Loading...
HomeMy WebLinkAbout1974-05-07; City Council; 2237-1; Seventh Supplement to Basic Joint Sewer Agreement"7l"\ .. • -^ r\ '^7- T H S ' C I T Y\^ OF CARLSBAD C .A L • I F' 0 R X I A Agenda Bill No. 2237 Supplement No. 1 Date: May 7" 1974 deferred To: Subject: Submitted By: Seventh Supplement to the Basic . . Joint Sewer Agreement Public Works Administrator Statement of the Jfatter A draft agreement was approved on Tuesday, April 30, 1974, by the Joint Advisory Committee with a recommendation that it be executed by each of the owner agencies. Generally, the Seventh Supplement provides for the completion of Phase II and IIA and the preliminary engineering study 'of Phase III, and authorizes Vista.to act as administrator of the joint project to contract with Brown and Caldwell, Consulting Engineers, for engineering services. This also brings Leucadia and Encinitas Districts in as full voting members of the Joint Advisory Committee and owners^of the system. Exhibit Seventh Supplement to Basic Joint Sewer Agreement Staff Recommendations to the City Manager See City Manager recommendations. c z 2237 Supplement No. 1 Date: MaY 1'' 1974 City Manager's Recommendation Approve by minute action and refer to the staff for preparation of the necessary resolution. Councilman Chase will give an oral report concerning negotiations leading up to the Advisory Committee Agreement of the supplement. Council Action -7- 7/ CONTINUE TO 5-9-74 The Seventh supplement to the Basic Joint Sewer Agreement was accepted and referred to the staff for preparation of documents authorizing execution of the agreement. -2- 1 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 SEVENTH SUPPLEMENT TO BASIC AGREEMENT TO PROVIDE FOR (1) PHASE III ENLARGEMENT OF ENCINA WATER POLLUTION CONTROL FACILITY, (2) OWNERSHIP RIGHTS, (3) DISTRIBUTION OF BUY-IN MONIES, AND (4) PARTICIPATION IN THE JOINT ADVISORY COMMITTEE This.Seventh Supplement to Basic Agreement is made and entered into as of the 1st day of May, 1974, by and among: VISTA SANITATION DISTRICT ("Vista"), a county sanitation district, whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad"), a municipal corporation; ' BUENA SANITATION DISTRICT ("Buena"), a county sanitation district whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county f 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 a Joint Sewer System, including the Encina Water Pollution Control Facility and Ocean Outfall (and related facilities) pursuant to the following agreements: 1 — F:':i rs-i; P;!1;?~3leinent to J3a.s-i.c Agrtlc~!1<?11 t , At~-l:hc):-f r::i 1, Vi.s ta to App1.y for Fc:dc:~-sl (;.rail t s . I S<:c,ond S~;py:l.enlent to l3asS.c Agl-t"e!nr.l-iJc 13e-Lv.loc:n \Ili.st.a f3a11i-ta.ti.on D:',str:ic-:, :I:-td t;hc Ci.ty oi' Ca~'l~sba.6 for hcquli.:;j j j.i,ll 2 j~i"LC:~)ii st.ruct ion of the Joinl; Sc:vv(!?: , Systelil. I 1 Suppl.c~en.I;al Agreement (Xo. I.) 'LC) ! U:rs:i.c: Jgr.ec!nenl; Between Vista Sa!li.-- ! tation Dir.;ti-j ct; and City of Carl.,c;l~ad f 01. iiccjul.si t ton alirZ ('o~istruct i.ou o:I: : Joj !~t Sys twn, for Purpose of All-o- cat i.ng I?:i~~cls Rec,eivcd f roil1 Federal Goverrl~ren t . I First fiinc-:n clment to Jhsic flgreeme~i t netivcen Vri s-ta Sa11it;xt ion Ili strict x.nci the City of Carlsbxd for Acquisition ~.nd Co1-t~-trr!ci;j.m. of a Joi~lt Se%,~el- I Sys-tan. I I 1 Second Ainendinen'i l;o Basic Agreemen-t I L3e"ivecli Vi t:tn S:t.n.it;\i;ion Distrri.ct u~lti ; the Cj.1.)~ 07:' C'R~.'IS~~.C$ for i?cqui.:?< .ti On alicl COI.~.C;~;~UC~ io!~ of a Jo:i.rlt Seae:. Sys t c.:!? . I I ~~~~~~d Sugpl exen t to Basic Agi.eeir:ilni Ect~vc-el; TJ i stn Sznil;;tt-io~~ 1)i s'i"t-ic:t ::11d the Cj.1 y of Carl sl32d for .Qcclui :>i 1 ion I and Colt:; ~?'uct,Xon o l :t Joi 11 t, :jci~;cr I Sysicm ( "Th ird Sup1)lcrnent" ) . 1 ki~;i~c:en~cl:i?l, 13~L~<ccil Cot?il-l;y of S::I> l):i.tfp;(>, and C1i.i; y o.C Ca~:lsbacl , Vista SLL~I j 1;:l.l. ior; Distri.ci. a.r;ci Eucns S;:11ita.i.i01l 1)j:;l;ri~:: for the' 0pcr:tt ion of the Joirl-l; Sy::1;(!rn., I figrc?c1[1e:12. 13ct\vcci1 13iac11 a Snnit:~t ion l)ist,rict anti City of Carlsbad for. I 1,e:~sc by Carl sl~~~d ol Capac.i ty in 1,llo E:i~ci 11:; (!ui i 1 o F t.hc1 J3uc.na Sulli t ;i t ion l)j s1.j-i c t , l or 1,c:i sc bj' Uuck11:i Lo C:I I I :,-- h:~d 01 I)c, i ::n;~Lcd Ci11~:lcity j IJ Lllc 11:nc:j 11% Oii"l,rl':il 1 . I 6 7 8 9 10 11 12 13 14 15H DATE (10) June 19, 1967 16 ! 17 .19 20 21 23 24 25 26 27 28 (11) January 1, 1970 i (12) July 7, 1970 (13) December 1, 1970 I (14) February 16, 1971 || (15) August 17, 1971 i ! (16) August 17, 1971 | (17) July 5, 1972 (18) May 1, 1973 (19) October 2, 1973 (20) October 3, 1973 TITLE 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 Enlarge:- ment to the Encina Water Pollution Control Facilities of the Joint System, Authorizing Vista to Apply for and i Receive and Disburse Federal Grant. Agreement for Interim Connection by Leucadia County Water District. Agreement Between County of San Diego and Vista, Carlsbad, Buena and San Marcos for Legal Services. Supplement to Agreement for Interim ! Connection by Leucadia County Water [ District. I i Fifth Supplement to Basic Agreement j to Provide for Participation by j Leucadia County Water District and ! Encinitas Sanitary District ("Fifth j Supplement"). . | i Third Amendment to Basic Agreement Between Vista Sanitation District and City of Carlsbad for Acquisition and Construction of Joint Sewer System. Agreement for Temporary Connection by City of Oceanside. Agreement Between the City of Carls- bad, Vista Sanitation District, Buenaj Sanitation District, and San Marcos ; County Water- District for Legal j (Services. j Second Supplement to Agreement for | Interim Connection by Leucadia County\ Water District.- j ! Sixth "Supplement to Basic Agreement j to Provide for Interim Expansion of ; Encina Water Pollution Control Facility ("Sixth Supplement"). 1 2 3 A 5 6 7Is! 9 10 12 13 15 IGii ,7 | 181| ji 19 Ii!l20 21 22 23 | 24! 25!| 26' 27 28 B. An enlargement of the Encina Water Pollution Control Facility (Unit I) and an extension of the Ocean Outfall (Unit J), known as Phase II, is currently under construction providing for an increase in the capacity of such Unit I of 3 MOD, from 6.75 MGD to 9.75 MGD, and a further expansion of Unit I, known as Phase IIA, of an additional 4 MGD from 9.75 MGD to 13.75 MGD is also currently under construction. C. A further enlargement of Unit I, known as Phase III, planned to be commenced in 1975, is necessary to meet further flowage demands of the parties hereto, and environmental pro- tection requirements of applicable regulatory bodies. D. It is necessary to contract for engineering services to plan and design the Phase III Enlargement. E. It is desirable to include Leucadia and Encinitas as \ full participants in the ownership and operation of the Joint, Sewer System. F. It is desirable to provide for settlement of a dispute relating to distribution of excess buy-in monies arising out of the Fifth Supplement and the Phase II Expansion. G. It is desirable to include Leucadia and Encinitas as full participants and members of the Joint Advisory Committee. II. This Seventh Supplement to Basic Agreement i~s made pur- suant 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 the joint exercise of powers common to all 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. 2 NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO 12 3 ij AGREE AS FOLLOWS: 4 i Section 1. Phase III Enlargement of Unit I i 5|i The Enc.ina Water Pollution Control Facility shall be enlargedIj . ' 61| and improved to meet future flowage demands of the parties hereto, i | and environmental) protection requirements of applicable regulatory' j ' ! jj bodies, and such shall hereafter be referred to as the Phase III I i ^ |i Enlargement. i! 1°|| Section 2. Joint Project . . i! The Phase III Enlargement shall be a joint project of Vista,i 'Carlsbad, Buena, San Marcos, Leucadia and Encinitas. Vista is Thereby appointed as the administrator of the joint project and is | !hereby authorized to contract with Brown and Caldwell, Consulting 15 ij Engineers, for engineering services as hereinafter provided, and 'i |to prepare and file on behalf of the parties appropriate applica- 17||tions and other documents for approval of the joint project and j 12 ipossible grants in aid under state and federal laws and regulationsiIVista shall also cause to be prepared by such contract for | | engineering, services, the environmental impact report for the ^ JJ Phase III Enlargement as the lead agency, pursuant to the pro- li 22 jj visions of Section 21165 of the Public Resources Code of the 23 iState of California. 19 20 24 Section 3. Engineering Services 25 i The engineering services to be furnished by Brown and 26 Caldwell pursuant to the contract authorized hereunder shall 27 |; include the following: 28 ^ - 5 - 1 2 3I! ^ .(1) Preliminary engineering; (2) Preparation of a project report, including sewer system infiltration and inflow analysis; 4!J (3) Preparation of an environmental impact report, inclxiding I 5 I public hearing and any supplemental reports as may be ji G|| required; 7 8 (4) Development of a revenue program and financial plan; and if the former are approved by the parties hereto, then, in addition: 10 |i (5) Design services, including preparation of plans and 11 12 13 specifications and office engineering during construc- tion; (6) Preparation of operation and maintenance manuals; and (.7) Miscellaneous engineering services. 15 ij Section 4. Payment for Cost of Engineering Services 16 17 18 19 20 22 23 25 26 27 28 The parties hereto shall advance to Vista the costs of such engineering services contracted for by Vista as provided herein, in the following proportions: Vista, 29.46%; Carlsbad, 24.95%; Buena, 4.51%; San Marcos, 17.45%; Leucadia, 16.36%; and Encinitas, 7.27%. However, the ultimate liability of each of the parties hereto for the costs of such engineering services shall be equal to the total cost of such engineering services multiplied by the respective percentages of capacity each will be entitled to in Unit I at the conclusion of the Phase III Enlargement as deter- mined by the approval of all parties hereto of the reports and plans to be provided pursuant to paragraphs (1) through (4) of I Section 3 of this Agreement. The parties hereto shall advance to I Vista forthwith, as administrator,' for the engineering services 6 - c1 1 i described in paragraphs (1) through (4) of Section 3 of this Agreement, a total of Fifty-five Thousand Dollars ($55,000.00) 'in the respective proportions set forth in the first sentence of this Section 4. Thereafter, each party hereto shall pay Vista, 5jjas administrator, for the engineering services described in para- i Gj! graphs (5) through (7) of Section 3 of this Agreement, upon I 10 11 written demands forwarded to them by Vista. Such demands will be forwarded and such payments s.hall be made at such times as will enable Vista to pay for the costs of such services in accordance with the contract with .Brown and Caldwell. Vista shall be strictly accountable to all the parties hereto for all funds 121| received by it pursuant to this Agreement, and sha.ll maintain 13 14 15 16 17 18 19 20 21 22 adequate records of all receipts and disbursements pursuant hereto:i Section 5. S t_atu s o f Louc ad i a a'ri d E n c i n i t as, and Ownership Rights |i 1 As provided in Section 1 of the Fifth Supplement, Leucadia j I and Encinitas have become parties to the agreements described in I recitals paragraphs A(l), (3), (5), (6), (7), (8), (12), (13), (14), (17), (18) and (19) of this Agreement, shall be bound i thereby, and shall have all the benefits thereof, and notwith- standing the provisions of Section 9 of the Fifth Supplement, upon completion of the Unit I Enlargement and the Unit J Extension 23 j| provided for by the Fifth Supplement, arid the Phase IIA ExpansionI 24 j! provided for by the Sixth Supplement, and the payment by all 25 j parties hereto of the amounts required to be paid by the provi- i 26 j sions of both such supplements, each party hereto shall have 11 27 j capacity rights in Unit I to the extent, set forth in the Sixth 28 Supplement, and capacity rights in Unit"J to the extent set 1 2 3 A 5 6 7 8 9 10 .11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ' forth in the Fifth Suppl shall own and hold title /*•"* ^eiaent , and in addition thereto, each to those units provided for by the Basic Agreement as by the agreements set forth in Recital portions that they have•capacity rightsi ownership and capacity, rights in Unit I PARTY i Vista Carlsbad Euena i San Marcos Leucadia Encinitas TOTAL : and in Unit J, shall be Vista Carlsbad Buena San Marcos Leucadia Encinitas TOTAL : Page two of Exhibit hereby rescinded to the table. // OWNERSHIP AND AFTER PHASE MGD 4.05 3.43 0.62 2.40 2.25 1.00 13.75 as follows: 6.34 10.89 4.94 6.33 6.33. 3.17 38.00 of the Joint Sewer System supplemented, and amended A above, in the same pro- in such units, i.e. shall be as follows: CAPACITY RIGHTS IIA EXPANSION Percentage 29.46% 24.95% 4.51% 17.45% 16.36% 7.27% 100.00% f 16.67% 28 . 66% 13.00% 16.67% 16.67% 8 . 33% 100.00% "B" attached to the Fifth Supplement is extent it is in _ 8 ~ conflict with the above - Section 6 . Set tie me nt_ojL.']2i s Pi1 \*L v There are disputed questions of law and fact with regard to the proper interpretation of the language of Section 4(F) of the Fifth Supplement as acknowledged in Section 6(B) of the Sixth Supplement, and the parties hereto, in order to avoid the time, 6! expense and risks of litigating or arbitrating said dispute, have 7 i i settled, same among themselves. As a result of such settlement, 8 s the parties hereto hereby agree that Section 4(F) of the Fifth i 3 i Supplement is hereby amended to read as follows: I i 10 I "(F) Upon completion of construction of the Unit I i 11 Enlargement and the Unit J Extension, it. is estimated that 12 the portion of the buy-in monies pai'd by Leucadia and 13 | Encinitas pursuant to this Agreement (the Fifth Supplement) i 14 j in excess of the amount required to pay the other parties' 15 j shares for constructing (including engineering design fees i 16 ] and inspection) the Unit I Enlargement and the Unit Ji 17 Extension, will aggregate approximately $513,600, of which 18 | $323,000 is owned by and shall be credited respectively to 19 Vista, Carlsbad, Buena, and San Marcos, as follows: 20 Vista $160,000 21j Carlsbad 128,000 ! 22 Buena 10,000 23 i San Marcos 25,000, j 24 and may be utilized by each of-them, as payments are actually or '^J received from Leucadia and Encinitas, to pay for their res- j I ' • '26 j pective shares of the cost of construction of expansions 27 | (after Phase II) of Unit I. 28 The balance of such estimated.excess, $190,600, is _ 9 _ . 1 2 3 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19J 20 21 22 23 24 25 26 27 28 i ! /**'*' /"*'* owned by and shall be credited respectively to each of the \ parties hereto in the amounts and in accordance with the percentages thereof •, Vista Carlsbad Buena .San Marcos Leucadia Encinitas TOTAL and shall be held in fund to be used for to Unit I or Unit J as follows : Amount Percentage $ 56,000 29.46% 47,600 ' 24.95% 8,600 4.51% 33,300 17.45% 31,200 16.36%' 13,900 7.27% : $190,600 . 100.00%; trust by Vista in a capital improvement enlargements or improvements, or both, after Phase II. If, after actual corn- pletion of the construction of the Unit I Enlargement and the Unit J Extension ance of such excess , it is determined that the actual bal- of buy-in monies paid by Leucadia and f \ Encinitas is in an amount other than said sum of $190,600, i then the actual bala $323, 000 is owned by each of such parties sum of $190,600, and purposes . " As a further result nee of such excess over said sum of ;i and shall be credited respectively to in the same proportions as was said similarly held in trust for such of such settlement, Section 6(B) of the Sixth Supplement is hereby rescinded to the extent that it is i in conflict with Section amended hereby. Except as expressly 4(F) of the Fifth Supplement, as [ set forth herein, each of the parties i ! - 10 - i 5 G C /^^ 'el.eases each of the otheS^arties hereto from any r.nd all claims each such party may have to buy-in monies paid by Leucadia or Encinitas pursuant to the provisions of the Fifth Supplement. Section 7. Joint Advisory Committee Section 10 of the Fifth SuppJement is hereby rescinded, and i! Sect ion 17.2 of the Basic Agreement, as amended by Section 14 of ji the Third Supplement, is hereby further amended to read as Ql follows: 10 11 12 13 14 15 16 17 - "Section 17.2. JOINT ADVISORY COMMITTEE Vista, Carlsbad, Buena, San Marcos, Leucadia and Encinitas hereby agree that there shall be appointed an advisory committee consisting of two representatives of each party to this agreement appointed by the governing body of such party. Such governing body shall also appoint an alternate for each such representative who shall act as a representative of the party in the temporary absence of the representative. The repre- sentatives and alternates so appointed may, but need 20 21 22 not, be members of the governing body of the party they represent. Said committee shall be known as the 'Joint Advisory Committee' and its powers, duties and functions shall be as follows: 1. To review the operation and maintenance of the or !l Joint System, including the cost thereof, and make 26 27 28 reports and recommendations to the governing bodies of the parties to this Agreement and to the Operator. 2. Review and make recommendations to the governing - 11 - S^iK . SHUT '1 i , bodies of the parties to this ^Tgreement with I 2 respect to any proposed expansion, enlargements 3 or modifications of the Joint System or any j ' • 4 i portion thereof. h 5| 3. To adopt rules and regulations for the place, time 6j and conduct of its meetings, to elect one of its 1 \ members chairman and appoint a secretary and to 8i! cause minutes to be kept of each of its meetings 9 including all actions taken by it. 10 i 4. - To render such reports and recommendations and per-i 11 form such other duties relative to the maintenance 12 ' and operation of the Joint System as may be directed 13 j by the governing bodies of the parties to this 14 Agreement from time-to time. 15jj The total vote of all members of the Joint Advisory 1 '*• Committee shall be 100%. When voting on a matter involving 17 j the treatment plant (Unit I) or the Ocean Outfall (Unit J) 18 j each member shall have a percentage of vote equal to one- half of the percentage of capacity o'f the party he represents in the unit involved. Where a representative of a party to 21 this Agreement is temporarily absent, his alternate shall 221| cast the vote of the absent representative. i • 23: The recommendations of the Joint Advisory Committee 24 shall be advisory only. 25 The Administrator shall provide supplies and clerical 26 and secretarial help for the Joint Advisory Committee, and 27 shall pay each representative (or alternate who attends aI 28! meeting by reason of the temporary absence of a representa- •- 12 W • tive) an attendance fee of Twenty-five Dollars ($25.00) for each meeting of the Joint Advisory Committee attended, pro- vided that the maximum payable hereunder to any one person is Fifty Dollars ($50.00) for each calendar month. The costs of such supplies and help, and attendance fees, shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as hereinafter specified." Section 8. Counterparts This Agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on page 1 hereof, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF,.each party hereto has caused this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 n _., Chairman 20 Seventh Supplement to Basic Agreement to be signed by its res- ! pective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution No. on VISTA SANITATION DISTRICT By 21 Approved by Resolution No . on23 CITY OF CARLSBAD Mayor 24 ' ' 25 26 27 28 Approved by Resolution No. on BUENA SANITATION DISTRICT By Clerk, Board of Supervisors i - 13 1 2 3 4 5! 6 7 Approved by Resolution No. on Approved by Resolution No. on 10 ! 11 I 12 13 14 15 iei 17 18 19 20 21 22 23 | 24 25 26 27 28 Approved by Resolution No. on SAN MARCOS COUNTY WATER DISTRICT i By President By Secretary LEUCADIA COUNTY WATER DISTRICT President By Secretary ENCINITAS SANITARY DISTRICT By President By Secretary - 14