HomeMy WebLinkAboutCC RESO 94-75RESOLUTION NO. 94-75
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO SIGN A LETTER OF INTENT
TO EXECUTE THE MEMORANDUM OF UNDERSTANDING, AND UPON
SATISFACTION OF CERTAIN CONDITIONS, TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING SETTING FORTH
AND RESOLVING FUNDAMENTAL POLICY ISSUES
INVOLVED IN THE TRANSFER OF THE METROPOLITAN
SEWERAGE SYSTEM TO THE SAN DIEGO AREA
WASTEWATER MANAGEMENT DISTRICT
WHEREAS, the statute creating the San Diego Area Wastewater
Management District (the "SDAWMD") became effective January 1, 1993, (Chapter 803
of the 1992 statutes, California Water Code Appendix, Section 113-101, et seq.) (the
"Act") and the SDAWMD has been duly formed, organized and is doing business; and
WHEREAS, the SDAWMD is comprised of the City of National City, the
City of Chula Vista, the City of Coronado, the City of El Cajon, the City of Imperial
Beach, the City of La Mesa, the Lemon Grove Sanitation District, the Spring Valley
Sanitation District (the "Participating Agencies"); the City of Del Mar, the
Lakeside/Alpine Sanitation Districts, the Otay Water District, the Padre Dam Municipal
Water District, the City of Poway, the County of San Diego on behalf of the Winter -
gardens Sewer Maintenance District, (the "Later Participating Agencies"); and the City
of San Diego; and
WHEREAS, Section 401 of the Act authorizes the SDAWMD to acquire
rights and assets, or assume obligations incurred, for the development and operation of
sewage treatment and related facilities; and
WHEREAS, the City of San Diego has legal title to operate a regional
sewage collection, treatment and disposal system serving the Greater San Diego
Metropolitan Area (the "Metro System") and has contracted with the Participating
Agencies and Later Participating Agencies, to provide for sewage collection, treatment
and disposal of their sewage pursuant to contract ("Sewage Disposal Agreements"); and
WHEREAS, with the exception of the City of El Cajon, the boundaries of
the SDAWMD include all or portions of the corporate areas of the City of San Diego and
the Participating Agencies and Later Participating Agencies; and
WHEREAS, the City of El Cajon intends to join the SDAWMD, and
legislation to effect a conforming change to the Act to allow the City of El Cajon to
become a member is being considered by the California State Legislature; and
Continued on Page Two
Resolution No. 94-75
Page 2 of 3
WHEREAS, the City of San Diego, the SDAWMD, and the Participating
Agencies and Later Participating Agencies are, subject to the resolution of certain issues,
prepared to agree to certain terms and conditions set forth in a Memorandum of
Understanding ("MOU") for the acquisition of the Metro System and bonded indebtedness
and transfer thereof from the City of San Diego to the SDAWMD (the "Transfer"), and
for the extinguishment of the City of San Diego's obligations pursuant to the Sewage
Disposal Agreements after the Transfer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to sign a letter of intent to execute
the Memorandum of Understanding Setting Forth and Resolving Fundamental Policy
Issues Involved in the Transfer of the Metropolitan Sewerage System to the San Diego
Area Wastewater Management District, with final execution of the MOU to occur upon
satisfaction of the following conditions:
A. That there be resolution of the following issues, to the satisfaction of
National City's representative on the Board of the San Diego Area Wastewater
Management District:
1. That the weighted vote structure as proposed by the
Oversight Committee be approved with the added provision that the City of
San Diego has the right to exercise a veto under the weighted vote
structure.
2. That the MOU terminate if the City of San Diego
withdraws from the District prior to the Transfer; the Participating Agencies
obligations thereafter, are based solely on their Sewage Disposal Agree-
ments.
3. That the financial audit of any Metro System financing
including Exhibits A and B to the MOU will be subject to the terms and
conditions of existing Sewage Disposal Agreements for arbitration.
4. That any payment obligations of the SanDistrict for
Mexican Sewage treatment and disposal be subordinate to current and long
term obligations for capital improvements, operations and maintenance.
Continued on Page Three
Resolution 94-75
Page 3 of 3
B. That Subsections 3 and 4 of Section III.D. of the MOU be deleted,
and the following language substituted in their place:
Nothing stated herein creates any affirmative duty or obliga-
tion on behalf of any signatory hereto to treat or transmit
Mexican sewage flows crossing the international border into
San Diego County. Any sewage crossing the international
border which is transmitted, treated, or disposed in the Metro
System shall be considered a SDAWMD flow payable by the
Federal Government rather than allocable to the City of San
Diego, or any Participating Agency or Later Participating
Agency.
BE IT FURTHER RESOLVED that the aforementioned letter of intent shall
be delivered to the City of San Diego before 5:00 p.m. on June 20, 1994.
BE IT FURTHER RESOLVED that the MOU shall be executed, after
satisfaction of the above -described conditions, before 5:00 p.m. on June 30, 1994.
PASSED and ADOPTED this 20th day of June, 1994.
George H. aters
Ma
yor
g
ATTEST:
Lori Anne Peoples
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney