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Home My WebLink About1980-11-18; City Council; 6434; Encinitas Sanitary District Leased Sewer Capacity_ __ " """ Initial: AGENDA BILL NO. ^/T^iT De.pt. Head DATE: NOVEMBER 18, 1980 • C~ty At:ty * City Mgr. DEPARTMENT: CITY MANAGER ' Subject: ENCINITAS SANITARY DISTRICT LEASED 'SEWER CAPACITY S t a t ernen t of the Ma 11 er La Costa Land Company has asked the City to assign its 75,000 gallons per day leased' sewer capacity to San Marcos County Water District. Carlsbad obtained the excess capacity in 1977. The Council at that time expected that Carlsbad's owned sewer capacity would be exceeded before the Encina plant was expanded. Due' to rerating of Encina and a slower growth rate than expected, we have not needed the leased capacity. • Encina Phase III will be completed in March 1983. Carlsbad now owns 3.43 mgd sewer capacity at Encina which should be adequate to handle our projected growth until 1983. Both San Marcos County Water District and Encinitas Water District Boards have approved this assignment in principle. FISCAL IMPACT The City is 'Currently paying $4,062.50 per-quarter to the Encinitas Sanitary District. There are approximately nine quarters remaining until scheduled completion of Phase III. Assignment of the. capacity would result in a savings of•approximately $36,000. EXHIBIT 1. Resolution No. &370L, 2. Exhibit A, Agreement between City of Carlsbad and San Marcos Co. 3. Agreement between Encinitas /Water District. Sanitary District, and City of Carlsbad. RECOMMENDATION - Staff recommends that the City Council adopt Resolution approving the assignment of lease capacity to the San. Marcos County Water District. - - Council Action: 11-18-80 Council adopted Resolution 6372. COw SS uj z « <o £ - m H CJ 1 2 3 4 5 6 7 8 9 10 11 12 13 K'S 8 o'"sl I4 §Mi^ 15 5 Q 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS COUNTY WATER DISTRICT FOR THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER, 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 the San Marcos County Water District for the assignment of the agreement between the Encinitas Sanitary District and the City of Carlsbad for interim treatment and disposal of sewage and wastewater, a copy of which is attached hereto marked Exhibit A and made a part hereof, 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 of Nnypmher ' 198° by tne following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None <^~~? ^^~) &t.-t->V/f^>&\ •£~ & &C^A^ 'RONALD C. PACKARD, Mayoi ATTEST:/? x-i -V / '? / ALETHA L. RAUTENKRANZ, City Clerkj<r (SEAL) EXHIBIT A TO CITY COUNCIL RESOLUTJ^N N0._6372 _ AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS COUNTY WATER DISTRICT FOR THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE ENCINITAS' SANITARY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER - THIS AGREEMENT is made and entered into to be effective January 1, 1981, by and between the SAN MARCOS COUNTY WATER DISTRICT ("San Marcos") and the CITY OF CARLSBAD ("Carlsbad"). RECITALS 1. Encinitas and Carlsbad have entered into an agreement for the interim treatment and disposal of sewage and wastewater ("the Agreement"), a copy of which is attached hereto and made a part hereof. 2. Carlsbad has not utilized the leased capacity provided by the Agreement and is not in a position to do so prior to the September 30, 1982 expiration date when the capacity must be returned to Encinitas. 3. San Marcos has a need for additional wastewater treat- ment capacity and wishes to acquire all of Carlsbad's rights and assume all of Carlsbad's obligations under the agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: 1. Carlsbad hereby assigns to San Marcos all of Carlsbad's rights under the Agreement. 2. San Marcos agrees to assume all of Carlsbad's obli- " • - • ' • \ ga'tions to Encinitas under the Agreement, including but not limited to: A. The obligation to make the quarterly payment to commence with the payment due January 1, 1981; and B. The obligation to return the leased capacity to Encinitas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. SAN MARCOS COUNTY WATER DISTRICT ATTEST: President Secretary CITY OF CARLSBAD ALETHA L. RAUTENKRANZ, City Clerk ^ - /v-x^-V //' jSs/ I ff f / <y' ^*7 •*" ^^^ ^- -^'V/s^ / //••"'* •* j i '•• \ vv_^-- "•• *i /'-^ i^"^*^.-*^ ~fCr--^i*~i-rf!^ x. RONALD C. PACKARD, Mayor The Encinitas Sanitary District consents to the assignment of Carlsbad's rights and obligations under the Agreement to San Marcos. ENCINITAS SANITARY DISTRICT President APPROVED AS VINCENT P. Secretary ity Attorney /| /^7v/ //. ,.. Dahkel S. Heritschl^e, Assistant City Attorney ^2. .AGREEMENT BETWEEN THE ENCINITAS SANITTTRY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AMD WASTEWATER This Agreement is made and entered into to be effective October 1, 1977, by and between the ENCINITAS SANITARY DISTRICT ("Encinitas")r a sanitary district, and the CITY OF'CARLSBAD ("Carlsbad"), a municipal corporation. ._' ..'... 'RECITALS: 1. Encinitas has v/astewater treatment capacity in the Encina - Water Pollution Control Facility ("Encina"). A portion of this v;astewate"r treatment capacity is temporarily available for lease by Encinitas"to Carlsbad for a sixty (60) month period, unless * • sooner terminated as set forth below in Paragraph (1). 2.: Encina is presently in the process of enlarging its waste— Y?ater treatment facility. It is contemplated•by the parties to" this Agreement that said enlargement will be completed within . ' . • */'sixty (60) months. 3. Carlsbad acknowledges that the future needs of Encinitas V7ill require that the wastewater treatment capacity leased herein » be returned to Encinitas no later than September 30, 1982. In the event Carlsbad does not return said wastewater treatment capacity as herein required, then Carlsbad agrees to provide .075 MGD (75,000 • • ** ' • gallons) of alternate wastewater treatment processes, as provided by law, solely at the cost of Carlsbad. 4. Carlsbad agrees to pay all costs for transportation, treatment and disposal of wastewatcrs which are incurred because of leased capacity rights granted in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: (1) Encinitas hereby leases to Carlsbad, and Carlsbad hereby leases from Encinitas, a portion of Encinitas's surplus wastewater treatment capacity in Encina of .075 MGD (75,000 gallons per day) for the period from October 1, 1977 to September 30, 1982, except that this lease shall automatically terminate upon the completion of the current enlargement program now taking place at Encina known as Phase III, if .said program is completed before September 30, 1982." (2) Carlsbad agrees to pay Encinitas Sixteen Thousand Two Hundred Fifty ($16,250.00) Dollars per year for said leased capacity rights.; The amount due shall be paid quarterly, in advance, commencing with a Four Thousand Sixty Two and 50/100 ($4,062.50) Dollar payment on October 1, 1977. . . *' : (3) Any notice or payment to be given hereunder may be given by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: Encinitas Sanitary District City.of Carlsbad . p." O. Box 99 1200 Elm Street Encinitas, CA 92024 Carlsbad, CA 9200S IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ENCINITAS SAHITXRY DISTRICT President. Secretary CITY OF/ CARLSBAD ,