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Home My WebLink About1984 CON County of San Diego - Cooperative Agreement - Sweetwater Flood Control ChannelCOOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY THIS AGREEMENT, entered into this /,a.{/ day of /i /Y 1984, by and between the County of San Diego, hereinafter referred to as COUNTY, and the City of National City, hereinafter referred to as CITY, is made pursuant to authority of Chapter 5, Article 1 (conmencing with Section 6500) of the California Government Code (Joint Powers Agreement): W ITNESSET H: WHEREAS, the United States Government has, under authority of Public Law 90-483, approved August 13, 1968, undertaken design and construction of a flood control project in San Diego County, California, known as the Sweetwater River Flood Control Channel, Bonita Mesa Road to San Diego Bay, hereinafter referred to as PROJECT; and WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to act as the sponsoring agency representing local interests, including the CITY, in giving the assurances of cooperation required by the United States Government in support of PROJECT and the assumption of certain designated obligations; including providing, without cost to the United States, of all necessary rights -of --way; performing all necessary construction, modification or relocation of highways (including bridges), utilities, and irrigation and drainage facilities required in connection with PROJECT; and maintaining and operating PROJECT in accordance with regulations to be prescribed by the Secretary of the Army; and 41fiEREAS, the proposed location of the flood control channel is along the alignment adopted by the California Highway Commission for construction of Interstate Routes 5 and State Route 54 Freeway including interchanges for 8U5; and WHEREAS, the state legislature, under Water Code Section 12745 (Stats. 1968, C. 1038, P. 2007, 8 1) adopted and authorized the Sweetwater River Flood Control Project at such cost to the State as may be appropriated by the legislature upon the advice of the State Department of Water Resources here- inafter referred to as "DWR". DWR will reimburse local agencies for local costs associated with the project for necessary rights -of -way, utilities relocation, highway relocation (including bridges) and engineering costs associated therewith (Local Flood Control Costs); and WHEREAS, an agreement will be negotiated between the State of California, Division of Highways, the U. S. Army Corps hereinafter referred to as HIGHWAYS, and of Engineers to cover construction of aforesaid State Route 54 and PROJECT under one contract administered by HIGHWAYS; and WHEREAS, COUNTY will acquire certain rights -of -way necessary for con- struction of PROJECT; and WHEREAS, HIGHWAYS will relocate and reconstruct or arrange for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities made necessary by the construction of the joint flood control and highway project; and WHEREAS, COUNTY will negotiate an agreement with HIGHWAYS concerning the reimbursement to HIGHWAYS of cost for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of PROJECT at an estimated local cost of $5,560,000; and -2- • IWHEREAS, D1r'R will make reimbursement for all necessary rights -of -way; and for all costs in the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities within the limits of the PROJECT right-of-way, except for rights -of -way not necessary for PROJECT or for any excesses of equivalent replacement over the existing facilities, such excesses considered betterments; and WHEREAS, any rights -of -way not necessary for PROJECT or any modifica- • tions other than equivalent replacement of streets, bridges,' utilities, and irrigation and drainage facilities under the CITY'S jurisdiction required . solely due to the construction of PROJECT are considered betterments and therefore the responsibility of the CITY to the COUNTY as Administrator of PROJECT; and WHEREAS, on April 13, 1965, CITY adopted Resolution No. 8882, whereby it requested COUNTY to give the assurances required by the United States to provide the local cooperation necessary for the construction of the project, and further, agreed to make payment to COUNTY for those nonreimbursable costs, considered betterments, in the reconstruction of streets, bridges, utilities,and irrigation and drainage facilities; and WHEREAS, on June 15, 1971, City Council approved a contribution for proposed betterments to the National Avenue Bridge; ' NOW, THEREFORE, it is agreed as follows: SECTION I COUNTY.AGREES: 1. To acquire all necessary rights -of --way and relocate -utilities for PROJECT not covered by Cooperative Agreement between the COUNTY and HIGHWAYS dated ?larch 17, 1970. -3- Z. To prepare plans and specifications for relocation and reconstruc- tion of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of the flood control channel and not covered by the aforementioned Cooperative Agreement between the COUNTY and HIGHWAYS dated March 17, 1970, and the proposed Cooperative Agreement between COUNTY and HIGHWAYS covering construction and maintenance of bridges.' 3. To cause to be constructed the aforesaid relocation and reconstruction. 4. To bear any nonreimbursable costs for aforesaid rights -of -way, relocation and reconstruction within the unincorporated area of the COUNTY. S. On completion of the Second Avenue channel crossing structure, to accept full responsibility for the Second Avenue roadway section, including the travelled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities. 6. To make all necessary negotiations and agreements with the United States Government for the maintenance of PROJECT including the flood control channel and appurtenances within the flood control channel right-of-way. - 7. To furnish to the CITY, prior to April 1 of each year, an estimate of its share of the maintenance costs for the subsequent fiscal year for all improvements other than channel crossing structures, lying within PROJECT. right-of-way. 8. COUNTY agrees to submit claims to DWR for Local Flood Control costs. COUNTY further agrees to pay HIGHWAYS for those costs by HIGHWAYS for Local Flood Control purposes and which have been reimbursed to COUNTY by OUR. -4- SECTION II ) - CITY AGREES: 1. To bear that share of the rights -of -way costs within the CITY limits of National City that are determined to be nonreimbursable by OUR. 2. To bear that share of costs for relocation and reconstruction of existing streets, bridges, utilities and irrigation and drainage facilities within the CITY limits of National City that are determined to be nonreim- bursable by DWR. 3. Upon receipt of notice of completion of the Highland Avenue and National Avenue channel crossing structures, and at no cost to COUNTY, to accept full responsibility for the entire portions of the above -mentioned structures lying within the flood control channel right-of-way. 4. CITY shall pay to the COUNTY 30.7% of the cost of maintaining all improvements, other than aforementioned channel crossing structures, lying within the flood control channel right-of-way. 5. CITY agrees to pay 30.7% of all Local Flood Control costs which have not been reimbursed by Db(R and which have been incurred by HIGHWAYS after 10 years following completion of construction of the project. 6. CITY shall pay the COUNTY, within 60 days of notice, CITY'S share of the aforementioned maintenance cost. SECTION III IT IS MUTUALLY UNDERST00D AND AGREED: 1. The determination of DilR concerning reimbursability will be binding on all parties to this Agreement. -5- 2);,'That neither COUNTY nor any officer or employee thereof shall be responsible for any damages or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also under- stood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for, injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in any connection with work, authority or jurisdiction delegated to CITY under this Agreement. 3. That neither CITY nor any officer or employee thereof shall be responsible for any damages or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, author- ity or jurisdiction not delegated to the CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 695.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in any con- nection with work, authority or jurisdiction not delegated to CITY under this Agreement. . ,4. That.the provisions of this Agreement, and its execution, shall not be effective or binding upon CITY or COUNTY unless other related agreements essential to completion of the project are duly executed by COUNTY with the agencies listed below: AGENCY City of Chula Vista Port District State of California, Division of Highways -5= Channel Maintenance Channel Maintenance Bridge Reconstruction and Maintenance 5. In the event•of any changes in the boundaries of the unincorporated area, the City of Chula Vista or the City of National City, the percentage of channel maintenance costs stated in Section II-5 will be adjusted to reflect such changes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their properly authorized officials. COUNTY.OF SAN DIEGO Ass't. Clerz,board of Supervisors DateAugust 21, •1984 (28) ATTEST ROBERT D. ZUMWALT County Clerk liy Deputy CITY OF NATIONACITY ATTEST By Title Mayor Date July 20, 1984 • APPROVED AS TO FORf1: By 171/ of im County Counsel City Attorney APWOYed by the Board of Supervisors or the County of San Diego AUG 21 1984 10-c‘ Cock, or trio Bo,ua or Su 1oors -7- City Clerk By PW/AGREEhIENT NATIONAL/CTY RESOLUTION NO. 14,376 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY (Sweetwater Control Channel) 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, a Cooperative Agreement between the County of San Diego and the City of National City as it applies to the Sweetwater Control Channel. PASSED and ADOPTED this 17th of July, 1984. ATTEST: L... Cheryl Newell From: Jose Lopez Sent: Tuesday, February 26, 2019 4:32 PM To: Cheryl Newell Subject: RE: Reso 14,376 Attachments: Cooperative Agreement between County of SD & NC.PDF Cheryl, See attached. I found my executed copy of the agreement. I've scanned it in, but you might want to add this to Questys. Thanks, Jose Lopez, PE Associate Engineer - Civil City of National City Engineering & Public Works Department 1243 National City Blvd National City, CA 91950 Office: (619) 336-4380 Direct: (619) 336-4312 Fax: (619) 339-4397 E-mail: jlopez@nationalcityca.gov The City of National City is open Monday through Thursday from 7:00 a.m.-6:00 p.m.; Offices are closed on Fridays. For more information, please visit www.nationalcityca.gov. For more information regarding Capital Projects, please visit www.nationalcityprojects.com Original Message From: Cheryl Newell Sent: Tuesday, February 26, 2019 1:34 PM To: Jose Lopez <jlopez@nationalcityca.gov> Subject: Reso 14,376 Attached file CC RESO 14,376.pdf; 1