HomeMy WebLinkAbout1974-06-18; City Council; Resolution 34251(
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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
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district whose governing board is the City Cou:rcil of the
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City of Vista; City of Vista; :I2
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It 38 I! water district ; t
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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,
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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.
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District and City of Carlsbad for t
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(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.
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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").
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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
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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.
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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
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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:
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(1) Preliminary engineering;
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system infiltration and inflow analysis;
(3) Preparation of an environmental impact report, including I
(2) Prcparation of a project report, including sewer //
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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)
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(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,
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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-
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Section 3 of this Agreement. The parties hereto shall advance to
Vista forthwith, as administrator, for the engineering services
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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-
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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
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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
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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.
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(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
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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
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-_ 29.46% Vista $ 56,000
.' i owned by and shall be credited respectively to each of the 1
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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
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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
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47., 600
8,600
33,300
31,200
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24.95%
4.51%
17.45%
16.36%
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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
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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
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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
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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-
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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
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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
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By Frank bleyer
Ch airc-inn
- By Robert C. Frazee
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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
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14 Approved by Resolution NO. 74-6 onApril 18, 1974 IS By Jack R. Filanc President
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By M. H. Lund - Secrctzry
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