HomeMy WebLinkAboutReso 1994-17763 RESOLUTION NO. 17763
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTAAPPROVING A CALIFORNIA ENDANGERED SPECIES ACT
MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA
DEPARTMENT OF FISH AND GAME RELATING TQ OTAY
VALLEY ROAD WIDENING, AUTHORIZING THE ISSUANCE OF
A LETTER OF CREDIT TO SECURE CITY'S OBLIGATIONS UNDER
SAME, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City Council on June 7, 1994, by Resolution 17518, accepted bids and
awarded a contract for Phases 2 and 3 of the Otay Valley Road improvements within
Assessment District 90-2, which phases include improvements to the 1,200 foot length of
Otay Valley Road immediately east of Nirvana Avenue; and,
WHEREAS, in order to implement Phases 2 and 3 of the Otay Valley Road Widening
Project, the City will need to disturb certain wetlands habitats in the path of the project which
are occupied by the endangered least Bell's Vireo; and,
WHEREAS, any project which causes such a disturbance requires a permit from the
California Department of Fish and Game ("Fish and Game") pursuant to Section 2081 of the
California Fish and Game Code; and,
WHEREAS, City staff has been negotiating the terms for this permit with Fish and
Game which terms are set forth in a California Endangered Species Act Memorandum of
Understanding ("Fish and Game MOU"); and,
WHEREAS, Council approval of the Fish and Garne MOU is necessary at this time in
order to permit the timely commencement and completion of the road widening project,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the California Endangeled Species Act Memorandum of Understanding with
the California Department of Fish and Game relating to Otay Valley Road widening, known as
document number CO94-278, a copy of which shall be placed on file with the City Clerk, and
authorize the issuance of a letter of credit to secure the City's obligations under same.
BE IT FURTHER RESOLVED that staff is authorized and directed to attempt to negotiate
modifications or amendments to the approved Fish and Game MOU, subject to approval of the
City Attorney, which eliminate or reduce the cost of the City's security obiigations thereunder.
Resolution No. 17763
Page 2
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Fish
and Game MOU, the Letter of Credit or other security documents required thereby, and any
related documents, in a final form approved by the City Attorney.
Presented by Appro ed as;ior~/~
ollaard
Chris Salomone
Director of Community Development City Attorne
Resolution No. 17763
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of December, 1994, by the following vote:
YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
S~irle~o~t~n, M~yor
ATTEST:
Beverly A~Auth;91et, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17763 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of December
1994.
Executed this 20th day of December, 1994.
~Aut&/2l~elet, Cit~y~Cl~r~kk'
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