HomeMy WebLinkAbout2023-03-07; City Council; Resolution 2023-070RESOLUTION NO. 2023-070
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 FOR THE KELLY DRIVE SEWER
REPLACEMENT PROJECT
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
the Kelly Drive Sewer Replacement Project, Capital Improvement Program Project No. 5548-A, 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 Deputy City Engineer, Utilities Department, and the City Attorney's office
recommend the filing of these permit applications; 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 2.12.03S(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 the County of San Diego Well Permit
application with indemnities and the Encina Wastewater Authority Special Use Permit
and indemnity agreement for the Kelly Drive Sewer Replacement Project, Capital
Improvement Program Project No. 5548-A.
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
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lvsHERRY FREISINGER, City Clerk 1 -(SEAL)