 7.50 3.12 4.00 4.63 None Percent Capacity in Unit J Vista Carlsbad Buena San Marcos Leucadia Encinitas 16. 28. 13. 16. 16. 8. 100. 67% 66 00 67 67 33 00% 19.80% 31.20 13.00 16.70 19.30 None 100.00% EXHIBIT "B", Page Two ' FtQl ' LEGEMe. S.CWD f x»s*wg Boundary l.CWO Proposed Service Area F. SO FSD Proposed Service 4n»o ramaft Bosir «ECK Y KU8OTA n,>•uMMMlJte. ^ , EXHIS\T Av STUDY AREA EXISTING DISTRICT BOUNDARIES AND DRAINAGE BASINS . EXHIBIT "D" PONTO-BATIQUITOS SERVICE AREA That certain area of land in the County of San Diego, being a portion of Sections 21, 22, 23, 26, 2?, 28, 29, 32, 33, 3^ and 35, Township 12 South, Range 4 West, S. B. M,, and lying within the following described boundary? Beginning at the intersection of the North-South center line of said Section 23 with the Southerly boundary line of the Encinas Drainage Basin as shown on Exhibit "A"; thence Westerly along said boundary line to a point of intersection with the Mean High Tide line in said Section 29; thence Southerly along the Mean High Tide line of said Sections 29, 32 and 33 to a point of intersection with the Southerly boundary line of the "Carlsbad Municipal Water District", as said boundary existed as of May 1, 1961; thence Easterly along said boundary being also a line which follows approximately along the Southerly shore line of the Batiquitos Lagoon to a point of intersection with the North-South center line of said Section 35; thence Northerly along the North-South center lines of said Sections 35, 26 and 23 to the point of beginning.