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HomeMy WebLinkAboutReso 1976-8451Form No. 342 .' Rev, 2/76 RESOLUTION N0. 8451 RESOLUTION OF THE CITY COUNCIL OF fi3iE CI-"PY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT TRANS- FERRING 1~~ETRO CAPACITY RESERVATION TO SPRING VALLEY SANITATION DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE SPRING VALLEY SANITATION DISTRICT, transferring Metro capacity reservation to Spring Valley Sanitation District dated the 21st day of December 19 76 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by L''a~ • L9, J, Robens, Director of Public Works Approved as,t~ ~~rm by ~. ~'' J ' ~4-~_~ ~ ,~ ~~ ~~; ~ ~'-- t.Y ~ ,; !% /% George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21st day of December , 19~_, by AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Eadahl NAYES: Councilmen None AT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA VISTA) I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk - _ - ~Ok,~GINAI; A ' AC,i=?I;1/I~i{•"::`_ FC~R i'R~:i~TSI~ ~:R 0~' CE~.i'ACITY ZIGII`iS IiJ St1I DIEGO i?EiI?0~'Ui,'iAI~I SES~:FRAGi/ SYS`iE~i THIS AGRELi>_E?~IT, made and entered into this 21~t day of Decelnre~' 1976, by and bettireel~ the CITY OF ChUI,A VISTA, a rrunic~_pal corporation, hereincfter sometimes referred to as "City", and the SI'RIivG VALLEY SAi~ITATIO;I DISTRICT, a county sanitation dis- trice, hereinafter sometimes referred to as "Distr.ict", ;~i Y ^1 i~1 E S S E T lI: laI1EP,FAS, City entered into an agreement with the City of San D'LO~;G er_t.:i_t]_ed "Sewage Disposal Agreement of 19G0" dated i•13rch 1, l~~ a first. a~aendment to said agreement dated August 1, 19E2, t~rhereby Cit 2p;reed to lease from the City of San Diego a total of 22.10 million gallons per clay of capacity in the San Diego x•letropo]_itan ~'er:crUl;e System, and to pay for said capacity in accordance ti~rith t.h~~ terms of the agrec,:ent as amended; and :~7HERF.AS, it: was intended by the City of Chula Vista that said 22.10 m~_].]. i~~n I;allor~ per clay of c~.pacity wou'~? serve territory noYr vritl~rin the City of Chula Vista and additiana]_ unincorporated territor adjacent thereto, including the unincorporated area ir. 'che S~.reeti,at~~ ~ R`~.ver drainage -basin designated 85 Arca 2 Gn brio i"ap Si;Ci'::~i:~ Su'r~c~..r~ study aree. and study zones cont~:ined in the "Report on Col].ectian, `i'reatrnent ~~nc? D; spesal of Sewage and Industria]_ ;~;aste, Chula Vista, C41.ifox~nia", dated Apr~_1 15, 1959, prepared b~~ Eng:ineering Science, Inc. , a copy of c~rhich is on file in the office of tl:e C]_er1; of the C~ of Chula Vista. and ti~rhich said base leap shoi~;ing Area 2 is ir.corporat~ herein as Frhibit l; a.nd ~~L ~ .:~ FILED, _ ~~: +'+ RK a WFIEP.EAS the District has constructed an outfall se~•~er line extending fxom Spring Valley to a point in the vicinity of the i•iontgome (Y-5} Freeway as shown in the drawing entitled "Engineering Division, Department of Public Works, County of San Diego, Spring Valley Sanita- tior~ District Outfall Sec•:er" dated May 16, 1961; and tti'~-iEREA5 portions of the said outfall sewer are located within the incorporated area of the City of Chula Vista and portions are with: unincorporated territory; and ~ti'T-iERE1~5 District requested consent of the City of Chula Vista fc the construction, operation and maintenance of said outfall sewer; and ~•JFiEREAS District entered into an agreement with City dated February 13, 1962, whereby District agreed that the said outfall se~•~e~r would not be used to serve any portion of the territory of the S~:eet- water River drainage basin designated as Area 2 on Exhibit 1, unless such portion had become a part of some municipal corporation, public agency or district that had acquired from the City of Chula Vista capacity rights in the San Diego Metropolitan Sewerage System for such portion, or the City of Chula Vista had otherwise consented thereto; provided, However, that the City of Chula Vista would sell its capacit rights in the San Diego 2.letropolitan Sewerage System for such portion any other municipal corporation, public ageizcy or district that includ such portion, the sales price of such capacity rights to be the cost thereof to the City of Chula Vista, plus ten percent (lOz); and WHEREAS certain property within said Area 2 has been annexed tc District; and WHEREAS District has boon leasing capacity in the Metropolitan Set•rerage System from City to serve portions of sai-d Area 2 annexed to District; and WIiERF:AS, said leasing of capacity has been the subject of previous agreements between the parties hereto; and WHEREAS it is desired that those agreements dated October 23, 1967, January 15, 1968, June 17, 1969 and Piay 28, 1971 will be replaces by this agreement, which is intended to provide District with adequate capacity to furnish sewer service to properties within the aforesaid Area 2; and Y7HEREAS, it is intended that supplemental transfers of capacity rights wi.11 be the subjects of additional agreements wheiz the need for such transfers arises. NOW THEREFORE, it is agreed by and between District and City as follo~•rs 1. The City of Chula Vista hereby agrees to transfer to the Spring Valley Sanitation District one million ga]_lons per day of capacity in the San Diego Metropolitan Sewerage System out of the 22.10 million gallons per day of capacity which the City of Chula Vista leas agreed to lease from the City of San Diego under the aforementioned Se~aage Disposal Agreement of 196( as amended, provided that such transfer is consented to by the City of San Diego and any other participating agency whose cons to such transfer is required by the said Sewage Disposal Agree- ment of 1960. 2. City agrees to eyecute a modification of the aforementio~ Sewage Disi~osal Agreement of 1960 as amended whereby the said 22.10 million gallons per day of capacity specified in said agreement to be leased by City will be reduced by one million gallons per day to 21,10 million gallons per day, and further agrees that the City of San Diego may lease said one million gallons per day to the Spring Valloy Sanitation District upon substantially the same terms and conditions as are set forth in said Sewage Disposal 1greement of 1960, 3, City and District Hereby request the City of San Diego to prepare the appropriate modification to the Sewage Disposal Agreement of 1:960 for execution by the City of Chula Vista, and to prepare an appropriate modification of the Sewage Disposal Agreement of 1960 for execution by the Spring Valley Sanitation District vrhereby said District will lease from the City of_ San Diego seven million gallons per day of capacity upon substantia the same terms and conditions as set forth in said Sewage Dispo Agreement of 1960. 4. It is agreed that in consideration of the transfer by the City of Chula Vista to Spring Valley Sanitation District of one million gallons per day capacity in the retropolitan Se~•rera System, the District shall assume that portion of the payments and obligations of the City of Chula Vista relating to the sair or,e million gallons per day capacity. 5. In addition, the Spring Valley Sanitation District agree to reimburse the City of Chula Vista its total actual cost and expense relating to the said one million gallons per day capaci plus ten percent (100). City's annual actual cost per million gallons capacity is agreed to be $11,524 for purposes of this agreement. Said acts GOSt per year is determined by dividing Chula Vista's actual annual cash payment to the City of San Diego by Chula ~~ista's reserved capacity in the Metropolitan Sewerage Syster.~. The sales price of such once million gal.lan per day c.apacii shall be determined by: 1. ?4ultip.lying the Chula Vista annua: ,;~ _5_ r -- , actual cost ($11,524} by the number of payments mmade from February 1, 1964 to the effective date of this agreement and; 2. Adding ten percent of such product. 6. Chula Va.sta agrees that the sum of all monies previously paid by the Spring Valley Sanitation District to the City of Chula Vista for lease of capacity rights in the rietropolitan Sewerage System, from the City of Chula Vista, to serve certain property in said Area 2 annexed to the Spring Valley Sanitation District, shall be subtracted from the amount determined~in Section 5 above and the remaining amount shall be the total reimbursement due the City of Chula Vista from the Spring Valley Sanitation District for said one rmillion gallons per day capacity in the tietropolitan Sewerage System. Said sums of monies shall be determined immediately prior to final execution of this agreement. (Computations per Exhibit III) 7. Payment in full of all amounts due Chula Vista under this agreement shall be paid by District within a period of ninety days following final execution of this agreement. 8. Attached hereto and made a part hereof is Exhibit III showing the determination of the estimated reimbursement due the City of Chula Vista from the Spring Valley Sanitation District for one million gallons per day capacity in the Metro- politan Sewerage System. Actual reimbursement shall be deter- mined immediately prior. to final execution of this agreement. 9. District agrees to provide Caty with one copy of each final annexation p]_at for territory annexed by District within /-~ said Area 2 as shown on Exhibit I. These maps shall be addressed to City's Director of Public works and shall be provided promptly upon the conclusion of annexation proceedings for each such territory. 10. It is mutually understood and agreed that upon final execution of this agreement all provisions of aforementioned agreements dated October 23, 1967; January 15, 1968; June 17, T969; and r'Iay 28, 1971 which require the annual payrlent by the District of fourteen dollars per acre for territory within said Area 2 being served by District shall be void. 11. This agreement shall be effective immediately upon execution by the parties hereto. IN ~^IITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. City of Chula Vista ~ , i .~ 7 Spri g Valley Sanitation Distric APPROVc~ ~'Y THE D15"tRICf BOARS CF DIRECTORS By acj 2-~~9~a ~3 .. ... .: o. t;-c EON of 4irw.1~r.b CLERK CF TH'E CI;1RICt BDARD OF DIREGIORS APPROVED AS TO fCf'?.1 AND LEGALCfY COU(!;'I COJ;iSEI DEPJ~Y 1 1 .. - •- ~ 1 ~~, d ~~ . The City of San Diego has determined that the transfer of capacit; service with 47h1Ch this agreement is concerned will not unbalance the Metropolitan Sewerage System to the detriment of any participating agency and hereby consents to the foregoing agreement for transfer of capacity rights from the City of Chula Vista to the Spring Valley Sanitation --•.._ District. ~ ./ . .Dated this `(~ day of ~,~i~-~~ ~ . 19~• City f San Diego By al ASSISTANT TO THE CITY MANA ,EW ~~3~646 J is i~~ ~ ~ X79 ~ ~ .. r 1 ~d ~ ~ 1~~~~ ~~ - 7~~~' `~ ~'`` 1 `~ '^` j-... to ~ ~,...~ G ` [D Cn ~~ ° . .. ., ~ ~ .1. ~ • ~ ~,• l ~~ ' ~ V ` ~. ,- ~ a ,r ~\ ,~ ~~ . ~ 6 ,. 'ys ~ ~ ~ c ~ ~ r ~l ~ % ~ ~ ~~ - ~ o / ; ~; i J. C ~. •. .. u 4 1 ` ~ ` ~~ ~y ~ _ v 77 .+1 f o ~ ~-,~ L, 1 ~ ~ ~ ` _ ~ \ X11 Oq~JC~ J '~ -`~y -.Ll ~,~~ V tt ...~ ~. ^ i ~ ..i \ `/ it ~ `~'^ "~ ~~Y• ~^. ., ~~ ` V ~"~-.~ ~~ mil/ ~'. , ..r r. 'l 1 ~ ~,:r f~ li ~' ~ I _ (Y '..i` ~'' Fir /'~ ~1 _ 1 L ' 1 • ~• C C~ „ . ` ~ ~ . {~ i • 1 EXHIBIT II ;~; PROPOSED REVISED CAPACITY SERVICE CHARGES Participating Agency ,. M.G.D. ~ of Total Total llmount Annual Amount Total Fed. Grant Credit Annual Reduction , Reduced Annual Amt. Chula Vista 21.10 9,02017 $10,210,996 $:. 255,275 $ 250,882 $ 12,706 $ 242,569 - Spring Valley - _~. Sanitation List. 7.00 2.99247 3,387,531 84,688 250,882 12,707 71,981 Other Agencies 37.20 •15,90289 18,002,363 450,059 1,393,694 70,657 379,402 ~'otal of the Other F~gendies 65.30 27.91553 31,600,890 ?90,022 1,895,458 96,070. 693,952 City of San Diego 168.62 72.08447 81,600,937 2,040,024 250,882 12,708 2,027,316 . Total Design Cap. and Exp. 233.92 100.00000 ].13,201,827 2,830,046 .2,146,340 108,778 2,721,268 ~~ 1;0. 3 Spring V~li~ey '- TUESDAY, OCTO~?:F. 24, 1978 RESOI.UTIO\ P:O. 3 `- fiESOLUTIO`1 OF Ttlli IiO~\RU OF DIRL-C~'0[?5 OF TIIF. S['I:I\G VALLEY SE1:\ITATIO~ DISTRICT, f1F'P[t0~'Ir:G AGI'.F.Fai[:\T 17ET1';EEr: TILE CITY OF C1iULA VISTA AND T1IF SPI;I;~G VALLEY SA,\IT~\TIO`: DISTRICT T['~A.\SFFRRI`G PIETf.O C:\}','1CITY RE:SI:P,- VATION TO SPRIG Vt\LLEY SAVIT~\TION DISTRICT. Qn Motion of Director H e d sec oe k seconded by Director _Na~~ 1 ton- the following resolution is adopted. NOI'1, THEREFORE, BE IT RESOLVED that that certai~l agreement bet~ceen TfIE CITY OF CIiULA VISTA, a municipal corporation, and TILE SPRING VALLEY SAKI-- TATION DISTRICT, transferring Afetro capacity xeservation to Spring Valley Sanitation District c}ated the 21st of December t 19 76, a capy of which is attached hereto and incorporated herein, the sane as though fully set forth herein, and the same is hereby approved. PASSED AIvD ADOPTED by the Board of Directors of the Spring Valley Sanitation District, County of San Diego, State of California, this 24thday of October, 1978, by the following vote: AYES: Directors NOES: Directors ASSENT: Directors STATE OF CALIFOFt,~IIA ) ss. ('~>>;ity of San Diego ) Hamilton, Hedgecoc~-., Bates and Taylor None 2-ioore I, Porter D. C= ~~~ns , Clerk of the Board of Directors or the Spring Valley Sanitation District, County of San Diego, State of California, hereby certify that I have co-pared the foregoing copy with the original resolution passed and adopted by- sa_d Board, at a regular meeting t~iereof, at the time and by the vote them .r. stated, which original resolution is nola on file in my office; that the same contains a full, true and correct transcript therefrom of the whole thereof. . Witness my-hand and the seal of said Sanitation District, this 24th day of October, 1978. Clerk of the Board of Directors of said Sanitation District (SEAL) By eatrice i-Iitchell Dc~~uty Approved as to fore and legality County Counsel . •. _ ~ f EY ~ r~ / i ?C~/LL'L F~ ~~ RESOLUTION No. ~•~~~~~~ Adopted on BE IT RESOLVED, by the Council of The City of San Diego as follows: ~R_79-1778 J u~~ ~~ 1~i9 That the City Manager be and he is hereby authorized to approve an agreement between the CITY OF CHULA VISTA and the SPRING VALLEY SANITATION DISTRICT for the transfer of one .million gallons per day capacity rights in the Metro- politan Sewerage System from the City of Chula Vista to the Spring Valley Sanitation District, under the terms and con- ditions set forth in a copy of the agreement on file in the office of the City Clerk as Document No, '7~~`7-~~-Y% APPROVED: JOHN W. WITT, City Attorney C. M. Fitzpatrick Senior/Chief Deputy CMF:v1:453 3/12/79 Or. Dept.: Water Util. .,~ ., ~_., ,, ,F, *. , - --~ ~ Passed and adopted by the Council of The City of San Diego on June ~ ~ 979 ~ __, by the following vote: YEAS : Mitchell 0' Connor T,owerv_ ~ Stirlin Killea a NAYS : None NOT PRESENT: Gade AUTHENTICATED BY: PETE WILSON, Nlayor of The City of San Diego, California. CH~~RLES G. A$DELNOUR City Clerk of The City of San Diego, California. (SEAL) gy Hazel Lym1 Holman , Deputy. I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. passed and adopted by the Council of The City of San Diego, California, on ~JU`•i ~t ~~~~ CHARLES G. ABUELNOUR City Clerk of The City of San Diego, California. (SEAL) Deputy. gy , (Rev. 12/78_) ca ~OCUMEnT no._ 766717 -- ~~ ED __ Ju1~ 91__1979 ~ t. _ OFFICE OF THE UTY CtERK SAN DIEGO, CAUFORn1A (Contr- Sewers, Met. Sewer System, Miscl.) Agree betty City of Chula Vista & the Spring Valley Sanitation District for transfer of one million gal Ions per day capacity rights. R-223646 6/4/79 cc: i~Auditor - 7c Mater Utilities - Erica Streuer - 401 ~~'~' ~ ~~ ~~~ EXHIBIT III Chula Vista's Annual. Reduced Amount = $254,667 Chula Vista's Reserved Capacity = 22.10 MGD Chula Vista's Number of Payments February 1, 1964 - February 1, 1976 Inclusive = 13 payments Annual actual cost per MGD $254,667 - 22.10 = $11,524 Chula Vista's total actual cost per MGD $11.,524 x 13 years = $149,812.00 loo Surcharge = 14,981.20 Chula Vista's sales price per MGD = $164,793.20 PAYMENTS TO CHULA VISTA 1.' Robinhood Homes, Inc. 6/67 868.18 " 4/2/70 213.64 " 10/70 213.64 " 3/71 213.64 2. McMillin Annexation 4/2/70 3,149.40 " 3/71 506.80 3. Frisbie Street Annexation 5/10/71 17,266.89 4. McMillin's Bonita Glen #1 5/10/71 4,60.9.16 5. McMillin's Bonita 5/10/71 478.50 6. Glen Abbey 2/7/74 7,444.44 7. McMillin's Bonita Highlands 5/8/74 45,591.68 Subtotal #1 801555.97 8. Koenig Ser-~ice Area 2/7/74 2,786.18 9. Koivisto Service Area 2/7/74 76.25 10. Clements Service Area _0_ 11. Browne Service Area 2/7/74 241.26 12. Crocker Service Area 5/76 152.50 13. Johnson Service Area 254.49 14. Ginther Service Area $1.80 15. Clements Service Area 110.89 16. Annual Payment 3/29/72 4,317.74 17. Annual Payment 2/14/73 4,317.74 18. Annual Payment 1/31/74 10,301.29 19. Annual Payment 2/4/74 146.40 20. Annual Payment 4/16/75 10,464.82 21. VIA Invoice 5/76 10,464.82 22. Refund from Chula Vista 5/76 (274.79) Subtotal #2 43,441.39 Total 123,997.36 Bala nce Due Chula Vista 40,795.84 EXHIBIT 3