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HomeMy WebLinkAbout1988-09-13; City Council; 9639; Vista/Carlsbad Wastewater Capacity Lease AgreementOF CARLSBAD — AGENQ BILL Mf) ARtt %3& MTG 09/13/88 DEPT. ENH TITLE: VISTA/CARLSBAD WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT DEPT. HE CITY ATT CITYMG Y\)£^> ^..^^l^t RECOMMENDED ACTION: o\ oz 1 Adopt Resolution ffo'r- approving and authorizing the Mayor to execute a Wastewater Treatment Capacity Lease Agreement with the City of Vista and directing staff to initiate an interim Growth Management fee to cover expenses incurred in connection with the Lease. ITEM EXPLANATION: In order to insure conformance to Growth Management standards for wastewater treatment capacity, the Council has previously adopted an action plan involving the following actions: Monitor Encina Treatment Plant flows on a monthly basis to determine actual flow rates and to have an early warning of capacity problems. Actively pursue acceleration and phasing of the Phase IV Treatment Plant expansion. When Carlsbad's share of Encina flows reach 5.25 million gallons per day (MGD), actively seek leased capacity from other Encina agencies. When Carlsbad Encina flows reach 5.45 MGD, proceed to activation of the Calavera Hills Water Reclamation Plant. In recent months, the staff has been actively pursuing this action plan, with the following results: The Phase IV expansion of Encina has been accelerated and is now scheduled to begin construction in July, 1989. A revised National Pollutant Discharge Elimination Systems (NPDES) Permit has been received to allow the operation of the Lake Calavera Hills Water Reclamation Plant. In February of this year, Carlsbad's reported flows at Encina reached 5.25 MGD. In conformance with the action plan, staff approached the City of Vista, the San Marcos County Water District, and the Encina Water Pollution Control Facility with proposals to lease additional treatment capacity. In May, Carlsbad's flows exceeded 5.45 MGD. In conformance with the action plan, staff initiated contacts with Encina staff to review the Lake Calavera Hills Reclamation Plant in preparation to begin operations. The proposed Wastewater Treatment Capacity Lease with Vista will provide Carlsbad with the additional capacity required to postpone further measures to activate the Lake Calavera Hills Water Reclamation Plant. In the absence of a Lease Agreement or activation of the Calavera Hills Plant, the City will no longer meet Growth Management Standards for wastewater treatment. PAGE TWO OF AB# Lease Agreement: The proposed Lease Agreement will provide interim capacity to Carlsbad in increasing amounts not to exceed the 1.2 MGD capacity available at the Lake Calavera Hills Water Reclamation facility. The Agreement is designed as a temporary measure, which will terminate at such time as Vista determines that adequate capacity is no longer available. Upon such determination, Vista will notify Carlsbad of the termination of the Lease. Upon notice, Carlsbad will have 180 days to activate the Calavera Water Reclamation Plant or obtain other alternative treatment capacity. To insure the viability of the Calavera plant, the Agreement requires that a 60-day operational test be conducted prior to July 1989. To effectively monitor flows for capacity availability and billing purposes, both agencies agree to install automatic flow reading devices within 180 days. The Agreement also provides Vista with the option of leasing outfall capacity from Carlsbad at some future date at a cost of $19,000 per year for each MGD or portion thereof. With installation of the third outfall pump at Encina, it is unlikely that this provision will be activated. Details as to amount and terms of this lease would be the subject of a future agreement. Should Carlsbad fail to perform its obligation to return capacity as stipulated in the Agreement or otherwise cause an infringement of capacity upon another Agency, the City agrees to hold Vista harmless from claims arising from such capacity infringements. FISCAL IMPACT: The proposed Agreement requires that Carlsbad pay all maintenance and operational costs at Encina associated with actual flows treated under the Agreement, and in addition an annual capacity availability charge of $30,000 for the first year, increasing by $30,000 each year thereafter to a maximum of $150,000 per year. Assuming that Phase IV expansion is completed in July, 1991, the Agreement would be in effect for a three-year period at a total cost of $180,000. In addition to the capacity availability charge, the Agreement stipulates installation of an automatic meter which is estimated to cost up to $30,000 to install, calibrate and operate. The repairs, testing and operational expenses at the Lake Calavera Hills Water Reclamation Plant are estimated at $50,000. It is recommended that $400,000 be appropriated in the Sewer Fund to pay for the metering program, capacity availability charges and repairs and operation of the Lake Calavera Hills Reclamation Plant. Maintenance and operational expenses will be incorporated into the annual budget process. PAGE THREE OF AB# Staff recommends that a temporary sewer connection Growth Management fee of $100 per EDU be established to recapture these funds. The fee will be removed upon completion of the Phase IV expansion. The $100 fee assumes that 4,000 EDU's would be allowed to sewer under the provision of this Agreement. Should the City be unable to effect a lease and it becomes necessary to activate the Lake Calvera Hills Water Reclamation Plant, the Sewer Master Plan estimates a capital cost of $1,605,000 and a net annual operation cost of $262,100 per year. The proposed lease will provide the most cost effective interim treatment capacity. EXHIBITS: 1. Resolution No. c'jr" approving a Vista/Carlsbad Wastewater Treatment Capacity Lease Agreement. 2. Wastewater Treatment Capacity Lease Agreement. 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. 88-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE LEASE OF WASTEWATER TREATMENT CAPACITY IN THE ENCINA WATER POLLUTION CONTROL FACILITY FROM THE CITY OF VISTA. WHEREAS, the City Manager recommends and the City Council concurs that there is a need to lease wastewater treatment capacity from the City of Vista; and WHEREAS, a lease agreement for the City of Vista to provide additional capacity to the City of Carlsbad has been negotiated; and WHEREAS, sufficient funds are available in the Sewer Fund to make payments necessary for meeting requirements of the 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 is authorized to execute the lease agreement between the City of Vista and the City of Carlsbad, California. 3. That Council appropriates $400,000 in the Sewer Fund for the lease of wastewater treatment capacity and for the purchase, installation and operation of wastewater flow metering devices. 4. That the City Engineer is directed to draft appropriate ordinances 2 to establish a Growth Management Sewer Connection Fee of $100 per equivalent 3 dwelling unit. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 5 Council held on the 13th _ day of September _ , 1988 by the 6 following vote, to wit: 7 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 8 NOES: None 9 ABSENT: None 10 n ATTEST: (I Alt*.12 ALETHA L. RAUTENKRANZ, City Cle,rk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "w WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT This Agreement is made and entered into to be 1988 by and between the City of Vista (hereinaftr "VISTA") and the City of Carlsbad (hereinafter "CARLSBAD"). RECITALS A. VISTA has wastewater treatment capacity in the Encina Water Pollution Control Facility ("ENCINA"). A portion of this wastewater treatment capacity not encumbered by prior Lease commitment is temporarily available for use by CARLSBAD for an interim period of time. B. CARLSBAD acknowledges that the future needs of VISTA require that the wastewater treatment capacity transferred therein be returned to VISTA upon the termination of this lease. C. CARLSBAD desires to obtain treatment capacity to cover the time period until Phase IV expansion of ENCINA PLANT is completed or other capacity is obtained. D. CARLSBAD acknowledges VISTA'S rights and responsibilities under existing Leases currently in effect with the Leucadia County Water District, the City of Oceanside and the Buena Sanitation District. E. The Leucadia County Water District currently has a lease of capacity from VISTA for 1.2 million gallons per day average annual dry weather flow (m.g .d .a.a.d . w. f . ) • This lease will expire at or before the start of Phase IV construction. At the present time, Leucadia is sending no flow to Vista under this lease. F. The City of Oceanside currently has a lease of capacity from VISTA for a maximum of 2.15 m. g . d .a . a. d . w. f . to serve the area of Oceanside south of Highway 78. The estimated flow from this area currently is 0.8 m. g . d . a. a . d . w. f . At the present time, Oceanside is sending no flow to VISTA under this lease. G. The Buena Sanitation District currently has a lease of capacity from VISTA for 0.3 m. g . d . a. a. d . w. f . Buena is utilizing the entire 0.3 m. g . d . a. a. d . w. f . under this lease. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows : 1. Transfer of Treatment Capacity. VISTA hereby leases to CARLSBAD and CARLSBAD hereby leases from VISTA a portion of VISTA'S wastewater treatment capacity in ENCINA in conforraance with all the terms and conditions of this lease. The amount of capacity leased shall vary based on CARLSBAD'S flow in excess of ENCINA capacity as reported on ENCINA flow and EDU reports. At no time shall the leased amount exceed 1,200,000 gallons per day average daily dry weather flow (g.p.d.a.d.d.w.f.). 2. Term of Lease. This lease shall begin upon approval by both agencies. 3. Termination of Lease. This lease shall terminate when any of the following occur: a. VISTA provides written notice to that VISTA in its sole reasonable discretion needs the capacity leased to CARLSBAD. CARLSBAD then has 180 days to replace the capacity through the following means: (1) Activation of Lake Calavera Hills Water Reclamation Plant. (2) Transfer of such flows for treatment by the City of Oceanside. (3) Provision of Lease Agreement with other Encina Joint Powers member agencies. b. The ENCINA Phase IV project is completed. c. CARLSBAD provides 30 day written notice to VISTA that CARLSBAD at its sole reasonable discretion does not need the capacity. 4. Encina Re-Rate. VISTA and CARLSBAD agree to pursue the re-rating of ENCINA to obtain additional treatment capacity. 5. Buena Sanitation District Flows. This Agreement will not limitin anyway VISTA'S ability to make leases with the Buena Sanitation District to meet Buena's shortfall of capacity. Any capacity leased to Buena Sanitation District will be assumed, for the purpose of this lease, to be flow derived from VISTA. • 6. Oceanside Flows. Any flow from the City of Oceanside provided for in the Vista/Oceanside Flow Transfer Agreement dated October 24, 1984, shall also be viewed, for the purpose of this lease, as flow from VISTA. 7. Activation of the Lake Calavera Hills Water Reclamation Plant. Prior to July, 1989, CARLSBAD shall perform a 60-day operational test of the Lake Calavera Hills Water Reclamation Plant. This test will include 30 days of operation with wastewater. All costs associated with the testing, repair and operation of the Lake Calavera Hills Water Reclamation Plant shall be borne by CARLSBAD. 8. Flow Determination. Flow quantities for purposes of this agreement shall be based on measurements reported in the monthly Encina Flow Report. CARLSBAD within 180 calendar days of execution of this lease shall install an ADS (brand) or equivalent acceptable meter at the outfall of the VISTA/CARLSBAD trunk into ENCINA. VISTA within 180 calendar days of execution shall install an ADS (brand) or equivalent acceptable meter at the VISTA metering station on the VISTA/CARLSBAD trunk. Measured flow shall be periodically verified through comparison with equivalent dwelling unit (EDU) information utilizing a flow rate of 210 gallons per EDU in both cities. 9. Payment. From the effective date of this lease CARLSBAD shall pay: (a) A capacity availability charge for the first year's lease of $30,000.00. Said charge is to increase each year thereafter by an additional $30,000.00 per year to a maximum annual charge of $150,000.00 per year. The first payment is due upon execution of the lease and all subsequent payments are due on the annual anniversary of this agreement. (b) When CARLSBAD'S flow at ENCINA exceeds its capacity, CARLSBAD shall also pay ENCINA operation and Maintenance costs associated with such excess flow as determined by the "use" component of the ENCINA Budget and any adjustments thereto approved by Encina. 10. Ocean Outfall Capacity. VISTA shall have the option of leasing outfall capacity for $19,000.00 per year payable only upon exercise of the option, 1988 dollars to be adjusted for inflation pursuant to the ENR index, for each one million gallons per day peak flow. The lease of outfall capacity shall be accomplished by a written agreement between VISTA and CARLSBAD. The terms shall include the terms of this Agreement as appropriate. This option shall expire when the lease of treatment capacity expires as provided for in Section 3 of this agreement. 11. Hold Harmless. CARLSBAD shall indemnify and hold VISTA harmless from any claims, losses, liabilities, or other damages due to capacity infringements, whether by act, error, or omission, on leased or owned capacity of other agencies due to CARLSBAD'S use of capacity under this Agreement. CARLSBAD shall likewise indemnify and hold VISTA harmless from any claims, losses, liabilities or other damages for CARLSBAD'S inability to meet the conditions of section 3(a) of this Agreement. All indemnifications and holding harmless in this paragraph shall include such costs as administrative fines and attorney fees, as well as any other costs. 12. Nonassignment. Neither this agreement nor the rights, obligations and duties of either party may be assigned, hypothecated, encumbered or transferred without the prior written approval of the other party. 13. Binding Nature. This Agreement and its terms, convenants and conditions shall apply to, inure to the benefit of, and bind the successors and assigns of the parties hereto. 14. Entire Agreement. This Agreement represents the entire agreement between the parties, superseding and replacing any prior negotiations, discussions or agreements of the parties relation to the subject matter hereof. 15. Amendment. This Agreement may be amended at any time by an agreement in writing signed by both parties. 16. Attorney's Fees. In the event of litigation to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees in addition to costs. 17. Written Notice. Any notice or other instrument required by this agreement shall be deemed delivered if deposited, certified mail, in the United States mail and addressed as follows: "VISTA" City of Vista 600 Eucalyptus Avenue Vista, CA 92083 Attn: City Manager "CARLSBAD" City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: City Manager Notice of a change of address shall be delivered in the same manner as any other notice provided by this paragraph, but shall not be deemed effective until received by the other party to this agreement. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the day and year first hereinabove written. CITY OF CARLSBAD 1 A/LEWlfe, Mayor CITY OF VISTA GLORIA E. MC CLELLAN, MAYOR ATTEST:ATTEST: ALETHA L. RAUTENKRANZ, City ""Clerk JO SEIBERT, CITY CLERK APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: NALD E. NULL, CITY ATTORNEY COPY