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HomeMy WebLinkAboutcc min 1994/06/30 SPECIAL MEETING OF THE CHULA VISTA CITY COUNCIL Thursday, June 30, 1994 Council Chambers 12:10 p.m. Public Services Building CALL TO ORDER ROLL CALL: PRESENT: Councilmembers: Moore, Rindone, and Mayor Nader ABSENT: Councilmembers: Fox, Hotton ALSO PRESENT: Staff members: Assistant City Manager, Sid Morris; City Attorney, Bruce Boogaard; City Engineer, Cliff Swanson; Civil Engineer, Elizabeth Chopp; and City Clerk, Beverly Authelet. 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 Mayor Nader stated that the special meeting was called, at the City Attorney's advise, for one purpose which was to adopt a formal Resolution implementing the act of two weeks ago ofticially withdrawing from the San Diego Waste Water Management District. RESOLUTION 17551 OFFERED BY MAYOR NADER, reading of the text was waived. Councilman Moore stated that Council has had a lot of background on this in great depth over a number of months. Mayor Nader added for background purposes that the Council took action two weeks ago to withdraw from the District which was done by Minute Action. The City Attorney since then has reached the opinion that to be absolutely sure that the action taken takes legal effect a formal Resolution would be advisable. The deadline for withdrawing was 5:00 p.m. on June 30. City Attorney Boogaard stated that the legal authority for this was the interim agreement extending the withdrawal date to June 30 which states that there be substantial compliance with the following procedure: that procedure articulates that a written resolution certified by the City Clerk must be faxed or hand delivered to the General Manager of the District before June 30. Councilman Moore thought he had read that the City of San Diego had extended this to July. City Attorney Boogaard stated that it was extended to July 26 to determine the membership and efficiency of the District. Elizabeth Chopp, Civil Engineer, stated she had received communications from Roger Fraunfelder, General Manager of the Sanitation District, regarding the action taken by the San Diego City Council. It was the San Diego City Council that voted to defer any decision relative to continued SAN District membership until July 26, 1994. Mr. Fromfelder also sent out another agreement for the member agencies to sign. This particular agreement amends the interim agreement to state that a member agency may elect to withdraw by providing a written notice prior to July 31, 1994. Minutes June 30, 1994 Page 2 City Attorney Boogaard stated that this had not been signed by all the member agencies. And if it is not signed by everybody, City of San Diego arguably could be put up against the legal contention that they do not have the right to withdraw. Assistant City Manager Sid Morris also stated that this has not been considered at the Board level either. Councilman Rindone asked the City Attorney if there had been any significant changes since last discussed. City Attorney Boogaard replied no; except that El Cajon may be out. In terms of constituency of the District, El Cajon passed a resolution withdrawing, but reserved some right to reconsider re-entry if the weighted vote changed. We thought that National City was on the verge of withdrawal also. Assistant City Attorney Morris added that the County of San Diego had a number of issues to the Special Act District. While they haven't taken specific action, they do have major concerns. Councilman Moore stated in the letter by the City Manager to the San Diego City Council in the Agenda Packet, it states "to respectfully reject the tender from the City of San Diego of the MOU, to withdrew as members of the San Diego Area Wastewater Management District, to withdraw the territory 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 intended to extend to the fullest extent." He did not see this in the Resolution and felt that verbiage should be included. City Attorney Boogaard responded that it could be added to Section 1 of the Resolution. AMENDMENT TO RESOLUTION MSC (NaderfRindone) to add "and to continue without interruption, the validity of our existing contractual relationships which we intend to extend to the fullest extent' to Section 1 of the Resolution. Motion carded 3-0-2 (Fox, Hotton absent). APPROVAL OF AMENDED RESOLUTION Resolution 17751 was passed and approved 3-0-2 (Fox, Horton absent). ORAL COI~!MUNICATIONS None OTHER BUSINESS 3. CITY MANAGER'S REPORT(S} Scheduling of Meetings: Assistant City Manager stated that the City Council was poled regarding a meeting with the Southwestern College Board. When the poll was taken, they did not check to see if staff was in town. The specific staff needed at this meeting would be out of town. Therefore, staff would prefer going to the August 10th date at 7:30 p.m. Councilman Rindone supported the change to the August date; he felt it was important that staff be present at that meeting. Mmutes June 30, 1994 Page 3 4. MAYOR'S REPORT{S) -- None 5. COUNCIL COMMENTS -- None ADJOURNMENT The special meeting adjourned at 12:23 p.m. Respectfully submitted, Beverly A. Xuthelet, CMC City Clerk