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HomeMy WebLinkAbout2023-03-07; City Council; Resolution 2023-069RESOLUTION NO. 2023-069 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 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 Capital Improvement Program projects 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 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 2.12.035(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 County of San Diego Well Permit applications and Encina Wastewater Authority Special Use Permits with indemnities and to execute indemnity agreements for city Capital Improvement Program projects when recommended by the City Engineer or the Deputy City Engineer, Utilities Department, and upon the advice of the City Attorney's Office. 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 SHERRY FREISINGER, City Clerk (SEAL)