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Res 99-079RESOLUTION NO. 99- 079 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING AN AMENDMENT TO THE REGIONAL WASTEWATER DISPOSAL AGREEMENT TO INCLUDE THE EAST OTAY MESA SEWER MAINTENANCE DISTRICT AS A PARTICIPATING AGENCY WHEREAS, the City of San Diego and each of the participating agencies are autonomous jurisdictions with authority to provide and contract for wastewater conveyance, treatment, and disposal services; and WHEREAS, the participating agencies have approved a Regional Wastewater Disposal Agreement dated May 18, 1998, which, among other provisions, provides for certain contract capacity rights in the Metropolitan Sewerage System (Metro); and WHEREAS, on June 16, 1999, the San Diego County Board of Supervisors approved the establishment of the East Otay Mesa Sewer Maintenance District (EOMSMD) to provide for sewage collection and conveyance services for the developing unincorporated area of East Otay Mesa; and WHEREAS, on September 17, 1991, the Board of Supervisors, acting as the Board of Directors of the Spring Valley Sanitation District (SVSD), approved an agreement between the SVSD and the City of National City for the purchase of 1.0 million gallons per day (mgd) of Metropolitan Sewerage System (METRO) capacity; and WHEREAS, the SVSD has retained this 1.0 mgd of acquired mgd of additional capacity in reserve for its eventual transfer to the EOMSMD upon completion of the District formation process; and WHEREAS, the Region XIV, General B, provides that to the Agreement; and WHEREAS, the EOMS WHEREAS, the SVSD, mgd of capacity to the EOMS~ pursuant to Exhibit B, Contrac Agreement. 31Wastewater Disposal Agreement, pursuant to Section ill participating agencies shall approve any amendments ,,1D wishes to become a new participating agency; and upon approval by the City of San Diego, will transfer 1.0 /ID, said contract capacity defined as 10.978 mgd Capacities, of the Regional Wastewater Disposal NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway as follows: Resolution 99- 079 Page 2 Section 1. An amendment to the Regional Wastewater Disposal Agreement to include the East Otay Mesa Sewer Maintenance District as a Participating Agency is hereby approved. Section 2. The attached Exhibits B (Contract Capacities) and C (Annual Capacity Charges) are also amended to reflect the 1.0 mgd contract capacity and capacity charges to be applied to the East Otay Mesa Sewer Maintenance District. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of October 1999. ATTEST: "[or) Peoples, City Clerk Micha~ STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 - 079 was duly adopted by the City Council at a regular meeting of said City Council held on the 5th day of October 1999, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY L~ri Peoples, 'City Clerk