HomeMy WebLinkAbout2009/03/24 Item 12
CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
CHULA VISTA
3/24/09, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA
VISTA AND SPRING VALLEY SANITATION DISTRICT REGARDING
SEWER FLOW GENERATED BY HE CHURCH OF THE GOOD
SHEPHERD.
SUBMITTED BY: DII2ECTOR OF PUBLLC WORK
REVIEWED BY: CITY MANAGER
ASSISTANT CTTY ANAGER ~/~
4/STHS VOTE: YES ^ NO
SUMMARY
The Church of the Good Shepherd, located within the County of San Diego at 3990 Bonita Road, Bonita,
CA, is seeking to expand its existing structure and use. While the County's Spring Valley Sanitation District
has agreed to provide sewer service to the church, the nearest existing sewer line to the church is a City of
Chula Vista facility. The agreement discussed in this report details City requirements that would be
implemented if such a connection was to occur, including allowed flow volume, maintenance responsibilities,
and costs associated with such a connection.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class
3(d) categorical exemption pursuant to Section 15303 (New Construction; extension of water main,
sewage, electrical, gas and other utilities of reasonable length to serve such construction) of the State
CEQA Guidelines because the project involves a reasonable request to connect to a public sewer system
and abandon an existing septic facility. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Church of the Good Shepherd, located at 3990 Bonita Road, Bonita, CA, is seeking to expand its
facilities. Being located within County of San Diego jurisdiction, the church contacted County officials
and began working through the development process. As part of the development process, County
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officials determined that the church is not connected to a public sewer system and instead, is currently
being serviced by an on-site septic system. In order for the project to be approved by the County of San
Diego, County staff has required the church to connect to a public sewer system.
3990 Bonita Road is a property located outside of, but immediately adjacent to, City of Chula Vista's
jurisdiction (see Attachment "A" for a location map). Due to the property's proximity to Chula Vista
jurisdiction, the nearest public sewer system is a Chula Vista sewer line. The City sewer line, running
from the east along Bonita Road before turning north along Willow Street, consists of a single 8"
diameter pipe that transports wastewater from a relatively limited number of Chula Vista customers near
the City's northern boundary. The sewer line continues north along Willow Street for approximately 320'
feet before entering into a County of San Diego, Spring Valley Sanitation District trunk sewer line. From
there, the County's trunk line carries the flow to a regional facility for treatment.
Understanding the church is within County jurisdiction and that the nearest public sewer facility is City
owned and operated, County of San Diego Spring. Valley Sanitation District staff contacted Ciry staff
requesting a County connection to the City sewer Facility within Bonita Road. Connections to City sewer
facilities typically require the property being served to be within City of Chula Vista jurisdiction.
However, an exception exists where two or more agencies enter into an agreement for the services. )n
addition, staff is concerned that requiring the church to annex into the City of Chula Vista may have
undesirable implications including:
• A responsibility to provide treatment capacity for the project. The City of Chula Vista has
already determined we do not currently have enough treatment capacity in the Metro system to
accommodate the City's buildout scenario. Annexing the church property into the City would
make it the City's responsibility to ensure adequate treatment capacity exists to treat sewage
generated by the church.
• Annexation of the church property into the City of Chula Vista may encourage nearby residential
properties currently utilizing septic systems to ask for Chula Vista sewer service as well.
• The annexation process is an expensive, time consuming process that would significantly delay
the church's development plans.
For this reason, staff from both the City of Chula Vista and the Spring Valley Sanitation District deem it
mutually desirable and advantageous for the City to allow the Church of the Good Shepherd to construct a
new 8 inch sewer connection from the church to the City of Chula Vista's Bonita Road sewer line. Denial
of such a connection would most likely eliminate the church's ability to expand or require the church to
construct a new, County owned and operated sewer line within City of Chula Vista right-of-way (along
Bonita Road and Willow Street) adjacent to the City's existing sewer line.
1n order to allow the connection to City sewer facilities without requiring annexation into the City, staff
drafred the proposed agreement (see Attachment B) with the Spring Valley Sanitation District discussing
connection requirements, maintenance responsibilities, and costs associated with such a connection. In
general, the agreement would allow the County of San Diego to design and construct, or cause to be
designed and constructed, an 8" sewer pipe ("County Line") connecting the church property to the City of
Chula Vista sewer system. The County Line would be maintained by the County and would require the
approval of a Chula Vista construction permit prior to any connection to City facilities being made, as
well as the granting of an easement from the City to the County allowing them to perform maintenance
activities on the portion of the County Line within Chula Vista's right-of-way. Wastewater generated by
the church would enter the Chula Vista sewer system via the County Line, and would travel north along
Willow Street approximately 320' before reaching a sewer outfall to the County of San Diego trunk sewer
line. Key points of the agreement are as follows:
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- The Church of the Good Shepherd will be officially served by the Spring Va]ley Sanitation
District, not the City of Chula. This ensures sewer treatment capacity and costs for sewage
generated by the church is the responsibility of the Spring Valley Sanitation District.
- The County of San Diego Spring Valley Sanitation District will be charged on an annual
basis for sewer maintenance and operation costs as would any Chula Vista sewer system
customer. .However, the County will not be charged sewer treatment costs by the City of
Chula Vista as those costs will be directly billed to the County by the City of San Diego.
- The County Line connecting the church property to the City sewer system will be maintained
by the Spring Valley Sanitation District.
- Because the County Line will not be metered, the County and City agree to the following:
o Prior to any connection to City sewer facilities being made, each agency will review
final building permit plans for the church and agree upon a total volume of
wastewater expected to be generated by the church.
o Expansion plans for the church will be such that no more than 8 Equivalent Dwelling
Units (EDU's) of wastewater flow (approximately 2,120 gallons per day) will
typically be generated on a daily basis.
o The City of Chula Vista is invoiced by the City of San Diego for sewer treatment
based upon the volume and quality of wastewater that leaves the City of Chula Vista
in Chula Vista pipelines. As a result, Chula Vista and the County of San Diego agree
to contact the City of San Diego, stating an agreement has been reached regazding the
discharge from the Church of the Good Shepherd, and that the volume of flow Chula
Vista is chazged for should be reduced by the amount agreed upon by Chula Vista
and County staff. Conversely, San Diego should increase the volume of flow the
County is charged for by the same amount.
This agreement would require approval by both the City Council of the City of Chula Vista and the
County Board of Supervisors. The agreement has not yet been presented to the County Board, but
County staff is preparing to take the project and associated agreement before the CounTy Board in the near
future.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within
500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund. A small amount of revenue will be collected from the County on
an annual basis to account for operation and maintenance costs in accordance with existing sewer rates
and will be deposited within the Sewer Service fund.
ATTACHMENTS
A. Location Map
B. Agreement between the City of Chula Vista and Spring Valley Sanitation District
Prepared by. Jim Newton, Senior Civil Engineer, Public Works Department -Wastewater Engineering
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RESOLUTION N0.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
CITY OF .CHULA VISTA AND SPRING VALLEY
SANITATION DISTRICT REGARDING SEWER FLOW
GENERATED BY THE CHURCH OF THE GOOD SHEPHERD
WHEREAS, the Church of the Good Shepherd ("Good Shepherd"), located at 3990
Bonita Road, Bonita, CA, a property outside the geographic boundazies of the City of Chula
Vista, is seeking to expand its existing structure and use; and
WHEREAS, the County of San Diego has required that Good Shepherd connect to a
public sewer system as part of the expansion; and
WHEREAS; the nearest public sewer system is the City of Chula Vista's Bonita Road
Sewer ("City Sewer"), Good Shepherd would like to connect to the City Sewer in order to
transport its waste ultimately into the San Diego Metropolitan Sewage System for treatment; and
WHEREAS, Chula Vista and the Spring Valley Sanitation District deem it mutually
desirable and advantageous for Chula Vista to allow the Church of the Good Shepherd to
dischazge sewage into the City Sewer provided certain conditions described in the form of an
agreement between the City of Chula Vista and Spring Valley Sanitation District aze met; and
WHEREAS, this agreement shall establish the rights, privileges and duties of the parties
concerning the construction, use and maintenance of the County Line to the City Sewer, set
standazds governing waste dischazges and sewage flow, and describe adjustments to recorded
flow rates for both the District and Chula Vista flow volumes into the Metropolitan System in an
amount up to, but not exceeding, 8 EDUs.
NOW, THEREFORE, the City Council of the City of Chula Vista hereby approves the
agreement fora new 8" sewer connection from the Church of Good Shepherd to Chula Vista's
Bonita Road Sewer, and authorizes the Mayor and City Clerk to execute said agreement.
Presented by
Richard A. Hopkins
Director of Public Works
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL -~
fart C. Miesfe]
City Attorney
Dated: ~ I v d
Agreement between the City of Chula Vista and
Spring Valley Sanitation District for
A New 8" Sewer Connection from the
Church of the Good Shepherd to
Chula Vista's Bonita Road Sewer and Recorded Flow Adjustment
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AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SPRING VALLEY SANTTATION DISTRICT
FOR A NEW S" SEWER CONNECTION FROM THE CHURCH OF THE GOOD
SHEPHERD TO CHULA VISTA'S BONITA ROAD SEWER AND RECORDED FLOW
ADJUSTMENT
THIS AGREEMENT, made and entered into this day of , 2009, by
and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula
Vista;' and the SPRING VALLEY SANITATION DISTRICT, a county sanitation district,
hereinafter called the "District," is made with reference to the following facts:
RECITALS
1. WHEREAS, the Church of the Good Shepherd ("Good Shepherd"), located at
3990 Bonita Road, Bonita, CA, a property outside the geographic boundaries of the City of
Chula Vista, County Assessor's parcel numbers 591-252-21, 592-060-28, and 592-060-67
("Property"), is seeking to expand its existing structure and use. Good Shepherd is currently
using a septic rather than public sewer system. In order to obtain permission to complete its
expansion, the County of San Diego has required that Good Shepherd connect to a public sewer
system; and
2. WHEREAS, based on its existing location, the nearest system is the City of Chula
Vista's Bonita Road Sewer ("City Sewer"). Good Shepherd would like to connect to the City
Sewer in order to transport its waste ultimately into. the San Diego Metropolitan Sewage System
for treatment; and
3. WHEREAS, in furtherance of its desire, the District will construct or cause to be
constructed a new, 8" sewer connection from the Church of the Good Shepherd (hereinafter
referred to as the "County Line") to the City Sewer. The County Line is depicted in Exhibit A;
and
4. WHEREAS, District will submit or cause to be submitted to Chula Vista for
review and approval all necessary design and construction plans for the County Line; and
5. WHEREAS, District will obtain the related easement(s) from Chula Vista
necessary for the construction and maintenance of the County Line as defined in Recital 3
herein; and
6. WHEREAS, on the 20th day of May, 1997, the City of San Diego, Chula Vista
and the District executed the "AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SPRING VALLEY SANITATION DISTRICT FOR THE TRANSPORTATION OF
WASTEWATER IN THE SPRING VALLEY JOINT SYSTEM" (County of San Diego Contract
No. R18671) wherein provisions were made for the dischazge into the San Disco Metropolitan
Sewerage System ("Metro System") of sewage originating within a designated area of Chula
Vista; and
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7. WHEREAS, pursuant to the "Regional Wastewater Disposal Agreement between
the City of San Diego and Participating Agencies in the Metropolitan Sewerage System"
(hereinafter referred as "Metro Agreement") approved on May 18, 1998, and expiring on
December 31, 2050, the. District has the right to dischazge up to 10.978 million gallons of sewage
daily ("mgd") and Chula Vista has the right to dischazge up to 19.843 mgd into .the Metro
System; and
8. WHEREAS, Chula Vista and the District deem it mutually desirable and
advantageous for Chula Vista to allow the Church of the Good Shepherd to dischazge sewage
into the City Sewer provided Chula Vista's recorded flow rate into the Metro System is
appropriately adjusted as described in this Agreement, and Chula Vista is made whole regazding
costs associated with transporting sewage through the City Sewer, including payments of fair
shaze costs for repair, maintenance, and replacement of City Sewer, and
9. WHEREAS, this Agreement shall establish the rights, privileges and duties of the
parties concerning the construction, use and maintenance of the County Line to the City Sewer,
set standazds governing waste discharges and sewage flow, and describe adjustments to recorded
flow rates for both the District and Chula Vista flow volumes into the Metropolitan System in an
amount up to, but not exceeding, 8 EDUs.
NOW THEREFORE, the parties hereto agree as follows
ARTICLE I. -DEFINITIONS
LI Definitions. For the purpose of interpreting this Agreement, the following terms shall have
the meaning ascribed to them hereunder:
1.1.1 "Average Daily Flow" is the number, in million gallons of wastewater per day
("MGD"), calculated by dividing the total flow on a fiscal year basis by 365 days.
1.1.2 "Allocated Capacity or Capacity Rights" means the Average Daily Flow of sewage
that the Property is permitted to dischazge into the City Sewer, expressed as a rate
of flow in million gallons per day.
1.1.3 "City Sewer" means the City of Chula Vista's Bonita Road Sewer, which is an 8"
diameter sewer line that runs westerly along Bonita Road and then turns into a 10"
diameter line at Willow Street where it runs northerly on Willow Street to connect
to the Spring Valley Outfall at the intersection of Willow $Veet and Bonita Road.
1.1.4. "Equivalent Dwelling Unit" or "EDU" means a single family dwelling unit or each
single family dwelling unit in a duplex, multiple dwelling unit, or apartment house.
I.1.5 "Excess Infiltration" refers to the inflow of water into the City Sewer from the
ground through damaged or defective pipes, pipe joinu, lateral connections, and
manhole walls. For purposes of this agreement, "excess idfiltration" shall be
defined as the inflow of water in excess of 10% of the total flows into the City
Sewer due to leakage at any point along the County Line or at the location at which
the County Line taps into the City Sewer.
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1.1.6 "Flow per EDU" assumed to be 265 gallons per day ("gpd"), is the estimated
amount of flow generated per EDU on a daily basis, in accordance with the City of
Chula Vista's Subdivision Manual -Sewer Design. Criteria.
1.1.7 "Inflow" means extraneous storm water into the City Sewer through roof leaders;
cleanouts, foundation drains, sump pumps and cellaz, yazd and area drains along
the County Line or at the location at which the County Line taps into the City
Sewer.
1.1.8 "Peak Flow" means the maximum instantaneous dischazge of sewage expressed as
a rate of flow in million gallons per day ("mgd").
1.1.9 "Project" means the development of the Good Shepherd Church property at 3990
Bonita Road, Bonita, California, in accordance with the plans and specifications
that have been presented to the County of San Diego for approval and to the City of
Chula Vista for review and from which the Allocated Capacity has been derived.
Project Plans have been attached to this Agreement as Exhibit B.
1.1.10 "Property" means that pazcel currently owned by the Church of the Good
Shepherd, located at 3990 Bonita Road, Bonita, California, depicted on Exhibit C,
and further described on Exhibit D, attached hereto and incorporated herein by this
reference.
ARTICLE II -GENERAL TERMS
2.1 Effective Date. This Agreement shall be executed and take effect upon the signing of the
last party hereto.
2:2 Term: This Agreement shall remain in effect until such time as Good Shepherd, its
successor in interest,. and any additional connections or flows permitted due to
amendment of this Agreement pursuant to 3.1.8.1, cease their use of the City Sewer or
the Agreement is otherwise terminated, whichever is sooner.
ARTICLE III -COUNTY LINE
3.1 Grant of Right. Subject to the terms and conditions herein, City hereby grants to the
District the right to connect an 8" sewer line from the Church of the Good Shepherd to the City
Sewer to dischazge sewage into it for transportation. Provided all conditions of this Agreement
and all information required by the City of Chula Vista for any approvals or permits necessary
for the construction and connection of the County Line is submitted by the District to the City of
Chula Vista, the City of Chula Vista shall not unreasonably delay said approvals or permits
necessary for the District to connect to the City Sewer.
3.1.1 Costs. Any and all costs, including those costs identified in Article VI, herein,
arising out of or related to the construction, installation, maintenance; repair,
replacement or use of the County Line and appurtenances thereto shall be the
obligation of the District.
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3.1.2 Capacity RigJtts. District shall have the right to dischazge sewage through the
County Line into the City Sewer in an amount not to exceed 8 EDUs - (Average
Daily Flow of 2,120 gpd).
3.1.3 Source of Selvage. Unless allowed in accordance with Section 3.1.8.1 of this
Agreement, the County Line shall be used. only to dischazge sewage generated by
the Project.
3.1.4 Se>7~age Standards. District shall regulate and prohibit the discharge of sewage
and wastes into the City Sewer that do not meet the quality and standazds
established in the City of Chula Vista's Municipal Code. All sewage discharged
into the City Sewer shall meet the sandazds established by the City of San Diego
pursuant to Section II.F of the Metro Agreement. The District shall not dischazge
into the City Sewer any sewage or wastes that do not meet the standazds
established by and for Chula Vista under appropriate ordinances, resolutions,
rules, or regulations. The District shall also comply with the applicable statutes,
rules, and regulations of agencies of the United States of America, the State of
California, and the City of San Diego having jurisdiction over the collection,
transmission, treatment, and disposal of sewage and wastes.
3.1.5 Infalta•ation. District shall not allow excessive i~ltration into the County Line
and from such line into the City Sewer.
3.1.6 bz)?ow. District shall not allow, to the maximum extent practicable, the inflow of
surface or stotm waters to be dischazged into the County Line and from such line
into the City Sewer.
3.1.7 Peak Flow. During the term of this Agreement, District shall have the right to
dischazge peak flow into the Ciry Sewer not to exceed 5,300 gpd and City shall
have the obligation to receive such peak flow from District. Temporary increases
in peak flow resulting from rainfall shall not exceed the stated Peak Flow.
3.1.8 No Expansion of Riglat. The Property and the improvements to be made thereon,
otherwise known as the Project, shall be the only property and structures to be
served by the County Line and in no event shall City allow any areas or structures
not identified as part of the Project to be served by County Line; except as
provided for in Section 3.1.8.1. Dischazge in excess of the Allocated Capacity or
the addition of connections shall be a breach of this Agreement subject to the
remedies contained herein and those provided by ]aw and equity.
3.1.8.1lncrease in Discharge or Additional Connections. Additional flows
beyond the 8 EDUs permitted for Good Shepherd under the terms of this
Agreement and/or other properties that may subsequently annex into
Spring Valley Sanitation District and desire to connect to the City Sewer
through this Agreement, shall be conditional upon availability of sewer
capacity in the City of Chula V ista sewer system. Any increase in sewage
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dischazged into or connections to the City Sewer shall therefore, require a
written amendment to this Agreement.
3.1.9 Change In Use.. There shall be no, change in use of the Project, which may
increase the Allocated Capacity, absent prior written approval from Chula Vista
ARTICLE IV -DESIGN AND CONSTRUCTION
4.1 Design and Construction Standazds. The District, at its sole expense, shall design and
construct, or cause to be designed and constructed, the County Line to the City Sewer.
4.1.1 Standard of Care. District agrees that the professional services required by this
Agreement shall be performed in accordance with the standazds customarily
adhered to by experienced and competent professional architectural, engineering,
and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of
California.
4.1.2 Compliance with Design and Construction Standards. District shall comply
with, or ensure that the most current editions. of appropriate design and
construction standazds shall be used for all design and construction activity
required by this Agreement.
4.1.3 Standard Specifications. District shall comply with, or ensure that the most
current editions of reference specifications shall be used when designing and
constructing the Project, including:
4.1.3.1 The most recent edition of the Standard Specifications for Public Works
Construction, including the Regional and City of Chula Vista Supplement
Amendments [Greenbook].
4.1.3.2 California Department of Transportation Manual of Traffic Controls for
Construction and Maintenance Work Zones.
4.1.4 City Standards. District's professional services shall be provided in conformance
with the professional standazds of practice established by City. This includes all
amendments and revisions of these standards as adopted by City.
4.15 Permits. The Parties acknowledge that the construction work to be performed
within the City of Chula Vista in compliance with this Agreement is subject to the
prior issuance of a Chula Vista construction permit.
ARTICLE V. MAINTENANCE, REPAIR, AND REPLACEMENT
5.1 Maintenance Repair and Reconstruction. District shall ensure that the County Line is
maintained in good repair and good working order and in accordance with sound
engineering principles and practices. It shall be the duty of the District to make repairs
on the County Line and to make replacements, including reconstruction, as required to
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keep the County Line in good operating condition. All costs associated with
maintenance, repair, and reconstruction of the County Line shall be the obligation of and
paid for by the District.
5:2 tandazds. Maintenance, repair, replacement, and/or reconstruction of the County Line
shall be in accordance with the latest edition of the County design standazds (Standard
Specifications for Public Works Construction and San Diego Area Regional Standazd
Drawings), and State of California, Department of Transportation Standard Specifications
for Public Works Construction and San Diego Area Regional Standard Drawings.
ARTICLE VI. CHARGES AND EXPENSES
6.1 Costs of Design Construction Repair Maintenance and/or Replacement of County
Line. District shall be responsible for all costs associated with the design, conswction,
repair, maintenance, and/or replacement of the County Line.
6.2 Charge Against Canacitv Rights- All sewage generated from the Property (including
inflow or infiltration) discharged into the Metro System via the County Line shall be
charged against District's capacity rights as defined in the Metro Agreement and any
amendments or supplements thereto. As no meters will be installed to calculate actual
flow of and capacity used by the County Line, Chula Vista and the District have agreed
to calculate the flow to be generated by .the Church of the Good Shepherd prior to
connection to the City Sewer based on the number of fixture units within the. Church of
the Good Shepherd, but in an amount not to exceed 8 EDUs as verified by review of
approved building permit plans for the Project. Fixture units sltall be converted to EDU's
utilizing equivalent fixture units as described in Chula Vista's Form 5509 Development
Checklist, Sewage Participation Fee section.
6.3 Amendment to the Metro Billing Formula for Chula Vista and the District. Prior to
construction and connection of the County Line to the City Sewer, District and Chula
Vista shall each send a letter to the City of San Diego stating that an agreement has been
reached between the two agencies regarding the discharge from the Church of the Good
Shepherd. Chula Vista's recorded flow shall be reduced by up to B EDUs, the District's
recorded flow shall be increased by the same amount (up to 8 EDUs), and the Metro
Billing Formula shall be adjusted accordingly, all based on a final fixture unit count on
.approved building permit plans for the Project
6.4 Sewer Service Charge. Chula Vista's sewer service charges have been set to recover
Chula Vista's costs for wastewater treatment, maintenance and operation of the local
collection system, and capita! replacement. Since Chula Vista will not be liable for the
cost of wastewater treatment for potentially as many as 8 EDUs of flow generated by the
Church of the Good Shepherd, the District shall pay to Chula Vista a monthly service
charge for that portion of the sewer services charge needed to cover the Chula Vista's
Maintenance and Operation ("City M & 0") costs. Monthly Sewer Service Charges shall
be paid annually by District to Chula Vista within thirty (30) calendar days of receipt of
an invoice for such charges. The Monthly Sewer Service Charge shall be determined as
follows:
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Monthly Sewer Service Chazge = {(Usage x Rate x RF) + (Fixed Service Chazge)} x
(Chula Vista M&0 %)
Where Usage is based upon the. # of EDU`s calculated for the Project where 1 EDU =
1.0625 Hundred Cubic FeeUmonth; Rate =Low Strength Commercial Rate; RF =Return
Factor = 100%; Fixed Service Chazge =Fixed Service Chazge for 1" Meter; Chula Vista
M & 0 % (i.e. Percentage of the Sewer Service Chazge required to recover City's M & 0
Costs, and Capital Replacement Costs) = 41.4%
6.5 Maior Repair Reconstruction. and Replacement. If as a result of natural disaster,
operation of federal or state law, or other causes beyond Chula Vista's control, it
becomes necessary for Chula Vista to undertake major reconstructicn, replacement, or
repairs of the City Sewer, District shall reimburse Chula Vista for a proportionate share
of the net costs of such reconstruction, replacement, or repairs. The amount to be paid by
District to Chula Vista shall beaz the same ratio to the total costs of such reconstruction,
replacement, or repairs as the amount of sewage dischazged from the County Line into
City Sewer to the total amount of sewage dischazged into City Sewer at the time when
said reconstruction, replacement, or repairs become necessary.
6.6 No Chazee to Ciri. Chula Vista. shall not incur any costs associated with the design,
construction, maintenance, repair, replacement, or use of the County Line.
ARTICLE VII. LIABILITY
7.1 Interruotion in Service. In the event of an interruption of service to the District by the
City Sewer, as a result of.disaster, operation of State or Federal law, discontinuance of or
interruption of service of the San Diego Metropolitan Sewerage System or connections
thereto, or any other cause beyond the control of Chula Vista, Chula Vista shall bear no
liability and shall be held free and harmless by the District from any claims and liabi}ities
for any injury to or damage to any persons, including dismemberment, disability, or
death, or property arising from or out of such interruption of service or for any other
damages or-costs incurred by the District as a result of such interruption of service.
Nothing herein contained shall operate to relieve the District of any liability for damages
to persons or property arising from or out of the installation, construction, operation,
maintenance, repair, replacement, and/or reconstruction of the .County Line and
appurtenances thereto or from any action or inaction of the District or of its officers,
agents, employees, or contractors in connection therewith.
ARTICLE VIII. INDEMNITY
8.1 Defend Indemnify and Hold Harmless (District). To the extent it may legally do so,
District shall defend, indemnify, and save and hold free and harmless City of Chula
Vista, its agents, officers and employees from any claim, actions, liabilities, penalties or
fines for injury to or damage to any person or property or for the death of any person
azising from or out of any act or omission of District, its agents, officers, employees or
contractors, arising from or out of the installation, construction; operation, maintenance,
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repair, replacement and/or reconstruction of said County Line and/or appurtenances
installed according to Section 3 of this Agreement.
8.2 Defend Indemnify and Hold Harmless (Chula Vistal. Without waiving any
governmental immunity and to the extent it may legally do so, Chula Vista shall defend,
indemnify, and save and hold free and harmless District, its board members, agents,
officers and employees from any claim, actions, liabilities, penalties or fines for injury to
or damage to any person or property or for the death of any person arising from or out of
any act or omission of Chula V ista, its agents, officers, employees or contractors.
ARTICLE IX. NOTICES
9.1 W 'tin . Any demand upon or notice required or permitted to be given by one party to
the other party shall be in writing.
9.2 Effectivc Date. Except as otherwise provided by law, any demand upon or notice
required or permitted to be given by one party to the other parry shall be effective; (i) on
personal delivery, (ii) on the second business day after mailing by certified or registered
U.S. Mai], return receipt requested, (iii) on the succeeding business day after mailing by
Express Mail or after deposit with a private delivery service of general use (e.g., Federal
Express) postage or fee prepaid as appropriate, or (iv) upon successful transmission of
facsimile.
9.3 Recipients. All demands or notices required or permitted to be given shall be sent to all
of the following:
9.3.1 City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
9.3.2 Permittee: Spring Valley Sanitation District
County of San Diego
5555 Overland Avenue
Bldg. 2, Suite 2260
San Diego CA 92123
9.4 Chanee of Address(esl. Notice of change of address shall be given in the manner set
forth in this Article.
ARTICLE X. TERM OF AGREEMENT
10.1 lion. This Agreement and all conditions herein shall remain in full force and effect
unless terminated by mutual agreement. provided that the District is not in default under
or breach of this Agreement.
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ARTICLE XI. MISCELLANEOUS PROVISIONS
11.1 Headings. All article headings aze for convenience only and shall not affect the
interpretation of this Agreement.
11:2 Gender & Number. Whenever the context requires, the use .herein of (i) the neuter
gender includes the masculine and the feminine genders and (ii) the singulaz number
includes the plural number.
11.3 Reference to .Paragraphs. Each reference in this Agreement to a section refers, .unless
otherwise stated, to a section this Agreement.
11.4 Incorporation of Recitals. All recitals herein aze incorporated into this Agreement and
aze made a part hereof.
11.5 Covenants and Conditions. A]1 provisions of this Agreement expressed as either
covenants or conditions on the part of Chula Vista or the District, shall be deemed to be
both covenants and conditions.
11.6 Integration. This Agreement and the Exhibits and references incorporated into this
Agreement fully express all understandings of the parties concerning the matters covered
in tltis Agreement. No change, alteration, or modification of the terms or conditions of
this Agreement, and no verba! understanding of the parties, their officers, agents, or
employees shall be valid unless made in the Form of a written change agreed to in writing
by both parties or an amendment to this Agreement agreed to by both parties. All prior
negotiations and agreements are merged into this Agreement.
11.7 Severabiliri. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable, invalid,
or illegal.
11.8 Drafring Ambiguities. The parties agree that they aze aware that they have the right to be
advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to
this Agreement is a decision that is the sole responsibility of each party. This Agreement
shall not be construed in favor of or against either party by reason of the extent to which
each party participated in the drafting of the Agreement
11.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits, the main body of this Agreement shall
control. if a conflict exists between an applicable federal, state, or local law, rule,
regulation, order, or code and this Agreement, the law, rule, regulation, order, or code
shall control. Varying degrees of stringency among the main body of this Agreement, the
Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the
most stringent requirement shall control. Each party shall notify the other immediately
upon the identification of any appazent conflict or inconsistency concerning this
.Agreement.
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1 ].10 Prompt Performance. Time is of the essence of each covenant and condition set forth in
this Agreement.
11.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and
assist each other in the performance of the provisions of this Agreement.
11.12 Further Assurances. Chula Vista and District each agree to execute and deliver such
additional documents as maybe required to effectuate the purposes of this Agreement.
11.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by
this reference:
E hi 't A: 8" County Line
E hi it B: Conceptual Project Plans
Exhibit C: Location Map
Exhibit D: Legal Description
11.14 Compliance with Controllins Law. The District shall comply with all laws, ordinances,
regulations, and policies of the federal, state, and local governments applicable to this
Agreement, including (if required) California Labor Code section 1720 as amended in
2000 relating to the payment of prevailing wages during the design and preconstruction
phases of a project, including inspection and land surveying work. In addition, the
District shall comply immediately with all directives related to the continucd use of the
City Sewer issued by Chula Vista or its authorized representatives under authority of any
laws, statutes, ordinances, rules, or regulations. The laws of the State of Califomia shall
govern and control the terms and conditions of this Agreement.
11.15 Jurisdiction. Venue. and Attomev Fees. The venue for any suit or proceeding concerning
this Agreement, the interpretation or application of any of its terms, or any related
disputes shall be in the County of San Diego, State of Califomia. The prevailing party in
.any such suit or proceeding shall be entitled to a reasonable awazd of attorney fees in
addition to any other award made in such suit or proceeding.
11.16 Municipal Powers.. Nothing contained in this Agreement shall be construed as a
limitation upon the powers of Chula Vista as a chartered city of the State of Califomia.
11.17 Third Party Relationship Nothing in this Agreement shall create a contractual
relatiotuhip between Chula Vista, District and any third party; however, the parties
understand and agree that Chula Vista, to the extent permitted by law, is an intended third
parry beneficiary of all District's contracts, purchase orders and other contracts between
District and third party services related to the use of the City Sewer. District shall
incorporate this provision into its contracts, supply agreements and purchase orders.
11.18 Non-Assignment. The District shall not assign the obligations under this Agreement,
whether by express assignment or by sale of the company, nor any monies due or to
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become due, without Chula Vista's prior written approval. Any assignment in violation of
this pazagraph shall constitute a default and is grounds for immediate termination of this
Agreement, at the sole discretion of Chula Vista. Tn no event shall any putative
assignment create a contractual relationship between Chula Vista and any putative
assignee.
11.19 Successors in Interest. This Agreement and all rights and obligations created by this
Agreement shall be in force and effect whether or not any parties to the Agreement have
been succeeded by another entity, and all rights and obligations created by this
Agreement shall be vested and binding on any party's successor in interest.
11.20 Independent Contractors. The District, any consultants, contractors, subcontractors, and
any other individuals employed by the District shall be independent contractors and not
agents of Chula Vista. Any provisions of this Agreement that may appeaz to give Chula
Vista any right to direct the District coneeming the details of performing the services
under this Agreement, or to exercise any control over such performance, steal] mean only
that the District shall follow the direction of Chula Vista concerning the end results of the
performance.
11?1 Aonroval. Where the consent or approval of a party is required or necessary under this
Agreement, the consent or approval shall not be unreasonably withheld.
11.22 No Waiver. No failure of either Chula Vista or the District to insist upon the strict
performance by the other of any covenant, term or condition of this Agreement, nor any
failure to exercise any right or remedy consequent upon a breach of any covenant, term:
or condition of this Agreement, shall constitute a waiver of any such breach of such
covenant, term or condition. No waiver of any breach shall affect or alter this Agreement,
and each and every covenant, condition, and term hereof shall continue in full force and
effect to any existing or subsequent breach.
11.23 Sig_rtina Authority. The representative for each party signing on behalf of a corporation;
partnership, joint venture or governmental entity hereby declazes that authority has been
obtained to sign on behalf of the corporation, partnership, joint venture, or entity and
agrees to hold the other party or parties hereto harmless if it is later determined that such
authority does not exist.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials.
Approved as to form and legality THE CITY OF CHULA VISTA
this day of ,.2009
By
City Attorney
of the City of Chala Vista.
Approved as to form and legality SPRING VALLEY SANITATION DISTRICT
this day of . X009 By
Thomas 7. Pastuszka
County Counsel Clerk of District Board of Directors
By ,Senior Deputy
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Exhibit A -County Line Location
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Exhibit C
Location Ma
EXHIBIT D -LEGAL DESCRIPTION
PORTIONS OF QUARTER SECT]ON 72 AA'D QUARTER SECTION 73 OF RANCHO DE LA NACION,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
156, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
ASSESSOR'S PARCELNUMSERS: 591-252-21, 592-060-28 AND -67
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