HomeMy WebLinkAbout1974-05-21; City Council; 2237-2; Seventh Supplement to Basic Joint Sewer Agreement-.£ H 'E CITY OF CARLSBA CALIF' ORNIA
Agenda Bill No . 2237 Supplement No. 2
Referred To :
Pate? May 21, 1974
Subject:
Seventh Supplement to the Basic
Joint Sewer Agreement .
Submitted By:
City Attorney
'Statement of the Matter
Your body at the City Council meeting of May 7, 1974, approved in prin-
cipal the proposed Seventh Supplement to the Joint Sewer Agreement and
directed this office to prepare the necessary documents to formally ap-
prove said agreement.
Exhibit
1.. Resolution No.authorizing the Mayor and City Clerk to execute
the Seventh Supplement to the Joint Sewer Agreement.
Staff 'Recommendations to City Manager
Adoption of Resolution No. ^y^J^will effectuate the Seventh Supplement.
AB No,2237 Supp. No. 2 Date: May 21, 1974
City Manager's Recommendation
Concur with staff recommendation.
6-18-74
This matter has been reviewed very carefully by the staff.
They are satisfied at this time that the present wording
reflects an equitable distribution of the costs relating
to the engineering. Under the most adverse circumstances
in which the City might receive no additional capacity,
the disproportionate cost to the City, if any, would be
very small. Out of a total possible project cost of
$800,000.00 the City could be responsible for up to
$7,000.00 of increased capacity engineering costs for
which other agencies gain an advantage. The possibility
of the City receiving no portion of any increased capacity
is extremely remote and we would, therefore, recommend
approval of the Seventh Supplement.
Council Action
5-21-74 The matter was deferred to June 5, 1974 for further report.
6-5-74 Matter continued to June 18, 1974.
6-18-74 The Council approved the Seventh Supplement to the Master Agreement
in its present form with the understanding that every effort would
be made to insure that the final engineering costs, as well as the
final construction costs, would be made by each agency on the basis
of benefit gained.
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RESOLUTION NO.3425
A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF.CARLSBAD AND VISTA
SANITATION DISTRICT, BUENA SANITATION DISTRICT,
SAN MARCOS COUNTY WATER DISTRICT,, LEUCADIA
COUNTY WATER DISTRICT AND ENCINITAS SANITARY
DISTRICT FOR PHASE III ENLARGEMENT OF ENCINA
WATER POLLUTION CONTROL FACILITY, OWNERSHIP
RIGHTS, DISTRIBUTION OF BUY-IN MONIES AND
PARTICIPATION IN THE JOINT ADVISORY COMMITTEE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT. :
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and Vista Sanitation District, Buena Sanitation District, San
Marcos County Water District, Leucadia County Water District, and
Encinitas Sanitary District for Phase III enlargement of Encina
Water Pollution Control Facility, ownership rights, distribution of
buy-in monies and participation in the Joint Advisory Committee, a
copy of which is attached hereto as Exhibit A and incorporated
herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
day of June , 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase and McComas
NOES: None
ABSENT: Councilman Lewis
ATTEST:
ROBERT C. FRAZEE, Mayor
MARGARET E. ADAMS, City Clerk
(SEAL),/
Jfc
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
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 operateii
95 ii a Joint Sewer System, including the Encina Water Pollution
ij
26 ii Control Facility and Ocean Outfall (and related facilities)
27!pursuant to the following agreements:
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EXHIBIT A TO RESOLUTION
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(1) July 13, 1961
(2) March 25, 1963
(3) January 6, 1964
(4) January 6, 1964
(5) September 14, 1964
(6) March 8, 1965
(7) March 22, 1965
(8) August 3, 1965
•(9) June 20, 1966
TITLE
Basic Agreement Between Vista Sani-
tation District and the City of Carls-
bad for Acquisition and Construction
of a Joint Sewer System ("Basic
Agreement").
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 Acquisition
and Construction of the Joint Sewer
System.
Supplemental Agreement (No. 1) to
Basic Agreement Between Vista Sani-
tation District and City of Carlsbad
for Acquisition and Construction of
Joint System, for Purpose of Allo-
cating Funds Received from Federal
Government.
First Amendment to Basic Agreement
Between Vista Sanitation District and
the City of Carlsbad for Acquisition
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 Acquisition
and Construction of a Joint Sewer
System ("Third Supplement").
Agreement Between County of San Diego, |
and City of Carlsbad, Vista Sanitation
District and Buena Sanitation District!
for the Operation 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 Carls-
bad of Designated Capacity in the
Encina Outfall.
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DATE
(10) June 19, 1967
(11) January 1, 1970
(12) July 7, 1970
(13) December 1, 1970
(14) February 16, 1971
(15) August 17, 1971
(16) August 17, 1971
|i (17) July 5, 1972
May 1, 1973(18)
(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
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.
Fifth Supplement to Basic Agreement
to Provide for Participation by
Leucadia County Water District and
Encinitas Sanitary District ("Fifth
Supplement").
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, Buena
Sanitation District, and San Marcos
County Water District for Legal
Services.
Second Supplement to Agreement for
Interim Connection by Leucadia County
Water District.
Sixth Supplement to Basic Agreement
to Provide for Interim Expansion of
Encina Water Pollution Control
Facility ("Sixth Supplement").
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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 MGD, 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
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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.
H. This Seventh Supplement to Basic Agreement.is made pur-
suant to the provisions of Article 1, Chapter 5, Division 7,
24 jj Title 1, of the Government Code of the State of California
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(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.!
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NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO
AGREE AS FOLLOWS:
Section 1. Phase III Enlargement of Unit I
The Encina Water Pollution Control Facility shall be enlarged
and improved to meet future flowage demands of the parties hereto,
and environmental protection requirements of applicable regulatory
|bodies, and such shall hereafter be referred to as the Phase III
Enlargement.
Section 2. Joint Project
The Phase III Enlargement shall be a joint project of Vista,
Carlsbad, Buena, San Marcos, Leucadia and Encinitas. Vista is
hereby appointed as the administrator of the joint project and is
hereby authorized to contract with Brown and Caldwell, Consulting
15 j! Engineers, for engineering services as hereinafter provided, and
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to prepare and file on behalf of the parties appropriate applica-
tions and other documents for approval of the joint project and
possible grants in aid under state and federal laws and regulat
Vista shall also cause to be prepared by such contract for
engineering services, the environmental impact report for the
!it ions
Phase III Enlargement as the lead agency, pursuant to the pro-
visions of Section 21165 of the Public Resources Code of the
23 State of California.
24 Section 3. Engineer ing ServicesI
25 j The engineering services to be furnished by Brown and
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26 j Caldwell pursuant to the contract authorized hereunder shall
27 I include the following:
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(1) Preliminary engineering;
(2) Preparation of a project report, including sewer
system infiltration and inflow analysis;
(3) Preparation of an environmental impact report, including
public hearing and any supplemental reports as may be
required;
(4) Development of a revenue program and financial plan;
and if the former are approved by the parties hereto,
then, in addition:
(5) Design services, including preparation of plans and
specifications and office engineering during construc-
tion;
(6) Preparation of operation and maintenance manuals; and
(7) Miscellaneous engineering services.
Section 4. Payment for Cost of Engineering Services
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
24 I Unit I at the conclusion of the Phase III Enlargement as deter-
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mined by the approval of all parties hereto of the reports and
|plans to be provided pursuant to paragraphs (1) through (4) of
Section 3 of this Agreement. The parties hereto shall advance to
Vista forthwith, as administrator, for the engineering services
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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,
as administrator, for the engineering services described in para-
graphs (5) through (7) of Section 3 of this Agreement, upon
written demands forwarded to them by Vista. Such demands will be
forwarded and such payments shall 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
received by it pursuant to this Agreement, and shall maintain
adequate records of all receipts and disbursements pursuant hereto
Section 5. Status of Leucadia and Encinitas, and Ownership
Rights
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As provided in Section 1 of the Fifth Supplement, Leucadia
and Encinitas have become parties to the agreements described in
recitals paragraphs A(l), (3), (5), (6), (7), (8), (12), (13),
(14), (17), (18) and (19) of this Agreement, shall be bound
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
provided for by the Fifth Supplement, and the Phase IIA Expansion
24 I provided for by the Sixth Supplement, and the payment by all
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sions of both such supplements, each party hereto shall have
capacity rights in Unit I to the extent set forth in the Sixth
Supplement, and capacity rights in Unit J to the extent set
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forth in the Fifth Supplement, and in addition thereto, each
shall own and hold title to those units
provided for by the Basic Agreement as
by the agreements set forth in Recitalii
portions that they have capacity rights
ownership and capacity rights in Unit I
PARTY
Vista
Carlsbad
Buena
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.
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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%
i
24.95%
4.51%
17.45%
16.36%
7 . 27% I
100.00%
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 conflict with the above
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1 Section 6. Settlement of Dispute
2 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,
expense and risks of litigating or arbitrating said dispute, have
settled same among themselves. As a result of such settlement,
the parties hereto hereby agree that Section 4(F) of the Fifth
Supplement is hereby amended to read as follows:
10 "(F) Upon completion of construction of the Unit I
11 Enlargement and the Unit J Extension, it is estimated that
12 the portion of the buy-in monies paid by Leucadia and
13 Encinitas pursuant to this Agreement (the Fifth Supplement)
in excess of the amount required to pay the other parties'
shares for constructing (including engineering design fees
16 and inspection) the Unit I Enlargement and the Unit J
17 Extension, will aggregate approximately $513,600, of which
18 i $323,000 is owned by and shall be credited respectively to
19 Vista, Carlsbad, Buena and San Marcos, as follows:
20 Vista $160,000
21 Carlsbad 128,000
22 Buena 10,000
23 San Marcos 25,000,
24 and may be utilized by each of them, as payments are actually!
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25 jj received from Leucadia and Encinitas, to pay for their res-
26 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
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owned by and shall be credited respectively to each of the
parties hereto in the amounts and in accordance with the
percentages thereof, as follows:
Amount
Vista
Carlsbad
Buena
- San Marcos
Leucadia
Encinitas
$ 56,000
47,600
8,600
33,300
31,200
13,900
Percentage
29.46%
24.95%
4.51%
17.45%
16.36%
7.27%
TOTAL: $190,600 100.00%;
and shall be held in trust by Vista in a capital improvement
fund to be used for enlargements or improvements, or both,
to Unit I or Unit J after Phase II. If, after actual com-
pletion of the construction of the Unit I Enlargement and
the Unit J Extension, it is determined that the actual bal-
ance of such excess of buy-in monies paid by Leucadia and
Encinitas is in an amount other than said sum of $190,600,
then the actual balance of such excess over said sum of
$323,000is owned by and shall be credited respectively to
each of such parties in the same proportions as was said
sum of $190,600, and similarly held in trust for such
purposes."
As a further result of such settlement, Section 6(B) of the
Sixth Supplement is hereby rescinded to the extent that it is
in conflict with Section 4(F) of the Fifth Supplement, as
amended hereby.
Except as expressly set forth herein, each of the parties
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hereto hereby releases each of the other parties hereto from any
and 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 Supplement is hereby rescinded, and
Section 17.2 of the Basic Agreement, as amended by Section 14 of
|the Third Supplement, is hereby further amended to read as
follows:
"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
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
Joint System, including the cost thereof, and make
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
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1 bodies of the parties to this Agreement with
2 respect to any proposed expansion, enlargements
3 or modifications of the Joint System or any
4 portion thereof.
5 3. To adopt rules and regulations for the place, time
6 i and conduct of its meetings, to elect one of its
7 ! members chairman and appoint a secretary and to
8 cause minutes to be kept of each of its meetings
9 including all actions taken by it.
10 4. To render such reports and recommendations and per-
11 form such other duties relative to the maintenance
12 and operation of the Joint System as may be directed
13 by the governing bodies of the parties to this
1^ Agreement from time to time.
15 The total vote of all members of the Joint Advisory
16 Committee shall be 100%. When voting on a matter involving
17 the treatment plant (Unit I) or the Ocean Outfall (Unit J)
18 each member shall have a percentage of vote equal to one-
half of the percentage of capacity of the party he represents
20 in the unit involved. Where a representative of a party to
this Agreement is temporarily absent, his alternate shall
22 cast the vote of the absent representative.
23 The recommendations of the Joint Advisory Committee
24 | shall be advisory only.
25 The Administrator shall provide supplies and clerical
26 j and secretarial help for the Joint Advisory Committee, and
27 shall pay each representative (or alternate who attends a
28 | meeting by reason of the temporary absence of a representa-
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1 tive) an attendance fee of Twenty-five Dollars ($25.00) for
2 each meeting of the Joint Advisory Committee attended, pro-
3 vided that the maximum payable hereunder to any one person
4 is Fifty Dollars ($50.00) for each calendar month. The
5 costs of such supplies and help, and attendance fees, shall
6 constitute a part of the total expense of maintaining and
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7 operating the Joint System and shall be paid as hereinafter
8 specified."
9 Section 8. Counterparts
10 This Agreement may be executed in counterparts, and upon
11 execution thereof by all of the parties set forth on page 1
12 hereof, each such counterpart shall be deemed to be an original.
13 IN WITNESS WHEREOF, each party hereto has caused this
14 Seventh Supplement to Basic Agreement to be signed by its res-
15 | pective officials heretofore duly authorized by the legislative
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Chairman
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bodies thereof.
Approved by Resolution
No. on
VISTA SANITATION DISTRICT
By
CITY OF CARLSBAD
Approved by Resolution
No. on
23 i[ By
24i Mayor
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BUENA SANITATION DISTRICT
27 By.
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Approved by Resolution
No. on
Clerk, Board of Supervisors
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SAN MARCOS COUNTY WATER DISTRICT
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Approved by Resolution
No. on
Approved by Resolution
No. on
Approved by Resolution
No. on
By
By
President
Secretary
LEUCADIA COUNTY WATER DISTRICT
By
President
By
Secretary
ENCINITAS SANITARY DISTRICT
By
President
By
Secretary
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