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HomeMy WebLinkAboutAgenda Statement 1977/03/01 Item 15 CITY OF CHULA VISTA ITEM N0. 15 COUNCIL AGENDA STATEMENT ~ ~ 3/1/77 FOR MEETING OF: ITEM TITLE: Resolution 8528:Accepting Bids and Awarding Contract for Concrete Lined Drainage Channel Through the J.L.J. Apartments and Appropriating Funds from the Residential Construction Tax Fund SUBMITTED BY~ Director of Public Works/City Engineer 1 ~~ ITEM EXPLANATION This item yeas held over from the meeting of February 22 in order that all five Councilmen might be present. Since an appropriation is required, a four-fifths vote of the Council is necessary in order to award the contract. The ownership of the channel through the J.L.J. Apartments and the respon- sibility for construction of the channel was discussed briefly at the last Council meeting. In reference to these points there are some important considerations. First, the property owner for the J.L.J. Apartments deeded to the City, dependent upon receipt of Federal funds, an easement for drainage purposes over the channel. The City Attorney's office has opined that there is a legitimate question as to the owner- ship of the land at this time. A second important consideration is that the subject area tributary to this drainage channel is greater than 750 acres and is therefore a "major channel" as established by City Council Policy. City Council Policy 800-O1 discusses the responsi- bility for the cost of design and construction of major channels and states that that responsibility for the most economical design of major channels and structures shall rest with the City. The exception to this is in the case of new subdivisions for which the basic responsibility for said costs shall be borne by the subdivider. (Continued on Supplemental Page 2) f-'\/1 II I"11 Tf'\ ATTA/~1 Irf1 C7~r1IDl I J HI I Hlrl"ICU Agreement Resolution X Ordinance Plat Other Environmental Document; Attached Submitted on STAFF RECOMMENDATION: 1. City Council accept bids and award contract to T.B. Penick & Sons, Inc. in the amount of $74,239, contingent upon receipt of fund commit- ment from EDA. 2. City Council appropriate $49,720 from the unappropriated balance of the Residential Construction Tax Fund and transfer $49,720 to the Public Works Bill Fund. 3. City Council authorize expenditure of $81,600 from account No. 645- 6450-Pwi01. COUNCIL ACTION Approval of resolution. Acceptance of JLJ Apts offer of $2500. Form A-113 (Rev. 5-75) Item No. 15 Supplemental Page 2 In this instance, the unimproved and unfenced channel passes through a large apartment complex. The ultimate runoff in the channel is nearly 900 cubic feet per second for a 50 year storm. We believe that this large unimproved channel which carries large volumes of water in a densely populated area is a hazard for persons in the community and that the City is justified in spending the additional funds required for its construc- tion. Form No. F-229 X2/73 . CERTIFICATE OF CITY/DIRECTOR OF FINANCE Certification of. tJnappi:opriated Balance I HEREBY CERTI;.'Y that the money required for the appropriation of funds for the purpose set forth i~x the attached resolution is available in tha Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount S 49,720.00 Tuna Residential Construction Tax Purpose Drainage Channel Through the J.L.J. Apartments Bidder T.B. Penick and Sons 645 6450 PW 101 bate 2/14/77 By ~%;~ ,~/% zz/~z-~.- ~~..-z~~-._ Director of Fin1nce The City of Chula Vista Certification of Unencumbered 3alance I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the attached resolution can ne incurred without the violation of any cf the provisions of the Charter of tY-1e City cf Chula Vista, o- the Constitution or the laws of the State cf California, tt-,a: sufficient monies have been appropriated for the purpose o.f 5aiG contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or ars anticipated to co~,~ into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actuaiiy in the Treasury, tggethex with the monies anticipated to coma: into the Treasury, to the credit of said appropriation are atherw:~s unencumbered. Amount Not to Exceed S $1.600.00 __. 5 6450 PW 101 Ui rector of . ir,4rce The City of Chula. Vi ~~a Date 2/15/77 BY F•ttnd Residental Construct. Dept./Activity Residential Constr.~~tion Tax Tax Purpose Drainage Channel through J.L.J. Apartments ___, sidder T.B. Penick and Sons, Inc. Certificate ?v'o. 55 EATER rIVESTERN===_ REAL ESTATE INVESTMENT TR4:J~ST J. L. Johnston, Chairman of the Board February 23, 1977 Letter #11978 William J. Robens Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Participation in drainage channel costs Dear Mr. Robens: n t`s -i - --,.r -G - . "~ h ~.l ..~ ^:.~ r-..... ~: ~ ° ~ -~ W _~ ; ` V:.. C." ' ~ T7 .r- w Pursuant to your letter dated .February 17, 1977, your file no. AP 007, this will confirm our commitment to pay $2,500 toward this drainage channel work upon completion of same. Very truly yours, _ ohnston JLJ:lo 1L~ d~c , 9 ~ ~ ~ 44-883 King Street, P.O. Drawer EE, Indio, California 92201 714/347-0887