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HomeMy WebLinkAboutReso 1995-17953 RESOLUTION NO. 17953 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONCEPT OF SHARING THE COSTS OF REPLACING DETERIORATED AND SUBSTANDARD DRAINAGE FACILITIES WITHIN THE CLUB VIEW TERRACE SUBDIVISION, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT, AUTHORIZING THE CITY TO ADVANCE FUNDS TO FINANCE CLUB VIEW TERRACE'S SHARE, AND APPROPRIATING $33,600 FROM THE STORM DRAIN REVENUE FUND WHEREAS, the Chula Vista Presbyterian Church located at 940 Hilltop Drive ("Church") is in the process of building an addition to their Church and as part of their plans, the Church is under-grounding the drainage that flows through their site in order to make the site more usable; and, WHEREAS, their proposed drainage system ties into a private downstream system that was constructed more than 40 years ago and because of the age of this downstream system, the corrugated metal pipe is silted up in places and deteriorated in others; and, WHEREAS, in order to make the system work, the downstream pipe needs to be replaced; and, WHEREAS, City Council Policy Number 522-01 provides for the City's participation in certain types of drainage projects; and, WHEREAS, the construction of approximately 300 feet of reinforced concrete pipe within the Club View Terrace Subdivision ("Proposed Drainage System") qualifies as a local system eligible for City's participation pursuant to City Council Policy Number 522-01; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the concept of sharing the costs to replace deteriorated and substandard drainage facilities within the Club View Terrace Subdivision subject to the conditions described below. BE IT FURTHER RESOLVED that the City Manager or his designee is hereby directed to negotiate an agreement, which will be known as document number CO95-104, a copy of which will be on file in the office of the City Clerk, appropriate parties that is consistent with and incorporates all of the following conditions: 1. The proposed drainage system shall be designed to City standards; and, 2. The City's participation shall be limited to one-third of the costs of replacing the drainage facility within the Club View Terrace Subdivision, not to exceed a total of $15,300, with the other participating parties (the Church and the adjoining property owner, Ms. Bryan) contributing the remaining two-thirds. ............. T .............................................I Resolution No. 17953 Page 2 3. The participating parties shall dedicate drainage easements to the City for future maintenance of the storm drain system. 4. The Church shall be responsible for obtaining three informal bids to construct the storm drain system. 5. The participating parties shall hold the City harmless from any damages resulting from any delays in construction or damage to the site. 6. If the City advances any monies to the participating parties for the construction of such drainage facility, such advance shall be subject to all of the following conditions: a. Any such advance or loan shall be secured by a lien on the property or by such other means acceptable to the City Attorney. b. The loan shall be amortized over a ten year period at 7% interest. c. The loan shall be due and payable in full if the property changes ownership (including by inheritance). 7. The Agreement shall be in a form acceptable to the City Attorney. 8. The proposed drainage facility shall conform Council Policy 522-01 and in particular, to the conditions set forth in Condition No. 6 of such Policy. BE IT FURTHER RESOLVED that the City is hereby authorized to advance funds for Club View Terrace's share and appropriates $33,600 from the Storm Drain Revenue Fund to finance the City's share, the loan amount of up to $15,300 and plan checking fees; said funds to be transferred into Account 227-2275-DR128. Presented by Approved as to form?y / lllF Resolution No. 17953 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1 lth day of July, 1995, by the following vote: YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None S~Horton, Mayor ATTEST: ~ ~ t ~c, C(/ Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17953 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 lth day of July 1995. Executed this 1 lth day of July, 1995, Beverly :~ Authelet, City Clerk