HomeMy WebLinkAboutReso 1987-13359 RESOLUTION NO. 13~59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BONITA LONG CANYON PARTNERSHIP, AND THE STATE
DEPARTMENT OF FISH AND GAME PROVIDING FOR MAINTENANCE OF
CERTAIN CHANNEL IMPROVEMENTS IN LONG CANYON
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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and BONITA LONG
CANYON PARTNERSHIP and THE STATE DEPARTMENT OF FISH AND GAME,
providing for maintenance of certain channel improvements in
Long Canyon
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
hn P ' ' ' < Attorney ~
ic Works r .'T~omas J. ~a~ron, City
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of. November
19 87 , by the following vote, to-wit:
AYES: C0unci]members Malcolm~ McCandliss, Moore, Nader
NAYES: Councilmembers None
ABSTAIN: Counci lmembers cox
ABSENT: Counci lmembers None
~ Vista
ATTEST ~----¢~ ~'
V City Cleri ' ~
SLATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13359 ,and that the same has not been amended or repealed
DATED
City Clerk
CHUI.A ¥1 A
CC-660
AGREEMENT FOR CHANNEL MAINTENANCE
BETWEEN THE CITY OF CHULAVISTAr BONITA LONG CANYON
PARTNERSHIP AND CALIFORNIA DEPARTMENT OF FISH AND GAME
This Agreement is entered into this ~-- day of
1987 by and among the City of Chula Vista ("City"), the Bonita
Long Canyon Partnership ("Bonita"), a California general
partnership, and the California Department of Fish and Game
("Department") on the terms and understandings set forth below:
Recitals
A. In 1985, Bonita agreed to extend the existing concrete low
flow channel along a portion of the natural water course in
Long Canyon parallel to and south of Acacia Avenue, and
downstream of California Dam No. 868, at its expense in
connection with its development of part of Bonita Long
Canyon Estates.
B. Thereafter, it has been determined that an enlarged, rip-
rap-lined, channel should be constructed to accommodate flow
conditions historically experienced in Long Canyon, from
Bonita Long Canyon Estates property line to existing
concrete swale.
C. Notice was given to Department of the proposed alteration to
Long Canyon pursuant to Section 1601, et seq. of the
Fish and Game Code. Department requested modification of
the planned channel to incorporate wildlife enhancement
features compatible with safety and maintenance requirements
of the City.
D. Bonita has committed to inst~ll the enlarged improvements,
to be approved by City, as modified to include wildlife
enhancement features requested by the Department upon
execution of this agreement.
E. The wildlife enhancement features make standard methods of
City channel maintenance inappropriate. However, City has
agreed to accept the modified channel, as provided herein.
NOW, THEREFORE, IT IS AGREED:
1. Responsibilities of Bonita.
1.1 Bonita agrees to perform routine maintenance of
the gabion-lined channel depicted in Exhibit A hereto,
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constructed in accordance with approvals of City and Department,
located within the natural water course of Long Canyon, for a
period of two years commencing with completion of construction of
said improvement and acceptance by City.
1.2 Maintenance by Bonita shall comply with the
Department approved plan for revegetation and other conditions,
concerning routine maintenance and operation of the drainage
facility, to be attached hereto as Exhibit "B" when available.
1.3 Bonita agrees to cooperate with City and
Department, during and after the expiration of the two-year
maintenance period,in providing documentation of its experience
with maintenance of the channel. Thereafter, City and Department
may evaluate whether channel bottom modification is necessary or
desireable to maintain the design capacity of the channel;
provided, however, Bonita shall have responsibility for any
channel modification or maintenance during the two-year
maintenance period.
2. Responsibilities of City.
2.1 City hereby grants Bonita the right to enter the
City-owned channel in Long Canyon for the purpose of
carrying out Bonita's obligations under this agreement.
2.2 City agrees Bonita's construction of the improve-
ments described herein satisfies Bonita's responsibility for
extension of the existing channel under the conditions of
approval for development of Bonita's Long Canyon Estates
property.
3. Responsibilities of Department.
3.1 The Department hereby authorizes Bonita and City
to construct a gabion-lined drainage channel in Long Canyon in
accordance with Exhibits "A" and "B" hereto.
3.2 Department agrees that Bonita and City may perform
routine maintenance and operation of this drainage improvement in
accordance with the revegetation plan and conditions described in
Exhibit "B" hereto.
3.3 Department agrees to meet, at the request of City,
to discuss the experience of Bonita with maintenance of the
gabion-lined channel at the sxpiration of the two-year
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maintenance period to evaluate whether a change in the channel
bottom is necessary to the safe operation of the Long Canyon
drainage facility.
CITY OF CHULA VISTA Approved as to form by
-b~ . /C' y Attorn ·
CALIFORNIA DEPARTMENT OF
FISH AND GAME
BONITA LONG CANYON PARTNERSHIP
(DEB3:GMMCMI.A)
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