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HomeMy WebLinkAboutCC RESO 12,745RESOLUTION NO. 12,745 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO IN CONNECTION WITH THE PLAZA BONITA SHOPPING CENTER AND THE SWEETWATER REGIONAL PARK WHEREAS, the City Council, by its Resolution No. 12,730 dated May 9, 1978 authorized execution of a Cooperation Agreement among the City, the Parking Authority and the County in connection with the Plaza Bonita Regional Shopping Center, National City, California; and WHEREAS, said Agreement was changed in certain respects, which are considered by the City Council to be minor, but which the City Council nevertheless wishes to specifically approve in the interest of clarity of its policy with regard to the Agreement, includ- ing such minor changes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City Council that certain Agreement entitled "Cooperation Agreement between the City of National City, the Parking Authority of the City of National City and the County of San Diego in e connection with the Plaza Bonita Shopping Center and the Sweetwater Regional Park", a copy of which is attached hereto and by reference incorporated herein and made a part hereof, and the City Clerk is •` hereby authorized to attest thereto. A copy of said Agreement is on file in the Office of the City Clerk and reference is hereby made to all particulars contained therein. PASSED AND ADOPTED this 19th day of May, 1978. Kile Morgan, ATTEST: IONE CAMPBELL By: Ione Campbell, City Clerk Muriel Kulikowski, Deputy City Clerk COOPERATION AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, AND THE COUNTY OF SAN DIEGO IN CONNECTION WITH THE PLAZA BONITA SHOPPING CENTER AND THE SWEETWATER REGIONAL PARK WHEREAS, the City of National City, California, (hereinafter "City") and the Parking Authority of the City of National City, California (hereinafter "Authority"), and the May Shopping Centers, Inc., St. Louis, Missouri, are jointly pursuing the development of the Mayco Regional Shopping Center (hereinafter "the Center") to be constructed near the inter- section of I-805 and proposed Highway 54 within the County of San Diego, California; and WHEREAS, in connection with said development, City and Authority desire to enter upon land adjacent to the Center, which land is owned by the County of San Diego (hereinafter "County"), and to alter drainage characteristics with the Sweetwater River Flood Control Channel (hereinafter "the Channel"), which is under the jurisdiction of County; and WHEREAS, County desires that in conjunction and coordi- nation with the development of the Center, the Channel be improved and County's proposed Sweetwater Regional Park be developed; NOW THEREFORE, the parties hereto, in consideration e Hof the mutual covenants herein contained, and for other good and sufficient consideration do agree as follows: 1. City, Authority and County to Cooperate: City, Authority and County shall cooperate in the development of the Center, the improvement of the Channel and the development of the Park in accordance with the terms and conditions specified herein. The general nature of said improvement and development is reflected in the "Plaza Bonita Shopping Center Development Plan" and the "Site Landscaping Plan" which are attached hereto as Exhibits A and B respectively and incorporated herein by this reference. City, Authority and County agree that they will take all steps and execute all documents necessary to effectuate the terms and conditions of this Agreement. WWT:am 2. Environmental Studies: City shall make such environmental studies of the project as the applicable laws and the judicial precedents of the state require. In particular, City agrees to do the following before commencing any grading or construction on any part of the project: a. Comply with all laws and regulations applicable to the borrow operation proposed for raising the Center site above the 100 year flood level, including assessing the environ- mental impacts to the borrow area and preparing or requiring the preparation of an Environmental Impact Report (EIR) or supplementing the existing EIR for this purpose if necessary. b. Take mitigation measures as suggested in the Archaelogy Appendix in the Supplemental EIR (page A-8) for Locus B of the archaeological site as well as for Locus A as is proposed at page 21 of the text of said document. c. Include in the final EIR for the project a discussion of the methods which were used for obtaining public input. County certifies that it has reviewed and considered the Final and Supplemental EIR prepared by City, that said EIR was prepared in consultation with County, and that, subject to the above, said EIR is adequate and complete. 3. Grants, Dedications and Exchange of Property Interests: Authority shall, immediately upon the approval of this Agreement by County and prior to commencing any work hereunder, grant to County the following: a. The fee interest in both that property designated as "Parcel 3" and that portion of that property designated as "CITY OF NATIONAL CITY GRANTS OPEN SPACE EASEMENT TO COUNTY OF SAN DIEGO" which is within the boundaries (including the banks) of the Channel, all as shown on Exhibit A hereto, by grant deed which may restrict the use thereof to park, recreation and flood control purposes; and b. An easement for open space over that property designated as "CITY OF NATIONAL CITY GRANTS OPEN SPACE EASEMENT TO COUNTY OF SAN DIEGO", but not within the Channel, on Exhibit A hereto, the terms of said easement to prohibit the placing of any structure on said property and to prohibit all development thereof except for landscaping for park or light recreational purposes consistent with open space. County shall, immediately upon the approval of this Agreement by City, Authority and County, execute and deliver a quitclaim deed relinquishing to Authority and City all the interest it may have in Parcels 1 and 2 as shown on Exhibit A hereto. 4. Flood Control Channel Improvements: City shall construct a flood control channel within that area designated as "SWEETWATER RIVER FLOOD CONTROL CHANNEL", commencing at the Highway 805-Highway 54 connector to the Northwest and terminating at the road shown as "BONITA CENTER ROAD" at the Southeast, all as shown on Exhibit A hereto. a. The design of the channel shall be compatible with the alignment of the standard project flood alternative (Plan 1) - 2 proposed by the U. S. Army Corps of Engineers in its "General Design Manual No. 1 for the Sweetwater River Flood Control Channel", dated July 1977. Channel side slopes shall be no greater than 2.5 feet horizontal to 1 foot vertical (2.5:1) and rip rap bank protection shall be provided when velocities exceed 5 feet per second. The channel shall have a grassed bottom, and shall be so graded that low flows will be confined to a small area rendering as much as possible of the floor available for recreational uses. b. The work shall be designed and constructed so that it will neither increase the cost of the U. S. Army Corps of Engineers proposed project nor increase the backwater effect over the existing 100 year flood level as defined by the Corps in said General Design Manual No. 1 for the Sweetwater River Flood Control Channel. City shall submit calculations substantiating such backwater effect to County, and shall thereafter or therewith submit construction plans to County, for County approval prior to commencing any construction. Should an increase in said flood level occur, City shall obtain agreements from owners of affected land to accommodate such increase. c. Wherever City causes grading work to be done in the con- struction of the channel, it shall thereafter landscape such graded areas with a hydroseed applied seed mix, with fer- tilizers and soil stabilizers. The makeup of the seed mix and the plans and specifications for application and maintenance will be subject to the approval of Parks and Recreation Depart- ment of County. Said plans and specifications shall include an irrigating system. City shall warrant said landscaping for a period of three year(s) after its installation. d. The Spring Valley sewer trunk line shall be protected by City pursuant to a plan which shall have been approved by County's Director of Sanitation and Flood Control prior to construction of such protective devices. e The improvements proposed as part of and comprising the flood control channel shall be subject to the review and approval of the County Department of Sanitation and Flood Control prior to, and during all, such constructions, pursuant to Sections 88.100-88.504 of the San Diego County Code. City agrees to pay the salary, travelling and inci- dental expenses of the inspection of said construction whenever an employee of County is required as inspector. f. After construction, City shall maintain said channel according to sound engineering practices to insure that said channel at all times hereafter maintains its designed flood carrying characteristics and shall maintain the grasses within the channel. Any deficiency found in channel maintenance shall be communicated in writing to City which shall diligently remedy any such defects. - 3 g. City shall complete construction of the channel within five years of the execution of this Agreement. 5. Bonita Center Road Improvements: City will construct and improve to County standards the proposed Bonita Center Road in the alignment shown on Exhibit C hereto. a. Construction will be according to plans and specifications subject to reasonable review and approval of County's Engineer. Approval of construction of the said improvements shall be a condition precedent to any use or occupancy of any of the structures in the Center. The nature of the roadway improve- ment is generally reflected in Exhibit C hereto. b. As a part of the construction of Bonita Center Road, City will construct an equestrian undercrossing, including provision for natural light into said undercrossing which shall be de- signed as depicted on Exhibit C hereof. c. County, at City's expense, shall secure the necessary right of way for the proposed road together with necessary easements for slope rights. City shall pay all costs and expenses incurred by the County in acquiring said property interests, including but not limited to insurance, escrow fees, court costs, jury fees, expert witness and appraisal fees, salaries and other compensation and benefits of any County employees used as property agents, appraisers or witnesses, all compensation to the owners for land condemned (including severance damage, if any) and in- terest, plus an attorney's fee (for services of County Counsel) at the rate set by the Auditor of County for contract services performed by the Office of County Counsel for the fiscal year in which the services are rendered. d. City shall complete construction of said road work within five years of the execution of this Agreement. 6. Sweetwater Regional Park Improvements: Before commencing any construction hereunder, City agrees to pay County the sum of $50,000.00 . County agrees to use said sum to install and construct park and recreational facilities, including equestrian and hiking trails, picnic areas, grass and tree areas and other compatible improvements, generally within that area designated as "COUNTY PARCEL" on Exhibit A hereto and those areas referred to at paragraph 3.a above, all as part of the development of County's proposed Sweetwater Regional Park. County agrees to complete such improvements within three years after City completes its channel construction obligations pursuant to paragraph 4 above. - 4 7. Security: Before commencing any work hereunder or obtaining any permits or approvals therefor, City shall provide and continue in effect throughout the term of this Agreement a corporate surety performance bond payable to County in the amount of $700,000.00 in a form satisfactory to County's Public Works Administrator, guarantying faithful performance of all of City's obligations hereunder. 8. Hold Harmless and Indemnity: City shall be responsible for all liability for personal injury or property damage which may arise out of design, construction or other aspects of work performed under paragraphs 4 and 5 above, in- cluding any flooding due to backwater effects, or from failure to perform any obligation hereunder, and in the event a claim or action therefor is made or filed against County or any of its officers or agents, City will indemnify and hold them harm- less from such claims. 9. Center Lanscaping: City and Authority agree to provide landscaping in the development of the Center in accordance with Exhibit B hereto. 10. Right of Entry and Permits: County agrees that upon its approval, which shall not be unreasonably withheld, of plans for construction of the channel or the road pursuant to paragraphs 4 and 5 above, it will grant Rights of Entry and such watercourse, encroachment, grading or other permits as are required for City to perform its obligations hereunder. Said Rights of Entry and permits shall not be conditioned upon any requirements not expressed herein, other than the payment of the usual fees or such requirements as may be imposed by State " or Federal law. 11. This Agreement shall become effective when executed by City, Authority and County. CITY OF NATIONAL CITY By: KILE MORGAN, Mayor Date ATTEST: IONE CAMPBELL, City Clerk PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA By: KILE MORGAN, Mayor Date ATTEST: ARNOLD PETERSON, Secretary - 5 COUNTY OF SAN DIEGO, CALIFORNIA By: LUCILLE MOORE, Chairwoman Date ATTEST: Clerk, Board of Supervisors APPROVED AS TO FORM: By: SAN DIEGO COUNTY COUNSEL Date APPROVED AS TO FORM: By: COUNSEL FOR CITY OF NATIONAL CITY and PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA Date RECOMMENDED: Director, Department of Parks & Recreation ,• Director, Department of Sanitation & Flood Control Director, Department of Transportation - 6