HomeMy WebLinkAbout1978-06-06; City Council; 5463; Encina Water Pollution Control Facility - Application for Waiver of Secondary Treatment Wasteward Flow Data~x
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AGENDA BILL m.3?bJ Initial:
T ^ m-70 Dept.Hd.DATE: June 6, 1978
C. Atty. /s/
DEPARTMENT: Public Works - Joint Advisory Committee £ Mar
ect: mcim WATER POLLUTION CONTROL FACILITY - APPLICATION FOR
WAIVER OF SECONDARY TREATMENT/WASTEWATER FLOW DATA
St_a_terngnt_qf jthe Matter
Recend modification in Federal legislation controlling wastewater facilities
allows for waiver of the existing requirement for secondary treatment in
' certain circumstances. If the Encina facility were to be granted a waiver,
it could result in a savings of several millions of dollars to the local
agencies. In order to qualify for the waiver, a complex application must
be submitted. Part H of the attached scope of work outlines the effort
required if this work were all to be performed by the consultant. Estimated
cost of this work is $26,658.
Recent efforts by the Encina General Manager and an engineer from one of
the JAC agencies, as reported at the May 24, 1978 JAC meeting, has led them
to the conclusion that the level of effort described in Part H may not be
necessary. The Manager is still recommending that the contract be approved
because certain of the services that the consultant can perform, particularly
in the area of complex laboratory work, will be required in order to pursue
the exemption and there*are few certified facilities which can perform the
work.
If we are not successful in obtaining the waiver, we will be required to
update our \\rastewater flow data in order to proceed with the Phase III proj-
ect. Estimated cost for this work is $14,592.
The JAC has recommended that we proceed with both efforts concurrently. Our
present consulting contract (VSD-100) provides for additional work but our
legal counsel advises that each JAC agency approve the additional work.
The cost of the work will be split on the basis of ownership. Carlsbad's
share will be 24.9%. Funds are available in the Vista Phase III account.
Exhibits
1. Letter from JAC counsel dated May 2, 1978
2. Resolution No. XVt^ -approving execution of agreements by the Vista
Sanitation District in connection with pursuing a waiver of secondary
treatment requirements for the Encina Water Pollution Control Facility.
Recommendat ion
If City Council concurs, adopt Resolution No. .jV >/#approving and author-
izing the amendment of VSD-100 to provide for additional engineering services.
AGENDA BILL NO. 5453 -2- June 6, 1978
Council action
6-7-78 Resolution #5440 was adopted, approving and authorizing
the amendment of VSD-100 to provide for additional
engineering services.
c
RUSSELL W. WALKER
ROY H. GANN
WALKER AND GANN
ATTORNEYS AT LAW
333 - SOUTH JUNIPER, SUITE - 214
POST OFFICE BOX 788
KHl-ONDIDO. C'AMFOKNIA 88O25
May 2, 1978
TELEPHONE 743-3022
AREA CODE 714
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RECEIVE
MAY 0 4 1978
CITY OF CARLSBAD
. Engineering DepartmentAttention: Mr. P.J. Skotnicki
Re: Resolution authorizing Board of Directors of
Vista Sanitation District to amend its contract
with Brown & Caldwell re application for waiver
of Secondary Treatment
Dear Mr. Skotnicki:
Enclosed please find a Resolution which, when adopted
by your Board of Directors, will authorize Vista to modify
its existing contract with Brown and Caldwell so as to obtain
the engineering services necessary in connection with filing
an application for modification of Secondary Treatment Re-
quirements.
The necessity for such Resolution arises by virtue
of the fact that the Seventh Supplement to the Joint Powers
Agreement specifically sets forth the engineering services
for which Vista may contract. Subsequent enactment of state
and federal laws have given rise to the need for the afore-
said application.
As you will recall, JAC authorized that the enclosed
Resolution could contain approval for Vista Sanitation District
to also enter into an agreement for step 2 engineering services,
However, certain time requirements set by the state of which
Mr. Evans was apprised after the last JAC meeting necessitated
changes in the step 2 engineering agreement. Inasmuch as time
is of the essence regarding the VSD-100 agreement, and
changes in the step 2 agreement are not an accomplished fact,
the Resolution addresses only one matter, namely, modification
of VSD-100 agreement for engineering services regarding
modification of Secondary Treatment Requirements.
A similar letter and Resolution is transmitted simultaneously
herewith to all members of the Joint Powers Agreement.
Very truly yours,
WALKER & GANN
Roy Hy^Gann
RHG:dr
Enclosure
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE
EXECUTION OF AGREEMENTS BY VISTA SANITATION DISTRICT WITH BROWN AND
CALDWELL, A CALIFORNIA CORPORATION, FOR PROFESSIONAL ENGINEERING SERVICES
IN CONNECTION WITH APPLICATION TO WAIVE SECONDARY TREATMENT REQUIREMENTS
FOR THE ENCINA WATER POLLUTION CONTROL FACILITY.
WHEREAS, District and other public agencies have entered into a Joint
Powers Agreement, pursuant to Chapter 5 of Division 7 of Title 1 of the Govern-
ment Code for the joint exercise of power and the acquisition, construction and
operation of facilities for the transmission, treatment and disposal of sewerage
which facilities comprise a single system of sanitation works and includes any
expansion of such facilities, and the work and services which are the subject of
this agreement; and
WHEREAS, Vista Sanitation District, a public agency, is one of the parties
to the aforesaid Joint Powers Agreement; and
WHEREAS, by virtue of the provisions of the Seventh Supplement to the said
Joint Powers Agreement, Vista Sanitation District is appointed as administrator
of the Phase III enlargement of the Encina Water Pollution Control Facility, a
joint project; and
WHEREAS, pursuant to and in accordance with the powers granted to it as said
administrator, Vista Sanitation District, on July 13, 1973, entered into a
written agreement, designated VSD-100, with Brown and Caldwell for engineering
services regarding the Phase III expansion of the Encina Water Pollution Control
Facility; and
WHEREAS, it appears for the best interest of all parties to the aforesaid
Joint Powers Agreement that Brown and Caldwell perform certain additional
engineering services relating to the application to the U.S. Environmental Pro-
tection Agency (hereinafter referred to as EPA) for modification of secondary
treatment requirements and to assisting the Encina Joint Powers in developing
updated population projections and wastewater loadings flow data for the State
Water Resources Control Board (hereafter referred to as SWRCB) review for grant
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eligibility; and
WHEREAS, Vista Sanitation District is receiving a grant from EPA for the
additional services, and desires that this Amendment be in accordance with the
Amendments to Title 40 of the Code of Federal Regulations, Part 35, as published
in the Federal Register of December 17, 1975; and
WHEREAS, at regular meeting of the Joint Advisory Committee held on
April 26, 1978, a motion was duly made, seconded and unanimously adopted that
Vista Sanitation District be authorized to enter into an amendment of its said
agreement numbered VSD-100, and that said amendment be in the form attached here-
to marked Exhibit "A"; and
WHEREAS, it appears that the health and welfare of the public will best be
served by authorizing Vista Sanitation District to enter into the aforesaid
amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARLSBAD, as follows:
Section 1: That the Board of Directors of the Vista Sanitation District be,
and is, hereby authorized to enter into an amendment of its
contract no. VSD-100, with Brown and Caldwell, and that said
amendment hereby authorized is that attached hereto marked
Exhibit "A" and incorporated herein by reference.
Section 2: That the authorization granted herein to the Vista Sanitation
District shall be conditional upon the receipt by Vista Sani-
tation District of a Resolution by the governing bodies of each
of the other public agencies who are members of the aforesaid
Joint Powers Agreement, authorizing Vista Sanitation District
to enter into the said amendment to its contract no. VSD-100.
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PASSED, APPROVED AND ADOPT
Council held on the 7th day
to wit:
AYES: Councilmen
Council
NOES: None
ABSENT: None
ATTEST:
SV7
/ll&sUtfJjJs & $£t*?t*
MARGAREJTE. ADAMS, City Clerk
U
(SEAL)
an adjourned
RONALD C. PACKARD, Mayor
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