HomeMy WebLinkAboutReso 2003-209 RESOLUTION NO. 2003-209
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT FOR
CONTRIBUTION OF FUNDS BY AND BETWEEN THE CITY
OF CHULA VISTA AND SAN DIEGO EXPRESSWAY, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, THROUGH
CALIFORNIA TRANSPORTATION VENTURES, INC., A
CALIFORNIA CORPORATION, ITS GENERAL PARTNER,
AND APPROPRIATING $1,414,500 FROM THE INTERIM
STATE ROUTE 125 DEVELOPMENT IMPACT FEE FUND
WHEREAS, Center for Biological Diversity, Preserve South Bay, San Diego Audubon
Society, Sierra Club and Preserve Wild Santee are Plaintiffs (collectively, hereinafter,
"Plaintiffs") in litigation challenging federal environmental approvals for the State Route 125
South Project (Case No. 01 CV 1876 JM (POR)). The litigation was filed against three federal
defendants: Federal Highway Administration, U.S. Fish and Wildlife Service, and the U.S. Army
Corps of Engineers; and
WHEREAS, San Diego Expressway, L.P. (SDELP) intervened as a defendant in the
federal litigation. SDELP, as assignee of California Transportation Ventures (CTV), has entered
into that certain Development Franchise Agreement, dated January 6, 1991, with the State of
California, Department of Transportation that grants SDELP the right to design, build, operate
and maintain the State Route 125 South toll road project ("Project"), a portion of which is within
the boundaries of the City of Chula Vista; and
WHEREAS, by order filed March 10, 2003, the U.S. District Court denied Plaintiffs'
Motion for Summary Judgment and granted Defendants' and Intervenors' Cross Motions for
Summary Judgment in the federal litigation; and
WHEREAS, Plaintiffs Center for Biological Diversity, Preserve South Bay, and Preserve
Wild Santee (collectively, "Settling Plaintiffs," each individually, a "Settling Party"), and
SDELP have entered into a Settlement Agreement to settle the above-referenced federal
litigation and limit the possibility of an appeal of the District Court's judgment; and
WHEREAS, the project connects State Route 54 and Otay Mesa Road in San Diego
County, California, and is necessary to provide for orderly traffic circulafon in the South Bay
region of San Diego County, including the City of Chula Vista; and
WHEREAS, the project is a component of the City's General Plan; and
WHEREAS, the City will benefit from timely construction of the Project, which will
provide for orderly traffic circulation in the City; and
WHEREAS, the conclusion of the litigation described herein will allow construction of
the Project to proceed; and
WHEREAS, the settlement of litigation will prevent the need for any effort or
involvement by the City in said litigation; and
Resolution 2003-209
Page 2
WHEREAS, the City has funds available in the Interim State Route 125 Development
Impact Fee fund account and said funds may be expended for purposes of constructing an
interim facility and assisting in the construction of State Route 125.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the above recitals are all true
and correct.
BE IT FURTHER RESOLVED that from the facts presented to the City Council tonight,
the Council hereby approves in substantially the form attached hereto, the agreement between the
City of Chula Vista and San Diego Expressway, L.P., a California limited parmership
("SDELP") for contribution to the settlement of litigation and appropriates $1,414,500 from the
Interim State Route 125 Development Impact Fund.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement with minor changes approved by the City
Attorney and City Manager, for and on behalf of the City.
Prepared by Aproved as to form by
George Krempl,/ Ann Moore
Assistant City Manager City Attorney
Resolution 2003-209
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of May, 2003, by the following vote:
AYES: Cotmcilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Stephen P{[dilla, Mayor
ATI'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. 2003-209 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 May, 2003.
Executed this 20th day of May, 2003.
Susan Bigelow, City Clerk