Reso 0617-09/1981 RESOLUTION NO. 617
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING
THE EXECUTION OF THE SEVENTEENTH SUPPLEMENT TO
THE BASIC AGREEMENT FOR ENCINA JOINT SEWER SYSTEM
TO PROVIDE FOR INCREASING CAPACITY OF SAID SYSTEM
FROM 18.0 MGD TO 22.5 MGD, AND APPORTIONING COSTS
OF PHASE III CONSTRUCTION
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 Agree-
ment, ("BASIC AGREEMENT"), which provides for the operation and maintenance
of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL
FACILITIES, (EWPCF); and
WHEREAS, from 1965 to present the design capacity of the joint
sewer system has been increased from 3.75 million gallons per day (MGD) average
daily flow (ADF) to 13.75 MGD ADF; and
WHEREAS, an expansion of Unit I of the EWPCF, known as Phase III
Enlargement and Upgrading, is currently under construction providing for an
increase in capacity from 13.75 MGD to 18.0 MGD; and
WHEREAS, the members of the Joint Powers have agreed by virtue of
a Sixteenth Supplement to the "Basic Agreement" that the rerated capacity of
the EWPCF is 16.0 MGD pending completion of Phase III Enlargement and Upgrading;
and
WHEREAS, the EWPCF is presently capable of treating an average daily
waste water flow of 16.0 MGD, as well as treating solids from 20.9 MGD of waste-
water flow. The peak wet weather flow capacity of said facility is 34.8 MGD;
and
WHEREAS, Phase III Upgrading and Enlargement is scheduled to be com-
pleted in late 1982, at which time the present projection of population for the
area served by the EWPCF will require further expansion of said facility; and
WHEREAS, it is desirable to increase the capacity of the EWPCF (Unit I)
from 18.0 MGD to 22.5 MGD to meet future flowage demands of the parties hereto; and
WHEREAS, it is desirable that the construction of the facilities for
increasing capacity from 18.0 MGD to 22.5 MGD be made concurrently with Phase III
Upgrading and Enlargement in order that the future costs of such construction,
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Resolution No. 617
and the time required for such construction, be substantially lessened; and
WHEREAS, it is necessary to provide for the apportionment among
members of the Joint Powers of ownership rights in the increased capacity; and
WHEREAS, it is necessary to provide for apportionment of Phase III
costs of construction so as to include Encinitas and to provide for compensation
to Encinitas by reason of reduced percentage of ownership upon completion of
Phase III; and
WHEREAS, it is necessary to provide for apportionment among the parties
to the Joint Powers Agreement of the costs of, and attendant to, the planning,
design, and construction of facilities for such increased capacity to 22.5 MGD;
and
WHEREAS, the Joint Advisory Committee to all parties to the "Basic
Agreement" has approved the proposed Seventeenth Supplement to the "Basic
Agreement"; and
WHEREAS, it is in the best interest of this District to execute said
Seventeenth Supplement; and
WHEREAS, a copy of the Seventeenth Supplement to the "Basic Agreement"
is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT, as follows:
Section 1: That the Board of Directors of this District be, and
is, hereby authorized to execute the Seventeenth
Supplement to the "Basic Agreement" for the Encina
Joint Sewer System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of
Directors of the San Marcos County Water District on the 21th day of September
1981, by the following roll call vote:
AYES: Directors: Holm, Mason, Waller, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Mahr
SEVENTEENTH SUPPLEMENT TO BASIC AGREEMENT
PROVIDING FOR INCREASING CAPACITY OF ENCYNA
WATER POLLUTION CONTROL FACILITIES FROM 18.O
MGD TO 22.5 MGD AND FOR APPORTIONMENT OF
INCREASED CAPACITY AND AMENDING THE TENTH
SUPPLEMENT TO "BASIC AGREEMENT" TO DELETE
APPORTIONMENT FOR SECONDARY TREATMENT AND
ADDING PROVISIONS FOR APPORTIONMENT OF PHASE
III COSTS OF CONSTRUCTION
This Seventeenth Supplement is made and entered into this
day of , 1981 by and among: VISTA SANITATION
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 Sanitary District.
A. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS
own and operate the ENCINA WATER POLLUTION CONTROL FACILITY
and OCEAN OUTFALL (and related facilities); hereafter re-
ferred to as EWPCF.
B. By an agreement between VISTA and eARLSBAD, dated July 13,
1961, entitled "BASIC AGREEMENT BETWEEN VISTA SANITATION
DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND
CONSTRUCTION OF A JOINT SEWER SYSTEM", VISTA and CARLSBAD
became the owners and operators of the EWPCF.
C. By virtue of Supplements and Amendments to the aforesaid
"BASIC AGREEMENT", SAN MARCOS, LEUCADIA ~ BUENA, and
ENCINITAS became parties to the "BASIC AGREEMENT".
D. At the time said "BASIC AGREEMENT" was entered into, the
EWPCF was designed to have a minimum capacity to receive,
treat, and dispose of 3.5 million gallons average daily
flow of sewage; and upon commencement of operation of
the EWPCF in September 1965, it provided primary treatment
for ADWT capacity of 4.50 MGD.
E. By virtue of an expansion to Unit I ('the treatment plant)
of the EWPCF known as Phase II Enlargement, the capacity
of said Unit I was enlarged from 6.75 MGD to 9.75 MGD, and
by a further expansion to said Unit I, known as Phase IIA
Enlargement, the capacity of said EWPCF was increased from
9.75 MGD to 13.75 MGD.
F. An expansion of Unit I of the EWPCF, known as Phase III
enlargement, is currently under construction providing for
an increase in capacity from 13.75 MGD to 18.0 MGD.
G. The parties hereto have agreed by virtue of a Sixteenth
Supplement to the "BASIC AGREEMENT" that the rerated
capacity of the EWPCF is 16.0 MGD pending completion of
Phase III Upgrading and Enlargement.
H. The EWPCF is presently capable of treating an average daily
- wastewater flow of 16.00 MGD, as well as treating solids
from 20.9 MGD of wastewater flow. The peak wet weather
flow capacity of said facility is 34.8 MGD.
I. Phase III Upgrading and Enlargement is scheduled to be com-
pleted in late 1982 at which time the present projection of
population for the area served by the EWPCF will require
further expansion of said facility.
J. It is desirable to increase the capacity of the EWPCF (Unit
I) from 18.0 MGD to 22.5 MGD to meet future flowage demands
of the parties hereto.
K. It is desirable that the construction of the facilities for
increasing capacity from 18.0 MGD to 22.5 MGD be made con-
currently with Phase III Upgrading and Enlargement in order
that the future costs of such construction and time required
for performance thereof be substantially lessened.
L. It is necessary to provide for the apportionment among the
parties hereto of ownership rights in the increased capacity..
M. It is necessary to provide for the apportionment among the
parties hereto of the costs necessary for, and attendant to,
the planning, design, and construction of facilities for
such increased capacity to 22.5 MGD.
N. The Seventeenth Supplement to the "BASIC AGREEMENT" is made
pursuant to the provisions of Article I, Chapter 5, Division
7, Title I, of the Government Code of the State of California
commencing with Section 6500, relating to the joint exer-
cise of Forces common 'to all public agencies; in this case,
being all of the parties hereto which is authorized to
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contract with the other pursuant to such provisions.
O. It is necessary to provide for apportionment of Phase III
costs of construction so as to include ENCINITAS and provide
for compensation to ENCINITAS by reason of reduced percentage
of ownership upon completion of Phase III.
NOW, WHEREFORE, THE PARTIES AGREE AS FOLLOWS:
PHASE IIIA ENLARGEMENT OF UNIT I
Section 1. The ENCINA WATER POLLUTION CONTROL FACILITY (Unit I) shall be
enlarged and improved to meet the future demands of the parties
hereto and environmental protection requirements of applicable
regulatory bodies and/or agencies. Said improvement and en-
largement shall be designated as Phase IlIA Enlargement and
shall be hereafter referred to by such designation.
Section 2. The Phase IIIA Enlargement shall be a joint project of VISTA,
CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS. LEUCADIA
is hereby appointed as administrator of the joint project and
is authorized upon approval of the 1981-1982 Budget for the
EWPCF to contract with such consulting engineers as necessary
for engineering services hereinafter provided, and to prepare
and flle on behalf of the parties hereto appropriate applica-
tions and other documents for approval of the jolnt project
by any and all federal, state, county and/or city governments,
or agencies, having jurisdiction over the joint project, or
and part thereof pursuant to applicable law or regulation.
LEUCADIA shall also cause to be prepared, by a contract with
qualified engineers, an Environlnental impact Report for the
Phase IIIA Enlargement as the lead agency pursuant to the
provisions of the Public Resources Code of the State of
California, Sectlon 21165.
Section 5. ENGINEERING SERVICES
The engineering services to be furnished by the engineers
pursuant to the contract authorized hereunder shall include
the following
1. Environmental Impact Report, including public hearings
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and all supplemental reports as may be required.
(2.) Reports requiring Services of licensed engineers as are
necessary for submission to federal and state agencies as a
condition to approval of the joint project.
(3.) Development and preparation of such additions, supple-
ments, and/or modifications to the "Financial Plan and
Revenue Program" developed for the Phase III Upgrading and
Enlargement as are necessary to comply with applicable state
and federal requirements.
(4.) Design services, including preparation of plans and
specifications and office engineering during construction.
-(5.) Preparation of such modifications to the Phase III
Project Report as are necessary by reason of the increased
capacity to be created by Phase IIIA.
(6.) Preparation of modifications to the Phase III operation
and maintneance manuals as are necessary by reason of the
increased capacity provided for in this supplement to the
"BASIC AGREEMENT".
(7.) Miscellaneous engineerin9 services.
Section 4. PAYMENT OF ENGINEERING SERVICES
Each of the parties hereto shall advance to LEUCADIA the
costs of such engineering services contracted for by
LEUCADIA, as provided herein, in the following proportions:
VISTA 30%, CARLSBAD 25.40%, BUENA 4.59%, SAN MARCOS 17.78%,
LEUCADIA 15.67%, and ENCINITAS 5.56%. Provided, however,
the ultimate liability of the parties hereto, for the costs
of such engineering services shall be equal to the total
costs of engineering services multiplied by the respective
percentages of capacity each party will be entitled to in
Unit I (Treatment Plant) at the conclusion of Phase IIIA
Enlargement. The 1981-1982 ENCINA WATER POLLUTION CONTROL.
FACILITIES BUDGET shall. include an amount estimated by the
parties hereto at the time of approvin9 such budget as
necessary to pay the cost for all engineering services
described above in Section 3 hereof. Each party hereto
shall pay to LEUCADIA as administrator for said engineer-
ing services upon written demands fforwarded to them by
LEUCADIA. Such demands will be forwarded and such payments
shall be made at such times as will enable LEUCADIA to pay
for the costs of such engineering services in accordance with
the contracts between LEUCADIA and the engineering firm or
firms as authorized in Section 3 above herein. LEUCADIA shall
be strictly accountable to all parties hereto for all funds
received by it pursuant to this agreement, and shall maintain
records of all receipts and disbursements pursuant hereto.
Section 5. Upon completion of the engineering services set out in
Section 3 above, and the approval thereof by the parties
hereto, LEUCADIA shall contract with such contractors as are
necessary for the construction of the Phase IIIA Enlargement
provided for herein. It is understood and agreed that there
are not presently available any grants-in-aid under state or
federal law, or regulation, and that the costs of the Phase
IIIA Enlargement shall be borne solely by all parties hereto.
The respective liability of each party hereto for its share of
the construction costs shall be the same percentage thereof
as provided above in Section ~ for the apportionment of costs
for engineering services. The 1982-1985 ENCINA WATER POLLUTION
CONTROL FACILITIES BUDGET shall include an amount estimated
by the parties hereto at the time of approvin9 such budget, as
necess=lry to pay construction costs of Phase IIIA described in
this supplement. Each party hereto shall pay to LEUCADIA, as
adminis~r'ator, for construction costs as adopted in said
budget upon written demand forwarded to them by LEUCADIA.
Such demands will be forwarded and such payments shall be
made at such time as will enable LEUCADIA to pay for the costs
of construction in accordance with the construction contract
or contracts entered into between LEUCADIA and the contruc-
tion contractor or contractors. LEUCADIA shall be account-
able to the parties hereto for all funds received by it; and
shall maintain records of all receipts and disbursements to
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the same extent and degree as provided above in Section 4 for
engineering funds. It is further agreed that in the event
any grants-in-aid, state or federal, become available and
are received as and for assistance in either the engineering
or construction costs of Phase IIIA Enlargement, the costs to
each party hereto shall be reduced by the percentage of such
grants-in-aid funds as each party's ownership interest in Unit
I (Treatment Plant) bears to the total funds so received.
Section 6. OWNERSHIP RIGHTS
Upon completion of the Phase IIIA Enlargement of Unit I
(Treatment Plant) and the payment by all parties hereto of
the amount required to be paid pursuant to the provisions of
this Seventeenth Supplement, each party hereto shall have
capacity rights in Unit I to the extent as hereinafter set
forth. Upon completion of Phase IIIA Enlargement, the res-
pective ownership and capacity rights in Unit I shall be as
follows:
OWNERSHIP AND CAPACITY RIGHTS AFTER PHASE IIIA ENLARGEMENT
PARTY MGD PERCENTAGE
VISTA 6.75 30.00
CARLSBAD 5.716 25.40
BUENA 1.034 4.59
SAN MARCOS 4.00 17.78
LEUCADIA 3.75 16.67
ENCINITAS 1.25 5.56
Section 7, AMENDMErIT OF TENTH SUPPLEMENT TO "BASIC AGREEMENT" TO DELETE
APPORTIONMENT OF COSTS FOR CONSTRUCTION OF SECONDARY TREATMENT
AND 'FO PROVIDE FOR AF~PORTIONMENT OF THE COST OF PHASE III
CONSTRUCTION,
The Tenth Supplement to the "BASIC AGREEMENT" is hereby amended
as follows:
(a) Sections 5,6, and 7, respectively, of the Tenth
supplement to the "BASIC AGREEMENT" are hereby
deleted in their entirety,
(b) There is hereby added to the Tenth Supplement to
the "BASIC AGREEMENT" a new section 5 which reads
as follows:
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"SECTION 5, APPORTIONMEHT OF COST OF CONSTRUCTION OF
PHASE III.
The costs of constnuction of Phase III described in
this Tenth Supplement, exclusive of state and federal
grants, shall be shared by the parties hereto in the
percentages as follows:
PARTICIPANT PERCENTAGE
VISTA 30.00
-- CARLSBAD 25.40
BUENA 4.59
SAN MARCOS 17.78
LEUCADIA 16.67
ENCINITAS 5.56"
(c) Sections 8, 9, 10, 11, and 12 respectively, of the
Tenth Supplement are hereby tenumbered as sections 6,
7, 8, 9, and 10 respectively.
(d) Section 6 of the Tenth Supplement, as renumbered, is
hereby amended to read as follows:
"SECTION 6, OWNERSHIP AND CAPACITY RIGHTS AFTER
COMPLETION OF PHASE III.
Upon completion of Phase III Enlargement wherein and
whereby Unit I will be enlarged from 13.75 MGD to 18.0
MGD, each of the parties hereto shall have ownership
and capacity rights in Unit I and Unit J as follows:
Ur. IIT I
PARTY MGD PERCENTAGE
VISTA 5.40 30.00
CARLSBAD 4,56 25.40
BUENA 0.82 4.59
SAN MARCOS 3.22 17.78
LEUCADIA 3.00 16.67
ENCINITAS 1 . 0O 5.56
UNIT J
PARTY MGD PERCENTAGE
VISTA 6.34 16.67
CARLSBAD 10.89 28.66
BUENA 4.94 15.00
PARTY MGD PERCENTAGE
SAN MARCOS 6.33 16.67
LEUCADIA 6.33 16.67
ENCINITAS 3 . 17 8 . 33"
(e) Section 7 of the Tenth Supplement as renumbered
is hereby amended to read as follows:
"SECTION 7, REIMBURSEMENT TO ENCINITAS FOR REDUCTION
IN OWNERSNIP IN SEDIMENTATION TANKS AND LAND.
Upon completion of Phase III, all parties to this
agreement, except ENCINITAS, shal 1 reimburse Encinitas
Sanitary District for its reduction of ownership after
compietion of Phase III, in the sedimentation tanks
and land. The manner in which the value of reim-
bursement shall be determined is as follows:
1. The book value of the land and Unit I as of June
30, 1980 shall first be determined; and
2. The value determined pursuant to (1.) above, shall
then be multiplied by the percentage of reduction,
3. The amount determined pursuant to (1.) and (2.) above shall be
apportioned among all members, except ENCINITAS, based on each
such members ownership of the book value of the land and Unit
I upon completion of Phase III project."
The above reimbursement is necessary to compensate ENCINITAS for
its reduction in percentage of ownership from 7.27% in the pre
Phase III Unit I to 5.56% in the post Phase ill Unit I.
Section 8. LIMITATION UPON AUTHORITY OF LEUCADIA TO CONTRACT
Upon the unanimous written approval by all members of the
ENCINA JOINT POWERS ADVISORY COMMITTEE of the engineering
and design authorized above in Section 3, and subject to the
limitations in the Budget of the EWPCF for the fiscal years
1981-1982 and 1982-1983, LEUCADIA shall be, and is hereby
authorized to enter into contracts with engineers and con-
struction contractors as are necessary ~o complete the Phase
IIIA Enlargement, without further authorization by the parties
hereto. Provided, however, the authority of LEUCADIA to
enter into such contracts without the need for furtruer
authorization is limited by the express condition precedent
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to the exercise of such authority, that the total cost for
completion of Phase IIIA shall not exceed the aforesaid
amounts established in the 1981-1982 and 1982-1983 Budgets
of the EWPCF for Phase IIIA Enlargement. Provided, further,
that in the event the consulting engineer's estimate fop
engineering services for Phase IIIA Enlargement exceed the
amount budgeted therefor or, in the event that the construc-
tion costs for completion of Phase IIIA as evidenced by
the lowest responsible bids for said construction exceed
the amount budgeted therefor, then and in that event,
LEUCADIA shall enter into no contract in connection with
said Phase IIIA without the prior written approval of the
parties hereto.
Section 9. COUNTERPARTS.
This agreement may be executed in counterparts, and upon
execution thereof by all of the parties set forth on Page 1
hereof, each counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, each party hereto has caused this SEVEN-
TEENTH SUPPLEMENT TO THE "BASIC AGREEMENT" to be signed by its
respective officials heretofore duly authorized by the legislative
bodies thereof.
APPROVED BY RESOLUTION: NO ON
VISTA SAIJI'I'ATIOi] DISTRIC[': By
APPROVED BY RESOLUTION: NO ON
CITY OF CARLSBAD: By
ATTEST:
CITY CLERK
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APPROVED BY RESOLUTION: [lO ON
BUENA SANITATION DISTRICT: By
APPROVED BY RESOLUTION: NO 617 ON September 2l, 198l
SAN MARCOS COUNTY WATER DISTRICT: By
APPROVED BY RESOLUTION: NO ON
LEUCADIA COUNTY WATER DISI'RICT: By_
By
APPROVED BY RESOLUTION: NO ON
ENCINITAS SANITARY DISTRICT: By
By
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