HomeMy WebLinkAbout2023-03-07; City Council; Resolution 2023-069RESOLUTION NO. 2023-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FILING OF PERMIT APPLICATIONS AND
EXECUTION OF INDEMNITY AGREEMENTS FOR COUNTY OF SAN DIEGO AND
ENCINA WASTEWATER AUTHORITY PERMITS
WHEREAS, the County of San Diego Department of Environmental Health and Quality
administers and enforces State of California standards and local ordinances pertaining to the
construction, alteration, maintenance and destruction of monitoring wells, inclinometers, vapor
probes, cathodic protection wells and enhanced leak detection systems; and
WHEREAS, the Encina Wastewater Authority, through its Pretreatment Ordinance, amended
June 20, 2019, regulates the discharge of groundwater or surface runoff to the Encina sewerage system
and issues special use permits to its member agencies, including the City of Carlsbad, and to persons
or companies under contract with the member agencies who are users of the Encina sewerage system;
and
WHEREAS, staff find it necessary to file permit applications for such activities in connection with
Capital Improvement Program projects and such permit applications contain indemnities, either
through standard clauses on the application forms or via indemnity agreements; and
WHEREAS, the city's indemnification is a condition precedent to the approval of permits by
these agencies; and
WHEREAS, the City Council has determined that it is in the public interest to delegate certain
powers to the City Manager in accordance with the Carlsbad Municipal Code Section 2.12.035(L).
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 City Manager is hereby authorized to sign County of San Diego Well Permit
applications and Encina Wastewater Authority Special Use Permits with indemnities and
to execute indemnity agreements for city Capital Improvement Program projects when
recommended by the City Engineer or the Deputy City Engineer, Utilities Department,
and upon the advice of the City Attorney's Office.
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council of the City of Carlsbad
and the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th
day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)