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HomeMy WebLinkAbout1987-05-12; City Council; 7158-13; Encina joint powers agreement supplementsCARLSBAD — AGENOQBILL AR« 7/5T-/3 MTG. 05/12/87 DEPT. ENG TITLE:THIRTY-THIRD AND THIRTY-FOURTH OTTTITUT TvmrTPvrrn m/"\ rntjT? T?XT/^TXTA T/"\TMTPSU PPLiTiMlliN T TO Trirj rj.NC.LNA J OXN 1 POWERS BASIC AGREEMENT — rrDEPT. HD.^ CITY ATTY\ CITY MGR.£ ty ?*- O UJ OccQ_ Q_ Oz I RECOMMENDED ACTION: Adopt Resolution No. <7&-5~'7 approving the Thirty-Third Supplement to the Encina Joint Powers Basic Agreement. Adopt Resolution No. iQ-£~o approving the Thirty-Fourth Supplement to the Encina Joint Powers Basic Agreement. ITEM EXPLANATION These two supplements are administrative clean-up items dealing with service boundaries, intra-basin pumping and Joint Advisory Committee voting procedures. Thirty-Third Supplement This supplement adopts an Encina Sewer Service Area Map delineating the total land area to be served by Encina and the boundaries of each of the Joint Agencies. This map is available for review in the Offices of the City Clerk and the City Engineer. Carlsbad's service area is conterminous with the City boun- daries excluding portions in the southeast quadrant served by the Leucadia County Water District and the San Marcos County Water District. The attached Growth Management Map is a fair approximation of the approved map. The Thirty-Third Supplement, in paragraph two, deletes previous provisions prohibiting pumping between basins. The prohibition was never enforced in the past and would unduly restrict future agency flexibility. Thirty-Fourth Supplement This supplement clarifies voting procedures of the Joint Advisory Committee. Under provisions of the current agreement, two representatives, or representatives and alternates, must vote on any issue related to the treatment plant or its out- fall. The proposed revision would allow one representative, or, in the absence of any representative, an alternate to cast votes on the City's entire proportionate share. The new procedure for voting is as follows: Councilmen Mamaux and Larson currently represent the City with the City Manager and City Engineer acting as alternates. If either Mr. Mamaux or Mr. Larson were absent, the other representative would vote the entire share. If both are absent, the City Manager and City Engineer would vote. If only one alternate is in atten- dance, they would vote the entire City share. PAGE 2 OF AGENDA BILL NO. 7/5"^ - 13 FISCAL IMPACT None. EXHIBITS 1. Sewer District Boundaries. 2. Resolution No. yO^T/ approving the Thirty-Third Supple- ment to the Encina Joint Powers Basic Agreement. 3. Resolution No. ^ &*£"& approving the Thirty-Fourth Supplement to the Encina Joint Powers Basic Agreement. FIGURE 10 SEWER DISTRICT BOUNDARIES SEPTEMBER 16. 1986 CANNON HO POINSETTIA IN CARLSBAD SEWER SERVICE AREA LEUCAOIA COUNTY WATER DISTRICT SAN MARCOS COUNTY WATER DISTRICT MELBO3 AVE -51-City of Carisbat 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 RESOLUTION NO. 9057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE THIRTY-THIRD SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT TO CHANGE THE SEWER SERVICE AREA AND TO DELETE PROHIBITION AGAINST PUMPING BETWEEN BASINS. 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 provides, among other things, for a designated geographical area to be served by the Joint Sewer System, which area was designated by an Exhibit "A" attached to the Basic Agreement; and WHEREAS, a provision of the Basic Agreement also prohibited pumping between the specific drainage basins that were designated in said agreement; and WHEREAS, by virtue of changes in the geographic boundaries of each member of the Encina Joint Powers and changes in the population projections for said members since creation of the Joint Powers, a need has arisen, and presently exists, to change the service areas to be served by the Encina Water Pollution Control Facility, and, to eliminate the prohibition against pumping between drainage basins; and WHEREAS, the Thirty-Third Supplement to the Basic Agreement provides for a change in the service areas and the elimination against pumping between drainage basins; and WHEREAS, the Joint Advisory Committee has considered and unanimously approved the Thirty-Third Supplement attached hereto and made a part hereof; and I 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 WHEREAS, it is in the best interests of this City to autho- rize execution of said Thirty-Third Supplement to the Basic Agree- ment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor of this City be, and is hereby, autho- rized to execute the Thirty-Third Supplement to the Encina Joint Powers Basic Agreement, which provides for a new service area to be served by the Encina Water Pollution Control Facility, and eliminates any prohibition against pumping between drainage basins. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of May , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None "'M^ W_ x^fO*? CLAUDE , Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cl^rk (SEAL) THIRTY-THIRD SUPPLEMENT TO BASIC AGREEMENT OF THE ENCINA JOINT POWERS AMENDING THE BASIC AGREEMENT TO CHANGE THE SEWER SERVICE AREA AND TO DELETE THE PROHIBITION AGAINST PUMPING BETWEEN BASINS This Thirty-Third Supplement is made and entered into this day of , 1987, 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. VISTA, CARLSBAD, BUENA, ENCINITAS, LEUCADIA, and SAN MARCOS own and operate a joint sewer sytem commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY (hereinafter "EWPCF"). B. The Encina Joint Powers Agreement was entered into on July 13, 1961, at which time there was attached and incorporated therein as Exhibit A which depicted the area to be served by the EWPCF. C. That by virtue of changes in the geographic boundaries of each member of the Encina Joint Powers and changes in population projections for said members since creation of the Encina Joint Powers, a need has arisen to change areas to be served by the EWPCF and to eliminate the existing prohibition against pumping between drainage basins. D. An Amendment to the Basic Agreement is for the best interests of the Encina Joint Powers and is necessary in order to make relevant population projections and develop a facilities i ! plan. E. At a regular meeting on January 28, 1987, of the Joint Advisory Committee to the Encina Joint Powers, the proposed service areas, as depicted on Exhibit A hereto, were unanimously approved. j F. This Thirty-Third Supplement to the Basic Agreement is made pursuant to the provision 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 exercise of powers common to all public agencies, each of which is authorized to contract with others pursuant thereto. NOW, THEREFORE, the parties hereto agree as follows: 1. That Exhibit "A" attached to this Thirty-Third Supplement be, and is, hereby substituted as Exhibit "A" to the Basic Agreement in place and instead of the Exhibit "A" provided for in subparagraph (a) of Section 3 of the Basic Agreement. 2. Section 4 of the Basic Agreement is hereby deleted, and a new Section 4 is hereby added to said Basic Agreement which shall read as follows: "Section 4. PUMPING BETWEEN DRAINAGE BASINS AND SERVICE AREAS. Notwithstanding anything to the contrary in this agreement, pumping between drainage basins and service areas shall be permitted in order to provide cost effective collection and treatment of wastewater. Such permitted pumping shall be at the discretion of each member of the Encina Joint Powers who deems pumping necessary or desirable." 3. This Supplement may be executed in counterparts, and upon execution thereof by all the parties set forth on Page 1 hereof, each such counter part shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this Thirty-Third Supplement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution No. on , 1987, CITY OF VISTA, BY: Mayor Approved by Resolution No. 9057 on May 12,1987, CITY OF CARLSBAD, CL5TOE A. LEWIS, Mayor Approved by Resolution No. on , 1987, Approved by Resolution No. on , 1987, LEUCADIA COUNTY WATER DISTRICT, BY: President BY: Secretary SAN MARCOS COUNTY WATER DISTRICT, BY: President BY: Secretary Approved by Resolution No. on , 1987, BUENA SANITATION DISTRICT, BY: BY: President Secretary Approved by Resolution ENCINITAS SANITARY DISTRICT, No. on , 1987. BY: President BY:_ Secretary c 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 RESOLUTION NO. 9058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE THIRTY-FOURTH SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT AMENDING SUBSECTION 4 OF SECTION 17.2 OF THE BASIC AGREEMENT ESTABLISHING VOTING PROCEDURES. 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, the existing agreements require a minimum of one representative and one alternate to vote on issues affecting the treatment plant (Unit 1) or the ocean outfall (Unit J); and WHEREAS, the absence of two representatives has from time to time resulted in non-action or delayed action by the Joint Advisory Committee; and WHEREAS, the Joint Advisory Committee wishes to prevent such delays and to clarify voting priorities; and WHEREAS, the Joint Advisory Committee has considered and unanimously approved the Thirty-Fourth Supplement attached hereto and made a part hereof; and WHEREAS, it is in the best interests of this City to autho- rize execution of said Thirty-Fourth Supplement to the Basic Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor of this City be, and is hereby, autho- rized to execute the Thirty-Fourth Supplement to the Encina Joint Powers Basic Agreement establishing voting procedures for the 1 w 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 Joint Advisory committee. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of May , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None 0/ // /// . /&S,«0 CIJAUDE A IS, Mayor ATTEST: - £ . RAUALETHA L. RAUTENKRANZ, City CJerk (SEAL) W THIRTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT AMENDING SECTION 17.2 THEREOF AND AMDENDING SECTION 18 OF THE ELEVENTH SUPPLEMENT TO CHANGE VOTING REQUIREMENTS FOR MEMBERS OF THE JOINT ADVISORY COMMITTEE This Thirty-Fourth Supplement is made and entered into this day of , 1987, 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 (hereinafter 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. Section 17.2 of the Seventh Supplement to the Basic Agreement provides in part that: "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 percentage of vote equal to one-half of the percentage capacity of the party he represents in the unit involved. Where a representative of a party to this Agreement is temporarily absent, his alternate shall cast the vote of the absent representative." (Emphasis added). -27- C. The mandatory language of Section 17.2 quoted above and the unavoidable absence of duly appointed members of the Joint Advisory Committee and their respective alternates, has from time to time resulted in non-action or delayed action by the Joint Advisory Committee. D. By virtue of the foregoing, it is in the best interests of all members of the Joint Powers to amend said Section 17.2. E. In order to prevent or a delay action by the Joint Advisory Committee it is necessary that at those meetings where only one duly appointed member or alternate is present, such members or alternate have the authority to vote for that member of the Joint Powers appointing said member or alternate. F. This Thirty-Fourth Supplement to the Basic Agreement is made pursuant to the provision 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 exercise of 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 others pursuant thereto. NOW, THEREFORE, the parties hereto agree as follows: SECTION 1; Subsection 4 of Section 17.2 of the Basic Agreement,, as modified by the Seventh Supplement to the Basic Agreement is hereby amended to read as follows: "To render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of the parties to this Agreement from time to time." -28- /-, "'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 regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the party he represents in the Unit involved. Where only one member is present, said member shall have a percentage of vote equal to the total percentage of capacity of the agency he/she represents. At any meeting where no regularly appointed member is present, each alternate of such regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the agency he/she represents. Provided, however, at any meeting where any member-agency of the Joint Powers is represented by only one alternate, said alternate shall have a percentage of vote equal to the total percentage of the capacity of the agency he/she represents. " "The recommendations of the Joint Advisory Committee shall be advisory only." "The administrator shall provide supplies and clerical and secretarial help for the Joint Advisory Committee & shall pay each representative (or alternate who attends a meeting by reason of the absence of a representative) an attendance fee of Twenty-Five Dollars ($25.00) for each meeting of the Joint Adviosry Committee, provided that the maximum payable hereunder to any one person is Fifty Dollars ($50.00) for each calendar month. The costs of such supplies and help and attendance fees, shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid monthly." SECTION 2; Section 8 of the Eleventh Supplement to the Basic Agreement is hereby amended to read as follows: "Section 18; Each report and recommendation of the Joint Advisory Committee permitted by Section 7 of the Seventh Supplement to the Basic Agreement shall be considered 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: "To render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of the parties to this Agreement from time to time." -29- I'i • "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 regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the party he represents in the Unit involved. Where only one member is present, said member shall have a percentage of vote equal to the total percentage of capacity of the agency he/she represents. At any meeting where no regularly appointed member is present, each alternate of such regularly appointed member shall have a percentage of vote equal to one-half of the percentage of capacity of the agency he/she represents. Provided, however, at any meeting where any member-agency of the Joint Powers is represented by only one alternate, said alternate shall have a percentage of vote equal to the total percentage of the capacity of the agency he/she represents. " "The recommendations of the Joint Advisory Committee shall be advisory only. " "The administrator shall provide supplies and clerical and secretarial help for the Joint Advisory Committee, and shall pay each representative (or alternate who attends a meeting by. reason of the absence of a representative) an attendance fee of Twenty-Five Dollars ($25.00) for each meeting of the Joint Adviosry Committee, provided that the maximum payable hereunder to any one person is Fifty Dollars ($50.00) for each calendar month. The costs of such supplies and help and attendance fees, shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid monthly." SECTION 3; 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 Thirty-Fourth Supplement to the Basic Agreement to be executed by its respective official heretofore duly authorized by the legislative bodies thereof. -30^ c Approved by Resolution No. on , 1987, Approved by Resolution No. 9058 on May 12 , 1987 Approved by Resolution No. on _^____ , 1987, Approved by Resolution N o. on ___ __, 1987, Approved by Resolution No. on , 1987. Approved by Resolution No.on , 1987, CITY OF VISTA, BY: Mayor CITY BY: CLAUDE A. LEWIS,1' Mayor BY: BY: BY: BY: BY: BY: LEUCADIA COUNTY WATER DISTRICT, President Secretary SAN MARCOS COUNTY WATER DISTRICT, President Secretary BUENA SANITATION DISTRICT, President Secretary ENCINITAS SANITARY DISTRICT, BY: BY: President Secretary -31-