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HomeMy WebLinkAboutReso 1995-18087 RESOLUTION NO. 18087 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING THE CITY'S SPHERE OF INFLUENCE UPDATE RELATIVE TO THE OTAY RANCH TO DESIGNATE OTAY MUNICIPAL WATER DISTRICT AS THE WATER PROVIDER. WHEREAS, the City of Chula Vista has previously applied to the San Diego Local Agency Formation Commission for an amendment of the City's Sphere of Influence to include portions of the Otay Ranch within the City's Sphere; and, WHEREAS, in said application for amendment, the City had designated the Otay Water District as the entity that would provide urban levels of water service and is the preferred water provider to the territory which was the subject of the amendment, subject, however, to the understanding that the City, as a charter city, has and is reserving its charter authority to franchise a provider, whether it be Otay Water District or some other provider; and, WHEREAS, the City is willing to modify its Sphere of Influence Update to designate Otay Water District as the preferred provider without clarification of its charter authority being explicitly stated in the Sphere amendment; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City'$ application for a Sphere of Influence Update affecting the Otay Ranch currently filed with the Local Agency Formation Commission is hereby amended as set forth on the pages thereof hereto attached as Exhibit A, the purpose of which is to designate Otay Water District as the preferred water provider without clarification of the City's existing and superior rights as a chartered municipal government. Section 2. The City declares that it is, and has been, the policy of the City to exercise its governmental authority responsibly and in a manner that will be fair to all interested parties, and most importantly in a manner that will achieve effectiveness and efficiency in the delivery of all governmental services to its residents over the long term. Section 3. The City further declares that, if permitted by LAFCO to govern the territory proposed in the Sphere Update for annexation, it will apply such policy in the government of the annexed territory to the same extent and with the same concern for fairness; and that conditions of annexation which interfere with or unduly control the exercise of its governmental authority are unnecessary and counterproductive to good local government and the delivery of urban governmental service levels. The City urges LAFCO and its staff not to require or impose undue restrictions on the City. Section 4. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute Resolution 18087 Page 2 of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by: Approved as to form by: John D" ~Z Boog rd'''~' """ City~ Resolution 18087 Page 3 Chula Vista Sphere of Influence Update Execu~ve Summaw RmmlaI Clff~RIA ow ~ bdw COMMENT Parh & + + + 0 ~ y~y, ~ "L", ~: · CV ~ Recastion ~-~y ~ ~ ~ ~ ~ ~. · ~: · ~CV~C~dSD~I~ Ub~ + + + O ~ Ylq, ~e~ "Lw, bfl: · CV i ~ ~u~ CV ~ C~ orSD. ~ofm~ldh~Cv~ Water + + + 0 ~y v~ey, hvt~ aL": · O~ ~ ~ ~. s To~l~m~ ~ ml~m ~ a ~ ~ (C~ f~li~ ~ ~lu~ ~ n ~ a ~ ~ Ci~ of SD). " [ Resolution 18087 Page 4 VI, Public Facilitjes Svhere of Influence Update In 1990, Chula Vista's concern was manifested through the creation of the Chula Vista Water Task Force. The Task Force concluded: · Chula Vista should become more proactive in state and regional water related issues, and · Chula Vista should immediately and activdy work to establish a Chula Vista Interagency Water ColDmlasion (IAWC) to deal with local water related issues. In 1991, the City of Chula Vista concern was heightened meter a review of the OWI)'s Draft Master Plan, "Water Resources Plan for Otay Water District," by Black and Veatch. The City objected to the large capital investment required by OWl) to construct massive treated water storage facilities, recommended by Black and Veatch. Chula Vista was and remAin~ concerned about the cost effectiveness and reliability oft~i~ srxategy since it was likely that 17' existinll and future residents of the City would be obligated to 6n~nce the system through public debt. The fxnancing necessary to construct the fa~illties could potentially undermine the City's ability to use sxlml]~r leinallf,ln~ mechanisms to construct other needed public infrastructure. Currently, OWl) has a self-imposed limitation of $.10 per $100 of assessed valuation on public debt. The City of Chula Vista has the authority to become a water purveyor, but has elected not to exercise such authority. However, the Otay Water District is the preferred water purveyor. r-i Ili/ Resolution 18087 Page 5 Chula Vista Sphere of Influence Update Vi. Public Facilities As discussed above, the Otay Ranch Program EIR concluded that the Otay Water District is the preferred water provider for Otay Ranch, inducting the Resort Plavn~n g Area. Annexation of the Resort Planning Area into a water district or municipality acting as a water purveyor would require the approval of the County Water Authority and the Metropolitan Water Districts3. The Metropolitan Water District requires that, to the extent practicable, local water purveyors which request an area for annexation will comply with the following requirements: (a) Annual water demand shall be minlmi~.ed by incorporating water conservation measures into the development plans. Use of local groundwater, surface water, and redalmed wastewater supplies shall be max4mi~ed to reduce demands on the District. (b) Peak demands on the District shall be mlnlrni~ed by construction and operation of local storage and groundwater production facilities. In cases where the annexed area is served by an existing water delivery system, this provision may be satisfied by showing that these facilities will be added to the existing system. (c) Redalmed wastewater or other non-potable water shall be used on all golf courses; decorative lakes; and other landscaped areas exceeaing one acre, indua~ng multi-family complexes, commercial and industrial developments, and similar areas. Reclaimed wastewater and other non-potable supplies shall be used for industrial processes and other suitable uses. If such supplies do not presenfiy exist, a dual distribution system shall be constructed to accommodate such supplies when they become available in the future. s3 As discussed previously, the MWD and CWA ut.illzed SANDAG forecasts to determine future water demand. The Series VIII population forecasts included the Otay Ranch property at a shghtly higher population than the approved plan wffi generate. Resolution 18087 Page 6 Sphere of Influence Update IX, Conclusions and Recommendations Include within Factor Chula Vista Comment Sphere? + 0 Regional Public X Regional Public Services within the Services Planning Area would be similar in the City of Chula Vista or if the ms remains unlncorporated. However, the City of Chula Vista supplements me of the social services provided by the County of San Diego resultinS in a higher level of service within the City of Chula Vista. V~ater X An urban level of water service can bc provided to the Planning Area regardless of jurisdictional -li.-mment. The Otay Water District is the preferred water ~ 7' purveyor. Community Identity Schools X This Planning Area orients toward and identifies with the Chula Vista Elementary School District and the Sweetwater School District. Postal X The residents of this area receive their mail at a City of Chula Vista address. Newspaper X Chula Vista residents slat of 1-805 identify with the local Star-News, and thus identify with the City c~ Chula Vista. Access X . The adopted circulatien system for this : Planning Area under beth the City of Chula Vista and the County c~San Diego General Plans requires that access be taken through the City of Chula Vista to the west, north and east, Resolution 18087 Page 7 Chula Vista IX. Conclusions and Recommendations Sphere of Influence Undate Include within Factor Chula Vista Comment Sphere? + 0 Regional Public X Regional public services within the Services Planning Area would be similar in the City of Chula Vista or if the area remains unincorporated. However, the City of Chula Vista supplements some of the social services provided by the County of San Diego resulting in a higher level of service within the City of Chula Vista. Residents of this Planning Area would likely access regiuaal public facilities located in the Otay Ranch EUC, proposed for inclusion within the Chula Vista Sphere of Influence. Water X Annexation to the CWA is required as a prerequisite to providing an urban level of water service to this Planning Area. This would require annexation to the Otay Water District (OWD), the preferred water purveyor. Resolution 18087 Page 8 Chula Vista IX. Conclusions and Recomrnenda~ons Sphere of Influence Uodate Include within Factor Chula Vista Comment Sphere? + 0 Regional Public X Regional Public Services within the Services Planning Area would be similar in the City of Chula Vista or if the area remains unincorporated. However, the City of Chula Vista supplements some of the social services provided by the County of San Diego result'rag in a higher level of service within the City of Chula Vista. Future residents would likely access regional public service facilities planned to be located in the Otay Ranch EUC. Water X An urban level of water service can be provided to the Planning Area regardless of jurisdictional alignment. The Otay Water District is the preferred water purveyor. Community Identity Schools X This Planning Area orients toward and identifies with the Chula Vista Elementary School District and the Sweetwater School District. Future residents would likely use elementary, middle and high schools located within the City of Chula Vista. Postal X The residents of this area receive their ma~ at a City of Chula Vista address and a Bonita address. '1 '11 'r Resolution 18087 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of October, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None I, , ~,,,,; ,- r': '!~i ~,~ Shidey Horton, Mayor ATTEST: 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. 18087 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of October, 1995. Executed this 24th day of October, 1995. Resolution 18087 Page 9 Chula Vista ~ IX. Conclusions and Recomrnend~ons Sphere of Influence Update Factor Include within Chula Vista Comment Sphere? + 0 - Public X Public txansportation services could be Transportation provided by either the City of Chula Vista or the City of San Diego. Solid Waste X The level and cost of the provision of solid waste service is unclear at this time and wffi remain unclear unt~ the City of Chula Vista determines if it wffi contract for solid waste services other than through the County system. If Chula Vista remains within the County system, or if the area is included within the City of San Diego, cost would be consistent with County system costs. '~, Regional Public X Regional Public Services within the Services Planning Area would be similar in the City of Chula Vista, or the City of San Diego. Water X An urban level of water service can be provided to the Planning Area regardless of jurisdictional alignment. The Otay Water District is the prferred water purveyor.