HomeMy WebLinkAboutReso 2015-001 RESOLUTIOI�' 2015-001
RESOLUTIOI�' OF THE CITY COUI�'CIL OF THE CITl' OF
CHULA VISTA APPROVII`'G A FREEWAl' MAII�'TENAI�CE
AGREEI�4EI�'T BETV�'EEir' THE CIT1' OF CHLiL.A VISTA AND
THE SAI�' DIEGO ASSOCIATIOI� OF GO\'ERNh4Ei�'TS FOR
SELECT MAII�TEI�'ANCE TASICS AT LOCATIO?�'S WITHII�'
THE RIGHT-OF-V�'A1' OF STATE ROUTE 12� (SR-125)
R'HEREAS, the City of Chula Vista and South Ba}� Expresswav, LLC (SBX) entered
into an aereement. entitled Cit�� of Chula Vista Toll Road Aereement ���ith San Dieao
Espress���a�� Limited Partnership (SDELP) and A�reement Affecting Real Propem, dated April
16. 2002, and recorded in the office of the San Dieao Count�� Recorder as Document No. 2002-
03�8671 on April 29, 2002, (the "Toll Road Agreemenr'), �ti�hich sets forth certain actions �+�ith
respect to completino State Route 12� (SR-12�) as it e�ists ���ithin the jurisdictional boundar�� of
the Cit�� (the "Project `); and
WHEREAS, on April 16, 2002, the Cit}� Council adopted Resolution No. 2002-119
approvine the Toll Road Agreement to facilitate development of SR-12� through the Cit�� of
Chula Vista: and
WHEREAS, right-of-�vay was dedicated to the Cih- as part of the development in the
eastem territories and once SR-12� construction was environmentally cleared. the City took
action several times to relinquish the right-of-way needed for SR-12� to Calvans; and
V�'HEREAS, Caltrans also took action to relinquish rieht-of-ti�ay to the City of Chula
Vista that �vas deemed e�cess as the desien-build process of SR-12� construction �vas nearing
completion; and �
WHEREAS, Caltrans is the o�imer of the State HighN�a}� System induding the right-of-
���av over and on ��hich the SR-12� toll road is conswcted: and
��'HEREAS, SR-12� ���as opened to the public by SBX on I�'o��ember 16. 2007 and N�ill
be operated as a toll facilin� for 3�-}�ears. until \'ovember 1�, 20�2; and
�1'HEREAS. on or about April 2011, SBX emerged from banl:ruptcy proceedings and
there is now a need to enter into a maintenance agreement (Aereement) for those azeas on City
streets that intersect SR-12� �vithin the State Right-of-�vay, defined and sho�vn in the Agreement;
and
WHEREAS, on December 21, 2011. the San Diego Association of Govemments
(SAI�'DAG) purchased SR-12�; and
Resolution No. 201�-001
Page No. 2
WHEREAS, SBX assigned all of its rights, title and interest in and to the Development
Franchise Agreement as amended, including, but not limited to, the associated leasehold interest
held by SBX, to SANDAG with the consent of Caltrans; and
WHEREAS, Caltrans is the owner of the SR-125 right-of-way and SANDAG has entered
into a lease with Caltrans for the use and the operation and maintenance of SR-125; and
WHEREAS, it is necessary to enter into an agreement with SANDAG in order to clarify
the maintenance duties related, but not limited to, the preservation, protection, upkeep and
restoration of the general physical features of the roadways crossing SR-125 including
landscaping features and systems; roadsides as well as safety and regulatory features, devices
and appurtenances built by the Project within the SR-125 right-of-way areas that the local streets
pass through, over or under, the City of Chula Vista; and
WHEREAS, SANDAG and the City of Chula Vista desire to enter into a formal
agreement which will be in place until the franchise ends on November ]5, 2042 at which time,
the City may then enter into a new freeway maintenance agreement with Caltrans; and
WHEREAS, the City and SANDAG desire to enter into this Agreement setting foRh the
PaRies' obligations, which shall indude but not be limited to the maintenance and operation of
traffic signals, street and safety lighting, drainage systems, and all associated components and
appurtenances; which shall include but not be limited to controller bo�es, conduit, traffic signal
standards, advance detector loops, mast arms, luminaires, pull boxes, storm drain inlets,
cleanouts, pipes, roadway surface pavement, pavement markings, curb, gutter and sidewalk, and
associated landscape maintenance within the State right-of-way areas and for the local streets
that intersect with SR-125; and
WHEREAS, the Development Services Director has reviewed the proposed activity for
compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project ` as defined under Section 15378(b)(2) of the State CEQA Guidelines
because the proposed maintenance agreement consists of a continuing administrative action
involving the City's obligation for maintaining local streets that cross SR-125. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Free���a}� Maintenance agreement between the City of Chula Vista
and SANDAG for select maintenance tasks at locations within the right-of-way of SR-125.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City.
Resolution No. 201�-001
Pase I�'o. 3
Presented b�- Approved as to form b.�
R�chard A. Hopkins GI n R. ogins
Director of Public N'orks Cit_ tt ev
PASSED. APPROVED. and ADOPTED b�� the Cit�� Council of the Citv of Chula Vista.
Califomia, this 6th da�� of Januam 201� bv the follow�in� vote:
AYES: Councilmembers: Aeuilaz. Bensoussan. n9cCann and Salas
I�'AYS: Councilmembers: None
ABSENT: Councilmembers: None
'� ���
Maz alas. Mavor
ATTEST:
��_ �, . �,�
Donna R. Noms: CMC. Cin� Clerk
STATE OF CALIFORI�'IA )
COUI`'TY OF SAN DIEGO )
CITl' OF CHLTLA VISTA )
I. Donna R. I`'orris. Citv Clerk of Chula Vista_ California. do hereb�� certifi� that the foreaoine
Resolution No. 201�-001 �+�as duh� passed, appro��ed, and adopted b}� the Cih� Council at a
reeular meetina of the Chula Vista Cin� Council held on the 6th da}� of Januarv 201�.
Esecuted this 6th dav of Januan� ZOl�.
��� �. ���
Donna R. 1`'orris. CMC. Cit�� Clerk