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HomeMy WebLinkAboutReso 1996-18529 RESOLUTION NO. 18529 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PRINCIPLES OF UNDERSTANDING BETWEEN THE CITIES OF CHULA VISTA AND SAN DIEGO, RATIFYING THE RELATED LETTER AGREEMENT DATED 11/26/96 BETWEEN THE TWO CITIES, AND AUTHORIZING THE MAYOR TO EXECUTE THE PRINCIPLES WHEREAS, the City of Chula Vista has a contract with the City of San Diego which provides Chula Vista with certain capacity and use rights in the Metro Sewer System; and WHEREAS, numerous other cities and sewer districts also have contracts with San Diego for sewer service; and WHEREAS, Chula Vista and the other contract agencies have had ongoing disputes with San Diego over billing and other matters arising under these Metro contracts; and WHEREAS, as a result of extended negotiations, the "Principles of Understanding" ("Principles") on file in the City Clerk's Office as Document No. C096-230 have been prepared as a proposed means for clarifying some issues that have arisen under the Metro Contracts and for providing a procedure to negotiate and, hopefully, resolve the remaining sewer issues without the need for expensive and time-consuming arbitration or litigation; and WHEREAS, the Metro contract agencies, including Chula Vista, have joined an organization called AFFORD, the members of which Chula Vista understands have all approved the Principles which are on file in the City Clerk's Office as Document No. CO96-230; and WHEREAS, in addition to the items set forth in the Principles, the City of Chula Vista staff has negotiated a separate letter agreement dated November 26, 1996, guaranteeing Chula Vista its capacity rights in, and right to use, the Metro Sewer System through the year 2050 in exchange for Chula Vista's commitment to pay its "fair share" of system costs based on flow in a 234 mgd system, a copy of which letter agreement is on file in the City Clerk's Office as Document No. C096-230; and WHEREAS, in approving the Principles, Chula Vista is expressly relying on the commitments made to Chula Vista in the letter agreement, and would not approve the Principles without the commitments reflected therein on the part of San Diego; and WHEREAS, in approving the Principles, it is Chula Vista's understanding that neither the Principles nor the letter agreement reduces or restricts Chula Vista's rights under its existing Metro Contract, and Chula Vista understands that it retains its rights under its existing Metro Contract as discussed in more detail in the Staff Reports on file in the City Clerk's Office; and WHEREAS, approval of the Principles represents a reasonable accommodation of the competing interests of San Diego and Chula Vista, and is in furtherance of the public health, safety, and general welfare. "[ [ · II [ Resolution 18529 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: 1. The foregoing recitals are true and correct. 2. The Principles of Understanding are hereby approved. 3. The Mayor is hereby authorized to execute the Principles on behalf of the City of Chula Vista. 4. The City Manager and his staff, with the assistance of the City's special sewer consultants, are directed and authorized to proceed to implement and carry forward the Principles and to take any and all further actions reasonably necessary to carry out the Principles. 5. The November 26, 1996, letter agreement is hereby ratified. Presented by Approved as to form Public Works Director C' AtMt'orKr~:;ny Resolution 18529 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 1996, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl~y~orton, Mayor ATTEST: Beverly ,~,. ~.uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18529 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of December, 1996. Executed this 17th day of December, 1996. Beverly A. ~uthelet, ~ity Clerk '