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HomeMy WebLinkAboutAgenda Statement 1988/06/07 Item 9• COUNCIL AGENDA STATEMENT Item 9 Meeting Date 6/7/88 ITEM TITLE: Resolution,~S~~ Ratifying an Agreement for the Operation and Maintenance of Sewage Lift Stations and Sewer Mains Within Territory of San Diego nified Port District SUBMITTED BY: Director of Public Works G~ REVIEWED BY: City Manager ~~ ~ (4/5ths Vote: Yes No X ) The original agreement of June 21, 1983, between the San Diego Unified Port District and the City of Chula Vista expired on July 1, 1986, and has not been extended. The City Attorney recommended a new agreement between the City and Port District be drawn up and signed by both agencies. This agreement has been reviewed by the Port District and signed by their officials. The agreement is now before the City Council for review and approval. RECOMMENDATION: That Council 1. Ratify the agreement between the City and Port District and authorize the Mayor to execute the document on behalf of the City. • 2. Adopt a resolution approving the a reement. 9 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On June 21, 1983, an agreement was entered into by and between the City of Chula Vista and the San Diego Unified Port District. By this agreement, the City agreed to maintain sanitary sewer facilities including sewer mains and sewage lift stations within the territory of the Port District .lying adjacent to San Diego Bay and between "G" Street and "J" Street. The Port District was responsible for making quarterly payments to the City for all maintenance and operation related City expenses during that quarter. The agreement expired on July 1, 1986 and was not extended. In 1986 the Port District completed additional sanitary sewers for Bayside Park adjacent to San Diego Bay. The District offered operation and maintenance easements to the City for Bayside Park sewers in a proposed first amendment to the initial agreement. The first amendment proposed the City maintain the new Bayside Park sewers and accept the operation and maintenance easements offered by the District within the tidelands properties of the District. The first amendment also proposed to extend the life of the original agreement through June 30, 1987. • Page 2, Item 9 • Meeting DateZ7'TJ$~ After an investigation by Engineering staff, at the end of 1986, it was decided not to accept the maintenance of the Bayside Park sewers or the operation and maintenance easements for these sewers. It was estimated that maintenance costs for these sewers would be very high because the sewers were installed on very flat slopes. Therefore, the first amendment was never executed. The Port District stopped reimbursing the City for maintenance costs incurred during the last quarter of 1987 because the original agreement had expired and was not extended. The City Attorney's office recommended that a new agreement retroactive to 1987 be drawn up and executed by both parties. The new agreement essentially incorporates the provisions of the original agreement and makes a few changes. The City agrees to perform maintenance work on the sewers for Bayside Park within the tidelands properties of the District only on a time and material basis upon the District's written request for said services. No easements are required. The new agreement shall be made retroactive to October 1, 1987, to cover all the operation and maintenance costs billed to the District but not paid to the City because of the expiration of the agreement of June 21, 1983. The new agreement will expire on July 1, 1992, but it may be extended upon • mutual agreement between the City Manager of the City of Chula Vista and Port Director of the Port District. In addition, either the City Manager or Port Director may terminate the agreement at any time upon the giving of at least ninety (90) days prior notice in writing to the other party. This agreement was signed by Port District officials on May 3, 1988. Summary/Conclusions Since the original agreement of June 21, 1983, by and between the City and the Port District expired on July 1, 1986, and was not extended, a new agreement is needed. This is particularly true since the proposed first amendment drafted by the District was never signed by the City. This would have extended the life of the agreement to July 1, 1987. The Port District now refuses to reimburse the City for maintenance costs of sanitary sewers within their tidelands territory. The problem of the flat Bayside Park sewers will be handled by the City only on a time and material basis upon the District's written request for said maintenance work. The new agreement shall be in effect through June 30, 1992, to eliminate yearly extensions. The six-month time period has been reduced to ninety (90) days for either party to terminate the agreement with written notice. The Port District agrees to make quarterly payments to the City for maintenance work retroactive to October 1, 1987, to cover unpaid billings. • The facilities covered by this agreement may be added to or deleted from at any time by mutual consent of the two parties. -= --`-P • Page 3, Item 9 Meeting Date 6/7/88 FISCAL IMPACT: It is estimated that the annual City operations and maintenance costs for the sewers and lift stations within the District's territory shall be approximately $5,500. These costs will be calculated quarterly and invoices sent to the District for payment. SR:nr/LY074 WPC 3774E • ~i?;: Ci;:y ~:o;~ncil of Chula Vi;;ta, ~--uiifornia Dated ~: / / /~ ~1" /'"'" '~'