Loading...
HomeMy WebLinkAboutCC RESO 12,882RESOLUTION NO. 12,882 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 DEVELOPMENT 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, the County of San Diego changed the Agreement in certain minor respects and the City Council, by Resolution 12,745 adopted May 19, 1978, in the interest of clarity as to its policy, authorized execution of said Agreement as revised; and WHEREAS, the County of San Diego has made further changes to the final form of the Agreement, also considered by the City Council to be minor, but which the City Council wishes to specifically approve in the interest of clarity of its policy with regard to the Agreement, including such minor final 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, Plaza Bonita Center/Sweetwater Regional Park Development", 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 24th day of October, 1978. Kile Morgan, ATTEST: Ione Campbell, CitClerk COOPERATION AGREEMENT -- PLAZA BONITA CENTER/SWEETWATER REGIONAL PARK DEVELOPMENT WHEREAS, the City of National City, California (hereinafter "City"), 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 Plaza Bonita Shopping Center (herein- after "the Center") to be constructed near the intersection 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 and construct improvements 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 coordination with the development of the Center, the Channel be improved and County's proposed Sweetwater Regional Park (hereinafter "the Park") be developed. NOW, THEREFORE, the parties hereto, for and in considera- tion of 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. 2. Environmental Studies: County certifies that it has reviewed and considered the Environmental Impact Report prepared by City for the development of the Center. To mitigate significant effects identified therein, Authority and City agree 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 environmental impacts to the borrow area and preparing or requiring the preparation of an additional Environmental Impact Report if necessary. If either the borrow site or any part of the route for haul trucks is within the unincorporated area of County, County's approval shall first be obtained. The haul route will be selected so as to minimize- disruption of sensitive land uses. b. Plant dense vegetation or construct solid walls (approximately four feet high) at the brow of the hill between. the Center and those abutting residential properties on Putter Drive or Bonita Center (Mesa) Road whose owners consent to such construction or planting. c. Take mitigation measures as suggested in the Archaeology Appendix in the Supplemental Environmental Information (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. 3. Grants, Dedications and Exchange of Property Interests: City and 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 easerent 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 terns of saideasement 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 any interest County may have in Parcels 1 and 2 as shown on Exhibit A hereto. 4. Flood Control Channel Improvements: City and Authority 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) 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 and Authority 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 anv construction. Should an increase in said flood level occur, City and Authority shall obtain agreements from owners of affected land to accommodate such increase. c. Wherever City or Authority causes grading work to be done in _the construction of the channel, it shall immediately thereafter landscape such graded areas with a hydroseed applied seed mix, with fertilizers 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 Department of County. Said plans and specifications shall include an irrigating system. City and Authority shall warrant said landscaping for a period of three years 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. City and Authority shall obtain State Department of Transportation approval of the design and construction of the Chahnel where it traverses that portion of the parcel identi- fied as "County Parcel 9.8 Acres" on Exhabit A hereto over -3- which the State owns an easement for drainage purposes as described in the deed recorded as No. 74-043538 with the San Diego County Recorder. -f. 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 and Authority agree to pay the salary, traveling and incidental expenses of the inspection of said construction whenever an employee of County is required as inspector. g. After construction, City and Authority shall maintain said channel according to sound engineering practices to ensure 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. h. City and Authority shall complete construction of the Channel within five years of the execution of this Agreement. 5. Bonita Center Road Improvements: City and Authority shall 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 is Director of Transportation. 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 improvement 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 under - crossing which shall be designed. as depicted on Exhibit C hereof. c. City and Authority, at their expense, shall obtain for County the necessary right of way for the proposed road together with necessary easements for slope rights. Title to such right of way shall be taken in the name of and held by County. d. City and Authority 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 and Authority agree 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 the Park. County agrees to complete such improvements within three years after City and Authority complete the channel construction obligations pursuant to paragraph 4 above. 7. Security: Before commencing any work hereunder or obtaining any permits or approvals therefor, City and Authority shall provide and continue in effect throughout the term of this Agreement a corporate surety performance -bond payable to County in the amount of $700,000.00 in a form satisfactory to County's Public Works Administrator, guarantying faithful performance of all of City's and Authority's obligations hereunder. 8. Hold Harmless and Indemnity: City and Authority shall be responsible for all liability for personal injury or property damage which may arise out of design.; construction or other aspects of work performed under paragraphs 4 and 5 above, including any flooding due to backwater effects, or from failure to perform any obligation hereunder, and in the event' a claim or action therefor is made or filed against County or any of its officers or agents, City and Authority will indemnify and hold them harmless from such claims. 9. Center Landscaping: City and Authority agree to provide landscaping in the development of the Center in accordance w$t_ Exh bit 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 and Authority to perform their' obligations hereunder. Said Rights of Entry and permits shall not,be conditioned upon any requirements not expressed herein, other than the payment of the usualfees or such requirements as may be imposed by State or Federal law. 11. In the event that legal action is brought in any court naming County as a party and challenging County's approval of the project or this Agreement on environmental or other grounds, City and Authority agree to reimburse -5- County for its expense in defending such action, including reasonable attorney's fees. 12. This Agreement shall become by City, Authority and County. ATTEST: CAMPELL, City Clerk -74-7y. City glerK PARKING AAHORI�/OF THE CITY OF NAi IONZ ,774f.v CALIFORNIA By ?ice KILE MORG ATTEST: 7 Chairman L RNOLD P.t.TzzcSON, Secretary COUNTY OR SAN DIEGO, By %` f- LU3CILLE MOORE, ATTES/ CALIFORNIA Chairman Clerk, Board of Supervisors APPROVED AS TO FORM: DONALD L. CLARK, County Counsel By �� Deputy County Coungel effective when executed Date /v6v/7Y / Date j4 d =2 3 /771 Date Approved and/or authorized by, the Board of Supervisors of the Count. of San NPR) OCT 17 497817 Clerk of the Board c Supervisor: /,2 i5'7 Date APPROVE AS TO F.-•: By Counsel for CITY OF A IONAL CITY and PARKING A 'HO.ITY OF THE CITY OF NATIO CITY, CALIFORNIA RECOMMENDED: Director, Department of Parks & Recreation Director, Department of Sanitation & Flood Control Director, Department of Transportation W JT/cac -,- -7-