Loading...
HomeMy WebLinkAbout1989-12-19; City Council; 10434; Encina Composting facility site acquisitionCIP*sOF CARLSBAD — AGEND^BILL < _l o AR« 0.43^ MTG. 12-19-89 DEPT. ENG. TITLE: ENCINA COMPOSTING FACILITY SITE ACQUISITION DEPT. HD.^SLv-//WPJfilTY ATTY Ci^ CITY MGR^5J^_ RECOMMENDED ACTION: Council adopt the following action authorizing the Encina Administrative Agency (EAA) to acquire a sludge composting site on behalf of the Encina Joint Powers agencies. 1. Approve Resolution No. f<?-44-'J adopting amendments to the Encina Joint Powers Basic Agreement granting the Encina Administrative Agency Powers to acquire property. 2. Authorize Mayor to execute the Agreement authorizing the Encina Administrative Agency to acquire a sludge composting site on behalf of the Encina member agencies. 3. Approve addition of $1,650,000 to the 1989/90 Encina Capital improvement Program budget. 4. Approve budget transfer of $350,000 from previously budgeted Options Purchase Account to Land Purchase Account. ITEM EXPLANATION: In order to insure a long-term solution for the disposal of sewage solid wastes, the Encina Joint Powers have been pursuing the development of a sludge composting facility. Prior to this year, efforts had been directed toward acquiring options for several properties of sufficient size to accommodate a regional facility capable of serving not only Encina but Oceanside, Escondido and other North County treatment facilities. A number of sites were explored in the Pauma Valley area with hopes that willing sellers would be encountered and options to acquire a number of sites could be negotiated within the adopted $350,000 budget. After several months of negotiations and public meetings, all candidate regional sites were abandoned. During that time the City of Oceanside decided to withdraw from the regional effort and to begin development of its own facility. Several months ago, the Encina Joint Powers determined to proceed on development of an "Encina alone" facility and to utilize, if necessary, condemnation powers to secure an appropriate site. At its November 14, 1989 meeting, the Encina Joint Advisory Committee approved a number of actions required to proceed actively to acquire a 70 acre site adjacent to the San Marcos landfill (see attached exhibit). The property is owned by SDG&E and is located wholly within the jurisdiction of San Diego County. The site is zoned estate residential and has been appraised at $2,000,000. PAGE TWO OF AB# The recommended actions amend the operating rules of the Encina JPA to allow the EAA to acquire property and enable utilizations of condemnation powers if required. The agreement authorizing EAA to acquire the property stipulates ownership of the land in proportion to the Encina Phase IV solids ownership, Carlsbad share being 24.32% Revised budget sheets are attached for approval. FISCAL IMPACT: The fiscal impact on the 1989-90 Encina Capital Improvement Program is a reallocation of $350,000 which was previously budgeted and increases the budgeted amount by $1,650,00 for a total of $2,000,000. Carlsbad's portion of the new allocation is $401,280 which would be charged to the Sewer Capital Construction Fund. Offsetting this $401,280 allocation will be a Phase II Vista Trust Fund refund in the amount of $343,408.00. It has been suggested by Encina staff that the actual acquisition price may substantially exceed the current $2.0 million appraisal. Should this occur, a further budget revision will be required as well as unanimous approval of the member agencies. EXHIBITS: 1. Agreement authorizing the EAA to acquire a sludge composting site. 2. Map of SDG&E site. 3. Encina Capital Improvement Program (revised October 1989). 4. Resolution No. ff?- ^^7 adopting amendments to the Encina Joint Powers Basic Agreement granting the EAA Powers to acquire property. November 14, 1989 AGREEMENT AUTHORIZING THE ENCINA ADMINISTRATIVE AGENCY TO ACQUIRE A SLUDGE COMPOSTING SITE ON BEHALF OF THE ENCINA MEMBER AGENCIES Ref: 7822 This Agreement entered into on this day of December 1989 by and among the CITY OF CARLSBAD, a general law city, the CITY OF VISTA, a general law city, the LEUCADIA COUNTY WATER DISTRICT, a county water district, the VALLECITOS WATER DISTRICT, a county water district, the ENCINITAS SANITARY DISTRICT, a county sanitary district, and the BUENA SANITATION DISTRICT, a county sanitation district, all hereinafter refered to as the PARTIES, and the Encina Administrative Agency, hereinafter refered to as the EAA. RECITALS; WHEREAS/ the PARTIES own and operate the Encina Joint Sewer System pursuant to a Joint Powers Agreement, commonly referred to as the "BASIC AGREEMENT", as supplemented and amended; and WHEREAS, the PARTIES are desirous of acquiring a parcel of land upon which to construct sludge composting facilities for use in connection with management of sludge from the Encina Water Pollution Control Facility; and WHEREAS, the Encina Administrative Agency (EAA) has been created by the PARTIES as the Operator/Administrator of the Encina Joint Sewer System; and WHEREAS, the PARTIES have granted the EAA powers to acquire lands including condemnation powers; and WHEREAS, the PARTIES desire said Operator/Administrator Page 2 of 4 acquire property on behalf of the PARTIES, for the purposes of establishing a sludge composting facility, through lease, purchase, or condemnation subject the terms and conditions specified herein. WHEREAS, in the event a compost facility site is acquired, subsequent agreements would be executed for the construction, operation, and maintenance of a facility by the PARTIES. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Authorization to Act on Behalf of PARTIES; For the purpose of facilitating the purchase of lands and rights of way for a sludge composting site, and the payment of all cost and expenses incurred by or to be paid in connection with acquiring the said sludge composting site, the EAA shall act on its own behalf and the behalf of the PARTIES in acquiring lands and rights of way, necessary for the construction of a sludge composting facility. 2. Budgeted Funds: As a condition precedent to the EAA acquiring property for the purposes of siting a composting facility, funds for the purchase price to acquire the property, must have been included in an EAA budget for such purposes and the budget must have been approved by the unanimous vote of the member agencies. 3. Condemnation; In the event condemnation is required to acquire the property, unanimous approval of the member agencies is required prior to initiating condemnation procedings. 4. Payment of Funds; The PARTIES shall pay or cause to be paid to the EAA the PARTY'S proportionate share of said approved budget apon demand by the EAA. Funds shall be provided by the PARTIES in the same percentage as the PARTY'S percentage of solids Page 3 of 4 capacity rights in Unit "I" upon completion of the Encina Phase IV Enlargement. The Encina Phase IV capacity rights are attached as Exhibit A. 5. Authority to Hold Title; In the event that such composting site is acquired as permitted herein, title to any such real property shall be taken in the name of the EAA, which title shall be held in trust for the PARTIES, until such time as the PARTIES unanimously agree that said title shall be conveyed to any one of the PARTIES or some other entity or public Joint Powers hereafter created by the PARTIES or their respective successors in interest. 6. Beneficial Interests of the PARTIES; The beneficial interest of each of the PARTIES in any real property acquired for such sludge composting site shall be in the same percentage as the PARTY'S percentage of solids capacity rights in Unit "I" upon completion of the Encina Phase IV Enlargement. 7. Execution in Counterparts; This Agreement may be executed in Counterparts, and when so executed by all PARTIES, all such counterparts shall be deemed to constitute a singe agreement among the PARTIES. 8. Authority for this Agreement; This agreement is made pursuant to the powers granted to Joint Powers by the provisions of Section 6500 et seq. of the California Government Code. CITY OF CARLSBAD Dated: BY: Page 4 of 4 CITY OF VISTA Dated:BY: LEDCADIA COUNTY WATER DISTRICT Dated:BY: VALLECITOS WATER DISTRICT Dated:BY: ENCINITAS SANITARY DISTRICT Dated:BY: BUENA SANITATION DISTRICT Dated:BY: ENCINA ADMINISTRATIVE AGENCY Dated:BY: EXHIBIT A Ref: 7822.5 ALLOCATION OF OWNERSHIP AND CAPACITY IN UNITS "I" AND "J" AGENCY VISTA CARLSBAD LCWD VALLECIT' BUENA ENCINITAS TOTAL I (liquid and solids) and Unit J (disposal) capacities and s upon completion of Phase IV shall be as follows: UNIT I UNIT J LIQUID SOLIDS DISPOSAL Cap, MGD 8. 9. 7. S 7. 2. 1. 36. 05 24 11 54 26 80 00 | Owner% 22 25 19 20 6 5 100 .36 .67 .75 .94 .28 .00 .00 Cap, MGD 1 Owner% 8 9 7 7 3 1 38 .05 .24 .86 .54 .51 .80 .00 21 24 20 19 9 4 100 .18 .32 .68 .84 .24 .74 .00 Cao. MGD 8. 9. 7. 7. 3. 1. 38. 05 24 86 54 51 80 00 | Owner% 21 24 20 19 9 4 100 .18 .32 .68 .84 .24 .74 .00 .--••:x';'/« •• • • ; < ( .' ^--'':.-* ( ' '-TT, *;/."/> <=*rfc V-••'•"-•.--•>.:•> ; •:":-- ^-;--^ !: "'~.^"-'/' WN-V^v ^^^ ^-^ ! ••; ^^»^-- - A/, V - .. - r_/-, v x . "~~"v ~^~'-V T^/?'- "XnKtor,". "'?''Cv--^»^/^^ \r-^-^^|^^ft ''\tt''Aw)\'A(^f /im-p• / 1 >"', v • » ~»—^— \\i»—-~\ /';i(fi/n""I^^S?S»W'• sS *- fi "S^^V \ * N < *• • *»"l~ • j-^yS .S ^ ^. ( /, ^i~-ix.*\ \. - . f t * * ' . . S S fcsss -"s?4^?r.r^- tSr/.v! N'^.' ^i>R:7t"U^r«.o:iJJS«fSiiV/ \<Jrv SJ^5J« : .^^/aSW^fvV^T-v .--- • VvN\i'\.<>5^^Vr/5/"'^-'^~V"^':-J--'<y \ *•- •' i"^"^ • ' " •'"•' ^^• PARCEL^-fe>;" I' . L*^*'***^?^'\\\' ^^^;<^' >/]i^^^^''^^^^c^^^''''.-',j) .••%5X,^• -irr^'f..(.. •.••>%. xl.i SDG&E SITE SCALE: 1' = 2000' FIGURE 2-2 ENCINA CAPITAL IMPROVEMENT PROGRAM (1) FY 1989/90 REVISED OCTOBER 1989 PROJECT Encina VPCF (Unit I) Phase IV (2) Design Construction Construction Construction Management (3) Office Engineering (3) Contingencies Building Improvements (idiin, Ops, fat)-Land, Design i Construct Plant Rehabilitation (4) Capital Acquisitions (5) Solids Management Encina-Only Solution (6) PI, financial/institut arrange- ments, site acquis, etc. Stage 1 Design Construction Stage 2 Design/Construction Ocean Outfall (Unit J) Effluent Pump fc. 3 (7) Phase IV Construction (2) Effluemt Pap to. 4/Surge Tower Interim Flo* Equalisation Contingencies Reballastimg Parallel Outfall (8) Planaimg, Design, Construction 1989-90 3150,000 814,414,000 »£80,000 1557,000 11, 580,000 •50,000 »133,300 1171,540 •2,324,500 •250,000 1232,000 1140,000 12,176,000 1253,000 1990-91 $100,000 $16,937,000 Si, 034,000 1278,000 11,694,000 •SO, 000 •41,500 •138,040 •35,500 •1,675,000 •165,000 •2,557,000 •272,000 1991-92 1992-93 1993-94 •5,220,000 •335,000 •144,000 •522,000 •650,000 «1, 375, 000 «1, 375, 000 •75,000 175,000 «75,000 •150,000 •150,000 •150,000 •5,455,000 «5, 455,000 ^ •45,000 •708,000 •75,000 •60,000 (1,300,000 Total 1994-09 1989-2009 •250,000 •36,571,000 •2,249,000 •979,000 •3,796,000 •3,500,000 •1,125,000 •1,524,800 •2,250,000 43,009,580 •2,360,000 •1,925,000 •10,910,000 •4,279,000 M, 279,000 •232,000 •350,000 •5,441,000 •600,000 •1,360,000 •34,960,000 •34,960,000 TOTAL-lita Eaciaa-Oaly Solids Bgmt •23,311,340 •24,977,040 •13,439,000 M,35S,000 •1,600,000 942,614.000 •114,296,380 Facility leplacement (9)•924,000 1924,000 •924,000 1924,000 •924,000 113,860,000 •18,480,000 Footaotee: 1. Plus* If costs expressed at mid-polit of cooatnictioB (or actual costs the* available). Ill otto costs expressed at EUll'SWO. Therefore, 'Total' colas* includes both present worth and projected costs and mas limited meaning. 2. Pending permits from Carlsbad, 4PCD, Coastal Commission, and RTOCB. 3. Phase If 01 aad Office Eagiaeeriig costs art for both taits I aad J. 4. Rajor capital outlays toward plant rehabilitation. Costs are included in Encina's operating budget. 5. Capital acquisitions (both new and replacement). Cost* are mot included is. Enciaa's oaeratieg budget. 6. Design and construction estimate! are based on Phase II KSSBS Project Report and January 1988 Vpdated Project Report. 7. Scheduled for completion by July 3, 1989. Funding carried over from FT 1988/89 CIP budget. 8. Ray be partial parallel. 9. These funds accumulated and held by individual agencies. . iir I'liA'it j •%••( ACCOUNT .,). NUMBER 1 MtMHTT III - !• IfcNUAIIUNS IWIIH l^*O/91 PROJECTIONS) PHEPAREUl 1 1/1/89 RECOMMENDED * 2 1986/87 1987/88 1988/89 1989/9O ACTUAL ACTUAL SECONDARY ACTUAL DESCRIPTION EXPEND. EXPEND. BUDGET TO It/88 1999/9O REQUESTED X 1 199O/91 PROJECTED X BUDGET CHANGE . ,^n? - PHASE in - B .1 KMJ. 1-48 41 1OO..1--4B 4 I I"O. 3-48 •* 1 l<.»j.4-48 * 1 li.iu.3 -48 41 H.iO.c,-48 •II II.H.I. 7 -48 -1 1 1 "O.8-48 41 K>O. 3-48 41 I 10.0-48 4111 1.O-48 1 1 1 I j.O -48 41 1 13.O-48 4 I 1 1 4 . i.i - 48 iJlHtH 41 1 I.M.J. I -49 SOLIDS SOLIDS SOLIDS SOLIDS SOLIDS SOLIDS SOL I DS SOL I OS SOLIDS SOLIDS SOLIDS SOLIDS SOLIDS STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY STUDY SOLIDS STUDY TOTAL SOLIDS - ENGINEERING - MISC. - LEGAL /JPA - ENVIROMENTAL - PUBLIC INFO - APPRAISER - NEGOTIATOR - LAND PURCHAS - FIELD TRIP - ADMIN/FINANC - OPTIONS PURC - CONTINGENCY - PERMITS - FACILITY DES STUDY EXPENSE BUILDING IMPROVEMENTS TOTAL BUILDING IMPROVEMENTS 120,098 5,430 O 0 0 O O O 0 0 O O O O 125,528 0 0 73, 233 9,201 4,70O O 1,899 0 0 O 0 2,OOO O 0 O O 91,O3S O 0 73,OOO 0 lOfOOO 193,OOO 13.00O 42,500 20,000 1,OOO,OOO 8,50O 8O,OOO 39,OOO 1,50O O O 1, 5OO.3OO O O 24,106 230 2,283 25,435 21,956 O O 0 7, 3fci- 0 0 O O 0 81,392 0 0 73,000 3OO 3,OOO 113,OOO 33,000 1OVOOO 10,OOO 2,000,OOO 3,OOO 1O,OOO O SO.OOO 15,CKX> 250,000 2,574,3OO 30,000 30,000 O.OX O.OX -7O.OX -41. 3Z 120.OZ -7B.3X -SO. OX 100. OX -41. 2X -87. SZ -100. OX 3233. 3X O.OZ O.OX 71. CX O.OX 0 O 500 O O 3,OOO O O O 3,OOO O 0 23,OOO O 1,673,000 1,710,300 5O,OOO 3O,OOO -1OO.OX O.OX -1OO.OZ -1OO.OX -84. 8Z -1OO.OX -1OO.OX O.OZ O.OZ -1OO.OZ O.OZ -30. OZ -1OO.OZ 37O.OZ -33. 6Z O.OZ 0 COPY 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. 89-447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AMENDMENTS TO THE ENCINA JOINT POWERS BASIC AGREEMENT GRANTING THE ENCINA ADMINISTRATIVE AGENCY POWERS TO ACQUIRE PROPERTY. WHEREAS, the City of Carlsbad is a party to the Encina Joint Powers Basic Agreement entered into on July 13, 1961, for the acquisition, construction, ownership, operation and maintenance of the Encina Joint Sewer System; and WHEREAS, the acquisition of a parcel of land upon which to construct sludge composting facilities for use in connection with management of sludge from the Encina Water Pollution Control Facility is desired and necessary; and WHEREAS, in connection with the acquisition of such a site, it may be necessary to exercise powers of condemnation; and WHEREAS, the Thirty-Seventh Supplement to the Basic Agreement, executed August 1, 1988, created the Encina Administrative Agency (EAA) to administer, manage, operate and maintain the Joint Sewer System but did not grant the EAA condemnation powers and did not explicitly empower the EAA to acquire property; and WHEREAS, the City Council of the City of Carlsbad, California has the ability and desires to grant to the said Operator/Administrator the power to condemn property for the acquisition of a site for use as a sludge composting facility and other future purposes; and WHEREAS, site may be located either within or outside the boundaries of the Encina service area. 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 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: Item 1. That Section 5 of the Basic Agreement is amended as follows: Section 5. RIGHTS OF WAY AND LAND ACQUISITIONS - EXPENSES. For the purpose of facilitating the purchase of land and rights of way for the Joint System and the payment of the cost of acquiring, constructing, maintaining and operating the Joint System, the Operator/Administrator, or any other party hereto as agreed upon by all parties hereto, shall act on its own behalf and on behalf of the other parties hereto, in acquiring lands and rights of way necessary for the Joint System for the ownership, operation, maintenance and use of the Joint System and in paying all costs and expenses incurred by or to be paid in connection therewith, and each of the other parties hereto shall pay or cause to be paid into the funds of said Operator/Administrator said party's proportionate share of said costs and expenses in accordance with the terms of a separate agreement approved unanimously by the member agencies. Item 2. That the Joint Powers Agreement for the creation of the EAA approved and adopted by the 37th Supplement to the Basic Agreement be amended by adding Section 3.3.14 to read as follows: 3.3.14 The power and authority to purchase, lease or condemn real property upon such terms and conditions as approved unanimously by the member agencies. Item 3. These amendments to the Basic Agreement shall become effective on the day of adoption of a resolution approving the amendments by the last of the 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 governing bodies of the member agencies to so act. Item 4. Following adoption of these amendments, the EAA shall issue a revised copy of the amended portions of the Basic Agreement and its Supplements. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of December . 1939 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None , Mayor ATTEST: ALETkA L. RAU3kNKR#NZ, City Clerk (SEAL) KAREN R. KUNDTZ, Deputy City Clerk