HomeMy WebLinkAboutReso 1996-18214 RESOLUTION NO. 18214
i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING COMPREHENSIVE AMENDMENTS TO
COUNCIL POLICY 570-02, AND AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF THE CITY THE CONTRACTUAL
AGREEMENT WITH THE SPRING VALLEY SANITATION
DISTRICT
WHEREAS, In 1993, the City received several requests for sewer connections
on Acacia Avenue and in the Proctor Valley area which requests raised a number of issues
regarding the City's Sewer Connection Policy, and generally, the delivery of sewer service by
the Spring Valley Sanitation District (SVSD) to unincorporated areas within Chula Vista's
Sphere of Influence; and
WHEREAS, at that time, the City had already commenced preparation of our
Sphere of Influence Update Study in conjunction with the Local Agency Formation
Commission (LAFCO); and
WHEREAS, as a result, in May of 1993, LAFCO instituted a moratorium on
routine annexation of properties to the SVSD within Chula Vista's Sphere, pending the
outcome of analyses by the City and County regarding several sewer service issues including
the overall service capacity of the SVSD within the Bonita Valley, and which agency should
provide sewer services on Acacia Avenue and Proctor Valley Road; and
WHEREAS, LAFCO also directed its staff to work with the City and the SVSD
to develop guidelines for the future provision of sewer service; and
WHEREAS, since that time, and parallel to the Sphere of Influence Update
effort, staff of the Public Works and Planning Departments have worked exhaustively with
County and LAFCO staff and administrations to resolve issues, including those brought about
by State legislative changes effected in January 1994; and
WHEREAS, consensus has now been reached, and the resulting amended City
Sewer Connection Policy is being presented for Council consideration and action; and
WHEREAS, the Environmental Review Coordinator has determined that the
proposed policy amendments and contractual agreement are exempt from environmental
review pursuant to section 15061 of the State CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby adopt Comprehensive Amendments to Council Policy 570-02 - Proposed
Amended Sewer Connection Policy.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the
Contractual Agreement with the Spring Valley Sanitation District, a copy of which is on file
in the office of the City Clerk known as Document No. CO96-018.
'T T*' 1' m
Resolution No. 18214
Page 2
Presented by ~d asl/~for~
Resolution No. 18214
Page 3
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
SEWER SERVICE TO PROPERTY NOT NUMBER DATE PAGE
WITHIN THE CITY BOUNDARY
570-02 02-13-96 3 of 3
ADOFrED BY: Resolution No. 18214 I DATED: 02-13-96
BACKGROUND
The City Council established the current version of Council Policy No. 570-02 with the adoption of Resolution No.
16598 on June 2, 1992. Th~s policy was intended to guide staff in providing efficient and legal service to the public
with respect to providing connections to the City sewer system for properties not within the City boundary.
However, since the adoption of the revised policy, a number of properties have been required to pursue such
connections because of the failure of septic systems, but not connections have been made in accordance with its
provisions.
PURPOSE
To establish a policy for the connection of properties outside the City to sewers which (1) are presently part of the
City sewer system, or (2) are connected to County Sanitation District sewer lines which discharge into City facilities.
POLICY
The City Council, in cnnperatjon with the San Diego County Board of Supervisors, hereby establishes the following
policy and procedures relative to the connection of properties outside the boundaries of the City to City sewers or to a
San Diego County Sanitary District sewer which lies within the Chula Vista Sphere of Influence and discharges into a
City sewer.
In the event that the Policy, when applies to a specific instance, would (in the opinion of the property owner) result in
the inefficient provision of service, the property owner may apply for an exemption from the provisions of the Policy.
In such an instance, the property owner shall pay a non-refundable administrative fee of $1,000 to the City prior to
the initiation of any staff work in connection with the application.
The terms "adjacent", "contiguous", "City sewer", and "District sewer" as used in this policy shall be defined as
follows:
1. "Adjacent" is a location which lies closely to, but not necessarily touching or having a common
boundary with a specific feature.
2. "Contiguous" locations are those which directly abut City territory, or adjoin streets which adjoin
City territory.
3. "City sewerr is a sewer owned by the City or a sewer owned by a County Sanitation District, but
operated and maintamed by the City under an agreement with the County Sanitation District.
4. "District sewer" is a sewer owned by a County Sanitation District or owned by the City, but
operated and maintained by a Sanitation District under an agreement with the City.
"1 F~f w '~ r
Resolution No. 18214
Page 4
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
SEWER SERVICE TO PROPERTY NOT NUMBER DATE PAGE
WITHIN THE CITY BOUNDARY
570-02 02-13-96 4 of 3
ADOPTED BY: Resolution No. 18214 ~ DATED: 02-13-96
The listed procedures are based upon the premise that a property which is connected to a City sewer should ultimately
be included within the City. If a property owner proposes connection to a Sanitation District sewer which does not
discharge into a City sewer, it should not be required to seek annexation.
L PROPERTIES CONTIGUOUS TO THE CITY BOUNDARY AND CONNECTING TO A CITY
SEWER:
A. Properties in this situation shall be required to execute an Irrevocable Offer of Annexation to the City,
or to complete annexation where appropriate, and pay appropriate fees (Capacity and ongoing Sewer Service
Charges, along with a Connection Permit Fee and Lateral Construction Charge) to the City.
B. The City shall construct the sewer lateral and provide such service under an Out of Agency service
agreement, with the Local Agency Formation Commission (LAFCO) fees paid by the property owner at the
time the agreement is approved by LAFCO.
C. If the property is connected through a Sanitation District sewer or a long lateral within unincorpomted
territory to a City sewer within incorporated territory, the property owner shall also execute a Grant of Lien
to the City in an amount sufficient to guarantee a proportionate share of LAFCO, State and City fees and
charges for future annexation and pre-zoning in a specific amount, as estimated by the City to be adequate to
cover that share. Said proportionate share shall be assumed to be equal to twenty per cent (20%) of the
estimated cost (at the time the property is connected) of said fees and charges for annexation and pre-zoning
of the individual property.
D. Thereafter, the City shall collect normal City sewer service charges and pay appropriate San Diego
Metropolitan Sewerage System (Metre) and Sanitation District charges.
E. When an appropriate number of contiguous lots or parcels are annexable to the City (normally in
groups of 10 or morn, but could be less in a particular situation, Chula Vista, at its option, may require
initiation of annexation proceedings. annexation proceedings may be initiated by property owner petition or
by Resolution of Application adopted by the City Council. Upon payment of all related fees and charges by
the affected property owner(s) and completion process, Chuta Vista shall release any outstanding lien on the
affected properties.
II. PROPERTIES NOT CONTIGUOUS TO THE CITY BOUNDARY AND CONNECTING TO A CITY
SEWER:
A. Properties in this situation which am directly connected to, and receive sewer service through a City
sewer, shall be required to execute an Irrevocable Offer of Annexation to the City, pay appropriate fees
(Capacity and ongoing Sewer Service Charges, along with a Connection Permit Fee and Lateral Construction
Charge) to the City and enter into an Out Of Agency agreement with LAFCO and a connection agreement
with the City for the provision of sewer service, with Local Agency Formation Commission (LAFCO) fees
paid by the property owner at the time the agreement is appruved by LAFCO.
B. Sections I.B, I.C, I.D, and I.E are also applicable.
Resolution No. 18214
Page 5
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
SEWER SERVICE TO PROPERTY NOT NUMBER DATE PAGE
WITHIN THE CITY BOUNDARY
570-02 02-13-96 5 of 3
ADOPTED BY: Resolution No. 18214 ~ DATED: 02-13-96
III. PROPERTIES CONNECTING TO A SANITATION DISTRICT SEWER:
A. Properties in this situation, which are directly connected to (and receive service through) a Sanitation
District sewer, shall annex to the District and pay all appropriate fees and charges to said District. In the
event that the District sewer discharges into a downstream City sewer, the property owner shall also execute
an Irrevocable Offer of Annexation to the City. further, if that branch of the City's sewer system discharges
directly into the Metre system rather than discharging into the Spring Valley Outfall Sewer, the property
owner shall execute a Grant of Lien to the City in an amount sufficient to guarantee a proportionata share of
LAFCO, State, and City fees and charges for future annexation and pre-zoning in a specific amount, as
estimated by the City to be adequate to cover that share. Said proportionate share shall be assumed to be
equal to twenty per center (20%) of the estimated cost (at the time the property is connected) of said fees and
charges for annexation and pre-zoning of the individual property.
B. Thereafter, the District shall collect normal District sewer service charges and pay appropriate Metre
charges. If the District sewer discharges into a downstream City sewer which, in turn, discharges directly in
the Metre system, the District shall also pay appropriate Metre charges to the City.
C. When an appropriate number of contiguous lots or parcels are annexable to the City, Chula Vista, at
its option, shall require initiation of annexation proceedings. Annexation procecaings may be initiated by
property owner petition or by Resolution of Application adopted by the City Council. Upon payment of all
related fees and charges by the property owner(s) and completion of the annexation process, Chula Vista
shall release any outstanding lien on the affected property(ies).
D. Thereafter, the City shall collect normal sewer service charges an pay appropriate Metre charges and,
if the line discharges into the Spring Valley Outfall Sewer, transportation charges to the District.
Resolution No. 18214
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,
this 13th day of February 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirl~2~ Hort~n, I~layor
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. 18214 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of February, 1996.
Executed this 13th day of February, 1996.
~.Authelet, City Clerk