HomeMy WebLinkAboutReso 2002-523 RESOLUTION NO. 2002-523
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MITIGATION AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND BROOKFIELD
SHEA OTAY, LLC FOR THE IMPLEMENTATION OF THE
VILLAGE 11 PROJECT, HUNTE PARKWAY EXTENSION
PROJECT, EASTERN OTAY RANCH DRAINAGE
FACILITIES PROJECT, AND THE SALT CREEK
INTERCEPTOR SEWER PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, sensitive biological resources shall be impacted as a result of the
implementation of four (4) separate projects proposed by Brookfield Shea Otay, LLC (BSO) and
the City; and
WHEREAS, the four projects are referred to as follows:
(1) Village 11 Project, as described in the U.S. Army Corps of Engineers CACOE'')
Section 404 Nationwide Permit Authorization (referred to as the "Village 11
Project") (Applicant: BSO);
(2) Hunte Parkway Extension Project (Applicant: City);
(3) Eastern Otay Ranch Drainage Facilities Project (Applicant: BSO);
(4) Salt Creek Interceptor Sewer Project (Applicant: City); and
WHEREAS, implementation of the four projects will result in impacts to jurisdictional
waters of the United States (wetlands) and upland habitat; and
WHEREAS, the U.S. Army Corps of Engineers, California Department of Fish and
Game, U.S. Fish and Wildlife Service and the State Regional Water Quality Control Board
(Resource Agencies) have issued permits authorizing commencement of work within these four
areas; and
WHEREAS, the parties intend that BSO shall be solely responsible for implementing all
mitigation and funding obligations arising from the Village 11 Project, Hunte Parkway Extension
Project, and the Eastern Otay Ranch Drainage Facilities Project; and
WHEREAS, the parties further intend that the City be solely responsible for
implementing all mitigation and funding obligations arising from the Salt Creek Interceptor
Sewer Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a mitigation agreement, in substantially the form attached with minor
amendments approved by the City Attorney and the Director of the Building and Planning
Deptu hnent, between the City of Chula Vista and BSO, for the implementation of the Village 11
Project, Hunte Parkway Extension Project, Eastern Otay Ranch Drainage Facilities Project and
the Salt Creek Interceptor Sewer a copy of which shall be kept on file in the Office of the City
Clerk.
Resolution 2002-523
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Robert A. Leiter
Planning and Building Director
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of December, 2002, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
A'F~'EST:
Susan Bigelow, City Clerl~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-523 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of December, 2002.
Executed this 17th day of December, 2002.
Susan Bigelow, City Clerk