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HomeMy WebLinkAboutReso 2016-112 RESOLUTION NO. 2016-112 RESOLUTION OF THE CIT1' COUI�'CIL OF THE CITY OF CHULA VISTA APPRO\%IIvG AN .AGREEME?�'T BET�d�EEiv THE CITY OF CHULA VISTA. SAI�' DIEGO COUNTI' SANITATION DISTRICT. A?�'D THE COU1�iTY OF SAN DIEGO FOR RESERVII�'G N'ASTEVIATER TRANSPORTATIO?�' CAPACiTY RIGHTS I1�' THE SALT CREEK I�'TERCEPTOR SE�'ER R'HEREAS; Citv oNns, operates, and maintains the Salt Creek Sewer Interceptor Svstem ("Cit�� S��stem") for the purpose of collectine and transporting se�+°age from propenies located in the Otav Basin to the Cin of San Dieso�s A9etropolitan Se��erage S�stem (Metro S��stem") for treatment and disposal; and \'�JHEREAS: Citv has "�ithin iu Cirv S�stem a priman� trunl: se�ver kno��n as the Salt Creek Interceptor("Interceptor Se«er`); and �VHEREAS, the Interceptor Se«-er is an appro�imatel}� li?� mile seement located ���ithin the Ota�� Basin that runs from the intersection of Proctor Valle�� Road and Hunte Pazk�va�� in the Cit�� oF Chula Vista. to a point of connection �aith the Metro System located near the junction of Main Street and Interstate �; and «'HEREAS, in October 199�, the Cih� and Count�� jointly adopted the Otay Ranch General Development Plan/Subreeional Plan (`GDP/SRP") ���hich provided for the development of Otav Ranch as a series of�-illage and planning areas: and �VHEREAS. Otav Ranch \%illaees li and 14. and Plannins Areas 16. 17. and 19 (`Villaees") as identified in the GDP/SRP are located in ponions of the unincorporated Count�� to the east of Citv's boundaries: and WHEREAS: the Cit�� and District aze parties to the "Reeional A%aste���ater Disposal Aereement bet��=een the Cit}� of San Dieeo and the Participatine Agencies in the Metropolitan Se���eraee Svstem" filed on Ma�� 18. 1998 as Document No. 00-18�17 ��ith the Cin� Clerk of the Cit}� of San Diego (hereinafrer "Regional Waste«�ater Disposal A�reement"): and V�'HEREAS; in accordance �iith the Reeional Waste�ti�ater Disposal Agreement, the Cit�� and District ha��e the rieht to dischazee ��aste���ater up to established limits into the Metro S��stem, hereinafter referred to as "A4etro Capacit�� Ri=hts ': and \'�'HEREAS, the Cit�� and District aereed that: 1) all se�vage originating in the Cit�� or from temton� ��ithin the Citv`s sphere of influence ���hich is ultimateh� discharged into the n4etro S��stem throueh the Interceptor Se��er shall be chareed against the Cit�='s A4etro Capacity Ri�hts and that 2) all se��a�e dischaz�ed into the Interceptor Sewer from temton sen°ed b� the District shall be charged a=ainst District`s \4etro Capacit}� Riehts: and Resolution No. 2016-ll 2 Page No. 2 WHEREAS, the San Diego County Sanitation District (District) and the County of San Diego (County) wishes to enter into this agreement with the City to provide for the transportation of sewage from the Otay Ranch Villages to the Metro System using the Interceptor Sewer; and WHEREAS, the City of Chula Vista; District, and the County have negotiated an agreement to provide the District ti�ith the right to dischazge flows into the Interceptor Sewer up to 870,000 gallons per day. The City may grant the District additional capacity, up to 1,000,000 gallons per day, provided, impacted facilities are improved by District in a manner that supplies the needed capacity to the satisfaction of the City; and WHEREAS, the agreement is limited to 15 years, tl�e lease should automatically be extended upon �zitten notice from the City, such that this total Agreement term is coterminous with the Metro Agreement; and WHEREAS, the District will also be responsible for Capital ]mprovement Project (CIP) costs which are separate from City of San Dieeo Municipal Transportation Charge and Interceptor Sewer Transportation Charge; and WHEREAS, City and District are obligated to pay for capital improvement projects for the ]nterceptor Sewer that are needed to maintain existing capacity requirements or to provide new capacity; and WHEREAS, the decision whether or not to construct a capital improvement project shall be at the sole discretion of City; and WHEREAS, payment for the transportation capacity sl�all be paid directly to the City by the Developers. NOW, THEREFORE; BE IT RESOLVED by the City Council of the Cit�� of Chula Vista, that it approves the Agreement between the City of Chula Vista, the District; and the County for purchasing Transportation Capacity Rights into the interceptor Sewer, in the form presented, ��ith such minor modifications as may be required or approved by the City Attorney and authorizes and directs the City Manager to execute said Agreement. Presented b�� Approved as to form by —�, Richard A. o in G en R. Go =ins Director of Public rks Cit ttome Resolution \o. 2016-112 Paee No. 3 P.ASSED. APPROVED. and .ADOPTED b�� the Cirv Council of the Citv of Chula Vista. Califomia. this 14th da�� of June 2016 bv the follo�vine vote: AYES: Councilmembers: Aeuilaz. Bensoussan. McCann, and Salas \?AYS: Councilmembers: I�'one ABSENT: Councilmembers: Miesen A4an� S as. Ma�or ATTEST: Donna R. Norri . 4C. Citv Clerk STATE OF CALIFORI�'IA ) COUi�'TY OF SAN DIEGO ) CITY OF CHtJLA VISTA ) I, Donna R. Norris. Cin� Clerk of Chula Vista. California_ do hereby certify that the foregoine Resolution No. 2016-ll2 ���as dul�� passed, appro��ed, and adopted by the Citv Council at a reeular meetine of the Chula V ista Citv Council held on the 14th da� of June 2016. Executed this 14th da�� of June 2016. Donna R. I�'orris. MC. Cin� Clerk