HomeMy WebLinkAboutReso 2011-155RESOLUTION NO. 2011-155
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT FOR PAYMENT OF COSTS TO RELOCATE
SWEETWATER AUTHORITY FACILITIES BY AND
BETWEEN SWEETWATER AUTHORITY AND THE CITY OF
CHULA VISTA, CALIFORNIA (THIRD AVENUE
BEAUTIFICATION FROM "E" TO "H" STREET)
WHEREAS, the City of Chula Vista ("City") is constructing improvements to Third
Avenue from "E" to "H" Street; such improvements include, but are not limited to, roadway
widening, construction of curb, gutter, sidewalk, and median islands, relocation of utilities, and
reconfiguration and new installation of traffic signals and street lighting ("City Improvements");
and
WHEREAS, Sweetwater Authority (Authority) will approve, within its Fiscal Yeaz
2011/2012 Budget, the relocation of certain water facilities ("Authority Facilities") within the
City of Chula Vista; and
WHEREAS, the construction of Authority Facilities concurrently with City
Improvements would constitute a substantial benefit to Authority and the City, which benefits
include, but are not limited to, reductions or savings in teens of time, money, construction
hazards, and traffic impacts; and
WHEREAS, in order to achieve such benefits, Authority desires that the City incorporate
the construction and installation of Authority Facilities into the City's construction documents
and contract for City Improvements; and
WHEREAS, City is willing to do so, provided Authority submits complete plans and
specifications for said Authority Facilities and agrees to reimburse the City for its share of the
associated costs; and
WHEREAS, City and Authority's predecessor-in-interest, California Water and
Telephone Company, entered to an agreement dated September 8, 1953 ("1953 Agreement"),
and approved by City Council Resolution No. 1464, regazding the relocation of Authority
Facilities necessitated by the construction of public improvements by the City within public
streets; and
WHEREAS, said 1953 Agreement provides for an approximately equal sharing of costs
by the City and Authority for relocation of Authority Facilities by Authority and establishes the
basis of payment by City of its share of those costs to Authority; and
WHEREAS, said 1953 Agreement does not provide for reimbursement by Authority for
City relocation and rearrangement of Authority Facilities; and
Resolution No. 2011-155
Page 2
WHEREAS, Authority is authorized, pursuant to applicable laws, to contract and to pay
for its share of the cost of the relocation of any Authority Facilities or other improvements
required by Authority in connection with Authority service; and
WHEREAS, the agreement provides a mechanism by which the City may contract for,
and be reimbursed by Authority for, the relocation of Authority Facilities in conflict with the
City's streetscape improvement within Third Avenue, between "E" and "H" Streets; and
WHEREAS, the agreement requires that Authority place a deposit with the City equal to
110% of Authority's share of costs prior to the start of construction; and
WHEREAS, Authority's deposit will be used to repay the City for progress payments
paid to the contractor on behalf of Authority on a monthly basis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Reimbursement Agreement for payment of costs to relocate
Sweetwater Authority facilities by and between Sweetwater Authority and the City of Chula
Vista, California (Third Avenue Beautification from "E" to "H" Street.)
Presented by Approved as to form by
Richard . Ho in Gle R: Googins
Director of Publi orks City ey
Resolution No. 2011-155
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of August 20l 1 by the following vote:
AYES: Councilmembers: Aguilar, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
I
Cheryl Cox, 1\ yor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-155 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of August 2011.
Executed this 9th day of August 2011.
Donna R. Norris, CMC, City Clerk