HomeMy WebLinkAboutReso 2010-291RESOLUTION 2010-291
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSTRUCTION AND
MAINTENANCE AGREEMENT BETWEEN THE
METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND
ARIZONA EASTERN RAILWAY, SAN DIEGO ASSOCIATION
OF GOVERNMENTS AND THE CITY OF CHULA VISTA FOR
CONSTRUCTION AND MAINTENANCE OF THE
BAYSHORE BIKEWAY
WHEREAS, on March 2, 1978, the Redevelopment Agency approved Resolution No.
107 and on March 14, 1978, the City Council approved Resolution No. 9035 to enter into a
Cooperative Agreement for Commuter Bikeway Construction with State of California
Department of Transportation (Caltrans,) the County of San Diego, and the Cities of Coronado,
Imperial Beach, National City and San Diego; and
WHEREAS, the Cooperative Agreement For Commuter Bikeway Construction is District
Agreement No. 11-8118 recorded as document No. 764957 and filed November 13, 1978; and
WHEREAS, the Cooperative Agreement requires the City of Chula Vista to assume
responsibility for maintenance, operation, and associated costs for all portions of the Bayshore
Bikeway within the City's jurisdiction; and
WHEREAS, on September 13, 2005, the City Council approved Resolution No. 2005-
311 to enter into a Freeway Maintenance agreement with the (Caltrans) for maintenance of the
Bayshore Bikeway along the west side of Interstate-5 from E street to the City's northerly
boundary; and
WHEREAS, the San Diego Association of Governments (SANDAL) is currently leading
the effort to have a portion of the Bayshore Bikeway constructed from H Street to Stella Street
through the City of Chula Vista, the City of San Diego and the San Diego Unified Port District's
jurisdiction in Year 2011, and a portion of the alignment will be constructed through the railroad
right-of--way operated and owned by the San Diego Metropolitan Transit System (MTS), a
Califomia public agency and the San Diego & Arizona Eastern Railway (SD&AE), a Nevada
non-profit corporation; and
WHEREAS, SANDAL has obtained the construction funding for the bike path from H
Street to Stella Street which is through the jurisdictions of the Cities of Chula Vista and San
Diego and the San Diego Unified Port District and expects to award a construction contract in
Fiscal Year 2010/2011; and
WHEREAS, before SANDAL can advertise the construction project, all agencies must
approve the construction and maintenance agreement; and
Resolution No. 2010-291
Page 2
WHEREAS, the parties agree that SANDAG will construct and the City of Chula Vista,
the City of San Diego, and the San Diego Unified Port District will each maintain their
respective portions of the Bayshore Bikeway after completion of the bike path construction; and
WHEREAS, SANDAG is also working with the City of San Diego and the San Diego
Unified Port District for maintenance of the portion of the bike path through their respective
jurisdictions; and
WHEREAS, the portion of the Bayshore Bikeway from H Street through Assessor Parcel
No. 571-330-2300 that ends just north of the north side of Marina Pazkway is within the
jurisdiction of the San Diego Unified Port District; and
WHEREAS, the portion of the Bayshore Bikeway generally described as having an
alignment located within the public right of way north of the north curb line of Marina Parkway,
then east to the intersection of Bay Blvd/J Street/Marina Parkway, then generally south on Bay
Blvd., then west to the railroad right-of--way, then south to where it turns to the east and leaves
the railroad right-of--way to enter the public right-of--way of Bay Blvd. neaz the Interstate-5
southbound ramps located between L Street and the Moss Street extension, then to the south City
limits at Palomar Street within the jurisdiction of the City of Chula Vista; and
WHEREAS, the portion of the Bayshore Bikeway generally located from Palomar Street
to Stella Street is located within the City of San Diego's jurisdiction while the roadway, located
to the east, is generally within the City of Chula Vista's jurisdiction; and
WHEREAS, the Cities and County assume responsibility to initiate any on-street parking
restrictions that may be necessary to construct and operate said route; and
WHEREAS, on June 11, 2009, the City of Chula Vista's Safety Commission approved a
Resolution prohibiting on-street parking on Bay Blvd. from the Moss Street extension to Palomar
Street to allow for the future Bayshore Bikeway Bike Path.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve MTS Document No. G1345.0-11/SDAE 700 between the City of
Chula Vista, and the San Diego Metropolitan Transit System, a California public agency, the San
Diego & Arizona Eastern Railway, a Nevada non-profit corporation and the San Diego
Association of Governments and authorize the Director of Public Works to sign the agreement.
Presented by
Approved as to form by
__
Rich d A. Ho tins len R. Goo ins
Director of Public orks City orney
Resolution No. 2010-291
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of December 2010 by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Aguilar, Bensoussan and Cox
None
Castaneda
Ramirez
.,
/ ,, ~
Cheryl {Cox, ayor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-291 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of December 2010.
Executed this 14th day of December 2010.
/t~~-~t-L~~ii /Y0~
Donna R. Norris, CMC, ity Clerk