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HomeMy WebLinkAbout2000-03-14; City Council; 15653; Agreement With Vallecitos Water DistrictCITY OF CARLSBAD -AGENDA BILL 9B# 15; 6 53 TITLE: ’ APPROVAL AND AUTHORIZATION TO EXECUTE AN AGREEMENT BETWEEN VALLECITOS MTG. 03/14/2000 WATER DISTRICT AND THE CITY OF CARLSBAD FOR DEPT. CMWD EXCHANGE OF SEWAGE FLOWS, CMWD PROJECT CITYMGR NO. 99-103. se- RECOMMENDED ACTION: Adopt Resolution No.~ &o - 33 A pproval And Authorization To Execute An Agreement Between Vallecitos Water District and The City Of Carlsbad For Exchange Of Sewage Flows, CMWD Project No. 99-l 03. ITEM EXPLANATION: The Vallecitos Water District has requested sewer capacity on a permanent basis in the City’s sewer system for 80 homes in the Meadowlark Estates development project. This development project is located adjacent to the Carrillo Ranch development project at the easterly boundary of the City and south of Palomar Airport Road. The purpose of this request is to avoid the construction, and operation and maintenance expense of a sewage pumping station and forcemain for sewer service to Meadowlark Estates. The Engineering staff have evaluated the proposal and determined that there is sufficient capacity in the existing City sewer system to convey these flows to the Encina Water Pollution Control Facility. Vallecitos Water District proposes to pay to the City a one time capital facility charge of $ 963.00 per equivalent dwelling unit for 80 single family homes to provide for permanent use of the City’s sewer system. This capital facility charge was estimated based on costs expended to construct the sewer system in Carlsbad by Continental Homes in developing the Carrillo Ranch Project. The capital facility charge will be deposited in Sewer Benefit Area “H”, and refunded back to Continental Homes. Vallecitos Water District will also pay to the City, on a quarterly basis, one hundred percent (100 %) of the City’s sewer charge to pay for the proportionate share of the sewer systems operation and maintenance expense. The City’s sewer charge may be adjusted as required. The current rate is $ 13.00 per equivalent dwelling unit. Vallecitos Water District will maintain the collector sewer pipelines within their service area. Vallecitos Water District will also account for the sewage flows tributary to the 80 homes in the sewer capacity calculations at the Encina Water Pollution Control Facility. To avoid impacting the City’s treatment capacity, the sewer flows from the 80 homes will be deducted from the City’s flows into the treatment facility. The deducted flows will be added to Vallecitos Water District’s flows tributary to the treatment facility. An agreement was prepared to incorporate the items described above. The final version of the agreement includes staffs recommendation to have Vallecitos indemnify and hold harmless the City of Carlsbad for any injuries, damages, costs and judgements arising from this agreement plus the ability for the City of Carlsbad to adjust the cost of sewer services as needed. I 1 ? - Page 2 of Agenda Bill No. 15, 6 5 3 ENVIRONMENTAL REVIEW: Since the capacity of the City’s sewer system is adequate for the 80 additional homes, no additional environmental impact will occur. The project is within the scope of the prior environmental document for the Ranch0 Carrillo Addendum to Master Environmental Impact Report 93-01, and no new environmental documentation nor Public Resources Code 21081 findings are required. All feasible mitigation measures identified in the previous EIR 93-01 which are appropriate to this proposal have been incorporated into the proposed project. FISCAL IMPACT: The City will receive a one-time payment of $ 77,040 for payment of the capital facility charge. The City will also receive annual revenue totaling $ 14,400 (at the current sewer rate) from Vallecitos Water District to pay their proportionate share of monthly operation and maintenance expenses in the City’s sewer system. Future increases in the sewer service charge will be passed through to Vallecitos. EXHIBITS: 1. Location Map 2. Agreement between Vallecitos Water District and the City of Carlsbad for Exchange of Sewage Flows. 3. City of Carlsbad Resolution No. plOU0 - g 3 for Approval And Authorization To Execute An Agreement Between Vallecitos Water District and The City Of Carlsbad For Exchange Of Sewage Flows, CMWD Project No. 99-103. 2 WRITE IT - DON’T SAY IT! To Melissa (CMWD) From rsabelle Paulsen Date March 17, 2000 Cl Reply Wanted q lNo Reply Necessary 19 On this date, Merianne stopped by to let me know that only two originals were signed of the Agreement for Exchange of Sewer Flows between the Vallecitos Water District and the City. Merianne said to send you an "original" for your files and that you would furnish a copy to the Vallecitos Water District. - LOCATION MAP PRomsED 30’ PROJECT NAME: VALLECITOS WATER DISTRICT Project No. Exhibit No. MEADOWLARK ESTATES 99-l 03 1 3 AGREEMENT FOR EXCHANGE OF SEWAGE FLOWS BETWEEN THE VALLECITOS WATER DISTRICT AND THE CITY OF CARLSBAD (MEADOWLARK ESTATES/RANCH0 CARRILLO SEWER FLOW AGREEMENT) This Agreement for Exchange of Sewage Flows (“Agreement”) is made and entered into by and between the VALLECITOS WATER DISTRICT (“VALLECITOS”), a public agency organized and existing pursuant to the County Water District Law, California Water Code section 30000 et seq., and the CITY OF CARLSBAD (“CITY”), a municipal corporation of the State of California; with reference to the following recitals: R-E-C-I-T-A-L-S A. VALLECITOS and CITY are members of the Encina Wastewater Pollution Control Facility (“ENCINA”), through which member agencies own and operate facilities for the treatment and disposal of sewage effluent in the region. B. The land outfall sewer to ENCINA is owned and operated by VALLECITOS and provides sewer conveyance capacity for VALLECITOS and CITY from El Camino Real west to ENCINA. C. VALLECITOS and CITY desire to take advantage of more efficient and cost- effective transfers of certain sewage flows from VALLECITOS through CITY’s Ranch0 Canillo Sewer Facilities (“Ranch0 Carrillo Sewer”), which convey sewage to the land outfall sewer at El Camino Real, pursuant to the terms and conditions of this Agreement as shown on the attached Exhibit “A.” 4 D. VALLECITOS and CITY at all times shall remain responsible for providing sewer service to the customers and land owners within the respective boundaries of each agency. NOW, THEREFORE, it is agreed by and between the parties as follows: Section 1. Flow Exchange Area. VALLECITOS and CITY have determined that some customers may be better served by gravity sewage flows through the Ranch0 Carrillo Sewer, and VALLECITOS shall transfer specific sewage flows from eighty (80) single- family homes within the boundaries of VALLECITOS to the Ranch0 Carrillo Sewer as shown on the attached Exhibit “A.” Section 2. Canacitv Purchased. CITY has determined that adequate capacity is available and, as part of this Agreement, VALLECITOS agrees to pay CITY a one-time capital facility charge of $963.00 per equivalent dwelling unit, with an average flow of 220 gallons per day, for permanent use of the Ranch0 Carrillo Sewer by the 80 single-family homes as shown on the attached Exhibit “A.” Section 3. Discharge Standards. All transferred sewage flows from VALLECITOS to CITY shall meet federal, state, and local discharge requirements, which shall include all industrial waste discharge limitations. Section 4. Payment of Oneration & Maintenance Comnensation. To compensate CITY for costs of operation and maintenance of the Ranch0 Carrillo Sewer, VALLECITOS shall pay CITY quarterly a sum equal to one hundred percent (100%) of the CITY’s then 2 5 current sewer charge. Nothing in this Agreement shall restrict the CITY’s power to adjust its sewer service charges. The current rate is $13 per equivalent dwelling unit. Section 5. Maintenance of Facilities. It shall be VALLECITOS’ responsibility to maintain its sewer system in a state of repair and maintenance that will prevent excessive infiltration and inflow from entering the CITY’s Ranch0 Carrillo Sewer. Section 6. ENCINA Canacitv Adiustment. Flows from VALLECITOS to the Ranch0 Carrillo Sewer shall be allocated to VALLECITOS for purposes of capacity charges at ENCINA. VALLECITOS will provide an allowance for the connected flows and monthly flow reports to ensure CITY is not charged by ENCINA for flows from VALLECITOS. The adjustment will be based upon readings taken and reported at the VA1 meter site. Section 7. Miscellaneous Provisions. 7.1 In the event of any legal or equitable proceeding to enforce or Venue. interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the federal or state courts in or nearest to the North County Judicial District, County of San Diego, State of California. 7.2 Modification. This Agreement may not be altered in whole or in part except by a modification, in writing, executed by all the parties to this Agreement. 7.3 Incornoration of Service Agreement. This Agreement and the terms and conditions shall be incorporated by reference as an exhibit to the service agreement entered into by the agencies and the customer receiving the exchange of sewage flows. 6 . 7.4 Entire Agreement. This Agreement, together with all the exhibits attached to this Agreement, contains all representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda, or agreements are in conflict with this Agreement, are intended to be replaced in total by this Agreement and its exhibits. 7.5 Indemnification. VALLECITOS agrees to indemnify and hold the CITY, its officers, and employees harmless for any injuries, damages, costs, and judgments, which are caused by or are the result of any negligent or wrongful act or omission of VALLECITOS or arising from the exercise of any rights by VALLECITOS under this Agreement. 2000. 7.6 Effective Date. The effective date of this Agreement is , “VALLECITOS”: “CITY-: . VALLECITOS WATER DISTRICT CITY OF CARLSBAD Mayor BY City Clerk \ 3 PROPOSED 30’ EASEMENT TO CI-IY OF PDINT OF CONNECTION INDICATES LOTS TO BE SERVED 8Y CULS8AD, 80 UNITS. VW0 UND OUTFAlL EASEMENTTOVWD VALLECITOS WATER DISTRICT )ate: 12-6-99 I MEADOWLARK ESTATES Drawn By: P.C. Scale: 1” = 400’ LP.N. EXHJBIT “A” Dot. No. V.W.D. Chk. D.O.L. \ 8 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND AUTHORIZATION TO EXECUTE AN AGREEMENT BETWEEN VALLECITOS WATER DISTRICT AND THE CITY OF CARLSBAD FOR EXCHANGE OF SEWAGE FLOWS. CMWD PROJECT NO. 99-103. WHEREAS, the Vallecitos Water District has requested an exchange of sewer flows to provide sewer service for eighty (80) homes in its service area located in the Meadowlark Estates land development project; and WHEREAS, City Engineering staff has evaluated the request of Vallecitos Water District and has determined that their is sufficient capacity in the City’s sewer system; and WHEREAS, Vallecitos Water District will pay a one time charge of $ 963.00 per equivalent dwelling unit for eighty (80) homes to obtain capacity in the City’s sewer system for a total amount of $77,040 which will be deposited in the Sewer Benefit Area “H” fund; and WHEREAS, Vallecitos Water District will pay, on a quarterly basis, the city’s monthly sewer service charge for the eighty (80) homes for operation and maintenance expenses in the City’s sewer system with the understanding that the city may adjust the cost of sewer services as needed; and WHEREAS, sewage flows from the eighty (80) homes will be allocated to the Vallecitos Water District for purposes of capacity charges at the Encina Water Pollution Control Facility. 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. Ill Ill Ill Ill II 1 2 3 4 5 6 8 11 16 18 23 24 25 26 27 28 2. That the Mayor, as representative of the City of Carlsbad, is authorized and directed to execute the Agreement between Vallecitos Water District and the City of Carlsbad for the exchange of sewage flows, CMWD Project No. 99-l 03. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th day of MARCH t 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None 4TlEST: (SEAL) AGREEMENT FOR EXCHANGE OF SEWAGE FLOWS BETWEEN THE VALLECITOS WATER DISTRICT AND THE CITY OF CARLSBAD (MEADOWLARK ESTATES/RANCH0 CARRILLO SEWER FLOW AGREEMENT) This Agreement for Exchange of Sewage Flows (“Agreement”) is made and entered into by and between the VALLECITOS WATER DISTRICT (“VALLECITOS”), a public agency organized and existing pursuant to the County Water District Law, California Water Code section 30000 et seq., and the CITY OF CAIUSBAD (“CITY”), a municipal corporation of the State of California, with reference to the following recitals: R-E-C-I-T-A-L-S A. VALLECITOS and CITY are members of the Encina Wastewater Pollution Control Facility (“ENCINA”), through which member agencies own and operate facilities for the treatment and disposal of sewage effluent in the region. B. The land outfall sewer to ENCINA is owned and operated by VALLECITOS and provides sewer conveyance capacity for VALLECITOS and CITY from El Camino Real west to ENCINA. C. VALLECITOS and CITY desire to take advantage of more efficient and cost- effective transfers of certain sewage flows from VALLECITOS through CITY’s Ranch0 Carrillo Sewer Facilities (“Ranch0 Carrillo Sewer”), which convey sewage to the land outfall sewer at El Camino Real, pursuant to the terms and conditions of this Agreement as shown on the attached Exhibit “A.” D. VALLECITOS and CITY at all times shall remain responsible for providing sewer service to the customers and land owners within the respective boundaries of each agency. NOW, THEREFORE, it is agreed by and between the parties as follows: AGREEMENT Section 1. Flow ExchanPe Area. VALLECITOS and CITY have determined that some customers may be better served by gravity sewage flows through the Ranch0 Carrillo Sewer, and VALLECITOS shall transfer specific sewage flows from eighty (SO) single- family homes within the boundaries of VALLECITOS to the Ranch0 Carrillo Sewer as shown on the attached Exhibit “A.” Section 2. Canacitv Purchased. CITY has determined that adequate capacity is available and, as part of this Agreement, VALLECITOS agrees to pay CITY a one-time capital facility charge of $963.00 per equivalent dwelling unit, with an average flow of 220 gallons per day, for permanent use of the Ranch0 Carrillo Sewer by the 80 single-family homes as shown on the attached Exhibit “A.” Section 3. Discharge Standards. All transferred sewage flows from VALLECITOS to CITY shall meet federal, state, and local discharge requirements, which shall include all industrial waste discharge limitations. . Section 4. Pavment of Oneration & Maintenance Comnensation. To compensate CITY for costs of operation and maintenance of the Ranch0 Carrillo Sewer, VALLECITOS shall pay CITY quarterly a sum equal to one hundred percent (100%) of the CITY’s then 2 . . current sewer charge. Nothing in this Agreement shall restrict the CITY’s power to adjust its sewer service charges. The current rate is $13 per equivalent dwelling unit. Section 5. Maintenance of Facilities. It shall be VALLECITOS’ responsibility to maintain its sewer system in a state of repair and maintenance that will prevent excessive infiltration and inflow from entering the CITY’s Ranch0 Carrillo Sewer. Section 6. ENCINA Canacitv Adiustment. Flows from VALLECITOS to the Ranch0 Carrillo Sewer shall be allocated to VALLECITOS for purposes of capacity charges at ENCINA. VALLECITOS will provide an allowance for the connected flows and monthly flow reports to ensure CITY is not charged by ENCINA for flows from VALLECITOS. The adjustment will be based upon readings taken and reported at the VA1 meter site. Section 7. Miscellaneous Provisions. 7.1 In the event of any legal or equitable proceeding to enforce or Venue. interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the federal or state courts in or nearest to the North County Judicial District, County of San Diego, State of California. 7.2 Modification. This Agreement may not be altered in whole or in part except by a modification, in writing, executed by all the parties to this Agreement. 7.3 Incorporation of Service Agreement. This Agreement and the terms and conditions shall be incorporated by reference as an exhibit to the service agreement entered into by the agencies and the customer receiving the exchange of sewage flows. . 7.4 Entire APreement. This Agreement, together with all the exhibits attached to this Agreement, contains all representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda, or agreements are in conflict with this Agreement, are intended to be replaced in total by this Agreement and its exhibits. 7.5 Indemnification. VALLECITOS agrees to indemnify and hold the CITY, its officers, and employees harmless for any injuries, damages, costs, and judgments, which are caused by or are the result of any negligent or wrongful act or omission of VALLECITOS or arising from the exercise of any rights by VALLECITOS under this Agreement. 2000. 7.6 Effective Date. The effective date of this Agreement is mht26ft sy, “VALLECITOS”: “CITY”: ’ VALLECITOS WATER DISTRICT ard of Directors 4