HomeMy WebLinkAbout2023-03-07; Municipal Water District; Resolution 1698RESOLUTION NO. 1698
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT 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 CMWD Board's indemnification is a condition precedent to the approval of
permits by these agencies; and
WHEREAS, the CMWD Board has determined that it is in the public interest to delegate certain
powers to the Executive Manager in accordance with the Carlsbad Municipal Code Section 2.12.035(L).
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Executive 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 w ater and recycled w ater Capital
Improvement Program projects when recommended by the Di strict Engineer and upon
the advice of the Office of the General Counsel.
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the Carlsbad Municipal Water District
Board of Directors of the City of Carlsbad and the City Council 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, President
SHERRY FREISINGER, Secretary
(SEAL)