HomeMy WebLinkAbout2011-07-12; City Council; 20619; Amending agreement with Vista for sewer ops/maintCITY OF CARLSBAD - AGENDA BILL
AB* 20.619
MTG. 7/12/11
DEPT. UTIL
APPROVE FIRST AMENDMENT WITH CITY OF VISTA
AGREEMENT FOR OWNERSHIP, OPERATION AND
MAINTENANCE OF THE VISTA/CARLSBAD
INTERCEPTOR SEWER
DEPT. DIRECTOR^/y^/
CITY ATTORNEY V £f<_
CITY MANAGER ///\r
RECOMMENDED ACTION:
Adopt Resolution No. 2011-164 to approve the First Amendment to the Agreement for Ownership,
Operation and Maintenance for the Vista/Carlsbad Interceptor Sewer between the City of Carlsbad
and the City of Vista.
ITEM EXPLANATION:
Background
The Vista/Carlsbad Interceptor Sewer extends from the Encina Water Pollution Control Facility north
to the City of Vista. This sewer is separated into pipeline Reaches 1 through 15. On February 26,
2002, the City of Vista and the City of Carlsbad entered into a master agreement titled "Agreement for
Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer". The Master
Agreement requires the cities of Vista and Carlsbad to pay their proportionate share of improvements
to the Vista/Carlsbad Interceptor Sewer.
The City of Vista has applied to the Clean Water State Revolving Funding (CWSRF) Program
administered by State Water Resource Control Board (SWRCB) to fund their proportional share of the
costs for sewer improvements to the Vista/Carlsbad Interceptor Sewer. The CWSRF program
requires Vista to execute a CWSRF Installment Sales Agreement with SWRCB. The CWSRF
Installment Sales Agreement requires that Operations and Maintenance of the Vista/Carlsbad
Interceptor Sewer continue in effect for the term of the CWSRF Installment Sales Agreement, which is
for twenty years.
The term of the current Master Agreement expires February 26, 2022. This First Amendment extends
the Master Agreement until December 31, 2032. The Master Agreement allows for the extension of
said Agreement for 2 additional 10-year periods.
The City of Vista executed the First Amendment to the Agreement for Ownership, Operation and
Maintenance for the Vista/Carlsbad Interceptor Sewer between the City of Carlsbad and the City of
Vista on June 14, 2011.
DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED *
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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ENVIRONMENTAL IMPACT:
Authorizing an amendment to the agreement tor ownership, operation, and maintenance of the
Vista/Carlsbad Interceptor Sewer does not qualify as a "project" under the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15378, as it does not result in a direct or
reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
The City of Vista and the City of Carlsbad entered into a master agreement for ownership, operation,
and maintenance of the Vista/Carlsbad Interceptor Sewer on February 26, 2002. No changes in terms
of ownership or maintenance costs are associated with this Amendment.
EXHIBITS:
1. Location Map.
2. Resolution No. 2011-164 to approve the First Amendment to the Agreement for
Ownership, Operation and Maintenance for the Vista/Carlsbad Interceptor Sewer between the
City of Carlsbad and the City of Vista.
3. First Amendment to the Agreement for Ownership, Operation and Maintenance for the
Vista/Carlsbad Interceptor Sewer between the City of Carlsbad and the City of Vista.
LOCATION MAP
BUENA VISTA
LIFT STATION
LEGEND:
VISTA
METER STATION
VC1 - VC15
ENCINA WATER
POLLUTION
CONTROL FACILITY'
PROJECT NAME
0 & M AGREEMENT FOR VISTA/CARLSBAD
INTECEPTOR SEWER REACHES VC1 THROUGH VC15
EXHIBIT
1
DRAWN BY: SCOTT EVANS: CARLSBAD UTILITIES DEPT. 6/21/11 C:\UTlUTlES DEPARTUENT\DESIGN DMSION\AHLES\VISTA CARLSBAD INTERCEPTOR O&U.DWG
FIRST AMENDMENT TO THE AGREEMENT FOR OWNERSHIP,
OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD
INTERCEPTOR SEWER
THIS FIRST AMENDMENT to the Agreement for Ownership, Operation, and
Maintenance of the Vista/Carlsbad Interceptor Sewer (the "First Amendment") made
and entered into this /*f ** day of JUwe. 2011, by and between the City
of Vista, a chartered municipal corporation ("Vista"), and the City of Carlsbad, a
chartered municipal corporation ("Carlsbad"), under an agreement (the "O & M
Agreement") between Vista and Carlsbad dated February 26, 2002.
WITNESSETH:
WHEREAS, on February 26, 2002, Vista and Carlsbad entered into the O & M
Agreement for the ownership, operation and maintenance of a jointly owned sewer
system the Vista / Carlsbad interceptor sewer; and
WHEREAS, Vista has applied to the Clean Water State Revolving Funding
(CWSRF) Program administered by State Water Resources Control Board (SWRCB) to
fund sewer improvements to the Vista / Carlsbad Interceptor Sewer;
WHEREAS, the CWSRF program requires Vista to execute a CWSRF
Installment Sales Agreement with SWRCB;
WHEREAS, the CWSRF Installment Sales Agreement requires that Operations
and Maintenance of the Vista / Carlsbad Interceptor Sewer continue in effect for the
term of the CWSRF Installment Sales Agreement, which is for twenty years;
WHEREAS, the term of the O & M Agreement expires February 26, 2022;
WHEREAS, the Parties desire to extend the O & M Agreement until
December 31, 2032; and,
WHEREAS, the O & M Agreement allows for the extension of said Agreement for
2 additional 10-year periods.
NOW, THEREFORE, in consideration of the promises and mutual agreements
herein contained, the parties hereto do agree as follows:
1. Section 25 TERM of the O & M Agreement is hereby amended as follows:
The term of this Agreement shall be in effect until December 31, 2032. The
Agreement may be extended for one (1) additional ten (10) year period or
parts thereof. The Parties will prepare a written amendment indicating the
effective date and length of any extended Agreement.
2. All other conditions of the Agreement shall continue in force.
IN WITNESS WHEREOF, the parties have executed and entered into this First
Amendment as of the date written above.
CITY OF VISTA,
a chartered municipal corporation
By:
JUBYXRITTER, MAYOR
ATTEST:
Marcia Kilian, City Clerk
APPROVED AS TO FORM:
Darold Pieper, City Attorney
By: _
APPROVED
Darold Pieper
1306060711
RISK MANAGEMENT REVIEW:
Dolores Gascon, Risk Manager
CITY OF CARLSBAD
a chartered municipal corporation
ATTEST:
Lorraine M. Wood, City Clerk
APPROVED AS TO FORM
Ronald Ball, City Attorney
BV: .
1
RESOLUTION NO. 2011-164
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO APPROVE FIRST AMENDMENT
WITH CITY OF VISTA, AGREEMENT FOR OWNERSHIP,
4 OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD
INTERCEPTOR SEWER
5
WHEREAS, on February 26, 2002, the City of Vista and the City of Carlsbad entered
6
into a master agreement titled "Agreement for Ownership, Operation and Maintenance of the
7
Vista/Carlsbad Interceptor Sewer"; and
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WHEREAS, The City of Vista has applied to the Clean Water State Revolving Funding
9
(CWSRF) Program administered by State Water Resource Control Board (SWRCB) to fund their
10
share of sewer improvements to the Vista/Carlsbad Interceptor Sewer; and
WHEREAS, The CWSRF program requires Vista to execute a CWSRF Installment Sales
Agreement with SWRCB. The CWSRF Installment Sales Agreement requires that Operations and
I O
Maintenance of the Vista/Carlsbad Interceptor Sewer continue in effect for the term of the CWSRF14
Installment Sales Agreement, which is for twenty years; and15
WHEREAS, The term of the current Master Agreement expires February 26, 2022; and16
WHEREAS, the Parties desire to extend the Master Agreement until December 31,
18 2032; and
WHEREAS, the Master Agreement allows for the extension of said agreement for 2i y
additional 10-year periods; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary and in the public interest for the City of Carlsbad to enter into a First Amendment to the
Agreement for Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer,
between City of Carlsbad and City of Vista; and
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Carlsbad, California, as follows:26
„ 1. That the above recitations are true and correct.
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1 2. That the Mayor of the City of Carlsbad is hereby authorized and directed
2 to execute the First Amendment to the Agreement for Ownership, Operation and
3 Maintenance of the Vista/Carlsbad Interceptor Sewer, between the City of Carlsbad and
4 the City of Vista.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of July, 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATT? HALL, Mayor
Odp/CityCle'rk