HomeMy WebLinkAboutReso 2020-085RESOLUTION NO. 2020-085
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA
AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM
REGARDING INSTALLATION AND MAINTENANCE OF
TRANSIT SHELTERS AND BENCHES THROUGHOUT THE
CITY, AND ALLOWING ADVERTISING ON SHELTERS AND
BENCHES INSTALLED IN ACCORDANCE WITH THE MOU
WHEREAS, per Resolution 2015-009, Chula Vista and MTS entered into a “Divestment
MOU” which divested transit services provided by Chula Vista Transit and incorporated said
services into the San Diego Metropolitan Transit System (MTS) network; and
WHEREAS, the Divestment MOU contemplated the City and MTS entering into a bench
and shelter contract via separate agreement; and
WHEREAS, MTS recently purchased new transit shelters with solar lighting and
receptacles for trash and recycling, and both agencies desire to install such transit shelters,
amenities and appurtenances at various locations throughout the City; and
WHEREAS, the new transit shelters and benches would improve the streetscape along
the various major City corridors where they are installed; and
WHEREAS, in order to provide for the installation of the new transit shelters and
benches it is necessary for the City and MTS to enter into an MOU to provide the parameters and
obligations of the parties with respect to such installations; and
WHEREAS, the parties have negotiated and, subject to City Council approval, agreed to
such an MOU. The MOU term is for a period of up to ten (10) years consisting of an initial five
(5) base years and five (5) one-year options; and
WHEREAS, Chula Vista Municipal Code (“CVMC”) Section 12.36.060 generally
prohibits the installation or maintenance of transit shelters, benches, and related appurtenances
within the City’s public right-of-way without first obtaining permission from the City’s Director
of Public Works; and
WHEREAS, the City’s Director of Public Works has authorized MTS and its contractors
to install and maintain transit shelters, benches, and related appurtenances within the City’s
Public Rights-of-Way in accordance with the terms and conditions of the MOU; and
WHEREAS, CVMC 12.36.070 generally prohibits advertising on any transit benches
installed in the public right-of-way; and
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Resolution No 2020-085
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WHEREAS, CVMC 12.36.070 provides that the City is exempt from the advertising
prohibition and further that the City Council, in its discretion, may permit the City to place
advertising on transit benches installed within the public right-of-way; and
WHEREAS, the MOU incorporates MTS Policy 21 into the agreement to serve as the
guidelines and regulations for advertising under the MOU, and authorizes the placement of
advertising on transit benches within the public right-of-way in accordance with the MOU and
MTS policy; and
WHEREAS, revenue generated from such advertising is intended to fund the purchase of
new transit shelters and benches, and the City and MTS have agreed to work cooperatively to
identify additional bench and shelter locations to be installed under the MOU; and
WHEREAS, City staff recommends that the City Council exercise its discretion pursuant
to CVMC 12.36.070 to authorize advertising on transit benches installed in accordance with the
terms and conditions of the MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Memorandum of Understanding Between the City of Chula Vista and
The San Diego Metropolitan Transit System Regarding Installation and Maintenance Transit
Shelters & Benches, in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk, and authorizes and directs the Mayor, or the City Manager or designee, to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
exercises its discretion pursuant to CVMC 12.36.070 to authorize advertising on transit benches
installed in the public right-of-way in accordance with the terms and conditions of the MOU.
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Resolution No. 2020-085
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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 5th day of May 2020 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. 2020-085 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 5th day of May 2020.
Executed this 5th day of May 2020.
Kerry K. Bigelow, MMC, City Clerk
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