HomeMy WebLinkAbout1991/04/16 Item 9
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 4/16/91
SUBMITTED BY:
Resolution \ I-l '3 \ Approving an Agreement with the County of
San Diego for the Construction of Water Course Improvements in Long
Canyon Drainage Basin
Director of Public Works :~
City Manager t!:i&>
(4/5ths Vote: Yes ---"- No~)
ITEM TITLE:
REVIEWED BY:
This is an agreement to share the costs for drainage improvements in Long Canyon Basin for
an unincorporated portion of the County of about 700 feet in length. The estimated cost for
construction is $106,000 with the County paying 50 percent and the City of Chula Vista paying
the other 50 percent. The City's portion of the cost would be derived from three sources: (1) a
contribution from EastLake Development Company, (2) a contribution from McMillin
Development Company, and (3) drainage fees paid from the developers in the Bonita Long
Canyon Basin area.
RECOMMENDATION: Approve the resolution
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Long Canyon is a drainage basin which begins in the EastLake 1 area, traverses
under Corral Canyon Road to a dam built by McMillin Development Company and then
northerly along the Bonita Long Canyon Drainage Basin just westerly of Acacia Avenue, across
Bonita Road to the Sweetwater River at the Chula Vista Golf Course. The portions of the
system within the City limits of Chula Vista is working fairly well as a natural channel.
Northerly of the dam there has been constructed a rock channel for a distance of approximately
300 feet and then it traverses in a low flow concrete channel through the open space for Bonita
Ridge Estates #2 at which time it enters the County. Through about 700 feet of the County
parcels, the drainage is in a natural unimproved and undedicated channel traveling through
peoples backyards. Since Bonita Long Canyon was built, the development has created a
situation where there is continuous water flowing in the channel due to irrigation, etc. It has
also caused situations where there is much more erosion than had been experienced in the past.
The dam, constructed by McMillin Development Company at a cost of nearly $2,000,000, was
for the purpose of reducing the peak flow through Bonita Long Canyon in order to alleviate
previous flooding experience in the area of Palm Drive. The dam appears to be working
because it does fill up during storms as observed and there has not been flooding downstream
as has been experienced over the years.
9-1
Page 2 - Item q
Meeting Date 4/16/91
City staff has been working with County staff and the property owners along the 700 foot stretch
to develop a project which would protect those properties from serious erosion in the future.
County staff has developed a project whereby they will install erosion protection facilities
through those properties at a cost estimate of $106,000. The County has proposed that the City
of Chula Vista pay 50 percent of the cost, with the County paying the other 50 percent of the
cost. The City would obtain funds for its share from two developers (EastLake Development
Company and McMillin Development Company). We would also contribute approximately
$20,000 from drainage fees that were paid over the years from developers in the Long Canyon
Basin.
This is a cooperative effort and the amounts paid by the two developers is not based on previous
subdivision conditions.
It is therefore requested that the Council approve the resolution, but that staff be directed to not
forward the resolution to the County until such times as the funds are received from the two
developers. The resolution also would appropriate the necessary funds, including the fee
deposits made over the years.
This project is ready for advertising for bid as the plans and environmental work have been
completed by County staff. As soon as they receive a signed agreement from the City they will
go to their Board with authorization to advertise. Their schedule would be for the project to be
under construction sometime this summer, prior to the next rainy season.
Downstream Problem
There is another property northerly of this section that has also been experiencing severe
erosion, especially during these past storms. This joint effort project does not presently address
that property. The property is located about 1200 feet south of Bonita Road. The Long Canyon
Creek enters their property on the Palm A venue side and traverses across their property to the
Acacia side. They claim that upstream development has caused erosion problems, and
improvements are needed to protect the property.
Both City and County staffs agree there is a problem. Weare working on possible solutions to
the problem and will report back to Council at a later date on proposed solutions as well as cost
sharing responsibilities.
'1-2
Page 3 - Item ~
Meeting Date 4/16/91
FISCAL IMPACT: The City will contribute approximately $20,000 towards this project. The
City's contribution will come from a deposit made by Clara Vista Corporation in 1977 for storm
drain improvements.
Source
Amount
Developer Deposits
EastLake Development Company
Bonita Long Canyon Developers
Total
$20,000
$16,500
$16.500
$53,000
[Co\WP51 \A-113S\AI13-17. WPD]
q.3
AGREEMENT BETYEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION
OF YATER COURSE IMPROVEMENTS IN LONG CANYON
THIS AGREEMENT, executed this day of , 19
by and between the COUNTY OF SAN DIEGO, a political subdivision of the---
State of California, hereinafter referred to as "COUNTY," and the City of
Chula Vista, a municipal corporation, hereinafter referred to as "CITY."
YITNESSETH
YHEREAS, the COUNTY desires the improvement of the watercourse in Long
Canyon between Acacia Avenue and Palm Drive; and
YHEREAS, the CITY desires the improvement of the watercourse to handle
flows from upstream subdivision development in Long Canyon; and
YHEREAS, these improvements shall consist of 763' of open cell concrete
block channel lining, 27' of concrete channel lining, channel grading,
together with revegetation; and
YHEREAS, these improvements, hereinafter referred to as "PROJECT," shall be
installed in Long Canyon watercourse; and
YHEREAS, all the said improvements are within unincorporated area, adjacent
to the CITY; and
YHEREAS, construction of the drainage improvements will be of benefit to
the CITY;
NOY THEREFORE, IT IS MUTUALLY AGREED by and between the COUNTY and CITY as
follows:
1. COUNTY shall provide the plans and specifications for the PROJECT.
2. COUNTY shall be responsible to start the construction of the PROJECT
within a period not exceeding six (6) months.
3. COUNTY shall inspect the construction of the PROJECT.
4. CITY shall pay to the COUNTY the sum of $53,000.00 as partial payment
for the cost of construction of the PROJECT.
5. CITY shall pay the COUNTY the lump sum of $53,000.00 thirty (30) days
after award of the construction contract by the COUNTY.
6. CITY shall indemnify, defend and save COUNTY and COUNTY's agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising during the term of this Agreement out of any
q ..'I-
Long Canyon
Page 2
personal injury, bodily injury, loss of life or damage to property,
violation of any federal, state or municipal law or ordinance, or
other cause in connection with any activities under this Agreement of
CITY, CITY's employees or agents, and from and against all costs,
counsel fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in defense
of any action or proceeding brought hereon and from and against any
orders, judgments or decrees which may be entered therein. This
indemnity provision is not limited in any way by the extent of any
insurance policy currently in effect and held by either party.
7. COUNTY shall indemnify, defend and save CITY and CITY's agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising during the term of this Agreement out of any
personal injury, bodily injury, loss of life or damage to property,
violation of any federal, state or municipal law or ordinance, or
other cause in connection with any activities under this Agreement of
COUNTY, COUNTY's employees or agents, and from and against all costs,
counsel fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in defense
of any action or proceeding brought hereon and from and against any
orders, judgments or decrees which may be entered therein. This
indemnity provision is not limited in any way by the extent of any
insurance policy currently in effect and held by either party.
8. After completion of construction, the property owner shall maintain
and hold jurisdiction over all portions of the PROJECT at no cost to
the CITY or COUNTY, per agreement between the property owners and the
County.
9. This Agreement may not be modified, amended or otherwise changed
unless by an amendment in writing executed by the parties.
10. This Agreement shall terminate upon completion of the PROJECT and
payment of all amounts due from the CITY to the CO~Y with the
exception of Sections 5 and 6 which shall remain in effect until
mutually agreed upon in writing by the parties.
1~
Long Canyon
Page 3
IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego
pursuant to action taken by the Board of Supervisors and the City of Chula
Vista pursuant to action taken by the City Council by adoption of
Resolution No.
CITY OF CHULA VISTA
BY:
Mayor
ATTEST:
City Clerk
DATE:
APPROVED AS TO FORM AND LEGALITY
BY:
City Attorney
sb/2985
COUNTY OF SAN DIEGO
BY:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY
BY:
County Counsel
9-fe,
RESOLUTION NO.
/c't,13L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
COUNTY OF SAN DIEGO FOR THE CONSTRUCTION OF
WATER COURSE IMPROVEMENTS IN LONG CANYON
DRAINAGE BASIN
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, this agreement is to share the costs for
drainage improvements in Long Canyon Basin for an unincorporated
portion of the County of about 700 feet in length; and
WHEREAS, the estimated cost for construction is 4106,000
wi th the County paying 50 percent and the City of Chula vista
paying the other 50 percent; and
WHEREAS, the City's poortion of the cost would be
dervied f rom three sources: (l) a contr ibu tion from EastLake
Development Company, (2) a contribution from McMillin Development
Company, and (3) drainage fees paid from the developers in the
Bonita Long Canyon Basin area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an agreement with the
County of San Diego for the construction of water course
improvements in Long Canyon Drainage Basin.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
John P. Lippitt, Director of
Public works
8721a
, City Attorney
Presented by
'1.7
AGREEMENT BETVEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION
OF VATERCOURSE IMPROVEMENTS IN LONG CANYON
THIS AGREEMENT, executed tbis day of . 19___
by and between the COUNTY OF SAN DIEGO, a political subdivision of the
State of California, hereinafter referred to as "COUNTY," a.nd the City of
Chula Vista, a municipal corporation, hereinafter referred to as "CITY."
WITNESSETH
WHEREAS, the COUNTY desires tbe improvement of the watercourse in Long
Canyon between Acacia Avenue and Palm Drive; and
WHEREAS, the CITY desires the improvement of the watercourse to handle
flows from upstream subdivision development in Long Canyon; and
WHEREAS, these improvements shall consist of 763' of open cell concrete
block cbannel lining, 27' of concrete channel lining, channel grading,
together with revegetation; and
VHEREAS, these improvements, hereinafter referred to as "PROJECT," shall be
installed in Long Canyon watercourse; and
WHEREAS, all the said improvements are witbin unincorporated area, adjacent
to the CITY; and
VHEREAS, construction of the drainage improvements will be of benefit to
the CITY;
NOV THEREFORE, IT IS MUTUALLY AGREED by and between the COUNTY and CITY as
follows:
1. COUNTY shall provide tbe plans and specifications for tbe PROJECT.
2. COUNTY sball be responsible to start the construction of the PROJECT
within a period not exceeding six (6) months.
3. COUNTY shall inspect the construction of the PROJECT.
4. CITY shall pay to the COUNTY the sum of $53,000.00 as partial payment
for the cost of construction of the PROJECT.
S. CITY shall pay the COUNTY tbe lump sum of $53,000.00 thirty (30) days
after award of the construction contract by the COUNTY.
6. CITY sball indemnify, defend and save COUNTY and COUNTY's agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising during the term of this Agreement out of any
9-8
Long Canyon
Page 2
personal injury, bodily injury, loss of life or damage to property,
violation of any federal, state or municipal law or ordinance, or
other cause in connection with any activities under this Agreement of
CITY, CITY'S employees or agents, and {rom and against all costs,
counsel fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in defense
of any action or proceeding brought hereon and from and against any
orders, judgments or decrees which may be entered therein. This
indemnity provision is not limited in any way by the extent of any
insurance policy currently in effect and held by either party.
7. COUNTY shall indemnify, defend and save ClTY and ClTY's agents,
officers and employees harmless from and against any and all active
and passive liability, claims, suits, actions, damages and/or causes
of action arising during the term of this Agreement out of any
personal injury, bodily injury, loss of life or damage to property,
violation of any federal, stste or municipal law or ordinance, or
other cause in connection with any activities under this Aireement of
COUNTY, COUNTY's employees or agents, and from and against all costs,
counsel fees, expenses incurred in obtaining expert testimony and the
attendance of witnesses, expenses and liabilities incurred in defense
of any action or proceeding brought hereon and from and against any
orders, judgments or decrees which may be entered therein. This
indemnity proviSion is not limited in any way by the extent of any
insurance policy currently in effect and held by either party.
8. After completion of construction, the property owner shall maintain
and hold jurisdiction over all portions of the PROJECT at no cost to
the CITY or COUNTY, per agreement between the property owners and the
County.
9. This Agreement may not be modified, amended or otherwise changed
unless by an amendment in writing executed by the parties.
10. This Agreement shall terminate upon completion of the PROJECT and
payment of all amounts due from the CITY to the COUNTY with the
exception of Sections 5 and 6 which shall remain in effect until
mutually agreed upon in writing by the parties.
~-~
Long Canyon
Page 3
IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego
pursuant to action taken by the Board of Supervisors and the City of Chula
Vista pursuant to action taken by the City Council by adoption of
Resolution NO.
CITY OF CHULA VISTA
BY:
Mayor
ATTEST:
City Clerk
DATE:
APPROVED AS TO FORM AND LEGALITY
BY:
City At tomey
sb/2985
COUNTY OF SAN DIEGO
BY:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY
BY:
County Counsel
'l-IO