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HomeMy WebLinkAboutReso 2020-193RESOLUTION NO. 2020-193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LICENSE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE OTAY LAKES COUNTY PARK PROJECT WHEREAS, on September 25, 2018, the City Council adopted Resolution 2018-198 where it approved the Sewer Service Agreement Between City of Chula Vista and The County of San Diego For Otay Lakes County Park (“Original Agreement”) for the City to provide sewer service to the property located at 2270 Wueste Road, Chula Vista where it houses the Otay Lakes County Park (“Park”). Currently, the Park is serviced by a septic tank that is ineffective in meeting current and future demands; and WHEREAS, in the Original Agreement, it was stated that the County is going to be responsible for the design, construction, and maintenance of a sewer lateral and all other sewer infrastructure to convey sewer flows from the Park to the point of connection to the existing Salt Creek Trunk Sewer. In addition, two alternatives with a slight variation on one of them to the sewer lateral were proposed, all within the Salt Creek Basin Otay Ranch Preserve open space areas; and WHEREAS, the Sewer Service Agreement for the Otay Lakes County Park is being amended as a request from the County of San Diego to reflect a revised alignment to the sewer main that will serve the park site. The two alignment alternatives in the Original Agreement were determined to be infeasible by consultant evaluations; and WHEREAS, the revised sewer alignment will consist of offsite force main alignment coupled with common collection system and lift station improvements and onsite force main to allow the collection and conveyance of sanitary flows from the Park site northerly along Wueste Road to a sewer main located in the Chula Vista Elite Athlete Training Center (CVEATC) owned by the City. This alternative to provide dual 2-1/2 – inch diameter force mains which provides a redundant parallel one was found to have minimal environmental impact; and WHEREAS, the County of San Diego will be required to obtain a no-fee encroachment permit for the use of and access to the City’s right-of-way through a portion of Wueste Road in order to construct and maintain the proposed sewer force mains and appurtenances that will be privately owned by the County; and WHEREAS, the County of San Diego will be required to enter into a License Agreement with the City to allow the County to construct and maintain the last segment of the proposed sewer infrastructure within the City-owned CVEATC to connect to the public sewer system; and WHEREAS, the County has not finished the engineering design for the sewer lateral but has requested to the City to expedite the approval of permits to facilitate the County meeting their aggressive construction schedule; and DocuSign Envelope ID: 00D66D3D-437B-4708-A0C8-318C75EE3D8F Resolution No. 2020-193 Page No. 2 WHEREAS, to accommodate the County’s request, City staff recommends that the City Council approve the proposed License Agreement with the County of San Diego; and WHEREAS, under the License Agreement, the County of San Diego would be solely responsible for all costs associated with the installation and maintenance of their sewer facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the License Agreement between the City of Chula Vista and the County of San Diego, in the form presented, with such modifications as may be required or approved by the City Attorney, and authorizes the City Manager or designee to negotiate such further minor modifications as necessary to finalize the agreement, authorizing the City Manager or designee to execute the final agreement on a form approved by the City Attorney, and directing a copy of the final agreement to be kept on file in the Office of the City Clerk. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: 00D66D3D-437B-4708-A0C8-318C75EE3D8F Resolution No. 2020-193 Page No. 3 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of August 2020 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2020-193 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of August 2020. Executed this 25th day of August 2020. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 00D66D3D-437B-4708-A0C8-318C75EE3D8F