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Home My WebLink About1980-06-10; City Council; Resolution 62051 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 28 RESOLUTION NO. 6205 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF THE FIFTEENTH SUPPLE- MENT TO THE BASIC AGREEMENT FOR THE ENCINA JOINT SEWER SYSTEM TO PROVIDE RERATING FROM 13.75 MGD TO 16.0 MGD AND FOR APPORTIONMENT OF INCREASED CAPACITY, AND FOR THE JOINT SYSTEM TO BECOME A REGIONAL SOLIDS HANDLING FACILITY WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District and Encinitas Sanitary District are parties to a Joint Powers Agreement (Basic Agree- ment) which provides for the operation and maintenance of a joint sewer system commonly known as the Encina Water Pollution Control Facility (EWPCF); and WHEREAS, from 1965 to the present the design capacity of the joint sewer system has been increased from 3.75 mi 11 ion gallons per day (MGD) average daily flow (ADF) to 13.75 MGD ADF; and WHEREAS, the system is currently providing primary treatment for 12.3 MGD prior to discharge in the ocean outfall; and WHEREAS, the joint sewer system has a capacity to treat 16.0 MGD ADF and the peak wet weather capacity of said system is 34.8 MGD; and WHEREAS, the demands for disposal and treatment of wastewater have so in- creased since inception of the joint system as to require that the total capaci- ty be rerated from 13.75 MGD to 16.0 MGD and that the increased capacity of 2.75 MGD be apportioned among the members of the joint powers; and WHEREAS, the best interests of the inhabitants of this City will be served by increasing such capacity; and WHEREAS, all members of the joint powers agreement for operation of said sewer system have determined that the health, safety and welfare of the inhabi- tants within the jurisdiction of each member of the joint powers will be better served by having the sewer system presently become a Regional Solids Handling Faci 1 i ty; and WHEREAS, there has been presented to the City Council of this City a 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 28 )reposed Fifteenth Supplement to the Basic Agreement which would increase the :apacity of said EWPCF and cause said system to promptly become a Regional ;olids Handling Facility; and WHEREAS, the Joint Advisory Committee to a1 igreement has unanimously approved the proposed F lasic Agreement; and WHEREAS, it is in the best interest of this the parties to the Basic fteenth Supplement to the City to execute said Fifteenth iupplement, a copy of which is attached hereto and incorporated hereby by ref- :rente; NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: 1. That the City of Carlsbad does hereby approve and agree to the Fif- :eenth Supplement to the Basic Agreement; 2. That the Mayor of the City of Carlsbad is hereby authorized and di- rected to execute on behalf of the City of Carlsbad the Fifteenth Supplement to the Basic Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the C , 1980, ad'o r d at 4 rJguya! meeting held the 10th day of June ing vote, to wit: AYES: Councilmen Packard, Lewis, Councilwomen Casler anc NOES: None ty of Car by the fo Kul chin sbad 1 ow- ATTEST : (SEAL) -2- I ,. i i i -1 I FIFTEENTH SUPPLEMENT BASIC AGREEMENT PROVIDING E RERATING OF ENCINA WATER POLLUTION CONTROL FACILITIES FROM 13.75 MGD to 16.0 MGD AND FOR APPORTIONMENT OF INCREASED CAPACITY; AND FOR EWPCF TO BECOME A REGIOEJAL SOLIDS HANDLING FACILITY j! This Fifteenth Supplement is made and entered into this day of , 1980, by and among: VISTA SANI- TATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law City; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), a County Water District; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sani- tary District. .. A. B. C. D. RECITALS : VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS own and operate the Encina Water Pollution Control Facility and O'cean Outfall (and related ' facilities) ; hereafter referred to as "EWPCF". By agreement dated July 13, 1961, VISTA and CARLSBAD entered into the "BASIC AGREEMENT" for the acquisi- tion, construction and operation of the EWPCF. The other parties hereto became parties to said BASIC AGREEMENT by virtue of Supplements thereto. At the time said BASIC AGREEMENT was entered into, the EWPCF was designed to have a minimum capacity . to receive and treat and dispose of three and one- half (3.5) million gallons average daily flow of sewage, and upon commencement of operatdon in September, 1965, provided primary treatment for AEWT capacity of 4.56 MGD. 1 The EWPCF is presently capable of treating an average daily wastewater solids from 20.9 wet weather flow MGD . flow of 16.0 MGD, as well as treating MGD of wastewater flow. The peak capacity of said facility is 34.8 .i -1- .. I I i. 1 .. i E. 0 Approximately 12.3 MGD of wastewater 0 is presently F. G. H. I. J.0 K. provided primary treatment at the EWPCF prior to discharge through the Ocean Outfall. Thi present design rating of the EWPCF is 13.75 MGD, and it is contemplated by the parties hereto that upon completion of Phase I11 Upgrading and Enlargement, which is now in progress, that the EWPCF will have a rated capacity of 18.0 MGD. The Joint Advisory Committee to the herein Joint Powers has unanimously approved the capacity of each party in the EWPCF so that the total capacity of all members in the facility will be 16.0 MGD, average daily flow, upon execution of this agreement by all parties. The increased capacity from 13.75 MGD to 16.0 MGD, average daily flow, will be apportioned among the parties in ihe same percentage that each party's percentage of ownership in the facility bears to the total ownership of all parties hereto. The demands for disposal and treatment of wastewater within the jurisdiction of each party hereto have increased so as to require for the best interest of the inhabitants therein that the rerating agreed to herein be accomplished forthwith. The best interest of all parties hereto and the inhabi- tants of the geographical areas over which the res- pective parties hereto exercise control require that the EWPCF become a Regional Solids Handling Facility, and the Joint Advisory Committee to the herein Joint Powers have unanimously approved that concept. This Fifteenth Supplement to the Basic Agreement , is made Chapter Code of Section pursuant to the provisions of Article 1, 5, Division 7, Title 1 of the Government the State of California (commencing with 65001, relating to the joint exercise of -2- I ‘I -, ,I! .- , ... ., I t a powers common to all public agencies, in this-case being, VISTA, CARLSBAC, BUENA, SAP4 MARCOS, LEUCADIA and ENCINITAS, each of which is authorized to contract with the others pursuant thereto. NOW, THEREFORE, in consideration of the promises, cove- nants, and agreements herein contained, the parties hereto agree as follows: SECTION 1. This agreement shall be a supplement to, and form a part of, the Basic Agreement, as amended and supplemented. The rated capacity of the EWPCF shall be SECTION 2. 9 . increased from 13.75 MGD ADF to 16.0 MGD ADF pending completion of Phase I11 Upgrading and Enlargement, and further modification of the Basic Agreement. The capacity of each of the parties hereto for discharge of wastewater into the EWPCF shall forthwith be increased by the following SECTION 3. 8 million gallons per day (MGL?): CITY OF CARLSBAD: 0.562 VISTA: 0.664 BUENA : 0.102 0.392 SAN MARCOS: LEUCACIA: 0.368 ENCINITAS: 0.163 SECTION 4. The table set forth below is a true and accurate statement of the following: I. Percentage of ownership of each party in the EWPCF; The capacity of each party in the EWPCF based on 13.75 MGC. The capacity of each party in the EWPCF in MGD ADF based on 16.0 MGD ADF. The increase in MGD ACF of each party by reason of rerating from 13.75 MGD ACF to 16.0 MGC ADF.: -3- 4 .. '! L . I" _-_ f m= A" % CWNEFSSIP 13.75 MGD ADF 16 MGD ADF CAPACITY CAPACITY CAPACI'T INCREASE CARLSBAr! 24.95 3.430 3.992 0.562 VISTA 29.46 4.050 4.714 0.664 BW 4.51 0.620 0.722 0.102 SAN MARms 17.45 2.400 2.792 0.392 "IA 16.36 2.250 2.618 0.368 ENCINITAS 7.27 LOO0 1.163 0.163 SECTION 5. The EWPCF shall become a Regional Solids Handling Facility, and each party hereto shall cooperate in the development and execution of an agreement for the apportion-. ment of costs for the operation and mainte- nance of the facility by reason of such solids handling. Provided, however, pending further amendment of the Basic Agreement, the agree- ments heretofore entered into among the parties hereto regarding apportionment of cost for the operation of the facility s,hall remain in force and effect. SECTION 6. Each party shall, insofar as legally per- \ misible, execute and deliver any documents necessary to obtain any permit from the State, Federal, County or local agency having regu- latory powers over the EWPCF or any part thereof, which results from the rerating described herein and/or the operation of said facility as a Regional Solids Handling Fac i 1 i ty . SECTION 7. This agreement may be executed in counter- parts, and upon execution thereof by all of the -parties named on page one hereof, each such counterpart shall be deemed to be an original. c IN WITNESS WHEREOF, each party hereto has caused this Fifteenth Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. -4- t . .. Approved by resolution NO on VISTA SANITATION DISTRICT .. 1 ! i I '7, !. - No on BY: CITY OF CARLSBAD BY: 'BUENA SANITATION DISTRICT BY : on SAN MARCOS COUNTY WATER CISTRICT No - BY: on - No on No - LEUCADIA COUNTY WATER CISTRICT .. ENCINITAS SANITARY DISTRICT - 5-