2000-031RESOLUTION NO. 2000R- 31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) TO PURSUE ACQUISITION OF THE
SR91 EXPRESS LANES ADJACENT TO THE SR91
FREEWAY
WHEREAS, Assembly Bill No. 680, enacted as Chapter 107 of California Statutes of
1989 (the "enabling statute"), authorized the State of California Department of Transportation
CCaltrans") to enter into agreements with private entities for construction of transportation
facilities to supplement existing state-owned transportation facilities, to lease the privately
constructed facilities to such private entities for periods of up to 35 years, and to authorize such
private entities to charge tolls for the use of said facilities; and
WHEREAS, pursuant to the enabling statute, Caltrans entered into a Development
Franchise Agreement with CTP Corp, as predecessor to the California Private Transportation
Corporation (the "CPTC"), on December 31, 1990 (the "1990 Franchise Agreement"), which
1990 Franchise Agreement was subsequently amended and restated in 1993 by the Amended and
Restated Development Franchise Agreement (the "1993 Franchise Agreement"); and
WHEREAS, under both the 1990 Franchise Agreement and the 1993 Franchise
Agreement, Caltrans granted CTP Corp., and its successor CPTC, an exclusive franchise to
design, construct and operate a four-lane toll facility on California State Route 91 (the "SR91
Express Lanes"); and
WHEREAS, Caltrans has heretofore entered into a lease agreement pursuant to which
Caltrans leases to CTPC the right-of-way upon which the SR91 Express Lanes are constructed;
and
WHEREAS, the SR91 Express Lanes are located in the median of the eight-lane State
Route 91 in Orange County along a ten-mile route between the City of Anaheim and the
Riverside County line (the "SR91 Express Route"); and
WHEREAS, the 1993 Franchise Agreement contains provisions which are inimical to the
public interest and general welfare including, without limitation, a provision prohibiting Caltrans
from constructing additional public traffic lanes to relieve traffic congestion along said SR91
Express Route except for purposes of demonstrated public safety; and
WHEREAS, in December, 1997, Caltrans issued a Project Study Report which proposed
the addition of certain auxiliary lanes to the outside lanes of SR91 along the SR91 Express Route
for purposes of public safety; thereafter CTPC filed suit against Caltrans on March 5, 1999,
alleging that the activities of Caltrans with respect to the proposed auxiliary lanes violated the
noncompetition provision in the 1993 Franchise Agreement; and
WHEREAS, said lawsuit was subsequently settled under an agreement which prohibits
the construction of new auxiliary lanes by Caltrans along the SR91 Express Route until such time
as the average annual daily traffic (AADT) measured by Caltrans on SR91 has exceeded 370,000
for 12 consecutive months; and the Project Study Report projects the AADT on SR91 to be
352,000 in 2020, the last year covered by the Report; and
WHEREAS, as one of the State's most heavily traveled freeways, it is in the public
interest, and the interest of the hundreds of thousands of motorists who daily use SR91, that all of
the travel lanes on SR91, including the current SR91 Express Lanes, be operated by Caltrans in
order to ensure that additional travel lanes can and will be constructed when reasonably
necessary to protect the public health, safety and general welfare, and to reduce traffic
congestion, as determined by Caltrans at its sole discretion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that the City of Anaheim hereby requests and urges (i) the Govemor and Caltrans to pursue
acquisition of the current 1993 Franchise Agreement and fight-of-way lease from the CTPC, (ii)
operation of the current SR91 Express Lanes by the State of California, and (iii) the planning,
design, construction and operation of additional public travel lanes on SR91 as may become
reasonably necessary or desirable to relieve traffic congestion and to otherwise protect the public
health, safety and general welfare as determined at the sole discretion of the State of California.
BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to the
Governor and each member of the City's legislative delegation in the State Legislature.
THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED by the City
Council of the City of Anaheim this 15thday of February, 2000.
M;Y~ROF '~NAHEIM
ATTEST:
TC~y CLE~~K O ~ ~ ~:
F THE CITY OF ANAHEIM
34552.1
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-31 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 15th day of February, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-31 on the 15th day of February, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of February, 2000.
_./(~_._/-,/~, '/'- ~ Z-t · · '//X-.'/
CITY CI_'gK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-31 was duly passed and adopted by the City Council of the
City of Anaheim on February 15th, 2000.
THE CITY OF ANAHEIM