HomeMy WebLinkAboutCC RESO 11,708RESOLUTION NO. 11,708
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY REAFFIRMING CERTAIN ACTS OF THE AGENCY AND EXECUTIVE
DIRECTOR AND AUTHORIZING ADDITIONAL ACTS REGARDING
CONSTRUCTION OF THE SWEETWATER RIVER FLOOD CONTROL
CHANNEL ON LAND OWNED BY THE COUNTY OF SAN DIEGO
WHEREAS, a redevelopment survey area was designated
November 14, 1973 by Resolution No. 11,215 and amended March
19, 1974 by Resolution No. 11,338 of the City Council of the
City of National City; and
WHEREAS, a Final Environmental Impact Report for
the proposed redevelopment project was approved by the
Redevelopment Agency (Agency) July 2, 1974; and
WHEREAS, by Ordinance No. 1432 the City Council
changed the flood overlay zoning on the majority of property
within the project from F-1 (Floodway Zone) to F-2 (Flood
Plain Zone) on July 9, 1974; and
WHEREAS, the National City Planning Commission
selected a redevelopment project area and approved a Pre-
liminary Plan for the project by Resolution No. 3-74 adopted
July 22, 1974; and
WHEREAS, by Ordinance No. 1438 adopted September
10, 1974 the City Council approved a Redevelopment Plan
(Plan) for the Bonita Center Redevelopment Project (Project);
and
WHEREAS, Watercourse Permit No. 253 was issued
September 20, 1974 by the County of San Diego authorizing
excavation of the Sweetwater River Flood Control Channel
within the unincorporated area of San Diego County; and
WHEREAS, the National City Planning Commission
approved a Conditional Use Permit authorizing grading within
the Project on November 11, 1974; and
WHEREAS, the California Department of Fish and
Game approved the Sweetwater River Flood Control Channel
project by Agreement Regarding Proposed Stream or Lake
Alteration dated November 18, 1974 and executed by the
Agency on November 20, 1974; and
WHEREAS, the City Engineer of the City of National
City issued Grading Permit No. 148 to The Koenig Corporation
on November 21, 1974; and
WHEREAS, on December 4, 1974, the San Diego County
Board of Supervisors certified that it had reviewed and con-
sidered the Final Environmental Impact Report approved by
the Agency for the Project; and
WHEREAS, a Right of Entry and Permit to do Work
dated December 4, 1974 was executed between the County of
San Diego, City of National City, and the Agency. Said
Contract granted permission for the City of National City
and/or the Agency, their contractors, agents and/or assigns,
all referred to in the contract as "Permittee", to construct
a flood control channel and appurtenances upon County of
San Diego land; and
WHEREAS, Watercourse Permit No. 253 was reissued
by the County of San Diego on December 27, 1974 subject
to the additional conditions of the Right of Entry and
Permit to do Work. A $700,000.00 surety bond was posted
and verbal notice of intent to immediately proceed with
the work was provided by the Executive Director of the
Redevelopment Agency of the City of National City (Director)
to the County of San Diego on December 27, 1974. As a
part of the reissued Water Course Permit No. 253 construction
drawings for the Sweetwater River Flood Control Channel
consisting of five pages were approved on December 13, 1974
by the Administrator -Public Works Agency, County of San
Diego. Said construction plans indicate that the applicant
for Watercourse Permit No. 253 is the City of National City.
Said construction plans for the channel were verbally approved
by the U. S. Army Corps of Engineers and the California Depart-
ment of Transportation prior to approval of the construction
plans by the Public Works Administrator. The U. S. Army Corps
of Engineers subsequently approved the channel design by
letter dated December 24, 1974; and
WHEREAS, the Agency has employed professional
consultants to assist with the design and development of
improvements in the Project including contracts with Rick
Engineering Company for civil engineering services dated
November 23, 1973 and October 22, 1974 and contracts with
Woodward-Gizienski & Associates (Soils Engineers) for soil
engineering services dated December 27, 1974 and January
16, 1975; and
WHEREAS, on December 26, 1974 the City of National
City (City) and the Agency authorized the execution of a
Memorandum of Agreement; Grant of Lease: and Grant of Option
with The Koenig Corporation. Said Agreement was executed
by the parties on December 27, 1974 and provides, among
other things, that The Koenig Corporation may accomplish
works of improvement on -site with the prior written consent
of the Agency. The Agency may agree to reimburse The Koenig
Corporation for such work if the work is in the public's
interest; and
WHEREAS, on December 26, 1974 the Agency authorized
the Director to allow that certain earthwork and related
activities be undertaken. Agency Counsel explained that
this work would be accomplished pursuant to the Memorandum
of Agreement between the Agency, the City, and The Koenig
Corporation; and
WHEREAS, on December 26, 1974 the R. E. Hazard
Contracting Company (Contractor) tendered a Proposal and
Contract to The Koenig Corporation which was accepted
December 27, 1974. Said Contract provides for the Contractor
to perform grading and other work according to plans prepared
by the Agency's consulting engineer, Rick Engineering Company;
and
WHEREAS, on December 27, 1974 The Koenig Corporation
(Owner) proposed in writing to the Agency that certain work
be undertaken by the Contractor. The proposed work included
excavation in the Sweetwater River Flood Control Channel on
property owned by the Owner and located within the corporate
limits of the City of National City. The Director indicated
in writing to the Owner that the proposed work was necessary
to implement the Project, and that said work was recommended
by the Agency's consulting engineer, Rick Engineering Company
(Engineer) as part of the overall plan for development of the
Project. The Director authorized the proposed work to be
accomplished, including excavation for the flood channel, and
agreed to reimburse the Owner subject to certain conditions.
The cost of the work performed on December 26, 1974 by the
Contractor at Owner's direction is the responsibility of the
Owner. The remainder of this Phase No. 1 construction was
performed by Contractor on December 31, 1974 and on January
2, 3, 6, 8, 9, 10 and 13, 1975 according to construction
plans prepared by the Engineer and approved by the City
Engineer, City of National City dated December 26, 1974.
The entire work performed under this Phase No. 1 construction
was accomplished within the City of National City pursuant
to City of National City Grading Permit No. 148 dated
November 21, 1974; and
WHEREAS, on February 5, 1975 the Owner proposed
in writing to the Agency that additional work related to
the Bonita Center Redevelopment Project, including excava-
tion of the drainage channel within the unincorporated
area of San Diego County, be undertaken by the Contractor
pursuant to the Memorandum of Agreement dated December 27,
1974 between the City, Agency and Owner. The Director
provided written authorization for the work to be performed,
including excavation of the flood channel, upon recommendation
of the Engineer and City Engineer. The Director agreed to
reimburse Owner for the cost of authorized work subject to
certain conditions, including that reimbursement of costs
would be based upon the Proposal and Agreement dated
December 27, 1974 between the Contractor and Owner. The
construction plans for the subject Phase No. 2 work were
prepared by the Engineer and approved by the City Engineer
of National City on February 6, 1975. The subject Phase No.
2 work was commenced February 7, 1975 and diligently pursued
to completion; and
WHEREAS, the surveying, construction staking and
engineering supervision were provided by the Agency's Engineer
and earthwork was monitored by the Agency's Soils Engineer
for both Phase No. 1 and Phase No. 2 construction projects;
and
WHEREAS, substantial excavation of the Sweetwater
River Flood Control Channel has been completed on land owned
by the County of San Diego pursuant to Watercourse Permit
No. 253, as amended, and that certain Right of Entry and
Permit to do Work. Said construction and excavation has
been accomplished pursuant to plans and specifications pre-
pared by Engineer at Agency direction to implement the Project,
and construction monitored by Agency's Engineer and Soils
Engineer; and
WHEREAS, questions have been raised regarding the
relationship of the parties, and the authority of the parties
to proceed under the Redevelopment Plan for the Project and
the various permits which have been issued.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of National City as follows:
SECTION 1. The City Council reaffirms and reiterates
the Agency's acts of December 26, 1974 in ordering the auth-
orization of certain grading, earthwork and construction
operations within the Bonita Center Redevelopment Project,
specifically including excavation of the Sweetwater River
Flood Control Channel (Channel) on land owned by the County
of San Diego.
SECTION 2. The City Council reiterates and reaffirms
the authorization granted to the Executive Director of the
Redevelopment Agency of the City of National City (Director)
granted at the Agency meeting of December 26, 1974 to cause
said construction to be accomplished pursuant to said auth-
orization.
SECTION 3. The City Council approves, reaffirms,
authorizes and ratifies the acts that have been taken
by the Director to cause the construction work to be
accomplished, including the commitment to reimburse The
Koenig Corporation for grading, earthwork and construction
operations within the Channel, said construction as designed
by the Agency's consulting engineer and as approved by the
City Engineer of the City of National City.
SECTION 4. The City Council approves, reaffirms,
authorizes and ratifies the assignment by the City of
National City and the Agency of their rights under the
County Watercourse Permit No. 253 (Permit) and Right of
Entry and Permit to do Work.
SECTION 5. The City Council approves, reaffirms,
authorizes and ratifies the designation of The Koenig
Corporation as the Agent and Assignee of the City of
National City and the Agency to cause the Channel construc-
tion pursuant to the Permit and the Right of Entry and
Permit to do Work, construction plans and specifications
prepared by the Agency's consulting engineer, as approved
by the City Engineer, specifications of the Agency's
Soils Engineer, the provisions of the Redevelopment Plan
for the Bonita Center Redevelopment Project, and the terms
of that certain Memorandum of Agreement; Grant of Lease:
and Grant of Option between the City of National City,
Redevelopment Agency of the City of National City and The
Koenig Corporation.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the
Director is further authorized and directed to continue to
take all acts necessary to consumate the construction of
the Channel pursuant to the Permit and Right of Entry and
Permit to do Work.
PASSED AND ADOPTED this 3rd day of March, 1975.
ATTEST:
AYOR