HomeMy WebLinkAbout1989-12-19; City Council; 10434; Encina Composting facility site acquisitionCIP*sOF CARLSBAD — AGEND^BILL
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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
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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
ȣ80,000
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
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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.
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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
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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