4/8/2015 Item #10E Page 1

Size: px

Start display at page:

Download "4/8/2015 Item #10E Page 1"

Rudolf Dalton
5 years ago
Views:

1 MEETING DATE: April 8, 2015 PREPARED BY: Glenn Pruim DEPT. DIRECTOR: Glenn Pruim DEPARTMENT: Public Works CITY MANAGER: Lawrence A. Watt SUBJECT: A COOPERATION AGREEMENT BETWEEN NORTH COUNTY TRANSIT DISTRICT AND CITY OF ENCINITAS RECOMMENDED ACTION: Staff recommends that the City Council approve the Cooperation Agreement between North County Transit District and City of Encinitas STRATEGIC PLAN: This item relates to the Organizational Effectiveness and Efficiency and Transportation elements of the strategic plan. FISCAL CONSIDERATIONS: There are no direct costs associated with the recommended action. The city s costs of any specific actions/projects taken in relation to the Cooperation Agreement (CA) will be brought forward to the Council for approval or will be included in future budgets. BACKGROUND: The City of Encinitas is bisected by a rail corridor. The North County Transit District (NCTD) is the owner of the rail rights-of-way and operates the Coaster commuter train service that provides transportation services to thousands of commuters per day. In addition, passenger trains from Amtrak and freight trains from the Burlington, Northern and Santa Fe (BNSF) railroad operate along this corridor. While providing valuable transportation services for passengers and freight, the rail corridor provides several challenges for the city. The primary challenge is the restriction of vehicular, bicycle and pedestrian crossing locations. Other challenges include the conveyance of storm water runoff, noise from rail operations, safety and impacts to local businesses and residents. 4/8/2015 Item #10E Page 1

2 Similarly, from NCTD s perspective, there are challenges to operating rail services in an urban environment. These challenges include unauthorized right-of-way access by pedestrians, bicyclists and vehicles; storm water quality issues and limited options for parking to address future commuter demands due to development that has occurred along the rail corridor. DISCUSSION: Recognizing these challenges, staff from both agencies have been meeting regularly to discuss areas of common interests. Both agencies recognize that along with the challenges inherent with the existing situation, there are potentially great opportunities to address areas of mutual interest. In order to memorialize the shared interests and commitment to continue to work together toward these shared interests, it is recommended that both agencies enter into a Cooperative Agreement (CA). The CA establishes a framework for identifying specific projects as well as how the costs of those projects would be shared. Although the CA does not legally or financially bind either party to any particular projects or courses of action, it does lay out a broad framework for how the agencies would work together as well as identify the primary areas in which the cooperation would initially focus. The three areas of primary focus referenced in the CA include safety, active transportation and parking. Safety projects could include anything that would increase the safety of pedestrians, bicyclists, motorists, rail passengers, rail workers and any other persons in and adjacent to the rail corridor. Development of at-grade or grade-separated bicycle/pedestrian crossings is an example of projects that could be discussed in accordance with the CA. The NCTD right-of-way presents a unique opportunity to accommodate non-motorized transportation options in a setting that minimizes conflicts with vehicles. Active transportation projects could include bicycle paths, the Coastal Rail Trail and pedestrian/bicycle crossings. In addition to the health benefits of active transportation, walking and cycling reduces the number of vehicles on the roads and decreases congestion for all users. Parking solutions could be developed that would benefit both the city and NCTD, either collectively or individually. For example, the city has been working with NCTD to develop a pilot parking project within the NCTD corridor at the northeast corner of Highway 101/Leucadia Blvd to provide better parking for the commercial interests along this portion of Highway 101. The city is about to embark on a comprehensive parking study that would include parking in/along the rail corridor. NCTD has identified a need for nearly 300 additional parking spaces adjacent to the downtown Coaster station. There is not sufficient available land within the corridor in close proximity to the station to provide this parking and NCTD has initiated discussions with the city regarding possible parking structure locations ENVIRONMENTAL CONSIDERATIONS: Approval of this agreement is exempt from the California Environmental Quality Act (CEQA) because it is not a project per Section 15378(b)(5) of the CEQA Guidelines. 4/8/2015 Item #10E Page 2

3 ATTACHMENTS: A. Cooperation Agreement Between North County Transit District and City of Encinitas 4/8/2015 Item #10E Page 3

4 COOPERATION AGREEMENT BETWEEN NORTH COUNTY TRANSIT DISTRICT AND CITY OF ENCINITAS REGARDING SAFETY, ACTIVE TRANSPORTATION, AND PARKING IMPROVEMENTS This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF ENCINITAS (CITY), a municipal corporation and the NORTH COUNTY TRANSIT DISTRICT (NCTD), operating under and pursuant to Public Utilities Code Section , et seq., each referred to herein as a "Party" or collectively as the "Parties." The CITY and NCTD enter into this MOU with reference to the following recited facts: RECITALS A. NCTD owns railroad right-of-way (ROW) that traverses the CITY from north to south and located between Vulcan Avenue and Coast Highway 101 (NCTD ROW); B. CITY and NCTD desire to engage in joint discussions and work together to investigate, evaluate, and pursue safety, active transportation (bike and pedestrian) and parking improvements that benefit commercial businesses, residential properties, beach access, and transit users. NOW THEREFORE, pursuant to the terms set forth in this MOU CITY and NCTD agree as follows: 1. Joint Efforts and Cooperation. CITY and NCTD agree to work together and cooperate in good faith in order to jointly plan, create, and design safety, active transportation, and parking solutions within the NCTD ROW and along Vulcan Avenue, Coast Highway 101, San Elijo Avenue, the Encinitas City Hall, and the Encinitas COASTER Station, including to engage in joint discussions and conduct joint investigations, analysis, and evaluations. 2. Development Criteria and Objectives. CITY and NCTD agree that the development and design concepts that are formulated and created for safety, active transportation, and parking improvements shall accomplish the following goals and objectives (these goals and objectives are not set forth in any particular order of priority): a. Enhance safety by implementing improvements that better control access to and across the railroad right of way. b. Enhance active transportation opportunities by implementing improvements that improve the experience of transit users, bicyclists, and pedestrians. c. Enhance parking capacity to benefit commercial businesses, residential properties, beach access, and transit users. d. Ensure that the safety, active transportation, and parking improvements do not negatively impact current or future public transit use and operations by rail and bus. e. Ensure that the safety, active transportation, and parking improvements enhance the community character and have a positive impact on current or future plans. f. Increase economic development/revenues for both the City and NCTD. g. Minimize ongoing operating and maintenance costs of improvements. 3. Program of Projects. a. Development of safety, active transportation, and parking improvements within the NCTD ROW and along Vulcan Avenue, Coast Highway 101 and potentially along San Elijo Avenue. b. Development of safety, active transportation, and parking improvements between La Costa Avenue and A Street. 4/8/2015 Item #10E Page 4

5 c. Development of a parking facility on CITY property near the intersection of Vulcan Avenue and E Street to provide a long-term parking solution for the Encinitas COASTER station and Encinitas City Hall; d. Other projects that are consistent with the goals and objectives of this Agreement that are mutually agreed upon. 4. Project Planning and Design. CITY and NCTD agree to work together and cooperate (including providing sufficient staff time and funding for the costs of preparing and processing work) to engage in the joint formulation and creation of parking within the NCTD ROW and along Vulcan Avenue, Coast Highway 101 and potentially San Elijo Avenue. 5. Initial Scope of Work. CITY and NCTD will agree to a scope of work to be performed and other applicable criteria and factors necessary to initiate the work contemplated by this Agreement. The Parties shall jointly agree on and authorize work to be performed under this MOU. When hiring consultants, the Parties will agree on the scope of work to be performed and other applicable criteria and factors. The work product of all consultants will be jointly owned by the Parties. 6. Financial Considerations. With respect to potential redevelopment of the Encinitas COASTER Station for transit-oriented development, CITY and NCTD will share payment of all out-of-pocket costs for work performed by third parties pursuant to this MOU on an equal basis (fifty percent (50%) for NCTD and fifty percent (50%) for CITY) in an amount to be determined by both NCTD and CITY. 7. Elements that will be addressed in any potential subsequent Planning/Design and Construction Agreement. In the event one or more development and design concepts is/are found feasible in terms of meeting the agreed upon specified goals and objectives for that specific effort and is financially viable, the CITY and NCTD agree to the following activities: a. Engage the community for input and develop community awareness to ensure support for the project. b. Garner the approval of the governing boards of the respective agencies for the recommended concept approvals. c. Identify the funding required to support the project activities. d. Jointly pursue any external funding sources, such as grants. e. Enter into a final design and construction agreement that addresses: - Project Design, including preparation, plans, specifications, and estimates (PS&E); - Project Approvals process, permitting and timeline; - Public Improvements; - Project Financing; and - Ongoing maintenance and management of improvements. 8. Federal Interest in Property. The parties acknowledge that any incidental use of NCTD ROW with a federal interest will require review and approval by the Federal Transit Administration (FTA), compliance with FTA regulations requiring NCTD to maintain satisfactory continuing control over the NCTD ROW, and a determination that the proposed use does not interfere with current or prospective transit purposes. In addition, incidental use of NCTD ROW must be at fair market value. 9. Indemnification. No Party or any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Party under or in connection with any work, authority or jurisdiction delegated thereto under this MOU. It is understood and agreed that, pursuant to Government Code section 895.4, the Parties shall 4/8/2015 Item #10E Page 5

6 mutually defend, indemnify and save harmless one another, including all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by either Party under or in connection with any work, authority or jurisdiction delegated thereto under this MOU. 10. Financial Obligations of the Parties: a. That all financial obligations of NCTD under the terms of this MOU are subject to the appropriation of the required resources by NCTD and the approval of the NCTD Board of Directors, if required by policy. b. That all financial obligations of CITY under the terms of this MOU are subject to the appropriation of the required resources by CITY and the approval of the City Council of the CITY as may be required by state and/or local regulations. 11. Correspondence: Any correspondence required or permitted under this MOU may be personally served on the other Party, by the Party giving notice, or may be served by , fax or prepaid registered or certified USPS mail, return receipt requested, to any of the following addresses: For NCTD 810 Mission Avenue Oceanside, CA Attn: Bruce Petrozza Chief of Procurement and Contract Administration PH: Fax: For CITY 505 S. Vulcan Avenue Encinitas, CA Attn: Larry Watt Interim City Manager PH: Fax: Term and Termination: The term of this MOU shall expire on April 8, 2020 unless either Party hereto delivers written notice of termination to the other Party on or before April 8, If none of the Parties delivers written notice of termination on or before April 8, 2020, then the term of this MOU shall automatically be extended and continue from and after April 8, 2020 on consecutive six (6) month intervals that automatically renew until any Party delivers sixty (60) days advance written notice of termination at any time. In addition, any Party may elect to terminate this MOU at any time by delivery of sixty (60) days advance written notice. 13. Survival of Termination: The indemnification provisions of this MOU shall survive termination of this MOU. 14. Applicable Laws: This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 15. Binding of Parties: All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 16. Independent Entities: For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 4/8/2015 Item #10E Page 6

7 17. Method of Alteration: No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding not incorporated herein shall be binding on the Parties hereto. 18. Duties or Obligations: Nothing in the provisions of this MOU is intended to create duties or obligations to, or rights in, third parties concerning this MOU. 19. Execution of MOU: This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. The Parties further agree that a facsimile copy of the executed counterparts shall have the same force and effect as an original. IN WITNESS WHEREOF, the Parties have caused this MOU to be executed and delivered as of the last date of the Parties signature. NORTH COUNTY TRANSIT DISTRICT THE CITY OF ENCINITAS 4/8/2015 Item #10E Page 7

First Amendment to Easement Agreement with North County Transit District for the Cardiff Coastal Rail Trail.

First Amendment to Easement Agreement with North County Transit District for the Cardiff Coastal Rail Trail. MEETING DATE: November 14, 2018 PREPARED BY: Edward J. Wimmer, City Engineer DEPARTMENT DIRECTOR: Brenda Wisneski DEPARTMENT: Development Services, Engineering Division CITY MANAGER: Karen P. Brust SUBJECT: