HomeMy WebLinkAboutReso 2019-088RESOLUTION NO. 2019-088
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT USE AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF
CHULA VISTA FOR THE COLOCATION OF THE CITY OF
SAN DIEGO’S EXISTING 27-INCH OTAY VALLEY TRUNK
SEWER IN THE FUTURE EXTENSION OF FAIVRE STREET
WHEREAS, City of San Diego (“San Diego”) is engaged in the activity of conveying
wastewater to the environs of the City of San Diego, State of California; and
WHEREAS, San Diego owns, operates and maintains the existing 27-inch Otay Valley
Trunk Sewer commonly known as San Diego Faivre Street Sewer Pipeline (“SDFSSP”), located
within an existing San Diego easement (“Easement”) within a new segment of Faivre Street
(“Street Segment”); and
WHEREAS, SDFSSP is located within the development commonly known as Otay River
Business Park (“ORBP”) project; and
WHEREAS, the Street Segment is a proposed public road to be located within the
jurisdictional boundaries of the City of Chula Vista (“Chula Vista”) between Broadway and
Fourth Avenue, south of Main Street; and
WHEREAS, Otay River Business Park, LP (“Developer”) is the developer of ORBP
project approved on March 6, 2018, by Tentative Map PCS 16-0006, pursuant to CV Resolution
No. 2018-041; and
WHEREAS, as a condition of the approval of the ORBP tentative map, Developer is
required to construct the Street Segment over a Chula Vista sewer easement as described in the
Joint Use Agreement and depicted in the exhibits to the Joint Use Agreement, to establish the
“Joint Use Area”; and
WHEREAS, as a condition of approval of the ORBP tentative map, Developer is required
to construct the Street Segment over the Easement as described and depicted in the exhibits to
the Joint Use Agreement; and
WHEREAS, Developer desires to construct, and Chula Vista desires to operate and
maintain the Street Segment, a future public transportation facility and related improvements,
including but not limited to: landscape, sewer and storm drain pipelines and appurtenances;
traffic signals and signal interconnections; along with other improvements located in, upon, over,
under, across, or abutting the Street Segment; and
WHEREAS, City of San Diego’s Public Utilities Department approves of the
construction of the Street Segment over the Easement and will continue to operate and maintain
SDFSSP and associated facilities and appurtenances for such purpose, under and across the to be
constructed Street Segment; and
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Resolution No. 2019-088
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WHEREAS, Chula Vista and San Diego desire to set forth their respective rights and
obligations in the event of actual or potential present or future conflicts in the construction,
operation, or maintenance of their respective facilities within the Joint Use Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Joint Use Agreement By and Between the City of San Diego and City of
Chula Vista, in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file i n the Office of the City
Clerk, and authorizes the City Manager or his designee to execute the agreement.
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Resolution No. 2019-088
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of June 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-088 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of June 2019.
Executed this 4th day of June 2019.
Kerry K. Bigelow, MMC, City Clerk
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