HomeMy WebLinkAboutReso 2006-274
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RESOLUTION NO. 2006-274
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE COUNTY OF SAN
DIEGO AND THE CITY OF CHULA VISTA REGARDING
JURISDICTION OVER AND OPERATION OF THE OTAY
LANDFILL
WHEREAS, on May 15, 1996, and as amended on April 4, 1998, the Agreement Between
the County of San Diego and the City of Chu/a Vista Regarding Jurisdiction Over and Operation
ofOtay Landfill (Agreement) was entered into; and
WHEREAS, the Agreement dealt with measures to protect the ongoing operation of the
Otay Landfill, while at the same time allowing land adjacent to the Otay Landfill to be annexed
to the City of Chula Vista; and
WHEREAS, one of the measures was the establishment of a I,OOO-foot Otay Landfill
Buffer Area (Buffer Area) around the landfill, and
WHEREAS, within the Buffer Area, the City of Chula Vista agreed to amend its General
Plan to disallow residential land use, while allowing uses compatible with the operations of the
landfill; and
WHEREAS, subsection 6(b) of the Agreement requires the City of Chula Vista to consult
with the County of San Diego in writing if a General Plan Amendment is filed concerning the
Buffer Area; and
WHEREAS, the County of San Diego is required to respond within 60 days, advising the
City of Chula Vista whether the proposed General Plan Amendment is compatible with the
landfill; and
WHEREAS, subsection 6( c) of the Agreement provides that in the event the City of
Chula Vista adopts a General Plan Amendment allowing uses that the County of San Diego has
advised are incompatible with the landfill, the City of Chula Vista will have breached the
Agreement, and will be subject to special remedies set forth in paragraph 14, and
WHEREAS, paragraph 14's remedies amend (to the detriment of the City) the allocation
of property taxes set forth in that certain Property Tax Transfer Agreement, entered into between
the City and County concurrently with the Agreement; and
WHEREAS, consistent with subsection 6(b), on March 2,2005 the County of San Diego
Board of Supervisors found that a proposed amendment to the City's General Plan that would
apply residential land use designations within the Buffer Area would be incompatible with the
landfill, and authorized the Chief Administrative Officer to sign the County's written
communication advising the City of the incompatibility; and
WHEREAS, the developer who proposed the General Plan Amendment questioned the
validity of subsections 6(b) and (c), and paragraph 14, and the County and City reexamined these
provisions and agreed that they should be deleted from the Agreement in order to make the
Agreement legally enforceable; and
Resolution No. 2006-274
Page 2
WHEREAS, removing subparagraph 6(b) will not preclude the County from commenting '""""
on any proposed General Plan Amendment pertaining to the Landfill Buffer. Deleting
subparagraph 6(c) and paragraph 14 will, however, eliminate the possibility of penalizing the
City if it amends its General Plan in a manner the County deems incompatible with the operation
of the landfill, and
WHEREAS, pursuant to California Code of Regulations Title 14, Chapter 3 Article 20,
Section I5378(b)(5), the recommended amendment is not subject to the California
Environmental Quality Act because it is not a project that has potential for causing a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Second Amendment to the Agreement between the County of San
Diego and the City of Chula Vista Regarding Jurisdiction Over and Operation of Otay Landfill
and authorizes the Mayor to execute the same.
Approved as to form by
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Anii Moore
City Attorney
PASSED, APPR VED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 22nd day of August 2006 by the following vote:
AYES.
NAYS:
ABSENT.
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and Padilla
........,
Councilmembers:
None
Councilmembers:
~JP~
Stephen Padilla, Mayor
ATTEST
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Susan Bigelow, MMC, City lerk
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Sus~ Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
ResolutIOn No. 2006-274 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of August 2006.
Executed this 22nd day of August 2006.
11111.~ () ~
Susan Bigelow, MMC, City lerk
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