HomeMy WebLinkAboutR-11137 authorizing the City Manager to enter (15)R 11137
RESOLUTION NO. 11137 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS WITH THE BOARD OF TRUSTEES OF
THE CALIFORNIA STATE UNIVERSITY FOR WATER AND
WASTEWATER SERVICE TO CALIFORNIA STATE UNIVERSITY, SAN
LUIS OBISPO
WHEREAS, the City of San Luis Obispo has historically provided water and wastewater
service to California Polytechnic State University, San Luis Obispo (University); and
WHEREAS, the City of San Luis Obispo participated with the University on the
construction of Whale Rock Reservoir in the 1960s and continues its partnership with the
University on the Whale Rock Commission for reservoir operations; and
WHEREAS, on June 6, 2012 the City of San Luis Obispo and the University entered into
the current agreement on water and sewer rates (2012 Agreement); and
WHEREAS, on April 3, 2020 the City of San Luis Obispo and University entered into a
Memorandum of Understanding related to the University’s 2035 Master Plan noting certain
objectives to be addressed via amendments to existing agreements or establishment of new
agreements; and
WHEREAS, the City of San Luis Obispo has prepared a draft 2020 Water and Sewer Rate
Agreement (Exhibit A) as an update to the 2012 Agreement; and
WHEREAS, the City of San Luis Obispo has prepared a draft 2020 Capacity Interest
Agreement (Exhibit B) identifying the University’s contribution to upgrades at the City’s Water
Treatment Plant and Water Resource Recovery Facility to maintain a capacity interest in those
City facilities; and
WHEREAS, the City of San Luis Obispo has prepared a draft 2020 Capacity
Memorandum of Understanding (Exhibit C) as an update to the 2007 Capacity Memorandum of
Understanding to provide greater clarity on water and wastewater service terms.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Manager is hereby authorized and designated to sign, for and on
behalf of City of San Luis Obispo, the 2020 Rate Agreement, 2020 Capacity Interest Agreement,
the 2020 Capacity MOU, and any amendments thereto.
SECTION 2. The Director of Utilities, or designee, is hereby authorized and designated
to represent the City of San Luis Obispo in carrying out the City's responsibilities under the
agreements on behalf of City of San Luis Obispo and compliance with applicable state and federal
laws.
R 11137
SECTION 3. Any and all actions, whether previously or subsequently taken by City of
San Luis Obispo, which are consistent with the intent and purposes of the foregoing resolution,
shall be, and hereby are, in all respects, ratified, approved and confirmed.
SECTION 4. Environmental Review. Modification of rates by public agencies is
statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15273
of the Public Resources Code because the change in fees is not intended to fund expansion of
capital projects not otherwise evaluated under CEQA. Capital projects identified in the draft 2020
Capacity Interest Agreement and draft 2020 Capacity Memorandum of Understanding were
subject to prior environmental review. No additional environmental review is required for this
item.
Upon motion of Council Member Pease, seconded by Vice Mayor Gomez, and on the
following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of June 2020.
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
Teresa Purrington, City Clerk