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HomeMy WebLinkAboutReso 1978-9035RESOLUTION NO. 9035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING COOPERATIVE AGREEMENT FOR COMMUTER BIKEWAY CONSTRUCTION BETWEEN THE CITY OF CHULA VISTA AND THE CITIES OF SAN DIEGO, NATIONAL CITY, IMPERIAL BEACH AND CORONADO, THE COUNTY OF SAN DIEGO AND THE STATE OF CALIFORNIA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Cooperative Agreement for Commuter Bikeway Construction between the CITY OF CHULA VISTA, a municipal corporation, and the Cities of SAN DIEGO, NATIONAL CITY, IMPERIAL BEACH and CORONADO, the COUNTY OF SAN DIEGO and the STATE OF CALIFORNIA, dated the 30th day of October 1978 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED Chula Vista be, and he is hereby said agreement for and on behalf Presen~~ b~y ~\ i` ' ` -_ 'Paul G.` ro ~s, Director of Community Development that the Mayor of the City of authorized and directed to execute of the City of Chula Vista. Approved as to form by ~-'~-~ George Lindberg, City Attor ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of March , 197g , by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen Egdahl L~, ' mayor of the City of Chu Vista ATTES ~ ~ City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk COPY District Agreement Na. 11-8118 COOPERATIVE AGREEMENT FOR COMMUTER BIKEWAY CONSTRUCTION This Agreement is Hereby Made and Entered into this 30th Day of October , 1978 By and Between -~,~ z ~,, ~~ ~.+ The City of San Diego, City of National City, City of Chula Vista, City of Imperial Beach, City of Coronado and the County of San Diego, all being bodies politic and municipal corporations of the State of California, hereinafter referred to individually by City name, San Diego County or collectively as "CITIES and COUNTY" AND The STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Transportation, District 11, hereinafter referred to as "STATE" DG~U~fi~~ JT f~~G. '7~ a~`)`5`7 vni~~ v~~~.:~~. ~~i":Lli A.Y 11~:~ 2 WITNESSETH WHEREAS, the Legislature of the State of California has allocated funds in accordance Mith Senate Bill 283, Statutes of 1975, for construction of _caemtuter bikeMaya t and WHEREAS, the Secretary of the Business and Transportation Agency has approved a request by the City of San Diego, as lead agency, for the allocation of funds to construct a commuter bikeway known as the $an Diego Bay Route Bikeway, hereinafter referred to as ROUTE, in the City and County of San Diego and the Cities of National City, Chula Vista, Imperial Beach and Coronado from the vicinity of Pacific Highway and Harbor Drive in the City of San Diego to the northerly end of Glorietta Boulevard in the City of Coronado, as generally shown by Exhfbit A= and WHEREAS, the City of San Diego proposes to incorporate bike lanes in City of San Diego's contract for construction of Switzer Creek Bridge along Harbor Drive which is the location of said ROUTE, and WHEREAS, the cost of providing bike lanes on the Switzer Creek Bridge is to be partially funded from Senate Bill 283 (Bike Centennial Route Improvements) monies and is the subject of a separate agreement between the STATE and City of San Diego, and WHEREAS, the City of National City proposes to award a contract for construction of bike lanes on the Seventh Street Channel Bridge along Harbor Drive which is the location of said ROUTE, and - 3 - WHEREAS, STATE funds other than those provided by this agreement have previously been allocated to the City of National City for the purpose of constructing bike lanes on the Seventh Street Channel Bridge, and WHEREAS, the STATE, in accordance with an executed cooperative agreement with the San Diego Unified Port District, proposes to construct a bridge over the Sweetwater River Flood Control Channel and to construct a portion of the "Tidelands Avenue Extension", as shown by Exhibit "A"; and WHEREAS, the City of Chula Vista proposes to construct a portion of the "Tidelands Avenue Extension" from the vicinity of the Sweetwater River Flood Control Channel to "G" Street, as shown by Exhibit "A"; and WHEREAS, the aforementioned "Extension of Tidelands Avenue" is a segment of said ROUTE: and WHEREAS, it is in the best public interest that, should contracts for constructing all or portions of the "Tidelands Avenue Extension" not be awarded before June 30, 1979, a temporary alternate bicycle facility should be constructed to provide continuity for said ROUTE until such time as the "Tidelands Avenue Extension" is completed; and WHEREAS, STATE has accepted a request made by CITIES and COUNTY to design and administer construction contracts for said ROUTE; and - 4 WHEREAS, ,CITIES and COUNTY desire to each maintain the portion of said ROUTE lying within their respective jurisdictions: NOW THEREFORE, in consideration of the above premises, the parties hereto agree to cooperate in the construction, funding and maintenance of said ROUTE within the above limits as follows: A. STATE agrees: 1. To perform surveys and prepare all contract plans and specifications as necessary for award of contracts for the construction of said ROUTE. This construction work may be performed with several contracts. The plans and specifications for each contract will be approved by the City of San Diego acting as lead agency and by the individual agency(a) within whose jurisdiction the project lies prior to advertisement of a construction contract. 2. To perform the appropriate environmental analysis and to prepare subsequent reports in order for the City of San Diego to obtain the project environmental clearances and permits necessary to construct said ROUTE. 3. To notify the agency (s) of CITIES and COUNTY having jurisdiction upon. award of any construction contract(s). 4. To construct said ROUTE in accordance with the aforementioned plans and specifications except for the widening of Switzer Creek Bridge in the City of San Diego, on Harbor Drive, the widening of the Seventh Street Channel Bridge in National - 5 - City on Harbor Drive and any such pavement striping and marking and miscellaneous work that CITIES and COUNTY may elect to perform with their own forces. 5. To perform all construction engineering services necessary to administer construction contracts for said ROUTE. 6. To acquire, in the name of individual jurisdictional agencies of CITIES and COUNTY and in fee or any lesser interest found by STATE to be necessary, such rights of way as may be required for construction of said ROUTE. Rights of way that may be required is generally described as follows: (a) between the Sweetwater Flood Control Channel Boat Ramp parking lot in National City and "G" Street in Chula Vista in the vicinity of the existing Sweetwater River and the San Diego Gas and Electric Company easement. (b) between Main Street and 19th Street in the City of San Diego in the vicinity of the Otay River. (c) between 7th Street in the City of Imperial Beach and the intersection of Glorietta Boulevard and Pomona Avenue in the City of Coronado along the abandoned San Diego Arizona Eastern Railroad right of way. 7. That upon submittal of detailed billing, to reimburse CITIES and COUNTY for necessary costs incurred in performing removal of existing pavement markings, application of new pavement markings and/or minor modification of existing facilities as required to construct said ROUTE. - 6 - 8. To reimburse the CITY OF SAN DIEGO, acting as lead agency, for necessary costs incurred in obtaining project environ- mental clearances and permits as required to construct said ROUTE. 9. That reimbursements due the individual parties to this agreement shall be made within 30 days of receipt of detailed statements. 10. To assume responsibility for maintenance, operation and associated coats of said ROUTE along portions of State Highway 75 where bike lanes are located within the existing highway right of way. B. CITY OF SAN DIEGO agrees: 1. To act as lead agency for the purpose of complying with provisions of the California Environmental Quality Act (CEQA) and thereby will acquire environmental project clearances and permits necessary to construct said Route. 2. To construct minimum 4 foot wide at-grade bike lanes on each side of Switzer Creek Bridge along Harbor Drive. Said construction is subject of a separate agreement. 3. To assume responsibility for maintenance, operation and associated coats of said ROUTE from the intersection of Pacific Highway and Harbor Drive to the south San Diego City Limits on Harbor Drive and from the intersection of Bay Boulevard and Main Street to the intersection of 19th Street and Palm Avenue. - 7 - C. CZTY OF NATIONAL CITY agrees: 1. To construct minimum 4 foot wide at-grade bike lanes on each side of the 7th Street Channel Bridge along Harbor Drive. ~. To assume responsibility for maintenance, operation and j associated costs of said ROUTE from the National City '~ Limits on Harbor Drive to the National City Limits in the vicinity of the Sweetwater River: ~'. To allow the STATE to design and contract for construction i of a temporary alternate bikeway facility, as generally ~, shown on Exhibit "A", should the City of Chula Vista or STATE be unable to construct all or portions of the ~ "Tidelands Avenue Extension" referred to in Paragraph 1, Section D of this agreement. D. ~ITY OF CHULA VISTA agreeas 1. To construct a segment of said ROUTE, at no cost to the STATE, by building a portion of the "Tidelands Avenue Extension", as generally shown on Exhibit "A", including ~~ on-street bike lanes from the vicinity of Sweetwater River Flood Control Channel to "G" Street in the City of Chula Vista. Such construction contracts shall be awarded prior to June 30, 1979. 2. To allow the STATE to design and contract for construction of a temporary alternate bikeway facility, as generally - 8 - shown on Exhibit "A", should the City of Chula Vista or STATE be unable to construct all or portions of the aforementioned "Tidelands Avenue Extension". 3. To assume responsibility for maintenance, operation and associated costs of said ROUTE and/or temporary alternate from the Chula Vista City Limits in the vicinity of the Sweetwater River to the Chula Vista City Limits in the vicinity of the intersection of Bay Boulevard and Palomar street. E. CITY OF IMPERIAL BEACH agrees: 1. Subject to acquisition of the abandoned San Diego, Arizona and Eastern railway right of way for said ROUTE, to assume responsibility for maintenance, operation and associated costa of said ROUTE from the intersection of 13th Street and Palm Avenue along 13th Street, Cypress Avenue, 7th Street and along a portion of separate bike path following the San Diego, Arizona and Eastern railway right of way from 7th Street to the Imperial Beach/Coronado City Limits. F. COUNTY OF SAN DIEGO agrees: 1. To allow STATE to contract for construction of said Route within the boundaries of the South Bay Marine Biological Study Area. Route alignment and construction through the biological study area to be approved by County Parks and Recreation Department and the U.S. Navy prior to - 9 - final design approval. 2. To assume responsibility for maintenance, operation and associated costs of said ROUTE within the County of San Diego from, the County Line near the intersection of Bay Boulevard and Palomar Street to the County Line near the intersection of Bay Boulevard and Main Street, and within the boundaries of the South Bay Marine Biological Study Area. G. CITY OF CORONADO agrees: 1. To assume responsibility for maintenance, operation and associated costs of said ROUTE along a separate bike path from the Imperial Beach/Coronado City limits to the vicinity of the intersection of Glorietta Boulevard and Pomona Avenue in the City of Coronado and thence along an on-street facility to the terminus of said ROUTE. H. IT IS MUTUALLY UNDERSTOOD AND AGREED that: 1. The total cost of said ROUTE to be borne by STATE under this agreement shall in no case exceed $850,000.00. 2. In the event that funds provided by STATE under this agreement are exhausted, CITIES and COUNTY are obligated to complete construction of said ROUTE only if additional State and/or Federal bicycle facilities funds are available. 3. CITIES and COUNTIES may make minor changes in the location - 10 - of said ROUTE, as generally shown on Exhibit "A", if such minor changes do not detract from the nse of said ROUTE as a commuter bikeway. 4. STATE is hereby authorized to acquire the necessary rights of way in the name of individual jurisdictions of CITIES and COUNTY, design and contract for construction of said ROUTE within the corporate limits of each respective jurisdiction that is a party to this agreement. 5. Upon authorization by the individual jurisdictions comprising CITIES and COUNTY, STATE may condemn for public transportation purposes, under the provisions of the Code of Civil Procedure relating to eminent domain, any rights of way necessary to construct said ROUTE in fee or any lesser interest found by STATE to be necessary. 6. The CITY OF SAN DIEGO will act as lead agency for the purpose of complying with provisions of CEQA and thereby will acquire project environmental clearances and permits in behalf of the other parties to this agreement and is delegated the authority to approve the advertising of construction contracts by STATE. 7. The City of San Diego fs hereby delegated by CITIES and COUNTY to act in their behalf as coordinator with STATE for the purpose of assuring continuity of design standards and details., 8. The design and construction of said ROUTE shall conform to the criteria and specifications established by - 11 - the State of California, Business and Transportation Agency, Department of Transportation for the "development, planning and construction of bikeways in California" dated August 1, 1976 or subsequent editions. 9. All construction contracts using STATE funding as provided by this agreement must be awarded by June 30, 1979. 10. The abandoned railway right of way from Imperial Beach to Coronado is to be acquired at a cost established by the STATE and before July 1, 1978. Otherwise, STATE will construct shoulder improvements along State Route 75 to accommodate bicycle travel from Imperial Beach to Coronado. 11. CITIES and COUNTY assume responsibility to initiate any on-street parking restrictions that may be necessary to construct and operate said ROUTE in conformance with the minimum design criteria referred to fn Paragraph 8 of this Section. When necessary, public hearings may be held for the purpose of evaluating alternatives to said parking restrictions. 12. CITIES and COUNTY may elect to perform their own pavement striping and marking and make minor modifications to existing facilities in accordance with STATE plans and the cost of such will be reimbursed by the STATE. 13. Maintenance and operation of said ROUTE shall include but not limited to regularly scheduled sweeping, replacement of signs and fences, repair of pavement surface, providing - 12 - security services, removal of storm debris and renewal pavement markings. 14. CITIES and COUNTY will bill STATE no more often than monthly for reimbuaement of costs necessary to implement their respective portions of the project. 15. CITIES and COUNTY will conduct under the leadership of the lead agency a post-construction evaluation program of said ROUTE after one year of operation. This evaluation will be done at no cost to STATE and will include but not be limited to a user survey and a compilation of construction, maintenance, safety and operational informa- tion. 16. This agreement may be terminated and its provisions may be altered, changed or amended by the mutual consent of all of the parties hereto. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective officers, duly authorized, the pro- visions of which agreement are effective as of this day, month and year after hereinabove written. - 13 - STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Direr f T sport Lion . j By Approval By Distr`~t Aire,ctor of Transportation ~,~ i ~,,~:, ...,, ~ :<< ~ , z_ ,/~ .I~PI~QY~:L' as ~ - ' r--~~- to ~ox'tn bar JOiai ~d: ~I'!'T', 'City .~ttornsg ~~~..~~_ CITY OF SAN DIEGO By Att CITY OfF,, T CITY By `- Attest IONS CAMPBELL /~ , BY ~~t~t~.c~.l~ ._ ~t -L~.d-G~--~ Deputy City Clerk CITY OF CHULA VISTA By .~Jz--~ ~ ~ ~~ Attes o~ L!~ C'C~. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA sy ,cam ~' , ' Attest .e , ,ire ~~..~~ ~- ~,.-~,~.r .~, ,.~t~ ~~~ CITY OF IMPERIAL BEACH BY 1~~in ~, ~ Attest ~s~-r- c: ~-y c ~c K~ CITY CORONADO By Attest COUNT F SAN IE?,GO Hy r C~erk of the Board of Supervisors Attest ~OBEi3T D. ZtJJ~W ty C1er1~ ~; G'~~£~ /j - lle~uty City Atto:~n r ®~ SWtTIER GR• \ BRIWE BEGINNING OF ~, [, "'~ =~~`" ` i4 Jas st~-+ ~ 3 ., ~ o`"~- r ;~ ~,~ 7rµ. sr. ~`" ~, cHauuE~ i /.• is ~ y _..~.,- '~•1'~ >~f, 1"' , z%.«.; • v ~+st EMD O61~RAT'G MTN MEt~INT60.9KT10N `•1 '~7yaM 6loRt6TTA 9WD. 4t(D tbKONA AVE- 9Yi~' i'~IAS IVcrth PACs= /C {JCL,' Island r'oF T ~r`~uo @,yS~oN ~_ a~9J~ ~y~C ~'~ mg ~J v ~ ~ - ~ ~. c w ,~ ro~~No ~ ~ ! .V' ~3 '4yE, Q. `~ a J' P `<- I ,9 ~~~ +\ ~3 ~3r . ~... ~~' <~d -. ~~: ROUTE TYPE LEGEND sus Roues °----' CIas3 I, B~Itewa bike patl^ sefwrnt'e - - ° °Ado~ted Bicycle ~re:ri ractdwiQ~ e.cclr4ivel~ fcr fatcytles. Routes C1a55 lt_~ C3 bitL~ Iar~ G2i roptdit3JYI4 fvr exctustve o aeml-ezcsu5s~e bict~tle use'. ----Existing Transit ~~~~~°~°""~"~°°'°"' GIo4a IA. B~ttewaU: Bike route shared i Recreational Activity uuith t»o!-oris~ and Qe3i~nrl~ed by sic{y;g, Ce:lter ~ic~-(z.i~ ServiC~,° - -~--- o ,moo ze;~ .~ ~_: ® FE[T GuFOnNa CEMfrtuEN* CY =.N.«!" --Cn SANS DIEGO B B A I Y K R E O W U A T Y E Recommended Route Lac~tion