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HomeMy WebLinkAbout2011/03/22 Item 7CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF ---- CHULAVISTA 3/22/11, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO COOPERATNE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIIZECT R OF ENG REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~j'r 4/STHS VOTE: YES ^ NO SUMMARY On February 26, 1991, by Resolution 16081, the City Council approved the Cooperative Agreement for the Interagency Water Task Force. The Interagency Water Task Force was created on March 22, 1991 when the Otay Water Authority and the Sweetwater Authority also approved the Cooperative Agreement. On March , 6, 2007, the City Council adopted, by Resolution 2007-049, the First Amendment to the Cooperative Agreement allowing the selection of a Vice Chairman, the inclusion of a Drought Management Program, a termination provision, some clarifying language, and the revision of frequency of meetings. The Second amendment, now before Council, will further revise the frequency of meeting to an as needed and as mutually agreed upon frequency. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. 7-1 3/22/11, Item Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION In June 1990, after meeting for a period of one year to analyze issues affecting water supply and service to Chula Vista residents, the Chula Vista Water Task Force presented its final report to the City Council. One of the major recommendations of that Water Task Force was to establish an Interagency Water Task Force, which would include members from the City Council of Chula Vista and representatives from the two water agencies serving Chula Vista, Otay Water District ("Otay") and Sweetwater Authority ("Sweetwater"). It was argued that such a task force would be an effective means of promoting and enhancing the communication between the City and the agencies responsible for providing water service within the service area of Chula Vista. On February 26, 1991, by Resolution 16081, Council approved the Cooperative Agreement of the Interagency Water Task Force and, on March 22, 1991, Otay Water and Sweetwater Authority also approved the Cooperative Agreement. The Cooperative Agreement, known as document number C091-027, created the Interagency Water Task Force between the City of Chula Vista, Otay Water District, and Sweetwater Authority and established the functions and duties thereof. The Task Force currently consists of seven voting members and non-voting ex-officio members. Of the voting members, two shall be members of the City of Chula Vista City Council, two members of Otay Water District Governing Board, two members of the Sweetwater Authority Governing Board and one representative of the general public appointed by the City of Chula Vista City Council. On March 6, 2007 by Resolution 2007-049, Council adopted the First Amendment to the Cooperative AgreemenC that allowed for the selection of a Vice Chairman on an annual basis in the month January and included a termination provision. The 2007 amendment also include a recommendation that the Drought Management Program be added as an element of the functions and duties of the Interagency Water Task Force. In addition, the 2007 amendment revised the meeting frequency required by the Cooperative Agreement of the Interagency Task Force from at least once per quarter to at least twice a year, or quarterly, as determined by agenda requirements. The Second amendment, now before Council, will further revise the meeting frequency requirements in the Cooperative Agreement of the Interagency Task Force to an as needed and as mutually agreed upon as agenda matters require on the day and at the time and in the place that it shall designate by resolution and /or by bylaw and such special meetings as the Task Force may require. All other terms and conditions of the Agreements entered into on February 26, 1991 and March 22, 1991, as described above, shall remain in full force and effect. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund. 7-2 3/22/11, Item Page 3 of 3 ONGOING FISCAL IMPACT There are no ongoing fiscal impacts. ATTACHMENTS 1. Cooperative Agreement 2. First Amendment to the Cooperative Agreement Exhibit A. Second Amendment to the Cooperative Agreement Prepared by: Rober(o Ynno, Sr. Civil Engineer, Public Works Depnrtment J: IEngineerlAGENDA1CA5201 ! 103-22-J /'vll J3lnteragency 4Ynler 201 Ldoc 7-3 ATTACHMENT ~ AMENDED COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF WHEREAS, in May 1989, the City Council formed the Chula Vista Ad Hoc Water Task Force for the purpose of studying water related issues facing the City of Chula Vista and to make recommendations to the City Council and to the affected water agencies regarding water related matters; and WHEREAS, said Task Force has received presentations from leaders and staff members from all major water related agencies in Southern California since the date of its commission; and WHEREAS, said Task Force has, at the City Council meeting of June l9 (Item 4b) reported back to the City Council with regard to its recommendations which were contained in a report from said Task Force dated May 1990, entitled "Recommendations Report to Chula Vista Ciry Council, " a copy of which is on file in the office of the City Clerk of said City; and WHEREAS, said Task Force has recommended the formation of a Chula Water Task Force to discuss local water related issues; and WHEREAS, at the City Couricil meeting of June 19, 1990, the City Council did direct staff to study and report back on the formation of said Task Force; and, WHEREAS, it is mutually agreed between the City Council of Chula Vista, the board of directors of the Otay Water District, and the board of directors of the Sweetwater Authority that an Intemgency Water Task Force to deal with local related water issues would be advisable; and WHEREAS, an agreement should be prepared establishing the formation, responsibilities, and duties of the Task Force; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE SWEETWATER AUTHORITY AGREE A5 FOLLOWS: Part I: Interagency Water Task Force Creation; Appointment of Members; Term; Quorum; Rules and Regulations. 1. There is hereby created a Chula Vista Interagency Water Task Force. The Task Force shall consist of seven (7) voting members and non-voting ex- officiomembers and such other ex-officio members as the agencies may assign. 2. Ex-officio members shall be entitled to deliberate, and participate in the dehbera[ions of [he Task Force, but shall not be rntitled to vote on matters before the Task Force. 3. Of the Voting Members, two shall be representatives of, and members of the City Council of the City of Chula Vista and appointed by the City Council 7-4 ~20O7- ~~/~ ("Council Representatives"), one shall be a representative of the genern] public of, and qualified elector of the City of Chula Vista and appointed by the City Council ("General Public Representative"), two shall be members of the Otay Water District Governing Board and appointed by their board of directors ("Otay Water District Representatives"), and two shall be members of the Sweetwater Authority Governing Board and appointed by their board of directors ("Sweetwater Authority Representatives"). The three groups of representatives, to wit: Council Representatives, Otay Water District Representatives, and Sweetwater Authority Representatives shall be sometimes herein referred to as "Agency Voting Classifications." 4. All vacancies shall be filled by the appointing authority of the representative of the office vacated. 5. Each agency shall rotate the appointment of a secretary to the Task Force periods agreed to by the Task Force. 6. The Task Force shall select a Chairman and Vice Chaimtan from its membership annually in the month of January. Four voting members, including at least one Council Representative, one Otay Water District Representative, and one Sweetwater Authority Representative, shall constitute a quorum for the transaction of business. Otherwise, the Task Farce shall adopt reasonable rules and regulations for carrying out all the functions and duties of the Task Force and governing its meetings. Al] reports and recommendations shall be made in writing. All officers and department heads of all agencies shall cooperate with and render reasonable assistance to the Task Force. Part II: Functions and Duties It shall be the funcfion of the Task Force to investigate, study and make recommendations to the Chula Vista City Council, the Otay Water District Governing Board, and the Sweetwater Authority Governing Board concerning water related matters. The primary objective of the Task Force shall be to make recommendations with the goal of assuring an adequate and high quality supply of water for the residents of the region. The Task Force shall produce a report which provides objectives including but not limited to: (1) Water Quality (2) Water Reclamation Program (3) Water Conservation Program/Drought Management Programs (4) Emergency Water Storage Supply (5) Water Pressure (6) Water Distribution ('r7 Implication of Land Use Proposals on Water Supply 2. In addition to the above, the Task Force shall: A. Make recommendations as to how the City of Chula Vista, the Otay Water District, and the Sweetwater Authority may become more pmaciive in state and regional water related issues. 7-5 $. Make recommendations as to how the City, the Otay Water District, the Sweetwater Authority, and the various water purveyors may integrate their long and short term master and general plans for development. Each Agency reserves the right to develop and implement its own Water Master Plan. however, this Task Force may review and comment on these Plans. Each such Plan should represent a coherent and complimentary water policy (relating to usage, storage, conservation, and enforcement) far the territory covering the combined jurisdictions of the City, the Otay Water District, and the Sweetwater Authority. C. Make recommendations to the City Council, the Otay Water District Goveming Boazd, and the Sweetwater Authority Governing Board as to the establishment of ordinances, policies and guideline manuals for the implementation of water conservation and other water related measures. D. Recommend the establishment, with implementation plans, of a new water use and conservation ethic and to recommend to the City Council, the Otay Water District Goveming Board, and the Sweetwater Authority Governing Boazd means for implementing same. E. Provide advice to the City in developing any water element or plan as part of its General Plan and/or Growth Management Plan. F. Study and report, as requested, the impacts to the water systems of land use decisions. 3. Such other and further matters as have been or may, from time to time, be assigned to the Task Force by the City Council, the Otay Water District Goveming Boazd, and the Sweetwater Authority Governing Board. Part III: Meetines The Interagency Water Task Force shall meet at ]east twice a year, or quarterly as agenda matters require on the day and at the time and in the place that it shall designate by resolution and/or by bylaw and such special meetings as the Task Force may require. Part IV: Termination This Cooperative Agreement may be terminated upon the written authorization of the City Council of the City of Chula Vista, the Otay Water District Governing Board, or the Sweetwater Authority Goveming Board. [End of Page. Next Page is Signature Page] 7-6 Signature Page to the Amended Cooperative Agreement Creating the Chula Vista Interagency Water Task Force Date: ~' i+ CITY OF CHULA VISTA Cheryl Cox, Mayor Attest: ~BYLGt~.- /Jt/Nu/ Susan Bigelow, ~" City Clerk Approved as to form: Ann Moore, City Attorney Date: ~' '4 ~~ OTAY WATER DISTRICT Mark Watton, General Manager A rov d as to form: Yuri C eron, General Counsel Date: J`z`7~-4~ SWEETWATER AUTHORITY Dennis Bo , General anager 7-7 ATTACHMENT 2 COOPERATIVE AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY WATER DISTRICT, AND THE SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF WHEREAS, in May 1989, the City Council formed the Chula Vista Ad Hoc Water Task Force for the purpose of studying water related issues facing the City of Chula Vista and to make recommendations to the City Council and to the affected water agencies regazding water related matters; and WHEREAS, said Task Force has received presentations from leaders and staff members from all major water related agencies in Southern California since the date of its commission; and WHEREAS, said Task Force has, at the City Council meeting of June 19, 1990 (Item 4b) reported back to the City Council with regazd to its recommendations which were contained in a report from said Task Force dated May 1990, entitled "Recommendations Report to Chula Ysra City Council ", a copy of which is on file in the office of the City Clerk of said City; and WHEREAS, said Task Force has recommended the formation of a Chula Vista Interagency Water Task Force to discuss local water related issues; and WHEREAS, at the City Council meeting of June 19, 1990, the City Council did direct staff to study and report back on the formation of said Task Force; and, WHEREAS, it is mutually agreed between the City Council of Chula Vista, the board of directors of the Otay Water District, and the boazd of directors of the Sweetwater Authority that an Interagency Water Task Force to deal with local related water issues would be advisable; and WHEREAS, an agreement should be prepared establishing the formation, responsibilities, and duties of the Task Force; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS: -1- 7-S ~ itoo~ i 'L.cFl ~-021 Part I Interagency Water Task Force Creation; Appointment of Members; Term; Quorum; Rules and Regulations. 1. There is hereby created a Chula Vista Interagency Water Task Force. The Task Force shall consist of seven ('7) voting members and non-voting ez-officio members and such other ex-0fficio members as the agencies may assign. 2. Ez-officio members shall be entitled to deliberate, and participate in the deliberations of the Task Force, but shall not be entitled to vote on matters before the Task Force. 3. Of the Voting Members, two shall be representatives of, and members of the City Council of the City of Chula Vista and appointed by the City Council ("Council Representatives"), one shall be a representative of the general public of, and qualified elector of the City of Chula Vista and appointed by the City Council ("General Public Representative"), two shall be members of the Otay Water District Governing Boazd and appointed by their boazd of directors ("Otay Water District Representatives"), and two shall be members of the Sweetwater Authority Governing Boazd and appointed by their board of directors ("Sweetwater Authority Representatives"). The three groups of representatives, to wit: Council Representatives, Otay Water District Representatives, and Sweetwater Authority Representatives shall be sometimes herein referred to as "Agency Voting Classifications". 4. All vacancies shall be filled by the appointing authority of the representative of the office vacated. 5. Each agency shall rotate the appointment of a secretary to the Task Force for periods agreed to by the Task Farce. b. The Task Force shall select a Chairman from its membership annually in the month of January. 7. The Task Force shall not conduct business without the presence of a quorum which is hereby defined to exist when at least four members are present, and at least each Agency Voting Classification is represented. Otherwise, the Task Force shall adopt reasonable rules and regulations for carrying out all the functions and duties of the Task Force and governing its meetings. All reports and rewmmendations shall be made in writing. All officers and department heads of all agencies shall cooperate with and render reasonable assistance to the Task Force. -2- 7-9 ~n Functions and Duties It shall be the function of the Task Force to investigate, study and make recommendations to the City Cwncil and to each of the governing boards of each of the two members which are water providers ("Water Provider Members") concerning water related matters. The primary objective of the Task Force shall be to make recommendations with the goal of assuring an adequate and high quality supply of water for the residents of the region. The Task Force shall produce a report which provides objectives including but not limited to: (1) Water Quality (2) Water Reclamation Program {3) Water Conservation Program (4) Emergency Water Storage Supply (5) Water Pressure (6) Water Distrihufion ('~ Implication of Land Use Proposals on Water Supply 2. In addition to the above, the Task Force shall: A. Make recommendations as to how the City of Chula Vista and the Water Provider Members may become more proactive in state and regional water related issues. B. Make recommendadons as to how the City, the Water Provider Members, and the various water purveyors may integrate their long and short term master and general plans for development. Each Agency reserves the right to develop and implement its own Water Master Plan. However, this Task Force may review and comment on these Plans with the common goal that each such Plan should represent a coherent and complimentary water policy (relating to usage, storage, conservation, and enforcement) for the territory which is the subject matter of the combined jurisdiction of the City and the Water Provider Members. C. Make recommendations to the City Council and to the appropriate Water Boazds of the Water Provider Members as to the establishment of ordinances, policies and guideline manuals for the implementation of water conservation and other water related measures. -3- 7-10 D. Recommend the establishment, with implementation plans, of a new water use and conservation ethic and to recommend to the City and the Water Provider Members means for implementing same. E. Provide advice to the City in developing any water element or plan as part of its General Plan and/ar Growth Management Plan. F. Study and report, as requested, the impacts to the water systems of land use decisions. 3. Such other and further matters as have been or may, from time to time be, assigned to the Task Force by the City Council or Water Provider Members boards. Part III Meetines The Interagency Water Task Force shall schedule at least one regular meeting each quarter yeaz on the day and at the time and in the place that it shall designate by resolution and/or by bylaw and such special meetings as the Task Force may require. Part IV• Termination This agreement may be terminated by any party upon written notice authorized for issuance by its governing boazd. (End of Page. Next Page is Signature Page.) -4- 7-11 Signature Page to Chula Vista Interagency Water Task Force Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: March 22, 1991 CTTY O CHULA VISTA By: ,~~~ ~ce~..Q Leonazd M. Moore its Mayor Pm Tem Attest: rA Beverly thelet City C~k n as Bruce M. Boogaazd City Attorney Dated: Mazch 22, 1991 OTAY WATER DISTRICT /~ ~, By • .. Approved as to form By: 7 Dated: Mazch 22, 1991 i Approved as to f B Y SWEETWATER AU1TiORITY C By: ~~ ». i~, - -5- 7-12 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WIL BE FORMALLY SIGNED UP,bN APPR Ai.-B-Y-~ R. Googir ~ AtCOrney Dated: SECOND AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF 7-13 SECOND AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF This SECOND AMENDMENT is made and entered into as of 2011, by and among the City of Chula Vista ("City"), Otay Water District ("Otay"), and Sweetwater Authority ("Sweetwater"), in view of the following facts: WHEREAS, on February 26, 1991, by Resolution 16081, the Chula Vista City Council ("City Council") approved a Cooperative Agreement ("Agreement") between the City, Otay, and Sweetwater that formed the Chula Vista Ad Hoc Water Task Force for the purpose of studying water related issues facing the City and to make recommendations to the City Council and to the affected water agencies regarding water related matters; and WHEREAS, on March 22, 1991, the governing boards of Otay and Sweetwater also approved said Agreement; and WHEREAS, the First Amendment to this Agreement was entered into by the City (by Resolution No. 2007-049), Otay, and Sweetwater on April 1 1, 2006; and WHEREAS, the City, Otay and Sweetwater now desire to modify the conditions of the Agreement with respect to the schedule of meetings, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS: 1. The Agreement Part III: Meetings, shall be amended to read as follows: The Interagency Water Task Force shall meet as needed and as mutually agreed upon as agenda matters require on the day and at the time and in the place that it shall designate by resolution and/or by bylaw and such special meetings as the Task Force may require. 2. All other terms and conditions of the Agreements entered into on February 26, 1991 and April 11, 2006, as described above, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date written above. 7-14 Signature Page to the Second Amendment to the Cooperative Agreement Creating the Chula Vista Interagency Water Task Force Dated: CITY OF CHULA VISTA Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen Googins, City Attorney Dated: Manager Approved as to form: General Counsel Dated: Manager Approved as to form: Paula de Sousa, General Counsel OTAY WATER DISTRICT Mark Watton, General SWEETWATER AUTHORITY James L. Smyth, General 7-15 RESOLUTION NO. 201 I- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF WHEREAS, on February 26, 1991, by Resolution 16081, the Chula Vista City Council approved a Cooperative Agreement between the City of Chula Vista, the Otay Water District, and the Sweetwater Authority (collectively "Agencies"); and WHEREAS, on March 22, 1991, the governing boards of the Otay Water District and the Sweetwater Authority also approved the Cooperative Agreement, creating and establishing the functions and duties of the Interagency Water Task Force; and WHEREAS, on March 6, 2007, by Resolution by No. 2007-049, the City Council approved an amendment to the Cooperative Agreement related to the selection of a Vice Chairman, a Drought Management Program, a termination provision, the revision of meetings times, and clarification of certain language; and WHEREAS, the City, Otay and Sweetwater now desire to modify the conditions of the Agreement with respect to the schedule of meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby approves the second amendment to the Cooperative Agreement between the City of Chula Vista, the Otay Water District, and the Sweetwater Authority, which creat~ the Interagency Water Task Force. Presented by Appro}1ed,as to Richard A. Hopkins Director of Public Works R. Goog Attorney 7-16