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HomeMy WebLinkAbout1974-06-18; City Council; Resolution 34251( 1: 1: 1; 2( 2: 2: 2; 24 2: 2t 2’; 2E 2s 3c 33 32 k 0 RESOLUTION NO. 3425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT FOR PHASE I11 ENLARGEMENT OF ENCINA WATER POLLUTION CONTROL FACILITY, OWNERSHIP RIGHTS, DISTRIBUTION OF BUY-IN MONIES AND PARTICIPATION IN THE JOINT ADVISORY COMI’TITTEE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. -cu)-c- The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsba and Vista Sanitation District, Buena Sanitation District, San Marcos County Water District, Leucadia County Water District, and Enchitas Sanitary District for Phase I11 enlargement of Encina Water Pollution Control Facility, ownership rights, distribution of buy-in monies and participation in the Joint Advisory Committee, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of June , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase and McComas NOES: None ABSENT: Councilman Lew ATTEST : CONFORNED COPY b [l) .cd copies of this =lema C' each agU.Lqy are on fileswith the County"-c,f San Diego, 1 2 -. district whose governing board is the City Cou:rcil of the :I2 13 City of Vista; City of Vista; :I2 13 *.. .. 'I It 38 I! water district ; t .- \.? r , -.. . -1- July 13; 1951 March 25, 1963 January 6, 1964 January 6, 1964 September 14, 1964 March 8, 1965 March 22, 1965 August 3, 1965 June 20, 1966 i9 TITLE Basic Agreement Between Vista Sani- tation District and the City of earls- bad for Acquisition and Construction of a Joint Sewer System ("Basic Agreement If ) . First Supplement to Basic Agreement, - Authorizing Vista to Apply for Federal Grants. I Second Supplement to Basic Agreement Between Vista Sanitation District and I the City of Carlsbad for Acquisition and Construction of the Joint Sewer System. Supplemental Agreement (No. 1) to Basic Agreement Between Vista Sani- tation District and City of Carlsbad for Acquisition and Construction of Joint System, for Purpose of Allo- cating Funds Received from Federal Government, 1 1 1 i First Amendment to Basic Agreement I Between Vistzt Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System. Second Amendment to Basic Agreement I Between Vista Sanitation District *and f the City of Carlsbad for Acquisition i and Construction of a Joint Sewer System. Third Supplement to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System ("Third Supplement"). Agreement Eetmeen County of San Diego,; and City of Carlsbad, Vista Sanitation District and Buena Sanitation District for the Operation of the Joint System. Agreement Between Buena Sanitation I Lease by Carlsbad of Capacity in the i Encina Outfall of the Buena Sanitation' District, for Lease by Buena to Carls- bad of Designated Capacity in the Encins Outfall. i I i i District and City of Carlsbad for t f i - .' -2- I 1 2 3 4 5 6 7 8 9 10 12 12 1E 1E 1i . lt .1z 2( 2' 2: 2: 2i 2 2 - ...- .' * ' 1. C. .. DATE - (10) June 19, 1967 (11) January 1, 1970 (12) July 7, 1970 (13) December 1, 1970 (14) February 16, 1971 (15) August 17, 1971 (16) August 17, 1971 (17) July 5, 1972 (16) May 1, 1973 il9) October 2, 1973 (20) October 3, 1973 TITLE Agreement Between Buena Sanitation District and San irlai-cos County Kater District for Lease by San Uarcos of Capacity in Buena Sanitation.Dis- trict's Encina Outfall Sewer Line- Fourth Supplement to Basic Agreement Between Vista Sanitation District, City of Carlsbad, Buena Sanitation District and San hlarcos County Water District re Construction of an Enlargt ment to the Encina Water Pollution Control Facilities of the Joint Syster Authorizing Vista to Apply for and Receive and Disburse Federal Grant. .- Agreement for Interim Connection by Leucadia County Water District. Agreement Between County of San Diego and Vista, Carlsbad, Buena and San Narcos for Legal Services. Supplement to Agreement for Interim Connection by Leucadia County Water Fifth Supplement to Basic Agreement to Provide for Participation by Leucadia County Water District and Encinitas Sanitary District ("Fif$h Supplement"). Third Amendment to Basic Agreement Between Vista Sanitation District and City of Carlsbad for Acquisition and Construction of Joint Sewer System. Agreement for Temporary Connection by City of Oceanside. Agreement Between the City of Carls- bad, Vista Sanitation District, Buens Sanitation District, and San Marcos County Water District for Legal Services. - District. .. Second Supplement to Agreement for Interim Connection by Leucadia Count! Water District. Sixth Supplement to Basic Agreement to Provide for Interim Expansion of Encina Water Pollution Control Facility ("Sixth Supplement"). 8, I i . . _. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IS 17 18 19 20 21 22 23 24 25 26 27 28 B. An enlargement of the Encina Water Pollution Control Facility (Unit I) and an extension of the Ocean Outfall (Unit J), known as Phase 11, is currently under construction providing for an increase in the capacity of such Unit I of 3 hlGD, from 6.75 hlGD to 9.75 MGD, and a further expansion of Unit I, known as Phase IIA, of 8n additional 4 MGD from 9.75 MGD to 13.75 MGD is also currently under construction. C. A further enlargement of Unit I, known as Phase 111, planned to be commenced in 1975, is necessary to meet further flowage demands of the parties hereto, and environmental pro- tection requirements of applicable regulatory bodies. D, It is necessary to contract for engineering services to plan and design the Phase I11 Enlargement. E. It is desirable to include Leucadia and Encinitas as full participants in the ownership and operation of the Joint Sewer System. * F. It is desirable to provide for settlement of a dispute relating to distribution of excess buy-in monies arising out of .i the Fifth Supplement and the Phase I1 Expansion. G. It is desirable to include Leucadia and Encinitas as full participants and members of the Joint Advisory Committee, H. This Seventh Supplement to Basic Agreement.is macle pur- suant to the provisions of Article l, Chapter 5, Division 7, Titl-e 1, of the Government Code of the State of California (coriencing with Section 6500), relating the joint exercise o€ powers common to all public agencies; in this case being Vista, Carlsbad, Buena, San Marcos, Leucadia and Encinitas, each of which is authorized to contract with the others pursuant; thereto. -4- -. I . - . . . . . .~ .. . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ' 19 20 21 22 23 24 25 26 27 2& NOW, THEREFORE, IN CONSIDERATION OF THE PRCMISES Ah% hIUTUAL COVENANTS Al?D AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOW: Section 1. Phase 111 Enlargement of Unit I The Encina Water Pollution Control 'Facility shall be enlarged and improved to meet future flowage demands of the parties hereto, and environmental protection requirements of applicable regulatory bodies, and such shall hereafter be referred to as the Phase III Enlargement. Section 2. Joint Project The Phase 111 Enlargement shall be a joint project of Vista, Carlsbad, Buem, San Marcos, Leucadia and Encinitas. Vista is hereby appointed a,s the a$ninistrator of the joint project and is hereby authorized to cbntract 'with Brown and Caldwell, Consulting Engineers, for engineering services as hereinafter prmided, and to prepare and file on behalf of the parties appropriate applica- tions and othgr documents for approval of the joint project and possible grants in aid under state and federal laws and regulation a Vista shall also cause to be prepared by such contract for engineering services, the environmental impact report for the Phase 111 Enlargement as the lead agency, pursuant to the pro- visions of Section 21165 of the Public Resources Code of the State of California. Section 3. Engineering Services The engineering services to be furnished by Brown and Caldrvell pursuant to the contract authorized hereunder shall include the following: // -.:. . -5- r ," ". iI 31 4 d (1) Preliminary engineering; . .. . _. system infiltration and inflow analysis; (3) Preparation of an environmental impact report, including I (2) Prcparation of a project report, including sewer // 7 7 8 public hearing and any supplemental reports as may be required; Development of a revenue prograin-and financial plan; and if the former are approved by the parties hereto, (4) 12 14 15 16 17 - 7 I t ion ; (6) Preparatfon of operation and maintenance manuals; and (7) MiscellaneouSdengineering services. Section 4. Payment for Cost of Engineering Services The parties hereto shall advance to Vista the costs of such engineering services contracted for by Vista as provided herein, I I 19 20,, 21 22 Buena, 4*51%; San hlarcos, 17.45%; Leucadia, 16.36%; and Encinitas, 7.27%. However, the ultimate liability of each of the parties hereto for the costs of such engineering services shall be equal to the total cost of such engineering services-multiplied by the 24 23 I respective percentages of capacity each will be entitled to in Unit I at the conclusion of the Phase I11 Enlargement as deter- I 271 281 Section 3 of this Agreement. The parties hereto shall advance to Vista forthwith, as administrator, for the engineering services 5 e 7 € E 1c 11 1; . 7: 1L IF 1€ 1; 18 1: 2( 2' 2: 2: 21 2! 21 2' 2: lescribed in paragraphs (1) through (4) of Section 3 of this Igreement, a total of Fifty-five Thousand Dollars ($55,000.00) in the respective proportions set forth in the first sentence if this Section 4. Thereafter, each party hereto shall pay Vista, LS administrator, for the engineering services described in para- - Traphs (5) through (7) of Section 3 of this Agreement, upon mitten demands forwarded to them by Vista. Such demands will be €orwarded and such payments shall be made at such times as will 3nable Vista to pay for'the costs of such services in accordance ,vith the contract with Erown and Caldwell. Vista shall be strictly accountable to all the parties hereto for all funds received by it pursuant to this Agreement, and shall maintain adequate records of all receipts and disbursements pursuant hereto Section 5. Statuseof Leucadia and Encinitas, and Ownership Rights - .. As provided in Section 1 of the Fifth Supplement, Leucadia and Encinitas have become parties to the agreements described in recitals paragraphs A(1), (31, (51, (61, (71, (81, (121, (1% (14), (la), (18) and (19) of this Agreement, shall be bound thereby, and shall have all the benefits thereof, and notwith- standing the provisions of Section 9 of the Fifth Supplement, upon completion of the Unit I Enlargement and the Unit J Extension provided for by the Fifth Supplement, and the Phase IIA Expansion provided for by the Sixth Supplement, and the payment by all parties hereto of the ztmounts required to be paid by the provi- sions of both such supplements, each party hereto shall have capacfty rights in Ucit I to the extent set forth in the Sixth Suppl.cment, and capacity rights in Unit J to the extent set * -, f' . 1 2 3 4 5 6 7 8 9 10 11 12 13 ?4 15 36 17 18 19 20 21 22 23 24 25 26 27 28 C. d forth in the Fifth Supplement, and in addition thereto, each shall own and hold title to those units of the Joint Sewer System provided for by the Basic Agreement as supplemented and amended by the agreements set forth in Recital A above, in the same pro- - portions that they have capacity rights in such units, i.e. ownership and capacity rights in Unit I shall be as follows: . OWXERSIIIP AND CAPACITY RIGHTS PARTY AFTER PHASE IIA EXPANSION hg GD _. Vista 4.05 Carlsbad 3.43 Buena 0.62 San Marcos . 2,.40 Leucadia 2.25 Encinitas 1.00 TOTAL : 13.75 and in Unit J, shall be as follows: Vista 6.34 Carlsbad 10.89 Buena 4.94 San Marcos 6.33 Leucadia 6.33 Encini t as 3.17 TOTAL : 38.00 Percentage 29.46% 24.9576 4.51% 17.45% 16.36% 7.27% -- 100.00% 16.67% 28.66% 13.00% 16.67% 16.67% 8.33% 100.00% Page two of Exhibit flB1f attached to the Fifth Supplement is hereby rescinded to the extent it is in conflict with the above table. // .. . '-'- . 1 f 1E 17 la 19 20 21 22 23 24 25 26 27 28 (0 co Section 6. Settlement of Dispute There are disputed questions of law and fact with regard: to the proper interpretation of the langaage of Section 4(F) of the Fifth Supplen?ent as acknowledged in Section 6(B) of the Sixth Supplement, and the parties hereto, in order to avoid the time, - expense and risks of litigating or arbitrating said dispute, have settled same among themselves. As a result of such settlement, the parties hereto hereby agree that Section 4(F) of the Fifth Supplement is hereby amended to read as follotvs: . "(F) Upon completion of construction of the Unit 1 Enlgrgement and the Unit J Extension, it is estimated that the portion of the buy-in monies paid by Leucadia and Encinitas pursuant to this Agreement (the Fifth Supplemmt) in excess of the amount required to pay the other parties' shares for constructing (including engineering design fees and inspection) the Unit I Enlargement and the Unit J .. Extension, will aggregate approximately $513,600, of which $323,000 is owned by and shall be credited respectively to Vista, Carlsbad, Buena and San Marcos, as follows: Vista $160 , 000 Carlsbad 123,000 . Buena 10,000 a San Marcos 25 , 000 , and may be utilized by each of them, as payments are actuallj received from Leucadia and Encinitas, to pay for their res- pective shares of the cost of construction of expansions (after Phase 11) of Unit I. The balance of such estimated excess, $190,600, is -9- ,, :- I- j -_ -_ 29.46% Vista $ 56,000 .' i owned by and shall be credited respectively to each of the 1 15 parties hereto in the amounts and in accordance with the percentages thereof, as follows: I i j pletion of the construction of the Unit I Enlarg-ement .< and i 19 20 21 Carlsbad Buena - San hfarcos Leucadia i I then the actual balance of such excess over said sum of $323,OOOis owned by and shall be credited respectively to each of such parties in the same proportions as was said I i I 47., 600 8,600 33,300 31,200 2s 26 24.95% 4.51% 17.45% 16.36% I 1 Sixth Supplement is hereby rescinded to the extent that it is I j f in conflict with Section 4(F) of the Fifth Supplement, as I 28.1 I I . i f Except as expressly set forth herein, each of the parties i - .._ - 10 - II t *.. ,- * . d I c A I E 1c 11 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-..-- . ~ . .. . . . . , . .I . . , . . . . . .' hereto hereby releases each of the parties hereto from any and all claims each such party may have to buy-in monies paid by Leucadia or Encinitas pursuant to the provisions of the Fifth Supplement. Section 7. Joint Advisory Cormittee Section 10 of the Fifth Supplement is hereby rescinded, and Section 17.2 of the Basic Agreement, as amended by Section 14 of the Third Supplement, is hereby further amended to read as follows : . "Section 17.2. JOINT ADVISORY COMMITTEE Vista, Carlsbad, Buena, San Marcos, Leucadia and Encinitas hereby agree that there shall be appointed an advisory committee consisting of two representatives of each party to this agreement appointed by the governing body of such party. Such governing body shall also appoint an alternate for each such representative who shall act as a representative of the party in the .. temporary absence of the representative. The repre- sentatives and alternates so appointed may, but need not, be members of the governing body of the party they represent. Said committee shall be known as the 'Joint Advisory Committee' and its powers, duties and functions shall be as follows: 1. To review the operation and maintenance of the Joint System, including the cost thereof, and make reports and recommendations to the governing bodies of the parties to this Agreement and to the Operator, 2. Review and make recommendations to the governing .. - 11 - :- 2E 27 2E bodies of- the parties to thik-Agreement with respect to any proposed expansion, enlargements or modifications of the Joint System or any portion thereof. 3. To adopt rules and regulations for the place, time and conduct of its meetings, to elect one of its members chairman and appoint a secretary and to cause minutes to be kept of each of its meetings including all actions taken by it. To render such reports and recommendations ana per- 4.. form such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of the parties to this Agreement from time to time. The total vote of all members of the Joint Advisory .. Committee shall be 100%. When voting on a matter involving the treatment plant (Unit I) or the Ocean Outfall (Unit J) each member shall. have a percentage of vote equal to one- half of the percentage of capacity of the party he represent! in the unit involved. Where a representative of a party to this Agreement is temporarily absent, his alternate shall cast the vote of the absent representative. The recommendat ions of the Joint Advisory Coi shall be advisory only. The Administrator shall provide supplies and mittee clerical and secretarial help for the Joint Advisory Commi-tee, and shall pa37 each representative (or alternate who attends a meeting by reason of the temporary absence of a representa- + .. 1 L c 4 E 6 7 8 9 10 11 12 ' 13 14 15 16 17 18 18 23 21 22 23 9. each nkctillg of .the Joini 'Advisory Co:r.rnittcc rtttcndcd ~ pro- vided that the maximum payable liereundcr to any one persolz is Fifty Dollars ($50.00) for en& calendar month. The, costs of such supplies md help, and attendance. fees, shall- consti.tutc a part of the total expense of maintaining and opetating the Joint System and shall be paid as. hereinafter specified. l1 Section 8 Counterparts This Agreelnent may be executed in counterpzrts, 2nd upon execution thereof by all of the parties set forth on pzge 1 hereof, each such counterpart shall be deemed to be ail origikal. IN WITKESS TXERCOF, .each party hereto has causcd this Seventh Supplcixni; to B3asj.c Agreement to be signed by its res- pective of ficia1.s heretofore duly aulhoi-j.zed by thc,legislatire bodies thereof Approved by Resolution .- [\TO. 74-8 on May 1, 1974,. Approved by Resolution . No. 3425 ittest: Flargaret E. Adams on June 18, 197.4 . - --- City Clerk 1; App 1-0 v e d by Re s o 1. li t i on on May 14, 197.4 - :;i i No.1 2; ii Contract No. 1858-2129E ;; By Frank bleyer Ch airc-inn - By Robert C. Frazee HYO 1' - 13 -- .. * 4 5 06 7 8 9 By Stanley A. Mahr Vice - ~rcs i de 11 t By James J. bIcKay : Secretary LEUCADIA COUNTY VATER DISTRICT . Approved by Resolution No. 467 onMay 16, 1974. By * Harold Henning President 10 Richard E. Hanson By- Secretary 42 13 14 Approved by Resolution NO. 74-6 onApril 18, 1974 IS By Jack R. Filanc President 17 18 1. ? By M. H. Lund - Secrctzry 19 _.._ 20 21 22 23 24 25 - 26 28 .