The URL can be used to link to this page

Home My WebLink AboutReso 1972-6648Form No. 342 Rev. 9-71 RESOLUTION NO. ~~aR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO RELATED TO SWEETWATER RIVER FLOOD CONTROL PROJECT COST DISTRIBUTION 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 COUNTY OF SAN DIEGO, related to the Sweetwater River Flood Control Project cost distribution dated the 31st day of October , 19 72 , 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 Approved as to form by ~~ ~~~-~ c~ ~, Lane F. Cole, Director-of Public George D. indberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 31st day of October 1972 by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES : Councilmen None ABSENT: Councilmen None ~~ ~~ ~Y ayor of the City of Chula Vi to ATTEST ? ~ > City Clerk 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 < .. COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA THIS AGREEMENT, entered into this 31st day of October ~ 1972 by and between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and the CITY OF CHULA VISTA, hereinafter referred to as CITY is made pursuant to authority of Chapter 5, Article 1 (commencing with Section 6500) of the California Government Code (Joint Powers Agreement): _ W I T N E S S E T H: • WHEREAS, the United States Government has, under authority of Public Law 90-483, approved August 13, 1968, undertaken design and cons- truction of a flood control project in San Oiego County, California, known as the Sweetwater River Flood Control Channel, Bonita Mesa Road to San Diego Bay, hereinafter referred to as "Project," and WHEREAS, on April 20, 1965 County adopted Resolution No. 60 agreeing to act as the sponsoring agency representing local interests, including the City, in giving the assurances of cooperation required by the United States Government in support of "Project" and the assumption of certain designated obligations; including providing, without cost to the United States, of all necessary rights-of-way; performing all necessary construction, modification or relocation of highways (including bridges), utilities, and irrigation and drainage facilities required in connection with "Project"; and maintaining and operating "Project" in accordance with regulations to be prescribed by the Secretary of the Army; and -~~~~ WHEREAS, the proposed location of the flood control channel is along the alignment adopted by the California Highway Commission for construction of State Route 54 Freeway including interchanges for Interstate Routes 5 and 805, and WHEREAS, an agreement will be negotiated between the State of California, Division of Highways, hereinafter referred to as "Highways," and the United States Army Corps of Engineers to cover construction of aforesaid State Route 54 and "Project" under one contract administered by "Highways," and WHEREAS, County will acquire certain rights-of-way necessary for con- struction of "Project", and WHEREAS, "Highways" will relocate and reconstruct or arrange for the relocation and reconstruction of existing streets, bridges, utilities, and irriga- tion and drainage faci 1 i ti es made necessary by 'the construction of the joint flood control and highway project, and WHEREAS, County will negotiate an agreement with "Highways" concerning t the reimbursement to "Highways" of cost for the relocation and reconstruction of existing streets, bridges, uti 1 i ti es, and irrigation and drainage faci 1 i ti es located within the limits of "Project" at an estimated local cost of $2,800,000; and ~ 1 WHEREAS, State of California, Department of Water Resources, hereinafter referred tows "OWR", will make reimbursement for all necessary rights-of-way; and for all costs in the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage f~.;ilities within the limits of the "Project" right-of-way, except for rights-of-way not necessary for "Project" or for any excesses of equivalent replacement over the existing facilities, such excesses considered betterments, and -? 4 i:1 `~~ WHEREAS, any rights-of-way not necessary for "Project" or any modifications other than equivalent replacement of streets, bridges, utilities, and irrigation and drainage facilities under the City's jurisdiction required solely due to the construction of "Project" are considered betterments and Lherefore the responsibility of the City to the County as Administrator of "Project," and WHEREAS, on April 6, 1965, City adopted Resolution Number 3668 whereby it requested County to give the assurances required by the United States to provide the local cooperation necessary for the construction of the project, and further, agreed to make payment to County for those non- reimbursable costs, considered betterments, in the reconstruction of streets, bridges, utilities, and irrigation and drainage facilities, NO-W, THEREFORE, it is agreed as follows: SECTION I L COUNTY AGREES: 1. To acquire all necessary rights-of-way and relocate utilities for ' "Project" not covered by Cooperative Agreement between the County and "Highways," dated Piarch 17, Ig70. 2. To prepare plans and specifications for relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of "Project" and not covered by' the aforementioned Cooperative Agreement between the County and "Highways" covering construction and maintenance of bridges. ____ __ -3- 3. To cause to be constructed the aforesaid relocation and reconstruction. ~+. To bear any nonreimbursable costs for aforesaid rights-of-way, relocation and reconstruction within the unincorporated area of the County. S. To make all necessary negotiations and agreements with the United States Government for the maintenance of "project" including the flood control channel and appurtenances within the flood control channel right-of-way. b. To furnish the City prior to April 1 of each year an estimate of its share of maintenance costs for the subsequent fiscal year for all improvements other than channel crossing structures, lying within "Project" right-of-way. SECTION II CITY AGREES: 1. To bear that share of the rights-of-way costs within the City limits l of Chula Vista that are determined to be nonreimbursable by "DWR". 2. To bear that share of costs for relocation and reconstruction of existing streets, bridges, utilities and irrigation and drainage facilities within the City limits of Chula Vista that are determined to be nonreimbursable by "OWR" . 3. City shall pay to the County 30% of the cost of maintaining all improvements other than aforementioned channel crossing structures, lying within the flood control channel right-of-way. -4- --~ ~ , ?i 4. City shall deposit with the County prior to July 15 each year City's share of the aforementioned maintenance cost. It is understood that in the event actual costs exceed the amount of the deposit, that City will pay the difference between the deposit and the actual cost of City's share. In the event the actual cost is less than the deposit, County will refund to City the difference between the actual cost and the amount of said deposit. In any case a detailed audit will be supplied City upon request. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED; 1. The determinations of "DWR" concerning reimbursability will be binding on all parties to this Agreement. 2. That neither County nor any officer or employee thereof shall be ~ responsible for any damages or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold County harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. $. That neither City nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or _~ ~1 ~ J,` ,'~,~j , ~~ omitted to be done by County under or in connection with any work, t authority or jurisdiction not delegated to City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, County shall fully indemnify and hold City harmless for any liability imposed for injury (as defined by Government Code Section 810.$) occurring by reason of anything done or omitted to be done by County under or in connection with any work authority or jurisdiction not delegated to City under this Agreement. That the provisions of this Agreement and its execution shall not be effective or binding upon City unless other related agreements essential to completion of the project are duly executed by County with the agencies listed below: 4. AGENCY City of National City TYPE OF AGREEMENT Bridge Reconstruction and Channel Maintenance Port District State of California, Division of Highways Channel Maintenance Bridge Reconstruction and Maintenance 5. In the event of any changes in the boundaries of the unincorporated area, the City of Chula Vista or the City of National City, the percentage of channel maintenance costs stated in Section II-3 will be adjusted to reflect such changes. -6- .~ ` _~ , ,,~ IN WITNESS WHEREOF, 'the parties hereto have caused this Agreement to be executed by their properly authorized officials. COUNTY OF SAN DIEGO ATTEST By r~~~ r.~.`, -. ~c,~ ~:.rL ~.. PORTER CREMANS %'Chairman Bcsard of Supervisors• Cierk, Board of Supervisors ~'1'~ ~ - ~ _ ,.-~ ~ Deputy CITY OF CHULA VISTA ATTEST ,---~ • Deputy B ~ ~?~ ~ ~ -City Clerk '~~~ Tit 1 e MAYOR By~ ,~. ~ - v ~--~ s Date October 31, ~,9Z2 , _ `, c. _ APPROVED AS TO FORM; • ~ 61 ~:' .a :... ~ ~ ~ -.. l County Counsel ..Deputy • .. ~~ ~ ~~ i ty Attorney 7- __