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HomeMy WebLinkAbout1979-05-29; City Council; 5854; Leucadia Cnty Water District as operator at Encina. w , 45- CITY OF CARLSBAD . Initial: AGENDA BILL N0- ^f^T-Y Dept. Head g DATE: May 29,. 1979 C. Atty DEPARTMENT: Water Pollution c- M9r- SUBJECT: ELEVENTH SUPPLEMENT TO THE BASIC AGREEMENT PROVIDING THAT LEUCADIA COUNTY WATER DISTRICT BE OPERATOR &'ADMINISTRATOR OF ENCINA WATER POLLUTION CONTROL FACILITIES STATEMENT OF THE MATTER.. i ,i,. ... iii j Attached is the Eleventh Supplement to the Basic Agreement between the Vista Sanitation District, City of Carlsbad, Buena Sanitation District, San Marcos County Water District, Leucadia County Water District and Encinitas Sanitary District. The agreement turns over the responsibilities of both Director and Administrator of the Encina Joint Facilities to the Leucadia County Water District. It is expected that the agreement will result in both lower operating cost and more re- sponsive management of the joint sewerage system. EXHIBITS Memorandum summarizing the Eleventh Supplement Resolution No. t^T^SSt authorizing the Mayor to execute the Eleventh Supplement to the Basic Agreement to provide that Leucadia County Water District become operator and administrator of the joint sewer system. 3. Resolution No. ^"^y/^author i z i ng the Mayor to execute an agreement for termination of the services of the County of San Diego as operator of the Encina joint sewer system. RECOMMENDATION If Council concurs, adopt Resolution Council Action 5-29-79 Council adopted Resolution No. 5786 authorizing the Mayor to execute the llth Supplement to the basic agreement and Council adopted Resolution No. 5787 authorizing execution of agreement terminating the services of the County of San Diego. MEMORANDUM TO: City Manager FROM: City Engineer DATE: May 22, 1979 SUBJECT: ELEVENTH SUPPLEMENT TO THE BASIC AGREEMENT After nearly three years, the Eleventh Supplement has been prepared by which the Leucadia County Water District will assume the responsibility of operating the Encina Water Pollution Control Facilities. The proposed agreement was considered at a special JAC meeting of May 9, 1979. The JAC unanimously recommended that the Eleventh Supplement be adopted by the six agencies contingent on some minor changes in wording. The attorney for JAC has made the recommended changes in the attached agreement and has for- warded it to all six Encina agencies for approval. Essentially, the Leucadia County Water District will assume the duties as both operator and administrator of the joint facilities replacing the County of San Diego and City of Carlsbad. The agreement provides that all six agencies approve the annual Encina budget. Additionally, it provides that the Joint Advisory Committee shall approve expenditures provided for in the adopted budget. The Leucadia County Water District shall be responsible for maintaining separate records for expenditures incurred in the operation of the Encina facilities. Leucadia has agreed to employ operators presently assigned to the Encina facilities who are willing to terminate their employment with the County. Leucadia will also assign a person to the Encina facility whose sole responsibility will be managing that facility. The agreement may be terminated by Leucadia in no less than 120 days' notice or by written consent of a majority of the Encina agencies. Any operat- or named to replace Leucadia will require the consent of a majority of the Encina agencies. Les Evans City Engineer LE:VEB CC: Public Works Administrator ELEVENTH. SUPPLEMENT TO BASIC AGREEMENT PROVIDING THAT LEUCADIA COUNTY WATER DISTRICT BE OPERATOR AND ADMINISTRATOR OP ENCINA WATER POLLUTION CONTROL FACILITIES This agreement is made and entered into as of theory day of //~&-J-4 , 1979, by and among the Leucadia County Water Dis- ^_ trict and Vista Sanitation District ("VISTA"), the City of Carls- bad ("CARLSBAD"), Buena Sanitation District ("BUENA"), San Marcos County Water District ("SAN MARCOS"), and Encinitas Sanitary Dis- trict ("ENCINITAS") who are hereafter sometimes referred to coll- ectively as "owners". < ' • ' . RECITALS . A. On July 13, 1961, VISTA and CARLSBAD entered into an agreement for acquisition and construction of a joint sewer system presently known as the Encina Water Pollution Control Facility, and WHEREAS, the aforesaid agreement is herein referred to as the Basic Agreement; and i? B. By virtue of amendments and supplements to the said Basic Agreement all parties hereto have become parties to said Basic Agreement, as supplemented and amended,' and C. The aforesaid Basic Agreement as amended and supplemen- ted provides for the establishment, construction, operation and maintenance of facilities for the transmission, treatment and disposal of sewage which facilities shall comprise a single system of sanitation works referred to in said' Basic Agreement and herein- after as the Joint System; and -1- D. Section 17 of said Basic Agreement provides that the Joint System shall be maintained and operated by an independent contractor employed by VISTA, CARLSBAD, and BUENA, jointly, which said independent contractor shall be known as the "operator", and* further provides that VISTA, CARLSBAD and BUENA shall jointly contract with the County as operator for the operation and main- tenance of the Joint System for a period of two (2) years from and after the commencement of operation of the Joint System; and E. Section 17.1 of the said Basic Agreement designates CARLSBAD as the "administrator to,carry out the duties of admin- istration specified in said section 17.1"; and F. By written agreement dated August 3, 1965, the parties hereto entered into an agreement entitled AGREEMENT BETWEEN COUNTY OF SAN DIEGO and CITY OF CARLSBAD, VISTA SANITATION DISTRICT and BUENA SANITATION DISTRICT FOR THE OPERATION OF THE JOINT SYSTEM: and , G. The County of San Diego at all times since on or about August 3, 1965, has been and still is the operator of the Joint System as provided for in the agreement of said date; and H. The"'parties hereto have entered into a Seventh Supple- ment to the Basic Agreement which provided among other thi.ngs, for enlargement of the Joint Systems and said enlargement is / designated as phase III enlargement; and I. The aforesaid phase III is and will be for many months in progress, and J. Section 2 of the Seventh Supplement designates VISTA as the "administrator" of phase III enlargement authorized to contract for engineering services and to prepare and file on behalf of the parties appropriate applications and other docu- — 2 — ments for approval of the joint project known as phase III enlargement and for possible grants in aid under State and Federal laws and regulations; and * K. The said section 2 of the Seventh Supplement designated VISTA as the "Lead Agency," pursuant to the provisions of section 21165 of the Public'Resources Code of the State of California; and L. This .Eleventh 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 public agencies; in this case being VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA' and ENCINITAS, each of which- is authorized to contract with the other pursuant thereto; and M. It is the intent and desire of all the owners of the Joint System to have Leucadia County Water District become the operator and administrator of the Joint System and to provide the Joint Advisory Committee with certain' authority relative to operation and administration within the budget established by all the owners 'which are parties hereto; and N. VISTA SHALL REMAIN THE ADMINISTRATOR of phase III enlargement and shall continue to have all the rights duties and * > obligations as provided for said administrator in the Seventh Supplement. NOWTHEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENT HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. The LEUCADIA COUNTY WATER DISTRICT shall become and be the Operator and Administrator of the Joint. System — 3 — in lieu and in place of the County and CARLSBAD, respectively, as of July 1, 1979, and shall hereafter be designated as "operator". Said operator sha*ll perform the following services: (a) Manage, maintain and operate the Joint System • and preserve it in good repair, and working order all in accordance with recognized sound engine- ering practices. (b) , Reconstruct or cause to be reconstructed such por- tions of the Joint System as shall be ordered by all parties to this agreement jointly, or in the discretion of Leucadia when an emergency arises i and such reconstruction is immediately required to permit the Joinf System to continue to function; provided, however, at such time as Leucadia is ordered to reconstruct or cause to be reconstruc- ted any portion of the Joint System Leucadia may • require that before it undertakes such reconstru- ction the estimated cost of such reconstruction be deposited in trust with Leucadia for use by Leucadia in paying of costs of such reconstruction. (c) Measure _and keep accurate records of the measure- f ments of sewage flow that may be required by the majority vote of the Joint Advisory Committee. (d) Take periodic measurements as directed by the majority vote of.the Joint Advisory Committee sufficient to ascertain the amount of sewage devel- oped and originating within the limits of each party to the Basic Agreement and discharged into the -A- Joint System and the total amount of sewage developed and originating within the limits of all parties and discharged into the Joint System. (e) Administer the disposition of sludge from the treatment plant in accordance with Section 28 of • the Basic Agreement. If any sludge, fertilizer or other byproduct arising out of operation of the Joint System is sold, such sale shall be admin- istered by the Operator and the proceeds thereof apportioned as required by said Section 28. (f) Provide supplies and clerical and secretarial services and engineering advice to the Joint i Advisory Committee referred to in said Basic Agreement and engineering to the parties to the Basic Agreement incidental to the operation and maintenance of the Joint System. (g) Prepare and submit annually to the parties to this agreement a budget estimating the amount of moneys necessary to operate and maintain the Joint System as hereinafter set forth: (h) Cause to be made an annual audit at the end of each fiscal year of all thie accounts of Leucadia by f •an independent and duly licensed auditing firm and submit copies of said audit to each party hereto within thirty (30) days after completion of such audit to insure that bills submitted to all parties hereto are accurate. (i) Pay itself out of funds deposited with it by all the parties hereto. -5- (j) Maintain insurance as specified in section 31 of the Basic Agreement. (k) Maintain and operate the Joint System and preserve it in good repair and working order, all in accord- ance with recognized sound engineering practice. (1) Maintain accurate records and accounts of all ^ receipts and disbursements and expenses incurred in connection with the operation and maintenance of • the Joint System and in connection with any ordered reconstruction. Such records and accounts and the records of measurement of sewage flow shall be available for inspection at all reasonable times by any party to this agreement. SECTION 2; The expenses of Leucadia in carrying out the powers and duties imposed on it by this agreement shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as herein- after specified. SECTION 3; In consideration of the services performed by Leucadia pursuant to this agreement the parties to this agreement and the Basic Agreement shall pay to'Leucadia, Leucadia's actual costs of providing such services. Such costs shall include the actual costs of (1) all mater- ials and supplies used or purchased for the operation and maintenance of the'treatment plant: (2) all contracts let by Leucadia for the performance of any work incid- ental to providing such service;.and (3) the salaries and wages of all Leucadia employees providing such services, including vacation and sick leave benefits, workmen's compensation, social security and retirement payments and -6- health insurance, plus a reasonable overhead charge. Such costs of operation and maintenance and reconstruction shall be paid by the parties to this agreement and the Basic Agreement in the proportions established by the Basic Agreement as heretofore modified and supple- mented and shall be paid out of the funds deposited with Leucadia by the parties to this agreement in accordance with the terms of said Basic Agreement as heretofore supplemented and modified; provided, however, the failure of any party to pay Leucadia shall not relieve the other parties to" this agreement or the Basic Agree- ment of their obligation to pay their proportionate shares of maintenance and operation of the Joint System or the reconstruction of any portion thereof. SECTION 4; Leucadia shall submit its bill to the Joint Advisory Committee quarterly in advance for the services rendered pursuant to this agreement and the bill shall be promptly paid as herein provided upon unanimous approval of the Joint Advisory Committee; provided however, the Joint Advisory Committee shall have no Authority to approve any expenditure that has not been provided for in the Budget adopted by the governing bodies of the parties-hereto. Any bill submitted by Leucadia containing any non-budgeted items that affect all the parties hereto must have prior approval of all the governing bodies of the parties hereto before pay- ment thereof; provided, however, in the event that Leucadia submits to the Joint Advisory any statement of changes containing any non-budgeted items that affect less than all the parties hereto, then and in that event such -7- non-budgeted items must have prior approval of the govern- ing bodies .of the affected parties before payment is made. SECTION 5; Leucadia agrees to employ as many of the employees of the County of San Diego presently assigned to, and work at the Encina Water Pollution Control Facilities, as are willing to terminate their respective employment with said County and become employed by Leucadia. SECTION 6; Except as otherwise authorized by a majority vote of the Joint Advisory Committee, all persons who are employed by Leucadia for the purpose of performing services at the Encina Water Pollution Controll Facilities, shall perform services that relate exclusively to the operation and maintenance? of the Joint System. Provided, however, in the event of emergencies which so demand, personnel employed by Leucadia for work non-related to the Encina Water Pollution Control Facility and plant personnel may be temporarily reassigned in order to resolve such emer- gencies; provided however, in the event that any personnel assigned to work at the Encina Water Pollution Control Facility are utilized by Leucadia for work non-related to the Joint System, Leucadia shall keep accurate records of such utilization and-shall assume, pay and hold all parties free and harmless from any and all costs"and expenses which are non-related to the operation and maintenance of the Encina Water Pollution Control Facility. SECTION 7; Within thirty (30) days after the approval and adoption by all the governing bodies of a budget for the Encina Water Pollution Control Facilities for the ensuing fiscal year, Leucadia shall submit to the Joint Advisory Committee the proposed staffing of the Encina Water Pol- lution Control Facility during said fiscal year. Provided said proposed staffing is within the approved budget, such proposed staffing may be approved by the members of -8- the Joint Advisory Committee representing more than 51% of the ownership of the Joint System. SECTION 8: Leucadia shall prepare or cause to be prepared each calendar month an operation and maintenance report which shall contain all pertinent information relating *• to the operation and maintenance of the Encina Water Pollution Control Facility, including but not limited to average daily flows for each party hereto and expenditures for thq operation of.the Joint System. Each report shall be submitted to each member of the Joint Advisory Com- mittee at least three (3) days prior to each regularly scheduled monthly meeting of said committee. i SECTION 9: Leucadia shall assign one person to the Encina Water Pollution Control Facility whose sole responsib- ility shall be that of managing said facilities. SECTION 10: Commencing on July 1, 1980, and for each fiscal year thereafter, Leucadia shall prepare and submit to the governing bodies of each party hereto a proposed overhead charge that will be charged by Leucadia for the V ensuing fiscal year. Upon approval by all governing bodies i of the parties hereto of an "overhead charge" to be paid Leucadia, said amount shall be made a part of the budget for operation and maintenance of the Encina Water Pol- lution Control Facility. SECTION 11; This agreement may be terminated by Leucadia provided Leucadia gives to all parties hereto written notice no less than 120 days, and not more than 180 days, prior to the date that such termination shall become effective. —9 — SECTION 12; This agreement may also be terminated by the written consent of a majority of the parties hereto, and any operator named to replace Leucadia shall require the written consent of a majority of the parties hereto. SECTION 13; In the event that Leucadia is replaced by any one of the parties hereto, or replaced by any other public agency, any agreement entered into with such ^replacement agency shall require that such agency employ-all personnel that are then employed by Leucadia and are assigned to perform full-time duties at the Encina Water Pollution Control Facility. SECTION 14; As used in this agreement Encina Water Pollutiont Control Facility shall mean the Joint System and said Joint System shall mean the Encina Water Pollution Control Facilities. SECTION 15: The operator shall pay each representative of the Joint Advisory Committee, (or the alternate who attends a meeting by reason of the temporary absence of a representative) an attendance fee of Twenty Five Dollars ($25.00) for each meeting of the Joint Advisory Committee attended, provided that the maximum payable hereunder to any one person if Fifty Dollars ($50.00) for each calendar month. The cost of any supplies and help furnished the Joint Advisory Committee by the operator and any attendance fees shall constitute a part of the total expenses of maintaining and operating the Joint System and shall be paid as hereinabove provided • for the payment of operation and maintenance costs of the said Joint System. -10- /"S SECTION 16; Anything to the contrary herein notwithstanding, i * VISTA shall remain the sole and exclusive administrator of the Phase III Enlargement project as provided for in the Seventh Supplement to this Basic Agreement. SECTION 17; No provision of this agreement shall be construed to detract from the powers, duties and functions of the Joint Advisory Committee as set forth in section seven (7) of Seventh Supplement to the Basic Agreement. SECTION 18; Each report and recommendation of the Joint Advisory Committee permitted by Section 1 of the Seventh Supplement to the Basic Agreement shall be considered i as having been made by all parties hereto when made to the operator by said committee upon a majority vote of said committee based upon the voting rights of each member of the committee as follows: "The total vote of all members of the. Joint Advisory Committee shall be 100%. When voting on a matter involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each member shall have a percent- age of vote equal to one-half (%) of the percentage of . capacity of the party he represents in the unit~involved. Where a representative of a party to this Agreement is temporarily abse'nt, his alternate shall cast the vote of the absent representative." SECTION 19; This agreement may be executed in counterparts, and upon its execution thereof by the parties hereto, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto, pursuant to the resolution passed and adopted by the respective governing body has caused this Eleventh Supplemental Agreement to be executed on the -11- day and year first above written. DATED:LEUCADIA COUNTY WATER DISTRICT By:,President DATED: By:, Secretary DATED:VISTA SANITATION DISTRICT By:,Chairman DATED: May 29, 1979 CITY OF CARLSBAD By: ANTHONt/J: SKOTNICKI, VICE-MAYOR DATED: DATED: BUENA SANITATION DISTRICT By: Clerk of the Board of Directors SAN MARCOS COUNTY WATER DISTRICT DATED: By:,President By:,Secretary DATED:ENCINITAS SANITARY DISTRICT By: -12- /•**,, RESOLUTION NO. 57861 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO 3 EXECUTE THE ELEVENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR THE ENCINA JOINT SEWER SYSTEM TO 4 PROVIDE THAT LEUCADIA COUNTY WATER DISTRICT BE- COME OPERATOR AND ADMINISTRATOR OF SAID SYSTEM5 : :* 6 WHEREAS, the Vista Sanitation District, City of Carlsbad, 7 Leucadia County Water District, -San Marcos County Water District, • 8 Buena Sanitation District and Encinitas Sanitary District are par- 9 ties to a Joint Powers Agreement which provides for the operation 10 and maintenance of a-joint sewer system commonly known as the 11 Encina Water Pollution Control Facility; and 12 WHEREAS, pursuant to the Basic Joint Powers Agreement, as 13 amended and supplemented^ on August 3, 1965, the parties hereto 14 entered into an agreement with the County of San Diego wherein .15 and whereby said County agreed to become the operator of said 16 system and to operate and maintain same for a period of two (2) 17 years from commencement of operation of said sewer system; and 18 WHEREAS, more than two (2) years have passed since the joint 19 sewer commenced operation and the County has continued to operate 20 and maintain said joint system by the mutual consent of all enti- 21 ties owning an interest in said system; and 22 WHEREAS, the Basic Agreement for the said joint sewer system 23 designated the City of Carlsbad as administrator of the contract 24 between the County and the parties to the agreement and required 25 said City to perform additional administrative functions; and 26 WHEREAS, it is the desire of the'County of San Diego and all 27 parties to the Basic Agreement that the services of said County be 28 terminated; and 1 WHEREAS, all parties to the Basic Agreement desire that 2 Leucadia County Water District become the operator of the Encina 3 joint sewer system and thereby become the operator and adminis- 4 trator of said system; and • 5 WHEREAS, there has been1 presented to and unanimously approved 6 by the Joint Advisory Committee of the parties to the Basic Agree- 7 ment a proposed Eleventh Supplement to the Basic Agreement whereby 8 Leucadia County Water District would become the operator and admin- 9 istrator of the joint system; 10 NOW, THERFORE, BE IT RESOLVED by the City Council as follows: 11 1. That the City of Carlsbad does hereby approve and agree 12 to the Eleventh Supplement to the Basic Agreement, a copy of which 13 is attached hereto and by this reference incorporated herein. 14 2. That the Mayor of the City of Carlsbad is hereby author- 15 ized and directed to execute on behalf of the City of Carlsbad the 16 Eleventh Supplement to the Basic Agreement to provide that Leucadia 17 County Water District becomes operator and administrator of the 18 joint sewer system. 19 PASSED, APPROVED AND ADOPTED by the City Council of the City adjourned 20 of Carlsbad at an/regular meeting held the 29th day of May _ ' 21 1979, by the following vote, to wit: « 22 AYES: Council men Lewis, Anear and Skotnicki Councilman Casler 23 NOES: None 24 ABSENT: Mayor Packard 25 ATTEST: _ ___ 'RONALD C. /PACKARD, MAYOR26 ' — ' ANTHONY J^STOTNICKI, VICE-MAYOR 27 28 -2- __ ALETHA L . RAUTENKRANZ , CITY C RESOLUTION NO. 57871 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF 3 AN AGREEMENT TERMINATING THE SERVICES OF THE COUNTY OF SAN DIEGO AS OPERATOR OF THE ENCINA 4 JOINT SEWER SYSTEM . 5 WHEREAS, the County of San Diego has been and now is the * ' 6 operator of the Encina joint sewer system; and 7 WHEREAS, it is the desire .of the County of San Diego and all • t 8 parties to the Basic Agreement for operation of said joint sewer 9 system that as of July 1, 197-9, the County cease to be such oper- 10 ator; and .11 WHEREAS, the parties to said Basic Agreement have caused to 12 be prepared and submitted to this Council a proposed agreement 13 wherein and whereby the services of the County of San Diego as 14 operators of the Encina joint sewer system would terminate at 15 12:01 a.m. on July 1, 1979; and 16 -WHEREAS, it is in the best interest of this City that the 17 aforesaid agreement be approved; 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 19 City of Carlsbad as follows: 20 1. That the City of Carlsbad does hereby approve that cer- 21 tain agreement among the County of San Diego, Vista Sanitation Dis- 22 trict, Buena Sanitation District, City of Carlsbad, San Marcos 23 County Water District, Leucadia County Water District and Encinitas 24 Sanitary District, terminating the services of the County of San 25 Diego as operator of the Encina joint sewer system, a copy of 26 which is attached hereto and by this reference incorporated herein. 27 2. That the Mayor of the City of Carlsbad is hereby author- 28 ized and directed to execute on behalf of the City of Carlsbad 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 the agreement terminating the services of the County of San Diego as operator of the Encina joint sewer system. adjourned PASSED, APPROVED AND ADOPTED at am/regular meeting of the City Council of the City of Carlsbad held the 29th day of _ May _ , 1979, by the following vote, to wit: Councilmen Lewis, Anear and Skotnicki Council woman Casler None AYES: NOES: ABSENT: Mayor Packard , MAYOR ANTHOIK J. SKOTNICKI, VICE-MAYOR ATTEST: ALETHA L. RAUTENKRANZ,,CITY CLERK (SEAL) -2-