Reso 0726-06/1985 RESOLUTION NO. 726
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
AUTHORIZING SIGNATURE OF THE 27TH AMENEMENT
TO THE BASIC AGREEMENT OF THE ENCINA JOINT POWERS
WHEREAS, it is in the best interest of all ENCiNA members to have a
mutual understanding with respect to accomnodation of the operation of the
Joint System and reclamation and reuse of water.
WHEREAS, the CITY OF CARLSBAD, LEUCADIA COUNTY WATER DISTRICT, BUENA
SANITATION DISTRICT and SAN MARCOS COUNTY WATER DISTRICT currently have
cumpleted, or have operational, reclamation plants within their service areas.
WHEREAS, the ENCINA members, in the 27th Supplement, recognize that
ENCINA operation requires a miniturin of 10 million gallons per day of sewage
effluent and that each agency must contribute their fair share of that flow
based on proportional ownership of the Joint System.
WHEREAS, both public policy and the water dynamics of San Diego
County favor reclamation and reuse of effluent, and negating reclamation and
reuse for no legitimate purpose would violate public policy and be
unenforceable.
WHEREAS, public policy precludes a member agency from abrogating the
authority or responsibility for operation of its separate sewage system.
WHEREAS, the basic (ENCINA) Agreement identifies the Joint System as
Units A through J pursuant to Section 2 of said Agreement.
WHEREAS, budgets to date prepared for the ENCINA Joint System relate
solely to Units A tbrough J.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY
WATER DISTRICT DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Subject to the foregoing recitals and the following
interpretation, the Board authorizes signature of the 27th ~nendment to the
Basic Agreement of the ENCINA JOINT POWERS, copy attached (Exhibit "A") .
Section 2: The 27th Supplement applies to reclaiming water only
from the Joint System (Units A through J) and not to other sewage originating
within a member agency service area. Each member must contribute a
proportionate share of sewage, based on relative ownership, to the Joint
System. The by-product of recl~mstion may be sent to the Joint System
provided it meets applicable quality and quantity standards. M~mhers must
bear their proportionate share of the cost of operation of the Joint System
but are not required to subsidize the operation of otber agencies.
Resolution No. 776
Page 2
Section 3: Subject to the foregoing understanding, SAN MARCOS
COUNTY WATER DISTRICT supports water reclanation and reuse by member agencies
and will reclaim water from the sewage originating within the District (not in
the Joint System).
Section 4: The Secretary of the SAN MARCOS COUNTY WATER DISTRICT
is directed to provide a certified copy of this resolution to member agencies
and the ENCINA Manager to promote a conmon understanding of the 27th
Supplement.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the Board of
Directors held this 17th day of June, 1985, by the following roll call vote:
AYES: Directors: Rutherford, Ferguson, Newport
NOES: Directors: Mason, Mahr
ABSTAIN: Directors: None
ABSENT: Directors: None
Board of Directors
San Marcos County Water District
AITE,ST:
Board of Directors
San Marcos County Water District
TWENTY-SEVENTH SUPPLEMENT TO BASIC AGREEMENT
TO PROVIDE FOR AMENDMENT OF SECTION 32 AND
AMENDMENT OF SECTIONS 17.3(b) AND 17.3(c) RE
COST OF OPERATION AND MAINTENANCE
This Twenty-Seventh Supplement is made and entered into this
day of , 1985, by and among: THE CITY OF VISTA,
(VISTA), a General Law City; CITY OF CARLSBAD (CARLSBAD), a
General Law City; SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS),
a County Water District; BUENA SANITATION DISTRICT (BUENA), a
County Sanitation District; ENCINITAS SANITARY DISTRICT (ENCINI-
TAS), a Sanitary District; and LEUCADIA COUNTY WATER DISTRICT
(LEUCADIA), a County Water District.
Recitals
A. On or about July 13, 1961, the CITY OF CARLSBAD, a gen-
eral law city, and the VISTA SANITATION DISTRICT entered into a
written Joint Powers Agreement for acquisition, construction,
ownership, and operation of a joint sewer system, commonly known
as the Encina Water Pollution Control Facility (EWPCF)~ said
joint powers agreement is commonly known as the "Basic Agreement.''[~
B. The aforesaid Basic Agreement has been modified and
supplemented from time to time by written agreements signed by
the parties to said Basic Agreement.
C. BUENA became a party to the Basic Agreement by virtue
of the Second Supplement thereto dated January 6, 1964.
D. SAN MARCOS became a party to the Basic Agreement by
virtue of the Third Supplement thereto dated March 22, 1965..
E. LEUCADIA and ENCINITAS became parties to the Basic
Agreement by virtue of the Fifth Supplement thereto dated Septem-
ber 17, 1971.
F. At all times since July 13, 1961, the Basic Agreement,
as modified and supplement, has been and still is in full force
and effect.
G. On or about September 1~, 1983, the VISTA SANITATION
DISTRICT was dissolved and the functions theretofore performed by
said District was assumed by the CITY OF VISTA.
H. Section 32 of the Basic Agreement for the ownership and
operation of the Encina Joint Sewer System provides as follows:
"Any party to this Basic Agreement, at its own expense, may,
and shall have the right to, reclaim water from any sewage
in the Joint System and to install at any place approved by
the parties to said Basic Agreement facilities for the
reclamation of water from sewage. Any such reclamation
shall.not reduce the M & O expenses payable by any party and
such M & O expenses shall be charged and paid as though
there had been no such reclamation. In the event the
requests to reclaim water exceed the available supply, each
party shall be entitled to reclaim water from that portion
of the total sewage entering the Joint System that is equal
to the proportion of capacity of the treatment (Unit I)
owned by such party as shown in Exhibit "C" hereto attached."
I. Section 17.3(b) of the Basic Agreement provides as
follows:
"All administration, maintenance, and operation expense (in-
cluding overhead) of the Joint System, (except Units "A",
"B", and "C"), hereafter sometimes referred to as M & 0
expense, shall be paid by each party in an amount equal to
that portion of the total M & 0 expenses which the actual
amount of sewage received that fiscal year from such party
(pius its share of inflow from leakage as provided in
Section 18) bears to the total actual quantity of sewage
handled and treated that fiscal year by the Joint System.
This amount shall be determined in accordance with recog-
nized accounting principals."
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J. Section .17.3(c) of the Basic Agreement provides as
follows:
"Not later than May 1st in any year the Administrator shall
estimate the amount of money required to maintain and oper-
ate the Joint System during the ensuing fiscal year, and the
proportionate amount to be paid by each party to this Basic
Agreement. Such estimate shall be based on the cost, main-
tenance, and operation during the current fiscal year as
such proportion of the sewage developed and originating
within the jursidiction of each of the parties bears to the
total amount of sewage developed and originating in the
jurisdictions of all parties; provided, however, at the com-
mencement of operation of the Joint System the Administrator
shall estimate such costs for the balance of the current
fiscal year based upon estimates of the sewage to develop
and originate within the jurisdiction of each of the parties
and be handled and treated by the Joint System. It shall be
the duty of each party to include the sum for maintenance
and operating expense in its budget or other program of
expenditures but in any event to make payments promptly at
the time the same become due."
K. That as a precondition to a state and federal grant for
Phase III Upgrading and Enlargement of the Encina Water Pollution
Control Facility, the Joint Powers agreed to implement a Finan-
cial and Revenue Program providing for a "user charge system."
L. That the requirements of the Financial and Revenue Pro-
gram required by the state and federal governments conflict with
the provisions of Sections 17.3(b) and 17o3(c) and Section 32 of
the Basic Agreement.
M. That it is necessary and in the best interest of all
members of the Encina Joint Powers to amend Section 32 and amend
Section 17.3(b) and 17.3(c) of the Basic Agreement to provide
that all future M & 0 expenses shall be based on ownership and
usage in accordance with the Financial and RevenUe Program imple-
mented by the Encina Joint Powers and submitted to the State of
Calfornia, and any revisions thereof or amendments thereto.
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NOW,. THEREFORE, the parties hereto agree as follows:
1. From and after the effective date of this Twenty-Seventh
Supplement, the provisions of Section 32 of the Basic Agreement
shall be hereby amended as follows:
"(a) Any party to this Basic Agreement, at its own expense,
may, and shall have the right to, reclaim water from
any sewage in the Joint System which emanates within
the jurisdiction of the respective reclaiming party.
And, subject to the limitations hereafter stated, each
party shall have the right to install facilities for
the reclamation of water from sewage. Provided, how-
ever, no party hereto shall have the right to reclaim
water unless the average daily sewage flow from such
party's jurisdiction that is entering Unit I of the
Joint System is in the same percentage of 10 MGD as is
such party's percentage of capacity-ownership right in
said Unit I. Further provided, that any reclamation
shall require the approval of all the parties hereto in
the event that such reclamation facility, or proposed
reclamation facility, is so designed and/or constructed
that any solids or non-treated effluent from any such
facility may be discharged into Unit I of the Joint
System. Provided, however, such approval shall not be
unreasonably withheld. Approval of such use or pro-
posed use of a reclamation facility shall not be with-
held unless the use of such facility will adversely
affect one or more of the non-proposing parties hereto,
and the reclaimer cannot reasonably mitigate the
· adverse impact. Nothing in this Section 32 shall be
construed so as to require approval by the parties
hereto as to the geographic location of a reclamation
facility constructed solely within the boundaries of
any party hereto.
(b) Approval of all parties hereto shall be required prior
to the construction of any reclamation facility that is
so designed and/or constructed that such facility may
utilize Unit J of the Joint System for discharge of
reclaimed water. Provided, however, such approval shall
not be unreasonably withheld. Provided, however,
approval of any such facility shall not be withheld
unless the use or proposed use of such reclamation
facility will adversely affect one or more of the non-
proposing parties hereto, and the reclaimer cannot
reasonably mitigate the adverse impact.
(c) Subsection (a) and (b) above pertain to all future
reclamation facilities. Currently constructed facil-
ities may be operated to their current c~Jacity without o
further action by owners. The current reclamation
facilities and capacities are as follows:
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Reclamation
Entity Facility Capacity
City of Carlsbad Calavera Hills 1.2 MGD
LCWD Gaffnet 0.75 MGD
SMCWD Medowlark 2.0 MGD
Buena Sanitation
District Shadowridge 1.0 MGD
(d) Because of the uncertainties associated with the pend-
ing 301(H) Waiver and possible benefits of water recla-
mation, a good faith review will be held by the parties
hereto within three (3) years in order to consider
equitable adjustments to reclamation entitlement as set
forth above herein.
2. Section 17.3(b) of 'the Basic Agreement is hereby amended
to read as follows:
"(1) All administration, maintenance, and operation expenses
(including overhead) of and for Unit I of the Joint
System here after sometimes referred to as M & O expen-
ses, shall be paid by each party based on each party's
percentage of ownership and usage of Unit I. For the
purposes of this Section 17.3(b)(1), the following
definitions shall.apply: "usage" shall mean the costs
for power, chemicals, maintenance, and other sewage
treatment, solids handling and disposal process which
results from sewage entering Unit I; "ownership" shall
mean the costs for insurance, administration expenses,
laboratory expenses, plant operations, services, and
maintenance, and other sewage collection and treatment,
solids handling and effluent disposal costs which are
incurred irrespective of the amount of sewage which
enters Unit I.
(2) Except for Units I, B, and C of the Joint System, which
units are otherwise provided for in this Basic Agree-
ment), all administration, maintenance, and operation
expense of the Joint System shall be paid by each party
in an amount equal to that portion of the total M & O
expenses of said system, which the actual amount of
sewage received that fiscal year from such party (plus
its share of inflow from leakage as provided in Section
18) bears to the total actual quantity of sewage
handled and treated that fiscal year by the Joint
System. This amount for all units of the Joint System
(except Units I, B, and C) shall.be determined in
accordance with recognized accounting principles.
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(3) Each party hereto shall pay its proportional share of
the administration, operation, and maintenance expenses
provided for in Sections 17.3(b}(1) and 17.3{b)(2)
above pursuant to and in accordance with the Revenue
and Financial Plan as incorporated in the annual budget
for the Joint System as adopted by all members of the
Encina Joint Powers."
3. Section 17.3(c) of the Basic Agreement is hereby amended
to read as follows:
"Not later than May 1st in any year, the Administrator shall
estimate the amount of money required to maintain and oper-
ate the Joint System during the ensuing fiscal year, and the
proportionate amount to be paid by each party to this Basic
Agreement. Such estimate shall be based on the total main-
tenance and operation costs (M & 0 expenses) during the
current fiscal year as such costs are set forth in the cur-
rent Revenue'and Financial Plan incorporated in the current
approved budget for the Encina Joint Sewer System; and each
party shall pay that portion 'of said total M & 0 expenses as
determined pursuant to and in accordance with Sections
17.3(b)(1) and 17.3(b)(2) of this Basic Agreement. It shall
be the duty of each party to include the sum for M & 0 ex-
penses in its budget or program of expenditures, but in any
event to make payments promptly at the time they become due."
4. As expressly modified by this Supplement, the Basic
Agreement as heretofore supplemented and modified in writing
shall remain in full force and effect until further modified or
supplemented in writing si~ned by all the.parties hereto.
5. This Twenty-Seventh Supplement may be executed in
counterparts and upon execution thereof by all parties set forth
on Page 1 hereof, each such counterpart shall be deemed to con-
stitute the original of this Agreement.
6. This Twenty-Seventh Supplement shall become effective
on the last date that a party hereto adopts a resolution author-
izing execution hereof.
·;
IN WITNESS WHEREOF, each party hereto has caused this Agree-
ment to be signed by its respective officials heretofore duly
authorized by the legislative bodies thereof.
Approved by Resolution CITY OF VISTA,
No. on
, 1985.
By
, Mayor
Approved by Resolution CITY OF CARLSBAD,
No. on
, 1985.
By
, Mayor
Approved by Resolution LEUCADIA COUNTY WATER DISTRICT
No. on
, 1985.
By
Approved by Resolution SAN MARCOS COUNTY WATER
No. 726 on DISTRICT,
June 17 , 1985.
B~~~
Approved by Resolution BUENA SANITATION DISTRICT,
No. on
, 1985 .....
By
Approved by Resolution ENCINITAS SANITARY DISTRICT,
No. on
, 1985.
By
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