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HomeMy WebLinkAbout1986-01-07; City Council; 7158-11; Thirty-First Supplement to the Encina Basic AgreementCITjQOF CARLSBAD - AGENDQBILL 'o 7, /I.A AB*7158-#11 MTG 1/7/86 DFPT U/M TITLE: THIRTY-FIRST SUPPLEMENT TO THE ENCINA BASIC AGREEMENT nPPT HD I[W * CITY ATTYM/^ CITY MQR. &*~ QLU Occ 0. Q. o 5 oz3 Oo RECOMMENDED ACTION: Approve Resolution No. 833 7 authorizing the Mayor to execute the thirty-first supplement to the Basic Agreement for the Encina Water Pollution Control Facility. ITEM EXPLANATION; The City of Vista and Oceanside have had a transfer agreement approved by the Encina members to transfer on a gallon per gallon basis, sewage between drainage basins. The respective service areas do not conform to drainage basins and thus the transfer agreement results in lower treatment costs by reducing pumping and maintains the capacity of the two agencies. This agreement is for an emergency connection to treat up to 1.5 MGD of Oceanside sewage originating in the Wilcox Triangle Area (south of Hwy. 78 and east of Carlsbad boundaries) for up to one year to allow Oceanside to complete construction of facilities to transfer the sewage to Oceanside facilities. This emergency connection is based on an agreement between Oceanside and Vista since the connection is to Vista facilities and the capacity to be utilized is existing capacity of Vista's. There is no direct impact on the other five agencies of Encina other than inter basin transfers and any possible effects on the Encina facility must be approved by the members. Vista is at risk for payments, capacity use and any other impacts. FISCAL IMPACT; There is no cost impact to this action. EXHIBITS; 1. Resolution No. &33 7 2. Thirty-first Supplement to Encina Basic Agreement RESOLUTION NO. 8327 RESOLUTION OF THE CITY COUNIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE THIRTY-FIRST SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT, APPROVING AN AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF OCEANSIDE WHEREAS, this City is a party to the Encina Joint Powers Basic Agreement for the construction, operation, and maintenance of the Encina Water Pollution Control Facility; and WHEREAS, said Basic Agreement requires, among other things, that the consent of the parties thereto must be had if the Encina Joint Sewer System is to be used for sewage outside the terri- torial limits of any member of the Encina Joint Powers; and WHEREAS, the City of Vista and the City of Oceanside have entered into an agreement providing for limited use of the Encina Sewer System by the City of Oceanside for a limited period of time by reason of an emergency existing in the City of Oceanside; and WHEREAS, said agreement has been considered and unanimously approved by the Joint Advisory Committee to the Encina Joint Powers; and . WHEREAS, it is in the best interests of this City to approve said agreement by authorizing execution of the Thirty-First Sup- plement to said Basic Agreement, which supplement approves the agreement between the City of Vista and the City of Oceanside. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF CARLSBAD as follows: Section 1. The Mayor of this City be, and is hereby, authorized to execute the Thirty-First Supplement to the Encina Joint Powers Basic Agreement, which supplement approves of the aforesaid agreement between the City of Vista and the City of Oceanside. Passed, approved, and adopted at a regular meeting of the City Council on the 7th day of January, 1986 , by the following votes, to wit: AYES: 5 NOES: 0 ABSENT: 0 f Mayor ATTEST: City Clerk THIRTY-FIRST SUPPLEMENT TO THE BASIC AGREEMENT APPROVING THE AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF OCEANSIDE FOR TEMPORARY EXCHANGE OF SEWAGE FLOWS BETWEEN AGENCIES AND ESTABLISHING CONDITIONS ATTENDANT THERETO This Agreement made and entered into as of this day of , 1986 , by and between the CITY OF CARLSBAD, a Municipal Corporation (hereafter "CARLSBAD"), CITY OF VISTA, a Municipal Corporation (hereafter "VISTA"), BUENA SANITATION DISTRICT, a County Sanitation District (hereafter "BUENA"), SAN MARCOS COUNTY WATER DISTRICT, a County Water District (hereafter "SAN MARCOS"), LEUCADIA COUNTY WATER DISTRICT, a County Water District (hereafter "LEUCADIA"), and ENCINITAS SANITARY DISTRICT, a Sanitary District (hereafter "ENCINITAS"). Recitals A. The parties hereto are parties to a written agreement for construction and operation of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY (hereafter Basic Agreement. Said Basic Agreement has been modified and supplemented from time to time by written agreements executed by the parties to said Basic Agreement. B. The Basic Agreement in Section 4 thereof restricts service between drainage basins and service areas, and Section 36 further provides that no party to the Basic Agreement will countenance the use of the sewage outside its territorial limits, except in the manner and to the extent consented to and agreed upon by each of the parties to the Basic Agreement. C. During the month of September, 1985, VISTA entered into an oral agreement with the CITY OF OCEANSIDE (hereafter "OCEANSIDE") whereby VISTA has permitted, and is permitting, OCEANSIDE to discharge wastewater into a portion of the Encina Joint Sewer System. D. The agreement arose out of the fact that OCEANSIDE experienced an emergency in its wastewater collection facilities. E. Pursuant to the requirements of the Basic Agreement, VISTA has requested that the Encina Joint Powers approve of its said agreement with OCEANSIDE. F. The Encina Joint Powers are desirous of approving said agreement subject to the terms and conditions set forth in this Supplement. G. This Supplement has been submitted to, and approved by, the Joint Advisory Committee constituted by representatives of each party hereto. H. This Thirty-First Supplement to the Basic Agreement is made pursuant to the provisions of Article I, 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 all public agencies. NOW, THEREFORE, the parties hereto agree as follows: Section 1. This document shall be the Thirty-First Supple- ment to the Basic Agreement among the parties hereto. Section 2. The aforesaid oral agreement between VISTA and OCEANSIDE is hereby approved subject to the following terms and conditions: -2- (a) Said agreement must be terminated no later than October 24, 1986. (b) The maximum average daily flow received by the EWPCF from OCEANSIDE shall not exceed 1.2 MGD. (c) The peak wet weather flow received by the EWPCF from OCEANSIDE shall not exceed 3.0 MGD (i.e., 1.2 MGD x 2.5). (d) All flows received by the EWPCF from OCEANSIDE must have as their origin the Buean Vista Creek Basin and Auga Hedionda Lagoon, and not otherwise. (e) Any capacity rights presently owned by VISTA in Units B through J, inclusive, of the Encina Joint Sewer System that are utilized by OCEANSIDE shall to that extent be charged to VISTA's capacity. (f) It shall be the sole responsibility of VISTA to pay for all flows received from OCEANSIDE at the EWPCF pursuant to and in accordance with the Financial and Revenue Plan as reflected in the 1985-1986 fiscal year budget adopted by the Encina Joint Powers and as will be adopted in the fiscal budget for the fiscal year 1986- 1987, provided said agreement between VISTA and OCEAN- SIDE is in force and effect during the 1986-1987 fiscal year. The foregoing is subject to adjustment as may be required by a final audit of the records of the EWPCF for the fiscal years during which said agreement is in effect. (g) The agreement between VISTA and OCEANSIDE may be termi- nated by either party prior to October 24, 1986. -3- (h) The Encina Joint Powers, acting by and through its administrator, LEUCADIA, may cease to accept any flows of wastewater from OCEANSIDE in the event that the capacity of VISTA in any of the Units B through J, inclusive, of the EWPCF is exceeded. Provided, how- ever, such cessation must be preceded by seven (7) days written notice. Further provided, however, in case of emergency as determined by the administrator (operator of the Joint System), OCEANSIDE shall interrupt its delivery of sewage when requested to do so by said ad- ministrator, to wit: Leucadia County Water District. (i) Transferred sewage flows from OCEANSIDE to VISTA shall be determined by metering through a structure con- structed by OCEANSIDE at the single point of connection upstream of the College Avenue crossing of Buena Vista Creek. OCEANSIDE flow to VISTA may also be determined by multiplying the number of EDU's connected to VISTA's system by 250 gallons per day if metered data is not available. (j) All wastewater received by the EWPCF must not violate an of the limitations and restrictions set forth in the ordinances of the City of Vista governing the discharge of wastewater into the sewer system of VISTA and the Encina Joint Sewer System. (k) VISTA shall be responsible for extraordinary costs incurred by the Joint Powers in receiving and treating any wastewater from OCEANSIDE. For the purpose of this paragraph, the term "extraordinary" means that the -4- staff of the EWPCF performs acts beyond those which are usual, regular, and customary in receiving and treating wastewater in Units B through J of the Encina Joint Sewer System. Section 3. This Supplement may be executed in counterparts, and upon execution thereof by all the parties set forth on Page 1 hereof, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this Thirty-First Supplement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution No. on , 1986 , Approved by Resolution NO. 8327 on January 7 1986 Approved by Resolution No. on , 1986 , CITY OF VISTA, BY Mayor CITY OF CARLSBAD, BY Mayor LEUCADIA COUNTY WATER DISTRICT, BY -5- Approved by Resolution No. on ' 1986 Approved by Resolution No. on f 1986 • Approved by Resolution No. on ' 1986 • SAN MARCOS COUNTY WATER DISTRICT, BY BUENA SANITATION DISTRICT, BY ENCINITAS SANITARY DISTRICT, BY -6-