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HomeMy WebLinkAboutReso 2019-007RESOLUTION NO. 2019-007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE METROPOLITAN TRANSIT SYSTEM, AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ASSIGNING RESPONSIBILITY FOR THE MAINTENANCE OF IMPROVEMENTS ASSOCIATED WITH THE SOUTH BAY BUS RAPID TRANSIT LINE WHEREAS, the San Diego Association of Governments (SANDAG) is constructing the South Bay Bus Rapid Transit (“SBBRT”) from downtown San Diego to I-805 then along East Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia, eventually continuing onto Hunte Parkway, and onto SR-125 to the Otay Mesa Intermodal Transportation Center in the southwest quadrant of the SR-905/Siempre Viva Road Interchange; and WHEREAS, the SBBRT is funded by the regional TransNet sales tax; and WHEREAS, the SBBRT is expected to provide Bus Rapid Transit (“BRT”) service for those commuting between downtown San Diego and the Otay Mesa Border Crossing is of regional importance to the Metropolitan Transit System (MTS), the City of Chula Vista (City), SANDAG, and the public; and WHEREAS, MTS intends to operate BRT services on the SBBRT; and WHEREAS, the City of Chula Vista owns, controls, and maintains certain lands and property for public transportation purposes along East Palomar Street, Raven Avenue, Eastlake Parkway, Birch Road and future local street network and BRT Guideway east of Magdalena Avenue and within the Otay Ranch Mall and Millenia project limits; and WHEREAS, the City, SANDAG, and MTS have engaged in negotiations for terms for a Joint Use and Maintenance Agreement, which is intended to clarify and establish the division of maintenance and respective responsibilities as to the area identified in Exhibit A of the subject Joint Use and Maintenance Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Joint Use and Maintenance Agreement by and between the City of Chula Vista, the Metropolitan Transit System, and the San Diego Association of Governments for the maintenance of improvements associated with the South Bay Bus Rapid Transit line, in the form presented, with such modifications as may be required or approved by the City Attorney. DocuSign Envelope ID: F2070F8B-D684-4EED-BDDD-98B2F3B2A53A Resolution No. 2019-007 Page No. 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, subject to the prior approval of the Joint Use and Maintenance Agreement by both the Metropolitan Transit System and the San Diego Association of Governments, it authorizes and directs the Mayor or designee to execute the same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager, or his/her designee, to approve amendments to the exhibits of the Agreement, upon mutual approval of Metropolitan Transit System and the San Diego Association, to update the scope of work required under the Agreement in a form approved by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that a copy of the fully executed Joint Use and Maintenance Agreement shall be kept on file in the Office of the City Clerk. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: F2070F8B-D684-4EED-BDDD-98B2F3B2A53A Resolution No. 2019-007 Page No. 3 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of January 2019 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-007 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of January 2019. Executed this 15th day of January 2019. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: F2070F8B-D684-4EED-BDDD-98B2F3B2A53A