HomeMy WebLinkAboutReso 1984-11755
Revised 8/30/84
RESOLUTION NO.
1 1755
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FIFTH AMENDMENT TO SEWAGE DISPOSAL
AGREEMENT OF 1960 BETWEEN THE CITY OF SAN DIEGO AND
THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in June 1983, the City of Chula Vista entered
into an agreement relative to the sale of Metropolitan Sewerage
System Capacity to the Otay Water District, and
WHEREAS, in order to fully effectuate that sale it is now
necessary to execute an amendment to the Sewage Disposal Agreement
of 1960 between the City of San Diego and the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve that certain Fifth
Amendment to Sewage Disposal Agreement of 1960 between the City of
San Diego and the City of Chula Vista, a copy of which is attached
hereto and incorporated herein by reference as if set forth in
full.
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
Approved ¥. to form by
/
/I¿--
hn P. Lippitt, City
ngineer
.~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
Hh
day of
September
19
Sf
, by the following vote, to-wit:
NAYES:
CounciZmen Moore, Cox, Malcolm, McCandliss, Scott
Counci Zmen None
AYES:
ABSTAIN: Counci Zmen None
ABSENT: CounciZmen None
!!~
e City of ChuZa Vista
ATTEST
¡J~d. Á<L-L~~.~
Depu ty Ci ty CZerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
ss.
I, PATRICIA A. GUARDACOSTA. DEPUTY CITY CLERK of the City of Chu la Vista.
CaZifornia. DO HEREBY CERTIFY that the above and foregoing is a fuZZ. true
and correct copy of
RESOLUTION NO. 11755
. and
that the same has not been amended or repeaZed.
September 5, 1984-
DATED
Deputy City CZerk
(SEAL)
-660 (pag)
· .
"
ORIGINAL
DOCUMENT NO.&- 261646
FILED OCT 1 1984
OFFICE OF THE CITY CLERK
SAN DIEGO, CALIFORNIA
AGREEMENT
FIFTH AMENDMENT TO SEWAGE DISPOSAL
OF 1960 BETWEEN THE CITY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
This Fifth Amendment to the Sewage Disposal Agreement of 1960 is
made by and between the CITY OF SAN DIEGO (hereinafter sometimes
referred to as "CITY") and the CITY OF CHULA VISTA (hereinafter
sometimes referred to as "Participating Agency".
RECITALS
WHEREAS, on February 8, 1961, the City of Chula Vista, under and
pursuant to the authorization contained in Resolution No. 2559 of
the Resolutions of the City Council of the City of Chula Vista,
executed a Sewage Disposal Agreement of 1960 with the City of San
Diego and, pursuant to Resolution NO. 2652-A, executed a Supplement
to the Sewage Disposal Agreement of 1960; and
WHEREAS, the City of San Diego, on June 1, 1961, under and
pursuant to the authorization contained in Resolution No. 164478 of
the Resolutions of the City Council of the City of San Diego,
executed said Sewage Disposal Agreement of 1960 with the City of
Chula Vista and, pursuant to Resolution No. 167436, executed a
Supplement to the Sewage Disposal Agreement of 1960; and
WHEREAS, the original of said Sewage Disposal Agreement of 1960
and Supplement to the Sewage Disposal Agreement of 1960 are on file
in the office of City Clerk as Document Nos. 625435 and 630491
respectively; and
;?-1/75'r
'.
-2-
WHEREAS, the City of San Diego and the City of Chula Vista, on
August 1, 1962, executed a First Amendment to Sewage Disposal
Agreement of 1960, pursuant to Resolution NO. 176057 of the
Resolutions of the City Council of the City of San Diego. and
Resolution No. 3022 of the Resolutions of the City Council of the
City of Chula Vista, the original of which is on file with the City
Clerk as Document No. 657587; and
WHEREAS, the City of San Diego and the City of Chula Vista, on
December 1, 1962, executed a Second Amendment to Sewage Disposal
Agreement of 1960. pursuant to Resolution No. 181654 of the
Resolutions of the City Council of the City of San Diego, and
Resolution No. 3197 of the City Council of the City of Chula Vista,
the original of which is on file with the City Clerk as Document No.
677599; and
WHEREAS, the City of San Diego and the City of Chula Vista, on
June 4, 1979, executed a Third Amendment to Sewage Disposal
Agreement of 1960, pursuant to Resolution No. R-251701 of the
Resolutions of the City Council of the City of San Diego, and
Resolution No. 9841 of the Resolutions of the City of Chula Vista,
the original of which is on file with the City Clerk as Document No.
RR-251701.
WHEREAS, the City of San Diego and the City of Chula Vista, on
January 9, 1984. executed a Fourth Amendment to Sewage Disposal
Agreement of 1960, pursuant to Resolution No. R-259928 of the
Resolutions of the City Council at the City of San Diego and
Resolution No. 114~ of the Resolutions of the City of Chula Vista,
Y-~ \ \l sS'
-3-
the original of which is on file with the City Clerk as Document No.
RR-259928.
WHEREAS, Since the execution of said agreement, supplement, and
amendments thereto, the City of Chula Vista has entered into an
agreement with the Otay Water District whereby the City of Chula
Vista desires to transfer to the Otay Water District 1.20 million
gallons per day of the capacity which it has leased from the City of
San Diego, and the Otay Water District desires to assume the
obligations for the payment of money in connection with the 1.20
million gallons per day capacity which will be transferred to it;
and
WHEREAS, in order to accomplish said transfer, it is necessary
to relieve the City of Chula Vista of that portion of its
obligations under the Sewage Disposal Agreement of 1960 relating to
the transfer of the 1.20 million gallons per day capacity to the
Otay Water District; and
WHEREAS, the City of San Diego and the City of Chula Vista are
authorized to contract with each other for the joint exercise of any
common power under Article 1, Chapter 5, Division 7, Title I of the
Government Code of the State of California;
NOW THEREFORE, the City of San Diego and the City of Chula Vista
for and in consideration of the mutual covenants and agreements
hereinafter stated and the performance thereof, and in consideration
of the transfer by the Participating Agency to the Otay Water
District of the capacity hereinafter mentioned and the assumption by
the Otay Water District of that portion of the payments and
R' \ \ 155
-4-
obligations relating co said 1.20 million gallons per day capacity
and, for other valuable and adequate consideration, do promise and
agree, for and on behalf of themselves and their successors in
interest, as follows:
Section 1.
Reduction in Capacity Service
The provisions of Section 4 of the Sewage Disposal Agreement of
1960 as amended by and between the City and the Participating Agency
shall be altered and amended by reducing the 19.40 million gallons
per day average flow by the amount of 1.20 million gallons per day;
that after such reduction the obligations of the City and the
Participating Agency shall relate to an average flow of 18.20
million gallons per day, unless increased or decreased by other
provisions of the Sewage Disposal Agreement of 1960.
The provisions of Section 21 "Permitted Flow" of the Sewage
Disposal Agreement of 1960 shall be amended to provide that the
Participating Agency shall have the right to discharge peak flow
into the Metropolitan Sewerage System not to exceed 42.3 cubic feet
per second. and the City shall have the obligation to receive such
peak flow from the Participating Agency.
Section 2.
Reduction of Annual Service Charge for Capacity
The annual service charge payable by the Participating Agency to
the City for each fiscal year shall be computed as determined in
Section 8 and Section 22 of the Sewage Disposal Agreement of 1960
taking into consideration the decrease from 19.40 million gallons
per day flow to 18.20 million gallons per day average flow and shall
be determined as set forth in the document entitled "Revised
~_\\Î55
..-.
-5-
Capacity Service Charges for Transfer of 1.20 Million Gallons per
day of Capacity from the City of Chula Vista to the Otay Water
District" attached hereto and by this reference made a part hereof
as Exhibit A.
Section 3.
Adjustment of Capacity Service Between
Participating Agencies
The provisions of this Fifth Amendmenc to Sewage Disposal Agreement
of 1960 are executed pursuant to the provisions of Section 22
entitled, "Adjustments of Capacity Service Between Participating
Agencies," of the Sewage Disposal Agreement of 1960. The City finds
and determines that the transfer of 1.20 million gallons per day of
average flow from the Participating Agency to the Otay Water
District will not unbalance the Metropolitan Sewerage System to the
detriment of the City or other Participating Agencies.
The transfer of the capacity service from the Participating
Agency to the Otay Water District and the adjustment of the
obligations of the Participating Agency in relation to such transfer
shall be effective as of July 1, 1983.
Section 4.
Effect of Amendment
The provisions of the Sewage Disposal Agreement of 1960 by and
between the City and the Participating Agency shall be and remain
unaffected by the provisions of this Fifth Amendment, except as such
are specifically amended herein.
Section 5.
Date of Amendment
The date of this Fifth Amendment is July 1. 1983.
\\lS5
~-
. .
-6-
IN WITNESS WHEREOF, the City of Chula Vista has caused this
instrument to be executed by its respective officials, pursuant to
ResoluCion No.
11755
adopted by ics governing body, and this
instrument is executed by the City of San Diego, acting by and
through its City Manager, pursuant to Resolution No. ,(- 261646
authorizing such execution.
THE CITY OF SAN DIEGO
THE CITY OF CHULA VISTA
4S8ISTANT TO THE CITY MANAGE~
~ R f2-;
Q.-vJìJJ-
By
By
I HEREBY APPROVE the form and legality of the foregoing agreement
this
4th
day of
September
19 84
An!Jrove.J a. to form and legality
~ J...<q.".. day of ,º~+~~~.~ 19,~.~
. JOHN W. WI'IT.+City ('tt~eo¡Æ-
~y__~~1..,oo\ :tooL..._-
Chief Deputy City AttorDe)'
CITY ATTORNEY
~}l&JdlLøL
(/
"-
R-1l755
f<- 261646
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(R-84-l692)
Adopted on
261646
OCT 1 1984
RESOLUTION NUMBER R-
BE IT RESOLVED, by the Council of The City of San Diego,
that the City Manager be and he is hereby authorized and
empowered to execute, for and on behalf of said City, a Fifth
Amendment to Sewage Disposal Agreement of 1960 with the CITY OF
CHULA VISTA, under the terms and conditions set forth in the
Fifth Amendment to Sewage Disposal Agreement of 1960 on file in
the office of the City Clerk as Document Nò. RR-
Z616L16
APPROVED: John W. Witt, City Attorney
By
S:twJ \:\ ' ~~
Stuart H. Swett
Chief Deputy City Attorney
SHS:rc:453
4/4/84
Or.Dept:W.Utils.
Form=r.auagr
~ ~ \ n 55
PAGE 1 OF 1
- ----
PùsSed and adopted by the Council of The City of San Diego
QtIlæ4
, by the following vote:
on
YEAS: Mitchell, Cleator, M::Coll, Gotch, MJrphy, Martinez, Heå:Jecock.
NAYS: None.
.
NOT PRESENT:
Jones, Struiksma,
AUTHENTICATED BY:
ROGER HEDGECOCK'
Mayor of The C~ty'of San D~ego, California.
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, Califoznia.
(SEAL)
By
JUNE A. BlACKNELL
, Deputy.
I HEREBY CERTIFY that the above and foregoing is a full.
ð ...-2616.16
true and correct copy of RESOLUTIO~ NO. ~
passed and adopted by the Council of The City of San Diego,
California, on
OCT 1 '1984
(SEAL)
CHARLES G. ABDELNOUR
The City of San Diego, California.
By·
¿[",
, , Deputy.
(Rev. 8/79)
lbc
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CURK'S FILE COpy
(R-84-1692)
Adopted on
261646
OCT 1 1984
RESOLUTION NUMBER R-
BE IT RESOLVED, by the Council of The City of San Diego,
that the City Manager be and he is hereby authorized and
empowered to execute, for and on behalf of said City, a Fifth
Amendment to Sewage Disposal Agreement of 1960 with the CITY OF
CHULA VISTA, under the terms and conditions set forth in the
Fifth Amendment to Sewage Disposal Agreement of 1960 on file in
the office of the City Clerk as Document No. RR-
261&16
APPROVED: John W. Witt, City Attorney
By
S:tt4 \A, ~~
Stuart H. Swett
Chief Deputy City Attorney
SHS:rc:453
4/4/84
Or. Dept:W .Utils.
Form=r.auagr
~ ' \ \1 55
PAGE 1 OF 1
...
'\ \ -'j \
1. CERTIFIC::ATE NUMBER:
REQUEST FOR COUNCIL ACTION
CITY Oil' SAN DIEGO
2. FROM: (ORIGINATORI
3. DATE
CITY ATTORNEY
WATER UTILITIES
SUBJECT:
AMENDMENT TO SEWAGE DISPOSAL AGREEMENT OF 1960 WITH THE CITY OF CHULA YISTA
PREPARATION OF:
RESOLUTION(S)
o ORDTNANCElsl
~ "GoRE.MENT(S}
o DIE.D(SI
Authorizing the City Manager to enter into the Fifth Amendment to Sewage Disposal
Agreement of 1960 with the City of Chula Vista,
SUPPORTING INFORMATION: (INCLUDE ONLY INFORMATION !:!S!:!.COVIERIED ON FORM 1472", "DOCKET SUPPORTING INFORMATION",
NVIRONMENTAL IMPACT: The City of Chula Vista as lead Agency under CEQA has prepared a
egative Declaration (IS 84-12) for this activity - Date 2-7-84.
TTACHMENTS: Proposed Contract Amendment
EFERENCE :
allons per
V the Otay
Document #RR-260l40-l (February 2l, 1984) Agreement to
day of Metropolitan Sewer System (METRO) Capacity from
Water District.
purchase
the City
1. 2 million
of Chula Vista
RDINATION: Upon execution by the City of San Diego, please forward two executed copies
t each agreement to the Water Utilities Director for files and transmitting to the other
gencies.
ill Sniffin:CWY:hvw
509
LEGIS INDEX: WU - U - 1''1-11 f
g
7888/7815
.. CHECK IIII' "DOCKET SUPPORTING
INF'ORMATION" ATTACHED
FOR INFORMATION CONTACT:
(NAME. MAILSTA.)
I. TELEPHONE NO.
J. COMPLETE FOR ACCOUNTING PURPOSES:
" ,
ROUTING ANO APPROVALS
BUDGETED
UN BUDGETED
ROvn:
III
APPROVING
AUTHORITY
",PPROV AL
DATE
SIGNED
~UND/D£PT .
ORIGINATING
5'¡ DEPARTMENT
DEPARTMENT
DI RECTOR
)RGANIZATION
~BJe:CT ACCOUNT
Oil ORDER
WORK ORDER NO.
:.I.P.NO.
fACILITY
1 .¡
CLEARING AUTH.
2
~MOUNT
Z. ESTIMATED COST:
3
Asst. CITY
MANAGER
AUDITOR
CITY
4' ATTORNEY
MGR. DOCKIET
CLERK
6 .¡
RULES
COMMITTEIE
II-t47Z (REV. 4-8'1
- 261646
OCT 1
1984
Q.- \ \165'
DOCKET SUPPORTING INFORMATION
DATE:
CITY OF SAN DIEGO
SUBJECT:
AMENDMENT TO SEWAGE DISPOSAL AGREEMENT OF 1960 WITH THE CITY OF CHULA VISTA
.CKGROUND: (DOUBLE SPACE)
On February 21, 1984, Council consented to an agreement authorizing the transfer
of l.20 million gallons per day capacity rights in the San Diego Metropolitan Sewerage
System from the City of Chula Vista to the Otay Water District. Council also authorized
....·an agreement with the Otay Water District providing for the newly acquired rights and
obligations of Otay as a Later Participating Agency of the Metro Sewer System.
As a result of this consent to the transfer of capacity rights and the new agreement
with Otay it is also necessary to modify the City's agreement with the City of Chula Vista
to appropriately reflect the reduced rights and obligations associated with the transfer.
nsCAL IMPACT
This action results in no cost to the City.
tNE: (DEPUTY CITY MGR/DEPT. HEAD/AUTHOR INITIALS)
LOCKWOOD/CAMPILLO
k'-26164G
CITY MANAGER
(FOR MANAGERIAL DEPARTMENTS ONLY)
CM-'472A 110·12)
~-