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Home My WebLink AboutAgenda Packet 1994/06/30 Thursday, June 30, 1994 12:00 noon ... declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this A::;enda/Notice on the ulletin Board at the Publi Se vi es Buildin~ t \CitY DATED, l" ~~ SIGNED .~ "'" S ecial Meeti ot L'ntTJa . Council Chambers Public Services Building .. CALL TO ORDER 1. ROLL CALL: Councilmemhers Fox _, Horton Mayor Nader _' Moor~ _, Rindone _, and 2. RESOLUTION 17551 OFFICIALLY WITHDRAWING FROM THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT AND WITHDRAWING THE TERRITORY OF THE CITY OF CHULA VISTA FROM THE TERRITORY OF THE DISTRICT - On 6/14/94, Council voted to witbdraw from the Special Act District, also known as the San Diego Area Wastewater Management District, nol accept the Mal! teodered by the Cily of San Diego, and notify the City of San Diego and each memher of the District of the City's withdrawal. The Interim Agreement specifically provides a fonnalistic procedure for withdrawal to he effective. Staff recommends approval of the resolution. (City Attol1ley) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, howel'er, generally prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. 11/Ose who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. OTHER BUSINESS 3. CITY MANAGER'S REPORTCSl a. Scheduling of meetings. 4. MA YOR'S REPORTiSl 5. COUNCIL COMMENTS ADJOURNMENT The meeting wili'adjoum to the Regular City Couocil Meeting on July 12. 1994 al 6:00 p.m. io the City Council Chambers. Notice is hereby given, pursuant to Government Code Section 54956. that the Mayor of the City of Chula Vista has called and will convene a Special Meetiog of the City Couocil on Thursday. June 30, 1994 at 12:00 noon in the Council Chambers, Public Services Building. 276 Fourth Avenue. Chula Vista, CA. j'C' /lA.(p.. Tim Nader, Mayor * * * COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT * * * The City of Chula Vista. in complying with the Americans with Disahilities Act (ADA), request individuals who require special accommodation to access, attend, and/or participate in H City meeting, activity. or service request such accommodation at least forty-eight hours in advani;e for medings and tive Jays for scheduled services an.d activities. Please contact the City Clerk I(lf specific ioformalion at (619) 691-5041. Cali!(,rnia Relay Service IS available for the hearing impaired. council Agenda statement Item:~ Meeting Date: June 30, 1994 Item Title: Resolution: Officially Withdrawing from the San Diego Area Wastewater Management District and Withdrawing the Territory of the City of Chula vista from the Territory of the DA~~ict. Submitted by: Bruce M. Boogaard, City AttorneYI~ Agenda Classification: ( ) Consent (X ) Action Item ( ) Public Hearing ()~~: 4/5ths Vote: ( ) Yes (X) No Recommendation: Adopt the attached resolution officially withdrawing the City of Chula vista from the San Diego Area Wastewater Management District, and withdrawing the territory of the city of Chula vista from the territory of the District. Boards and Commissions Recommendation: None. Discussion: At the City council meeting of June 14, 1994, the City Council voted: "to withdraw from the Special Act District, also known as the San Diego Area Wastewater Management District, not accept the MOU tendered by the City of San Diego, and notify the city of San Diego and each member of the District of the City's withdrawal." (minutes attached as Exhibit B) The city Manager, by letter attached hereto as Exhibit A, executed the instructions of the council notifying the The decision of the Council at the meeting of June 14 caught the Staff somewhat by surprise, and after some substantial debate publicly and in closed session. We had expected to recommend formal withdrawal at the meeting of June 21st. Unfortunately, the Interim Agreement specifically requires a council Agenda statement Item: .2L Meeting Date: June 30, 1994 Page Two formalistic procedure for withdrawal to be effective: "3. For withdrawal to be effective, written notice of a member agency's withdrawal shall be in the form of a certified copy of a resolution adopted by the member agency's legislative body, and shall be deposited in the united states Postal Service via certified, first-class mail, or transmitted by facsimile or hand delivery on or before the last day of the election period set forth in Section 2 above, and addressed to: General Manager San Diego Area Wastewater Management District 600 "B" Street, suite 310 San Diego, CA 92101" The attached resolution will formally implement the minute resolution of the city Council. We will deliver a certified copy of same by facsimile transmission to the General Manager immediately following the meeting. . Fiscal Impact: This is a formal implementation of prior direction, and fiscal impact not reanalyzed herein. . . . ~Ut- :1~~~ .......--..;:~.-...:: ~~~~ CllY OF CHULA VISTA OFFICE OF THE CITY MANAGER June 15, 1994 Honorable Mayor and Councilmembers City of San Diego 202 C Street San Diego CA 92101 Chairman and Board Members San Diego Area Waste Water Management District RE: San Diego Area Wastewater Management District Ladies and Gentlemen, This is in response to Mr. McGrory's letter of May 25, 1994 requesting a final decision from Chula Vista on Membership in the District and our position on signing the MOD. The Chula Vista City Council on June 14, 1994 passed a motion by a vote of 4-0-1 (one member absent) to respectfully reject the tender from the City of San Diego of the MOD, to withdraw as members of the San Diego Area Wastewater Management District, to withdraw the terri tory of the City of Chula Vista from the territory of the District, and to continue without interruption, the validity of our existing contractual relationships which we intend to extend to the fullest extent. They directed me to inform the Board of Directors of the San Diego Area Wastewater Management District and the City Council of San Diego of our decision. The major points of concern with the District membership and the proposed MOD are expressed in the May 17, 1994 letter from Mayor Nader to the San Diego City Council. (attached) NOT SCANNED The City of Chula Vista remains willing to discuss with either the City or the District other extra-contractual contributions to the operation of the sewage system. cc: Jack McGrory Sincerely, ~'1r . Joh;; D. ~f- City Manager 8~1Mt3/-A- 276 FOURTH AVENUE/CHULA VI~A, CALIFORNIA 91910/(619) 691-5031 RESOLUTION NO. 'loSS' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, OFFICIALLY WITHDRAWING FROM THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT AND WITH- DRAWING THE TERRITORY OF THE CITY OF CHULA VISTA FROM THE TERRITORY OF THE DISTRICT. WHEREAS the San Diego Area Wastewater Management District ("SAN District') was formed under the authority of Chapter 803, Statues 1992 (SB 1225), effective January 1, 1993 (the 'Act'); WHEREAS, the Act provides in Section 703 for member agency withdrawal or detachment 'w~thout penalty if the withdrawal is within one year from formation of the District or before districtwide funding is committed for improvements exceeding the obliQations included in the sewage disposal agreements described in Section 401, wh~chever occurs first'; and, WHEREAS, as districtwide funding has not been committed, the one year deadline is prior to January 1, 1994 ('Statutory Deadline'); and, WHEREAS, Chula Vista has consented to the terms by which the Statutory Deadline can be extended without their withdrawal, which terms area contained in that agreement entitled: 'Interim Agreement Regarding Withdrawal from the San Diego Area Wastewater Management District' or , alternatively herein: 'Agreement'; and, WHEREAS, the City Council authorized execution of the Agreement by Resolution No. 17344; and, WHEREAS, all other statutory members to the San District authorized execution of the Agreement; and, WHEREAS, the Statutory Deadline was thereby extended to June 30, 1994; and WHEREAS, the City of Chula Vista now desire to withdraw; NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, DIRECT AND RESOLVE AS FOLLOWS: SECTION 4. The City of Chula Vista does hereby withdraw as a member of the SAN Oistrict, and does hereby withdraw the territory of the City of Chula Vista from the territory of the SAN District. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. The City Manager is directed to transmit a certified copy of this resolution to the General Manager of the SAN District. SECTION 1. SECTION 2. SECTION 3. Presented by Approved as to form by Sid Morris Assistant City Manager Bruce M. Boogaard City Attorney