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HomeMy WebLinkAboutReso 1990-15449RESOLUTION NO. 15449 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT AGREEMENT TO APPROVE THE TELEGRAPH CANYON ROAD SEWER MONITORING AND GRAVITY BASIN USAGE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as fol 1 ow s: WHEREAS, in conjunction with the proposed development of EastLake Greens, EastLake Trails, and the Olympic Training Center, it may be necessary to connect certain areas to the Telegraph Canyon Trunk Sewer which are not naturally tributary to that sewer, and WHEREAS, the proposed agreement will provide the opportunity to make those connections while also assuring that properties within the gravity basin will have the ability to use the sewer capacity in the Telegraph Canyon gravity basin. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista does hereby approve the Telegraph Canyon Road Sewer Monitoring and Gravity Basin Usage Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVELOPMENT COMPANY, dated the 16th day of January, 1990, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by pirector of ublic Works Approved as to form by Resolution No. 15449 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1990 by the following vote: ATTEST: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Greg~y~. x, r STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 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. 15449 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 23rd day of January, 1990. Executed this 23rd day of January, 1990. Resolution No. 15449 Page 3 TELEGRAPH CANYON BASIN SEWER MONITORING AND GRAVITY BASIN USAGE AGREEMENT THIS AGREEMENT, is made on this 23rd day of January, 1990 , ~9~, by and between THE CITY OF CHULA VISTA, a municipal corporation and EASTLAKE DEVELOPMENT COMPANY, a partnership comprised of corporations; WITNESSETH: WHEREAS, EASTLAKE DEVELOPMENT COMPANY has received Planned Community Zoning and General Development Plan approval for the areas of land generally known as the EastLake Greens, Trails and Olympic Training Center ("OTC"), comprised of some 1,380 acres of residential, commercial, public and quasi-public uses; and WHEREAS, a portion of the areas of the projects listed hereinabove may not be tributary to the Telegraph Canyon Basin; and WHEREAS, THE CITY OF CHULA VISTA, pursuant to the condition of approval of Tentative Map No. 88-3, approved on July 11, 1989, has agreed to allow the pumping of sewage flows from non-tributary areas of the EastLake Development Project ("Project") until such time as a feasible, permanent method of the collection of sewage is ""~entified, approved and constructed which does not require the _~mping of sewage from one gravity sewering basin into another; and WHEREAS, pursuant to the condition of approval of the Tentative Map set forth hereinabove, THE CITY OF CHULA VISTA has required EASTLAKE DEVELOPMENT COMPANY to enter into an Agreement whereby sewage flows shall be monitored so that during the diversion by pumping of flows into a basin other than where they are originated, the reserve capacity in the existing trunk sewer can be measured and future capacity for other users who are tributary to the Telegraph Canyon Basin may be assured; and WHEREAS, THE CITY OF CHULA VISTA shall undertake a study of the potential sewage flow in the Telegraph Canyon Basin and adjacent areas which may pump into the Basin on an interim basis, together with the adequacy of the existing trunk sewer in the Basin; and WHEREAS, this Agreement is entered into by THE CITY OF CHULA VISTA and EASTLAKE DEVELOPMENT COMPANY in satisfaction of above conditions of approval applicable to the use of the Telegraph Canyon sewer line; and WHEREAS, in consideration of the other covenants and agreements between the parties; 1/13/90 Resolution No. 15449 Page 4 NOW, THEREFORE, THE CITY OF DEVELOPMENT COMPANY agree as follows: CHULA VISTA and EASTLAY' PARTIES TO THIS AGREEMENT 1. The parties to this Agreement shall be THE CITY OF CHULA VISTA, a municipal corporation, organized pursuant to a municipal charter and EASTLAKE DEVELOPMENT COMPANY, a partnership comprised of corporations, its heirs, successors, or assigns in interest to any or all of the property described hereinabove as the "Project." Said parties hereinbelow shall be known respectively as "City" and "Developer." OBLIGATIONS OF PARTIES 2. (a) Developer shall, within thirty (30) days written notice by the City, acquire or pay for City's purchase of a "Monitoring Device," a "Manning" portable ultrasonic flow meter model no. UDl100 or its equal as the City may specify, for the express purpose of measuring, at the various points within the Telegraph Canyon Basin, sewage flows to determine the percent of capacity which the existing Telegraph Canyon Trunk Sewer segments have reached. (b) Developer shall also provide City with annual funding during the terms of this Agreement to enable City to hire personnel- to perform monitoring for City and Developer, or in t~ alternative, to provide for City's recovery of all costs it incurb in the use of City personnel to monitor the sewage flows in the Telegraph Canyon Trunk Sewer, including the maintenance of the monitoring equipment. The annual cost which Developer is obligated to provide to fund City's hiring of a consultant, reimbursement of City for use of City forces, or maintenance of equipment shall, in the aggregate, not exceed Ten Thousand Dollars ($10,000.00) during the Term of this Agreement. (c) If City requires other developer(s) to monitor sewage flows in the Telegraph Canyon Trunk Sewer or, uses data derived from the monitoring paid for by Developer herein to determine other developer(s) sewer fees or infrastructure obligations, Developer's total cost of providing the monitoring device and annual monitoring costs shall be reduced to reflect a reasonable cost sharing between all parties benefitted by the data provided. The method of allocation of cost for monitoring the existing Basin trunk sewer may be included in the Basin Plan described hereinbelow in Paragraph 7. 3. The City shall require Developer, in conjunction with the approval of any final map for any increment of the Developer's project which will contribute non-tributary sewage to the Telegraph Canyon Basin, to provide security in the amounts and for the_. purpose of constructing the improvements outlined in Exhibit 2 The security shall be in the form of a subdivision improvement bon~ for the anticipated labor and material costs of the improvements 1/13/90 2 Resolution No. 15449 Page 5 ~tlined in Exhibit 2. Any security provided shall be increased at a request of the City Engineer in an amount reflecting any · nflationary increases in the the cost of building similar public improvements, as may be reflected in the index provided in the "Engineering News Record." The security provided hereinabove is for the purpose of restoring the capacity within the Telegraph Canyon Trunk Sewer to the condition and level that would otherwise exist but for the pumping of the non-tributary sewage flows from portions of the EastLake Project. The existing available capacity for the purposes of this Agreement will be restored by constructing the improvements described in Exhibit 2 of this Agreement. At such time as the non-tributary flows cease to be pumped, Developer will have no further obligation to provide or maintain security for, or construct the aforementioned improvements. 4. (a) At such time as the available capacity is depleted in portions of the Telegraph Canyon Trunk Sewer in order to continue development of the Greens and OTC, Developer shall cause the construction of parallel sewers as may be outlined in the Basin Plan prepared in accordance with Paragraph 7 hereinbelow. In the event a Basin Plan is not prepared within the time parameters set forth hereinbelow, or a Basin Plan is not prepared, Developer may at Developer's expense, incrementally parallel the existing Telegraph Canyon Trunk Sewer in increments sized to serve the continued development of the EastLake Project. The City may additionally require the posting of security as provided for ~ reinabove in Paragraph 3. It is the intent of the parties that .e paralleling of the existing Telegraph Canyon Trunk Sewer shall be initiated, constructed and capable of providing service on an incremental basis prior to the time that each segment of the existing sewer reaches its' design capacity. The design capacity for purposed of this Agreement will be calculated in accordance with the attached Exhibit 1 "Sewer Design Criteria;" except as may otherwise be authorized by the City Engineer. (b) Developer's obligation to incrementally improve or parallel the existing Telegraph Canyon Trunk Sewer as each segment of the existing sewer reaches its' design capacity, may be determined by the the City, pursuant to the adopted Basin Plan to include as oversizing of or paralleling of the existing sewer lines as may be necessary to accommodate the ultimate projected sewage flows from areas tributary to the Telegraph Canyon Basin, plus any sewage flows arising from pumping, on an interim basis, from the non-tributary Greens and OTC portions of the EastLake Project. The City may require further oversizing to accommodate the pumping of sewage from other non-tributary areas if construction funds are available to pay for such oversizing from third parties, prior to the time that Developer proceeds with any improvement project. Developer's agreement to construct sewer lines of excessive length, size or capacity shall not act as a waiver of Developer's right to reimbursement beyond construction funds provided for such ~versizing," which shall be determined in accordance with ragraph 7 hereinbelow with respect to the preparation of a Basin Plan. The estimated ultimate tributary basin sewage flows, for 1/13/90 3 Resolution No. 15449 Page 6 purposes of Devetoper's improvement obligations, shall not excee~' 11.01 cubic feet per second (CFS) "peak flow," measured at Oleand~ and Telegraph Canyon Road, in the existing 18 inch sewer line. (c) Without limiting Developer's right to sewer hook-ups for other areas of EastLake which are tributary to the existing Telegraph Canyon Basin, Developer shall have the right, under this Agreement, to sewer hook-ups for the entire Greens and OTC areas, as they may be ultimately approved by the City for development, whether or not such areas are tributary to the existing Telegraph Canyon Basin. Developer may substitute on a dwelling unit by dwelling unit basis, the non-tributary sewer hook-ups authorized for the Greens and OTC areas with other non-tributary areas of the EastLake project. For example, the substitution of the construction of 50 dwelling non-tributary units and sewer hook-ups within the Greens area for 50 dwelling non-tributary units and sewer hook-ups within the Trails area. 5. Developer pledges to study with the City, feasible alternatives to the diversion of sewage flows into the Telegraph Canyon Basin from portions of Developer's Project which are not tributary to the Basin, and participate in similar studies undertaken by the City or other local agencies having jurisdiction over the transport and treatment of sewage. 6. The City shall, during the term of this Agreements_ periodically monitor flows in the trunk sewer serving the Telegra~ Canyon Basin. The information derived from such monitori~ activities will be provided to Developer and all other interested persons upon request. Additionally, the City shall provide Developer and all other interested persons with such information as the City may have with respect to the anticipated number of hook- ups and the total sewage flows anticipated from such hook-ups, which may result from projects which the City has previously approved or may approve during the term of this Agreement. The City and Developer together, utilizing both data derived from measurement of the existing flows in the trunk sewer and anticipated increases of flows in the lines, shall estimate, no less than annually on the anniversary of the execution of this Agreement, when paralleling of one (1) or more areas of the existing trunk sewer may be necessary. 7. (a) The City shall within one year of the execution of this Agreement, hold public hearings and prepare a Telegraph Canyon Basin Improvement and Financing Plan (hereinafter "Basin Plan"), following City's analysis of data from all parties whose activities may impact the Basin. (b) The Basin Plan shall provide, in order to fairly allocate the cost responsibility for providing the trunk sewer improvements and assure that improvements are constructed in a timely manner so as not to exceed the capacity of the trunk sewe at any point in time: (i) an estimate of the ultimate sewer flow anticipated within the Basin; and (ii) an engineering plan listing 1/13/90 4 Resolution No. 15449 Page 7 ~he type, location and approximate order of each needed addition to e existing trunk sewer to carry the incremental increases of sewage flows anticipated within the Basin; and (iii) establish a fee or other financing mechanism payable by all dwelling units benefiting from trunk sewer improvements and discharging into the Basin; and (iv) require posting of security to secure the obligations of all non-tributary Basin users to build or fund sewer trunk improvements in the future; and (v) set forth a work program to determine the preferred method for the ultimate transportation and treatment of all sewage flows which may use the Telegraph Canyon Trunk Sewer on an interim basis; and (vi) establishes a fee payable by all persons who in the future seek connection to sewer lines discharging into the Telegraph Canyon Basin for the costs of monitoring the capacity in the existing Telegraph Canyon Trunk Sewer. (c) In the context of establishing the Basin Plan, the City shall (i) consider establishing a formula for the granting of fee credits in lieu of payments by various Developers who provide for one or more of the types of improvements contemplated hereinabove; and (ii) provide for reimbursement to Developers (either together with or in lieu of fee credits) providing sewer line improvements outlined in the Basin Plan. (d) The Basin Plan and its Financing Plan shall be ~repared within 12 months of the anniversary of the execution of is Agreement. Developer agrees to fund the Basin Plan study =quired hereinabove, subject to reimbursement from fees or other funds available to the City. EastLake's funding of the Basin Plan studies, however, shall not exceed One Hundred Thousand Dollars ($100,000.00) without EastLake's review and approval of any proposed costs in excess of such fund by Developer. Both City and Developer shall jointly review and consent to the hiring of outside consultants to prepare the Basin Plan and prepare a Financing Plan. The amount of any reimbursement due to EastLake shall be determined in conjunction with the City's determination of the financial responsibility of each benefited property owner for various sewer system improvements. (e) Notwithstanding any statement hereinabove to the contrary, the City may, but shall not be obliged to collect any fee with respect to the financing of any Basin improvements, until approval of the Basin Plan; 8. City shall impose upon Developer and all other developers, as part of the project approval process impacting the existing Telegraph Canyon Trunk Sewer, obligations to participate in the monitoring of the existing sewage flows, financing of the preparation of the Basin Plan and, pursuant to any adopted Basin Plan, obligations with respect to the construction or financing of improvements set forth herein in an equitable manner. The City hall require all non-tributary users of the Telegraph Canyon Basin provide security for the restoration of capacity in the existing 1/13/90 5 Resolution No. 15449 Page 8 Telegraph Canyon Trunk Sewer Lines in a manner consistent with tFA obligations of Developer hereinabove. INTENT OF PARTIES 9. (a) It is the intent of the Parties to eliminate pumping into the Telegraph Canyon Basin as soon as feasible. They recognize that an alternative method of sewage disposal is subject to various engineering, economic and regulatory issues; many of which may be beyond either Party's control. (b) It is the intent of the Parties that the Basin Plan, upon its adoption shall accommodate all present and prospective users of the Telegraph Canyon Basin. (c) Nothing in this Agreement shall be construed to modify the City's existing policy with respect to priority for sewer hook-ups. (d) The Parties agree, notwithstanding the provision of security for construction of lines to enhance the existing Telegraph Canyon Trunk Sewer to accommodate non-tributary sewage flows as provided hereinabove in Paragraph 3, that the City will not require the construction of permanent capacity within the Telegraph Canyon Trunk Sewer system for non-tributary flows except where it is determined by the City that it is necessary to build-- permanent capacity for the pumped non-tributary flows within th Telegraph Canyon Basin. Should the City determine that such permanent capacity for non-tributary flows from Developer's project is required, then Developer will be obliged to provide such capacity. Should Developer fail to provide such capacity by the construction of additional sewer lines, then City shall have the right to use the security provided under Paragraph 3 hereinabove for such purpose. (e) The City may, pursuant to the Telegraph Canyon Basin Plan, collect fees in equal amounts per equivalent dwelling units ("EDUS"), from all tributary and non-tributary users of the Telegraph Canyon Trunk Sewer system, as a condition to their connection to the system. At such time as basin and financing plans are prepared and adopted by the City for the other sewer basins, (which are the origin of sewage being pumped on an interim basis into the Telegraph Canyon Basin), the funds collected from the non-tributary users shall be used to finance the construction of sewage transportation and treatment facilities in the basins (other than the Telegraph Canyon Basin) where the sewage originates, providing that City approves a Basin Plan which does not authorize the permanent pumping of non-tributory sewage flows in the Telegraph Canyon Basin. (f) In the event that the City, in conjunction with the preparation of basin plan(s) for the transportation and treatmen~ of sewage in other than the Telegraph Canyon Basin, adopts ~ financing structure utilizing an assessment district or other 1/13/90 6 Resolution No. 15449 Page 9 ~unding mechanism in the basins, other than a one time payment of impact fee, any fees previously collected by the City which are paid by Developer pursuant to this Agreement, will be refunded to Developer upon the approval of the financing mechanism. TERM OF AGREEMENT 10. The Term Of this Agreement, and Developer's right to pump from areas non-tributary to the Telegraph Canyon Basin exist for ten (10) years, from first execution of this Agreement by the City. GENERAL AGREEMENT 11. This Agreement reflects the entire understanding of the parties with respect to Developer's obligation to assure adequate sewer capacity in the Telegraph Canyon Trunk Sewer. The terms of this Agreement may be modified only by a subsequent written Agreement. Developer's rights set forth hereinabove may be assigned and delegated, upon approval by the City, (such approval is not to be unreasonably withheld), in conjunction with the sale of land to merchant builders or any assignment for the benefit of any creditor of EastLake. Date: EASTLAKE DEVELOPMENT COMPANY Robert Santos President Date: January 23, 1990 THE CITY OF CHULA VISTA By: ~j//' ~ / "/CKB/a rg 096CKB 1/13/90 Re~sel~a-t-Fo.n No. 15449 Page 10 SS'WF_~ DESIGN CRITERIA I · ,~ .',,~ ' . ~, .....~,, ~. ,', ,-, I , 'i, ' \, \,: \, \1 ~ '~ \ ,.',' .'- , , ~ ::' L' ~ '~ ~, :~, -.,:..,~, , ',.., :,. ,,..:,~', ~ ,~ ,~ ,~ --. · MAXIMUM RATIO OF DEPTH OF FLOW TO DIAMETER,d/D: ..... ,10"DLA.'AND SMALLER ~O%" -- ' 12"DLA. AND LARGER. 75%