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Home My WebLink About1987-07-07; City Council; 7158-14; 35Th Supplement To Basic AgreementCARLSBAD - AGENDA BILL MTQ. 07/07/87 DEPT ENG TITLE:35TH SUPPLEMENT TO BASIC AGREEMENT OF ENCINA JOINT POWERS RECOMMENDED ACTION: Adopt Resolution No.approving the 35th Supplement to Basic Agreement of Encina Joint Powers. ITEM EXPLANATION The attached supplement extends the 31st Supplement allowing Oceanside and Vista to exchange flows on a short term emergency basis. Under the agreement nearly 1.0 million gallons per day of Oceanside flows are being treated at the Encina Treatment Plant. The 35th Supplement terminates no later than June 30, 1988. FISCAL IMPACT None. EXHIBITS 1. Transmittal letter from Roy H. Gann dated June 8, 1987. 2. 3. Resolution No.approving the 35th Supplement to Basic Agreement of Encina Joint Powers. 35th Supplement to Basic Agreement of Encina Joint Powers . Odca.QL O g Oz3 OO ROY H. GANN ATTORNEY AT LAW 35O WEST NINTH AVENUE, SUITE H POST OFFICE BOX 788 ESCONDIDO. CALIFORNIA S2OZ5 AREA CODE 610 TELEPHONE 743-3O22 June 8, 1987 Frank Aleshire, City Manager CITY OF CARLSBAD 1200 Elm Ave. Carlsbad, CA 92008 RE: 35th Supplement to Basic Agreement of Encina Joint Powers Dear Frank: Pursuant to the request of the Encina Staff, enclosed is a Resolution for adoption and a counterpart of the 35th Supplement. It is respectfully requested that the Resolution be submitted to the City Council for adoption, and when adopted, that a conformed copy be sent to the Encina Plant in order that the records at that facility be kept current. Your cooperation is appreciated. Very truly yours, ROY H. QANN RHG/meg Enclosures ITCOPY 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. 9139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF THE THIRTY-FIFTH SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT APPROVING AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF OCEANSIDE FOR TEMPORARY EXCHANGE OF FLOWS BETWEEN AGENCIES. WHEREAS, the City of Carlsbad 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, Section 4 of the Basic Agreement restricts service between drainage basins and service areas, and further provides in Section 13, that no party to the Basic Agreement shall, in any way, grant, encumber, limit, or restrict its interest in any part of said joint sewer system without the prior consent of the other parties to the Basic Agreement; and WHEREAS, pursuant to the requirements of the Basic Agreement, VISTA requested that the Encina Joint Powers approve of its said Agreement with OCEANSIDE, and, pursuant to said request the parties hereto adopted the Thirty-First Supplement to the Basic Agreement during the month of December 1985, which approved said agreement for exchange of flows and provided that it must be terminated no later than October 24, 1986; and WHEREAS, the time period has expired during which said agreement was agreed to remain in force and effect, and the Cities of Oceanside and Vista have requested that the Encina Joint Powers approve of an extension of said agreement to June 30, 1988; and WHEREAS, approval of said extension by the Encina Joint Powers is in the best interest of the public health, welfare and i 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 safety of the residents of certain portions of North San Diego County; and WHEREAS, the Thirty-Fifth Supplement has been submitted to, and approved by, the Joint Advisory Committee constituted by representatives of each party hereto; and WHEREAS, the Joint Advisory Committee has considered and unanimously approved the Thirty-Fifty Supplement, attached hereto and made a part hereof. 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 the City of Carlsbad be, and is hereby, authorized to execute the Thirty-Fifty Supplement to the Encina Joint Powers Basic Agreement, which provides for approval of an extension of an agreement between the Cities of Vista and Oceanside for temporary exchange of sewage between Agencies. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of July , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None , Mayor ATTEST: , city Clerk THIRTY-FIFTH SUPPLEMENT TO THE BASIC AGREEMENT APPROVING AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF OCEANSIDE FOR TEMPORARY EXCHANGE OF SEWAGE FLOWS BETWEEN AGENCIES. This Agreement made and entered into as of 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 (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. Section 4 of the Basic Agreement restricts service between drainage basins and service areas, and further provides in Section 13, that no party to the Basic Agreement shall, in any way, grant, encumber, limit, or restrict its interest in any part of said joint sewer system without the prior consent of the other parties to the Basic Agreement. C. On or about October 24, 1984, VISTA entered into an agreement with the CITY OF OCEANSIDE (hereafter "OCEANSIDE") for an exchange of wastewater flows. D. The agreement arose out of the fact that OCEANSIDE experienced an emergency in its wastewater treatment facilities that required corrective construction/ which construction is still in progress. E. 'Pursuant to the requirements of the Basic Agreement, VISTA requested that the Encina Joint Powers approve of its said agreement with OCEANSIDE, and, pursuant to said request the parties hereto adopted the Thirty-First Supplement to the Basic Agreement during the month of December 1985, which approved said agreement for exchange of flows and provided that it must be terminated no later than October 24, 1986. F. The time period has expired during which said agreement was agreed to be remain in force and effect, and, the i Cities of Oceanside and Vista have requested that the Encina Joint Powers approve of an extension of said agreement to a date certain. G. Approval of said extension by the Encina Joint Powers is in the best interest of the public health, welfare and t safety of the residents of certain portions of North San Diego County . H. This Supplement has been submitted to, and approved by, the Joint Advisory Committee constituted by representatives of each party hereto. — 2 — I. This Thirty-Fifth 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: Sectional. This document shall be the Thirty-Fifth Supple- ment to the Basic Agreement among the parties hereto. Section_2. That certain agreement oral agreement between VISTA and OCEANSIDE for exchange sewer capacity as approved by the provisions of the Thirty-First Supplement to the Basic Agreement is hereby approved to be continued on the same terms and conditions as set forth in said Thirty-First Supplement, except that the said agreement between Vista and Oceanside must be terminated no later than June 30, 1988. Provided,however, said agreement may be terminated by the parties thereto atiany time prior to the last mentioned date. 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-Fifth Supplement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution CITY OF VISTA, No. on , 1987. BY Mayor - 3 - Approved by Resolution No. 9139 on July 7 , 1987. CITY OF CARLSBAD, 3LAUDE A. LEWIS,Mayor Approved by Resolution No. on , 1987. LEUCADIA COUNTY WATER DISTRICT, BY Approved by Resolution No. on , 1987, Approved by Resolution No. on , 1987. Approved by Resolution No. on , 1987, SAN MARCOS COUNTY WATER DISTRICT, BY BUENA SANITATION DISTRICT, BY ENCINITAS SANITARY DISTRICT, BY - 4 -