HomeMy WebLinkAboutReso 1967-4358RESOLUTION NO. 4358
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
URGING THE LOCAL AGENCY FORMATION COMMISSION TO DENY THE
REQUEST FOR ANNEXATION OF ROBINHOOD HOMES, INC., ANNEXATION
TO THE SPRING VALLEY SANITATION DISTRICT, AND REQUESTING
THE LOCAL AGENCY FORMATION COMMISSION TO ESTABLISH STANDARDS
RELATIVE TO ANY ANNEXATIONS OR FORMATIONS WITHIN THE AREA
FOR WHICH THE CITY OF CHULA VISTA HOLDS RESERVE SEWER CAPACITY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Local Agency Formation Commission has hereto-
fore continued the hearing for consideration of the annexation of
approximately 17.93 acres of territory known as Robinhood Homes, Inc.
Annexation to the Spring Valley Sanitation District until March 20,
1967, and
WHEREAS, said annexation was approved by the Board of the
Sanitation District on January 16, 1967, pursuant to Document No. 382486
and
WHEREAS, the City of Chula Vista reserved, under the terms
of the initial agreement with the Metropolitan Sewer System in 1961,
approximately 26 million gallons of capacity in said Metropolitan
Sewer System, and
WHEREAS, said reserve capacity was intended to serve a drainage
basin adjacent to the City of Chula Vista, as shown in the report of
Engineering Science prepared prior to the acceptance of the agreement
with the Metropolitan Sewer System, and
WHEREAS, the City of Chula Vista's present reserve capacity
is far in excess of the present needs of the City of Chula Vista and
was accepted based upon the clear understanding that the designated
area to be served by said reserve capacity would either be annexed to
the City of Chula Vista or that a proportionate share of the capacity
would be transferred to any other annexing agency or any district or
city formed or incorporated within said territory, and that said
district or city would compensate the City of Chula Vista for amounts
expended by said City in the reservation of said proportionate share
of capacity, and
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WHEREAS, the action of the City of Chula Vista, in accepting
said excessive amount of reserve capacity, was essential to the estab-
lishment of the Metropolitan Sewer System, and
WHEREAS, the Local Agency Formation Commission has hereto-
fore authorized the annexation of territory within the reserve capacity
area of the City of Chula Vista to the City of National City without
providing for just compensation to the City of Chula Vista or the
transfer of a portion of the capacity rights to the City of National
City, and
WHEREAS, said action would now be further compounded by
approving the annexation of the Robinhood Homes, Inc. Annexation to
the Spring Valley Sanitation District, and
WHEREAS, pursuant to the agreement between the City of
Chula Vista and the Spring Valley Sanitation District for the construc-
tion of an outfall sewer line the following condition was specifically
set forth on Page 3, Subsection (b) of Section 2 of said agreement:
"(b) That Spring Valley Sanitation District shall not
permit the Outfall Sewer to be used to serve the area
within the Sweetwater River drainage basin designated
as Area Two on base map showing sewerage study area and
study zones contained in a report on collection, treatment
and disposal of sewage and industrial waste, Chula Vista,
California, dated April 15, 1959, prepared by Engineering
Science, Inc., unless said area has been annexed to the
City of Chula Vista or is a part of a municipal corporation,
public agency or district that has acquired from the City
of Chula Vista capacity rights in the Metropolitan Sewerage
System."
and
WHEREAS, all of the terms of said agreement, executed on
Jan
January 2, 1962 were expressly reiterated by a second agreement between
the City of Chula Vista and the Spring Valley Sanitation District
executed on March 9, 1964.
NOW, THEREFORE, BE IT RESOLVED that the Local Agency Forma-
tion Commission be requested to take the following three actions:
1. To deny the requested annexation of that territory
known as Robinhood Homes Inc. Annexation at their meeting of March 20,
1967.
2. To deny any annexation, formation or incorporation
within that area for which the City of Chula Vista has acquired reserve
sewer capacity rights and for which the City of Chula Vista has been
and will continue to make payments to the Metropolitan Sewer System
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u ~ S s~
unless there is first a clear agreement between the City of Chula
Vista and any annexing agency or district or municipality being formed
or incorporated for the transfer of sewer capacity rights to said agency
and the just compensation to the City of Chula Vista for sums already
expended for such sewer capacity rights.
3. That the City of Chula Vista be properly notified by
the Local Agency Formation Commission in all instances of requests
for annexation, formation or incorporation occurring within said
territory for which the City of Chula Vista has reserved sewer capacity
rights.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby directed fo forward certified copies
of this resolution to the Local Agency Formation Commission, the
County Board of Supervisors, the Board of the Spring Valley Sanitation
District, the City Council of the City of San Diego, Assemblyman
Waddie P. Deddah, and to the Assembly Interim Committee on Municipal
and County Government, Chairman John T. Knox.
Presented by
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.Y.. _.
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Fred A. Ross, thief Adfftinistrative
Officer
Approved as to form by
George D Lindberg, ity Attor
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n,i50?E0 ~~:~'D APPRO`JF~D b_v t~ CITY COLTNG'IL o~ the CyfiY C`F C,H~13~A VISTh,
CAU-~FGR1~-~A, this _ 14th day of ~ March p~, i~~y ~~y the. ~:_>lioTving ~oL-e,
to-wit„
A'i'ES° Ccunciimen Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES ~ Coa~7ci l~ntn None
ABSENT;; ;~Unei~me. None
tiTTr,S T `r ~e_-c_~-E _-E ~ ^ Ce.<-E~- ,~
City Clerk
STATE 0'F Ct,L:I. DRN IA
COUNTY !JF SAN DItiGG ss .
C I,TY OF i~HU:i~A ~~ TST.a ,r
rte---~ ' ~ ~'--
9
Mayor or tree ity of China Vista
I7 KENT~TN r ._ E:~.'~1EB~;L~, City Clerk of the City of China Vista., Califor~aia,
DO HrREBY LERTIF't' that the abo~~e ar.d fnr_egoi.ng is a Fu1'_, true ,.rid. coYrec. copy of
or repealed.
DATED;
and that the same has ncr_ been amended
Cit~~ Cieric
G:.-652
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