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HomeMy WebLinkAbout1980-06-10; City Council; 6211-1; Encina Water Pollution facility capacityCITY OF CARLSBAD Initial : AGENDA BILL NO. DATE: DEPARTMENT: 6211 - Supplement #1 June 10, '1980 Public Works . npnT Hpan lv_ C. Atty \J/5S C. Mgr. t^t$L~<' . SUBJECT: ENCINA WATER POLLUTION CONTROL FACILITY CHANGE IN CAPACITY AND FUNCTION STATEMENT OF THE MATTER The City Council, on April 1, 1980, discussed the issue of rerating Encina from 13.75 MGD to 16.0 MGD and allowing the facility to function as a re- gional solids handling facility. Council, and the other five agencies comprising the Encina Joint Powers, approved both issues in concept. The Legal Counsel for the Encina Joint Powers has prepared and distributed the attached Fifteenth Supplement to the Basic Agreement and its approving resolution. EXHIBITS Resolution No. fayp^approving Fifteenth Supplement to Basic Agreement •Fifteenth Supplement to Basic Agreement FISCAL IMPACT There will be no direct fiscal impact relative to the rerating. Additional operational expenses will accrue as the capacity is used. RECOMMENDATION Adopt' Resoltuion No. (fS.0^ approving Fifteenth Supplement to Basic Agreement and authorizing the Mayor to execute on behalf of the City. COUNCIL ACTION 6-10-80: Council adopted Resolution No. 6205, approving Fifteenth Supplement to Basic Agreement and Authorizing the Mayor to execute on behalf of the City. RESOLUTION NO. 6205^ 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF THE FIFTEENTH SUPPLE- 2 MENT TO THE BASIC AGREEMENT FOR THE ENCINA JOINT SEWER SYSTEM TO PROVIDE RERATING FROM 13.75 MGD TO 16.0 MGD AND 3 FOR APPORTIONMENT OF INCREASED CAPACITY, AND FOR THE JOINT SYSTEM TO BECOME A REGIONAL SOLIDS HANDLING FACILITY 4 5 WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County' 6 Water District, San Marcos County Water District, Buena Sanitation District and 7 Encinitas Sanitary District are parties to a Joint Powers Agreement (Basic Agree- 8 ment) which provides for the operation and maintenance of a joint sewer system 9 commonly known as the Encina Water Pollution Control Facility (EWPCF); and XO WHEREAS, from 1965 to the present the design capacity of the joint sewer 11 system has been increased from 3-75 million gallons per day (MGD) average daily 12 flow (ADF) to 13.75 MGD ADF; and 13 WHEREAS, the system is currently providing primary treatment for 12.3 MGD 14 prior to discharge in the ocean outfall; and 15 WHEREAS, the joint sewer system has a capacity to treat 16.0 MGD ADF and 16 the peak wet weather capacity of said system is 3^.8 MGD; and 17 WHEREAS, the demands for disposal and treatment of wastewater have so in- 18 creased since inception of the joint system as to require that the total capaci- 19 ty be rerated from 13-75 MGD to 16.0 MGD and that the increased capacity of 2.75 20 MGD be apportioned among the members of the joint powers; and 21 WHEREAS, the best interests of the inhabitants of this City will be served 22 by increasing such capacity; and 23 WHEREAS, all members of the joint powers agreement for operation of said 24 sewer system have determined that the health, safety and welfare of the inhabi- 25 tants within the jurisdiction of each member of the joint powers will be better 26 served by having the sewer system presently become a Regional Solids Handling 27 Facility; and • 28 WHEREAS, there has been presented to the City Council of this City a 24 25 proposed Fifteenth Supplement to the Basic Agreement which would increase the capacity of said EWPCF and cause said system to promptly become a Regional Solids Handling Fac.il ity; and WHEREAS, the Joint Advisory Committee to all the parties to the Basic Agreement has unanimously approved the proposed Fifteenth Supplement to the Basic Agreement; and WHEREAS, it is in the best interest of this City to execute said Fifteenth Supplement, a copy of which is attached hereto and incorporated hereby by ref- erence; NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: 1. That the City of Carlsbad does hereby approve and agree to the Fif- teenth Supplement to the Basic Agreement; 2. That the Mayor of the City of Carlsbad is hereby authorized and di- rected to execute on behalf of the City of Carlsbad the Fifteenth Supplement to the Basic Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a/ar%°ujlrar^cmeeting held the 10th day of June , 1980, by the follow- ing vote, to wi t: AYES: Councilman Packard, Lewis, Councilwomen Casler and Kulchin NOES: None ABSENT: Councilman Anear ATTEST: ^S^OsyL* ALETHA L. RAUTENKRANZ, CITY CLERK~J~ 27 (T- (SEAL) -2- FIFTEENTH SUPPLEMENT™!) BASIC AGREEMENT PROVIDING TOR RERATING OF ENCINA WATER POLLUTION CONTROL FACILITIES FROM 13.75 MGD to 16.0 MGD AND FOR APPORTIONMENT OF INCREASED CAPACITY; AND FOR EWPCF TO BECOME A REGIONAL SOLIDS HANDLING FACILITY This Fifteenth Supplement is made and entered into this day of , 1980, by and among: VISTA SANI- TATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law City; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; 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 Sani- tary District. RECITALS: A. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS own and operate the Encina Water Pollution Control Facility and Ocean Outfall (and related facilities); hereafter referred to as "EWPCF". B. By agreement dated July 13, 1961, VISTA and CARLSBAD entered into the "BASIC AGREEMENT" for the acquisi- tion, construction and operation of the EWPCF. The other parties hereto became parties to said BASIC AGREEMENT by virtue of Supplements thereto. C. At the time said BASIC AGREEMENT was entered into, the EWPCF was designed to have a minimum capacity to receive and treat and dispose of three and one- half (3.50 million gallons average daily flow of sewage, and upon commencement of operation in September, 1965, provided primary treatment for ADWT capacity of 4.50 MGD. D. The EWPCF is presently capable of treating an average daily wastewater flow of 16.0 MGD, as well as treating solids from 20.9 MGD of wastewater flow. The peak wet weather flow capacity of said facility is 34.8 MGD. ;, -1- QApproximately 12.3 MGD of wasTewater is presently provided primary treatment at the EWPCF prior to discharge through the Ocean Outfall. F. The present design rating of the EWPCF is 13.75 MGD, and it is contemplated by the parties hereto that upon completion of Phase III Upgrading and Enlargement, which is now in progress, that the EWPCF will have a rated capacity of 18.0 MGD. G. The Joint Advisory Committee to the herein Joint Powers has unanimously approved the capacity of each party in the EWPCF so that the total capacity of all members in the facility will be 16.0 MGD, average daily flow, upon execution of this agreement by all parties. H. The increased capacity from 13.75 MGD to 16.0 MGD, average daily flow, will be apportioned among the parties in the same percentage that each party's percentage of ownership in the facility bears to the total ownership of all parties hereto. I. The demands for disposal and treatment of wastewater within the jurisdiction of each party hereto have Increased so as to require for the best interest of the inhabitants therein that the rerating agreed to herein be accomplished forthwith. J. The best interest of all parties hereto and the inhabi- tants of the geographical areas over which the res- pective parties hereto exercise control require that the EWPCF become a Regional Solids Handling Facility, and the Joint Advisory Committee to the herein Joint Powers have unanimously approved that concept. K. This Fifteenth 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 -2- 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. NOW, THEREFORE, in consideration of the promises, cove- nants, and agreements herein contained, the parties hereto agree as follows: SECTION 1. This agreement shall be a supplement to, and form a part of, the Basic Agreement, as amended and supplemented. SECTION 2. The rated capacity of the EWPCF shall be increased from 13.75 MGD ADF to 16.0 MGD ADF pending completion of Phase III Upgrading and Enlargement, and further modification of the Basic Agreement. SECTION 3. The capacity of each of the parties hereto for discharge of wastewater into the EWPCF - - : • « shall forthwith be increased by the following million gallons per day (MGD): CITY OF CARLSBAD: 0.562 VISTA: 0.664 BUENA: 0.102 SAN MARCOS: 0.392 LEUCADIA: 0.368 ENCINITAS: 0.163 SECTION 4. The table set forth below is a true and accurate statement of the following: (a) Percentage of ownership of each party ^ . in the EWPCF; (jb) The capacity of each party in the EWPCF ^ based on 13.75 MGD. (_c) The capacity of each party in the EWPCF in MGD ADF based on 16.0 MGD ADF. (d) The increase in MGD ADF of each party ; by reason of rerating from 13.75 MGD I ADF to 16.0 MGD ADF.: -3- AGENCY % CARLSBAD VISTA BUENA SAN MARCOS LEUCADIA ENCINITAS SECTION OWNERSHIP 24.95 29.46 4.51 17.45 16.36 7.27 5. The 13.75 MGD ADF CAPACITY 3.430 4.050 0.620 2.400 2.250 1.000 EWPCF shall become 16 MGD ADF CAPACITY 3.992 4.714 0.722 2.792 2.618 1.163 a Regional CAPACITY INCREASE 0.562 0.664 0.102 0.392 0.368 0.163 Solids Handling Facility, and each party hereto shall cooperate in the development and execution of an agreement for the apportion-- ment of costs for the operation and mainte- nance of the facility by reason of such solids handling. Provided, however, pending further amendment of the Basic Agreement, the agree- ments heretofore entered into among the parties hereto regarding apportionment of cost for the operation of the facility shall remain in force and effect. SECTION 6. Each party shall, insofar as legally per- misible, execute and deliver any documents necessary to obtain any permit from the State, Federal, County or local agency having regu- latory powers over the EWPCF or any part thereof, which results from the rerating described herein and/or the operation of said facility as a Regional Solids Handling Facility. SECTION 7. This agreement may be executed in counter- parts, and upon execution thereof by all of the -parties named on page one hereof, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this Fifteenth Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. -4- Approved by resolution No on No ^30^ on No on No on No on No on VISTA SANITATION DISTRICT BY: CITY OF CARLSBAD BUENA SANITATION DISTRICT B SAN MARCOS COUNTY WATER DISTRICT LEUCADIA COUNTY WATER DISTRICT ENCINITAS SANITARY DISTRICT T5Y1 -5-