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RESOLUTION NO. 2014-178 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 A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF LA MEDIA ROAD AND OTAY VALLEY ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
This Joint Use Agreement is for the colocation of water facilities owned by the City of San Diego within future segments of La Media Road and Otay Valley Road within Otay Ranch Village 8 West. The agreement outlines each party's responsibilities and obligations for the public right of way that is being used jointly for streets, landscaping, the City of San Diego's water facilities, sewer, storm drains, and other utilities authorized under the City of Chula Vista's franchise agreements.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approval of a Joint Use Agreement between the City of San Diego and the City of Chula Vista that defines the responsibilities and obligations for use of an easement is not a "Project" as defined under Section 15378 (b)(2) of the State CEQA Guidelines because approval of the agreement is a continuing administration activity; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
On November 14, 2013, with the adoption of Resolution 2013-271, the City Council approved the Tentative Subdivision Map for Otay Ranch Village 8 West subject to the condition that the developer, Otay Land, LLC, relocate the existing City of San Diego aqueducts within future segments of La Media Road and Otay Valley Road (see Attachment 1).
Otay Land has entered into an agreement with the City of San Diego to perform the actual relocation of water facilities which are generally described as 7,644 feet of 48" diameter steel pipe and 4,571 feet of 54" diameter steel pipe within future La Media Road and Otay Valley Road right of way, all within Otay Ranch Village 8 West. The facilities are described in greater detail on the City of San Diego drawing number 37708.
The intent of this joint use agreement is to set forth the rights and obligations for the City of Chula Vista and the City of San Diego in the construction, operation and maintenance of their respective facilities within the Joint Use Area.
The joint use agreement calls for the continued operation of each municipality's respective facilities and states that neither municipality has prior rights. The agreement becomes effective the earlier of (1) the City of Chula Vista's acceptance of La Media Road and Otay Valley Road right of way or (2) upon the City of Chula Vista's grant of easements to the City of San Diego for the joint use area.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
This project supports the City's Strategic Plan goals. The Economic Vitality is supported by generating new property taxes. The Healthy Community is supported by walkable community design. The Strong and Secure Neighborhoods goal is supported by sustainable infrastructure as detailed in the Village 8 West SPA plan.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact cost. All cost for relocating the pipeline will be provided by Otay Land.
ONGOING FISCAL IMPACT
After completion of the project, maintenance costs will be embedded in the various asset management elements of the respective facilities (i.e. pavement, storm drain, sewer and open space district maintenance of landscaping).
STAFF CONTACT
For any questions regarding this agreement, please contact Jamal Naji, Associate Civil Engineer, at (619)409-5921, or at email address jnaji@chulavistaca.gov.
ATTACHMENTS
Attachment No. 1: Location Map
Attachment No. 2: Joint Use Agreement between the City of San Diego and the City of Chula Vista