HomeMy WebLinkAbout2023-11-07; City Council; Resolution 2023-273RESOLUTION NO. 2023-273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING CITY STAFF TO NEGOTIATE WITH THE CITY OF
VISTA'S SUBSIDIARY BUENA SANITATION DISTRICT FOR ACQUISITION OF
THE BUENA OUTFALL BY THE CITY OF CARLSBAD
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interests of the City to negotiate with the City of Vista's subsidiary Buena Sanitation District for
the acquisition of the Buena Outfall; and
WHEREAS, the City of Carlsbad and Buena Sanitation District entered into an Agreement for the
lease of capacity in the land sewage outfall commonly referred to as the "Buena Outfall" on June 20,
1966;and
WHEREAS, the City of Carlsbad and Buena Sanitation District rescinded the 1966 Agreement
and replaced it with a new Agreement in 1981; and
WHEREAS, on June 11, 2015, the City of Carlsbad and Buena Sanitation District entered into a
joint agreement related to the Buena Outfall, for the construction, operation, and maintenance of the
Buena Outfall Odor Control Unit ("Joint Agreement"); and
WHEREAS, as part of the Joint Agreement the parties agreed to transfer the Buena Outfall to
the City of Carlsbad, following the completion of Buena Sanitation District's new Buena Outfall Force
Main Extension Project (District CIP 8131) and the subsequent removal of Buena Sanitation District's
flow from the old Buena Outfall, at a price that reflects Buena Sanitation District's capital investment
in the old Buena Outfall, less appropriate depreciation; and
WHEREAS, on September 12, 2023, an agenda report published for a Buena Sanitation District
Board Meeting, stated the old Buena Outfall was "scheduled to be replaced in calendar year 2021, by
the Buena Forcemain Phase 3 project," however the new forcemain project has "experienced operating
issues since its initial commissioning and cannot be operated in high flows that occur during the winter
raining season"; and
WHEREAS, as a result of the Buena Sanitation District's ongoing operational issues with their
new forcemain, Buena Sanitation District has had to "divert flow back to the [old] Buena Outfall during
the winter while modifications are pursued on the [new] forcemain"; and
WHEREAS, once Buena Sanitation District is able to remove its flow from the old Buena Outfall,
the City of Carlsbad may acquire the old Buena Outfall consistent with the terms of the Joint
Agreement; and
WHEREAS, city staff are requesting City Council authority to pursue negotiations with the Buena
Sanitation District for the transfer of the Buena Outfall to Carlsbad.
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 authorized to commence negotiations with the City of Vista's
subsidiary Buena Sanitation District for acquisition of the Buena Outfall by the City of
Carlsbad with a negotiating team to include City Manager Scott Chadwick and Utilities
Director Vicki Quiram with as-needed assistance from Assistant City Manager Geoff
Patnoe, City Attorney Cindie McMahon, and Deputy City Attorney Gina Herrera.
3.That any agreement for the City of Carlsbad to acquire the Buena Outfall, and associated
acquisition costs, will be subject to further approval by the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of November, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None. I KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)