06-0226_ORANGE COUNTY TRANSPORTATION AUTHORITY_Cooperative Agreement2
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U
E
COOPERATIVE AGREEMENT NO. C- 6-0815
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
CITY -INITIATED TRANSIT EXTENSIONS TO METROLINK
THIS AGREEMENT is made and entered into this CW "Iay of
2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O.
Box 14184, Orange, California 92863-1584, a public corporation of the State of California
(hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local
Transportation Authority, and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, California, 92675, a municipal corporation and charter city duly organized and existing
under the constitution and laws of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego
Counties and the Inland Empire to be the core of Orange County's future rail transit system; and
WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based
transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors, and/or
employees; and
WHEREAS, the funds allocated through this program must comply with the 1990 Measure M
ordinance which states in part that the intent is to provide matching funds to encourage development
of extensions to major activity centers and providing access between the primary rail system and
employment centers; and
WHEREAS, CITY is encouraged to enter into written agreements with other cities to
collaborate in some or all facets of a planning and needs assessment to support this vision; and
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AGREEMENT C-6-0815
WHEREAS, Measure M funds have been designated for cities to study ways to accomplish
this; and
WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which
will factor in, among other elements, community interests and desires; and
WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure
M funds to a program designed to enable cities that wish to develop a local transit vision including
defined enhancements and transit extensions to Metrolink that work best with their local
community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and
WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and
AUTHORITY has found such concept acceptable; and
WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project
Concept; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the terms and
conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1
work and supersedes all prior representations, understandings and communications between the
parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the
validity of the other terms or conditions.
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• • AGREEMENT C-6-0815
ARTICLE 2. SCOPE
A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in
connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services
identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY
and CITY agree that each will cooperate and coordinate with the other in all activities covered by this
Agreement and any other supplemental agreements.
B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of
this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such
performance or to future performance of such terms or conditions and CITY's obligation in respect to
performance shall continue in full force and effect.
C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY
unless confirmed in writing by an authorized representative of AUTHORITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 3. RESPONSIBILITES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work:
A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT,
for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be
distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an
amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right
to accept or reject any Project Concept.
B. Should CITY not complete the services identified in Exhibit A, or does not meet the
terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the
CITY within sixty (60) days of AUTHORITY's written demand.
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• AGREEMENT C-6-0815
C. Additional Funding- Funding beyond what has been identified in Article 5.
PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a
date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to
the any future step in the GO LOCAL process.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for GO LOCAL Step 1 work:
A. Lead Aaencv- CITY will act as the lead agency for the GO LOCAL Step 1 work.
However, CITY may designate pursuant to a written partnership letter of agreement that another city
participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a
copy of this letter within ten (10) days after the agreement has been executed.
B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written
agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall
deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution.
C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to
AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial
Progress Report," attached to and, by this reference, incorporated in and made part of this
Agreement. CITY shall be required to produce a final written report of its findings,
recommendations, and next steps according to a mutually agreed upon date, but no later than the
completion date of this Agreement. The Final Report will include the elements described in Exhibit
C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this
reference, incorporated in and made part of this Agreement.
D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the
services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local
Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth
Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance
with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property
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•
• AGREEMENT C-6-0815
through eminent domain or as matching funds to implement land development, all monies funded to
the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand.
AUTHORITY shall have sole discretion in determining whether the Project Concept has been
developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this
Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has
utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's
determination and written request, CITY shall return all monies in accordance with this Article.
E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed
agreement and scope of work for services to be performed by third parties in fulfillment of the Project
Concept within thirty (30) days after the agreement has been executed.
F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1
in a good and competent and professional manner and in compliance with all applicable federal,
state and local rules and regulations.
G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that
project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling
available.
ARTICLE 5. PAYMENT
A. For CITY's full and complete performance of its obligations under this Agreement and
subject to the maximum cumulative payment obligation provisions set forth in this Agreement,
AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars
($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of
acceptable invoice.
J
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• • AGREEMENT C-6-0815
B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project
Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and
incorporated by reference, for work performed under this Agreement. The Certification shall include,
but not be limited to, period of performance, actual expenses; classification, hours and rates of in-
house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1
phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time
during the performance of this Agreement. CITY will be required to submit to AUTHORITY all
information requested within thirty (30) days from AUTHORITY's request.
ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's
direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include
all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work.
ARTICLE 7. AUDIT AND INSPECTION
CITY shall maintain a complete set of records in accordance with generally accepted
accounting principles and in accordance with Local Transportation Ordinance Number 2: The
Revised Traffic Improvement and Growth Management Ordinance. The original records shall be
maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized
representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts
and other data and records of CITY for a period of not less than four (4) years after final payment, or
until any on-going audit is completed whichever is longer. For purposes of audit, the date of
completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so
noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any
documents related to this Agreement by whatever means necessary.
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• • AGREEMENT C-6-0815
ARTICLE 8. INDEMNIFICATION
CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and
agents from and against any and all claims (including attorney's fees and reasonable expenses for
litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
compensation subrogation claims, damage to or loss of use of property caused by the negligent
acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
connection with or arising out of the performance of this Agreement.
ARTICLE 9. ADDITIONAL PROVISIONS:
The AUTHORITY and CITY agree to the following mutual responsibilities:
A. Term of Agreement- This Agreement shall continue in full force and effect through
December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this
Agreement may only be extended upon mutual written agreement by both Parties.
B. Termination- The AUTHORITY may terminate this Agreement for its convenience any
time, in whole or part, by giving CITY written notice thereof.
C. Modifications- This Agreement may be amended in writing at any time by the mutual
consent of both Parties. No amendment shall have any force or effect unless executed in writing by
both AUTHORITY and CITY.
D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized
to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the
Parties hereto are formally bound to the provisions of this Agreement.
E. Notices- Any notices, requests or demands made between the parties pursuant to
this Agreement are to be directed as followed:
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1 11 To CITY:
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•
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: William Huber,
Assistant City Manager
0 AGREEMENT C-6-0815
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Kathleen Murphy -Perez,
Section Manager, Capital Projects
(714/560-5743); kperez@octa.net
c: Paul Taylor, Executive Director,
Development Division
F. Severability- If any term, provision, covenant or condition of this Agreement is held to
be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement- This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute the same agreement. Facsimile signatures will be
permitted.
H. Force Maieure- Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
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0 0
AGREEMENT C-6-0815
I. Assignment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect.
Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the
waiver of any right to consent to such subsequent assignment.
J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in
amounts, or for purposes other than as authorized by local, State or Federal law.
K. Governing Law- The laws of the State of California and applicable Federal, State, local
laws, regulations and guidelines shall govern hereunder.
This Agreement shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0815 to be
executed on the date first above written.
CITY SAN JUAN CAPIST NO
BZ 44
avid . Svj6rliK
APPRQVED AS.TO FORM:
ORANGE COUNTY TRANSPORTATION AUTHORITY
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
By: "L?=
Kennard R. Smart, Jr.
General Counsel
By; Al OVA RECOMMENDED
JohR. Shaw
City Attorney BY:
Paul Taylor, E)SfaA D ector
Development Division
Dated: [Z I
Page 9 of 13
0
Go Local Project Concept Report
City of San Juan Capistrano
Tri -City Trolley System
0
AGREEMENT C-6-0815
EXHIBIT A
The City of San Juan Capistrano (City) is interested in exploring opportunities for a multi-purpose
trolley system that will service the San Juan Capistrano Metrolink station and beyond. The City will
evaluate partnership for this effort for a mutually beneficial transit service with the Cities of San
Clemente and Dana Point.
The study will target the tourism community, commuters (both existing and future), and residents
within the cities of San Juan Capistrano, San Clemente, and Dana Point. A trolley system could
lessen the parking demands in the downtown/train depot area, which is currently a challenge. The
study will identify destinations and activity centers for potential trolley stops and service through the
community (e.g., The Capistrano Depot, downtown, historic districts, library, and park-and-ride lots)
as well as provide a linkage with the neighboring cities of Dana Point and San Clemente. These
neighboring cities have downtowns, State beaches, harbors, and resort destinations, as well as a
Metrolink train station in San Clemente. The analysis will evaluate the transit needs of residents,'
visitors, and employees within the tri -city area with respect to access to/from the Metrolink system.
A trolley service would be beneficial in increasing tourism in the community by providing an easy -
access link from the train station to destinations and activity centers throughout the City and beyond.
It would benefit the existing commuters and encourage new commuters by providing alternative
means of transportation to the train station. A trolley service could potentially reduce vehicle demand
on City streets, thereby reducing emissions and improving air quality.
The city is looking for a safe, cost-effective way of achieving this goal. The City of San Juan
Capistrano, in conjunction with the partner cities, intends to hire a consultant to perform the study
who will be given community -wide objectives by each city relating to its individual needs, with
direction to find appropriate synergies to be used in the future. Study costs would be shared equally
among the three cities.
10/300, 0' �CS10603\SJC Pro ml Concent dans
0 0
AGREEMENT C-6-0815
EXHIBIT B
PROJECT CONCEPT
SIX-MONTH PROGRESS REPORT
City/Date:
A. Project Overview Progress Report
Prepared By.
Please include a 200-300 word description of progress to date. To the extent possible, you
should describe what you are working on, your methodology, key staff and/or stakeholders,
and any preliminary results.
B. Project Resources
Please indicate all that apply:
♦ We've been utilizing consultants
(Name(s):
♦ We've been doing some or all
of the work in-house
♦ We have partnerships with:
(Include if not listed in Exhibit A)
C. Financial Report
Percentage of funding Committed Expended
We foresee obstacles to completion with funding. No Yes_
If yes, please explain in attachment:
Return to: Jeanne Spinner -LaMar, Manager, Local Initiative
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Page 11 of 13 11/8/2006
0 •
AGREEMENT C-6-0815
EXHIBIT C
PROJECT CONCEPT
FINAL REPORT OUTLINE
At the conclusion of Project Concept work, all cities will submit a Final Report within
days utilizing the outline below. Sections Five and Six below will constitute your
proposal for the next phase of work.
Summary of Project (1 page)
2. Study Questions (1 page)
3. Methodology Used 0 page)
4. Results (3-5 pages)
Report against the Evaluation Criteria, i.e. financial considerations, community
factors, transportation benefit.
5. Findings (4-5 pages)
Your analysis of the results
6. Next Steps
(5-7 pages)
Identify:
■ what you wish to do next,
• the methods you would use,
■ the staff, resources, and time you would need;
■ what you would expect to determine, and
■ the budget, your agency contribution, any partnerships and their contributions.
Return to: Jeanne Spinner -La Mar, Manager, Local Initiatives
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Page 12 of 13 11/8/2006
AGREEMENT C-6-0815
EXHIBIT D
PROJECT CONCEPT
Project Expenditures Certification
SAMPLE
Consultant
Contract
In-house
Total hours charged to
; TOTAL
Number
"%Yrtirj ',
Labor
project x fully burdened
I add A 8 8
1:11 92 1
hourly rate
ABC
001
Sr.
500 hours x $85/hr
Planner
�''� , ,�'
XYZ
1 002
11,
Admin
1 100 x $25/hr
I hereby certify that the above is a true and correct statement of the work performed and
costs incurred on the Project Concept.
Date Signed
Title
Return to: Jeanne Spinner -LaMar, Manager, Local Initiative
550 South Main Street
P.O. Box 14184
Orange, CA 92863-15
Page 13 of 13 11/8/2006
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
V IDtAA1AAAtFA
e FSIAIUSAFO I 1961
1776
Kathleen Perez
Section Manager — Capital Projects
OCTA
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
DATE: November 29, 2006
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Cooperative Agreement No. C-6-0815
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Enclosed are three originals of the above referenced document. Please after executing send
our office a fully executed original for our records.
If you have questions concerning the agreement, please contact William M. Huber, Assistant
City Manager (949) 443-6336.
Cc: William M. Huber, Assistant City Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
C* Printed on 100% Recycled Paper
M
OCTA
AFFILIATED AGENCIES
Orange County
Trans,( District
Local Transportation
Authority
Service Authority for
Freeway Emergencies
Consolidated Transportation
Service Agency
Congestion Management
Agency
Service Authority tot
Abandoned Vehicles
0
March 8, 2007
Ms. Maria Morris
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
Dana Point, CA 92675
SUBJECT: AGREEMENT NO. C-6-0815
Dear Ms. Morris:
Enclosed please find two (2) originals of the GO Local Cooperative Agreement
for your records.
Should you have any contractual related questions, please feel free to contact
Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net.
Sincerely,
'' ^
JJlie Smith
ffice Specialist
Contract Administration and Materials Management
Enclosure(s)
C: Jeanne Spinner -LaMar
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 /Orange / California 92863-1584 / (714) 560 -OCTA (6282)
m
OCTA
BOARD OF DIRECTORS
Arthur Brown
Chairman
Carolyn Cavecche
Vice -Chair
Peter Bulla
Director
Bill Campbell
Director
Lou Correa
Director
Richard T Dixon
Director
Michael Duvall
Director
Cathy Green
Director
Gary Monahan
Director
Chris Norby
Director
Curt Pringle
Director
Miguel A. Feline
Director
Susan Ritschel
Director
Mark Rosen
Director
James W. Silva
Director
Thomas W Wilson
Director
GregoryT Winterbottom
Director
Cindy Orion
Governors
ExOfficioMember
:REF EXECUTIVE
Arthur Leahy
Chief Executive Officer
0
November 8, 2006
m
OCTA
Orange County
Transportation Authority
Kathleen Perez
Section Manager, Capital Projects
Contracts Administration &
Materials Management
55o Soutn Main Street tet 714.560.5743
P.O Box 14184 fax. 714.560.5792
Orange, CA 92863-1584 ematlL kperez0octa.net
Mr. William Huber
Assistant City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-6-0815
Dear Mr. Huber:
Enclosed are three originals of OCTA's Cooperative Agreement No. C-6-0815
for review and signature.
Please execute the three Cooperative Agreements where indicated, in blue ink
and return the agreements to Kathleen Perez as soon as possible to:
Kathleen Perez
Section Manager - Capital Projects
OCTA
550 South Main Street
P.O. Box 14184
Orange, CA. 92863-1584
Should you have any contractual related questions, please feel free to contact
Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net.
Jee Smith
fice Specialist
Contract Administration and Materials Management
Enclosure(s)
Orange County Transportation Authority
55C South Main Street r PO Box 14184 /Orange/ California 92863-15841(714) 560 -OCTA (6282
NO 0 9 2006
Today's Date: 11/15/2006 •
CIP No. (if any):
r1
U
CONTRACT TRANSMITTAL
Project Manager's Last Name: Huber
Council or CRA Meeting Date (if applicable): 11/21/2006
APPROVING AUTHORITY: (Check One)
❑ Mayor
❑ CRA Chair
❑ City Manager
Transmittal Routing
(Check All That Apply)
❑ City Attorney
❑ City Manager
® City Clerk
Phone Extension: 6336
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement: (Not necessary if information is included in the contract)
NamCity St
es Street
Zi
n a istrano CA
92675
-George Scarborough 100 Avenida Presidio San Clemente CA
92672
Doug Chotcave s 33282 Golden Lantern, #203 Dana Point CA
92629
OTHER INSTRUCTIONS:
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
Nlil
George Scarborough, City Manager
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
Doug Chotcaveys,.City Manager
City of Dana Point
33282 Golden Lantern, Suite 203
Dana Point, CA 92629
{``O,,��. II[IIIt11R1
Isie1uslm � 1961
1776
DATE: March •13, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRISAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
RE: OCTA Cooperative Agreement No. C-6-0815 — Downtown Trolley System
Feasibility Study
Enclosed for your record is copy of the above mentioned executed agreement.
If you have questions concerning the agreement, please contact Bill Huber, Assistant City
Manager(949)443-6336.
Cc: Bill Huber, Assistant City Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
Q* Printed on recycled paper
• • 11/21/2006
D11
AGENDA REPORT
TO: Dave Adams, City Manager PICA
FROM: William M. Huber, Assistant City Manager
SUBJECT: Consideration of Co-op Agreement for funding of Downtown Trolley
System feasibility study with Orange County Transportation Authority
(OCTA) City Council Priority Item #7A
By motion, approve the Co-op Agreement for funding of Downtown Trolley System
feasibility study with Orange County Transportation Authority (OCTA) and authorize the
Mayor to execute the Agreement.
A. Summary and Recommendation:
History
Orange County Transportation Authority (OCTA) adopted a five year program which
allocated $30 Million in existing Measure M funds to study ways to increase access to
Metrolink stations through partnerships with cities. OCTA developed a four step process
for cities to develop their own transit vision for the future by creating transit extensions
that branch from Metrolink stations. The process involves grants to interested cities to
assess their needs for transit projects.
• The first step in the process involves the allocation by OCTA of $100,000 to any
interested city, in providing funding for a needs assessment study. The needs
assessment study is to be completed by December 2007.
• The second step involves the planning and alternatives analysis based on the
needs assessment study. Projects would qualify on a competitive basis county
wide.
• The third step is project development through implementation. Projects would
again qualify on a competitive basis county wide.
• The fourth step would be any additional work on the Metrolink corridor to
enhance the stations and transform stations onto transportation centers.
Agenda Report •
Page 2
l�ovember21, 2006
There also is an interest by the cities of San Clemente and Dana Point to join forces
with San Juan Capistrano to jointly pursue mutually beneficial transit opportunities
among the joint agencies. This provides a unique opportunity for the cities to parlay the
step one funds to explore transit services of mutual interest.
There are a number of benefits to a local transit system. Those benefits include:
• Enhancement of the local Metrolink/Amtrak system.
• Provide service to commuters, residents and tourists.
• Reduction of vehicle trips and emissions.
• Lessening of parking demands on the downtown.
• Improved mobility.
• Safe and reliable means of transportation.
Aareement
As indicated previously the first step is a feasibility study. OCTA is making $100,000
available to each city that requests funds for this phase. To receive the funds a Co-op
agreement is necessary. That attached Agreement prepared by OCTA sets the stage
for receipt and use of the funds and is their standard form agreement. Staffs as well as
the City Attorney have reviewed the Agreement and recommends approval.
Next Steps
Staff is working with both San Clemente and Dana Point on a memorandum of
understanding (MOU) that would allow the cities to partner and share funding on study
elements of mutual benefit and interest to the three cities. Also staffs of the three cities
are developing the request for proposals that will need to go out to initiate the feasibility
study. Schedules have not been developed at this point but will be provided once we
have selected the consultant for the feasibility study.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
Not applicable
FINANCIAL CONSIDERATIONS
The $100,000 from OCTA is expected to cover the feasibility phase. No impact is
anticipated to the City General Fund.
Agenda Report • November 21, 2006
Page 3
PUBLIC NOTIFICATION:
Stan Wyloskowski, Chamber of Commerce
George Scarborough, City Manager/San Clemente
Doug Chotcaveys, City Manager/Dana Point
RECOMMENDATION
By motion, approve the Co-op Agreement for funding of Downtown Trolley System
feasibility study with Orange County Transportation Authority (OCTA) and authorize the
Mayor to sign and the City Clerk to attest said Agreement.
Respectfully submitted, J
William M. Huber
Assistant City Manager
Attachments: 1. Cooperative Agreement
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COOPERATIVE AGREEMENT NO. C- 6-0815
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
CITY -INITIATED TRANSIT EXTENSIONS TO METROLINK
THIS AGREEMENT is made and entered into this day of
2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O.
Box 14184, Orange, California 92863-1584, a public corporation of the State of California
(hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local
Transportation Authority, and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, California, 92675, a municipal corporation and charter city duly organized and existing
under the constitution and laws of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego
Counties and the Inland Empire to be the core of Orange County's future rail transit system; and
WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based
transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors, and/or
employees; and
WHEREAS, the funds allocated through this program must comply with the 1990 Measure M
ordinance which states in part that the intent is to provide matching funds to encourage development
of extensions to major activity centers and providing access between the primary rail system and
employment centers; and
WHEREAS, CITY is encouraged to enter into written agreements with other cities to
collaborate in some or all facets of a planning and needs assessment to support this vision; and
Page 1 of 13
Attachment 1
• • AGREEMENT C-6-0815
I WHEREAS, Measure M funds have been designated for cities to study ways to accomplish
2 this; and
3 WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which
4 will factor in, among other elements, community interests and desires; and
s WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure
6 M funds to a program designed to enable cities that wish to develop a local transit vision including
7 defined enhancements and transit extensions to Metrolink that work best with their local
8 community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and
9 WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and
10 AUTHORITY has found such concept acceptable; and
11 WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project
12 Concept; and
13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
14 follows:
15 ARTICLE 1. COMPLETE AGREEMENT
16 This Agreement, including all exhibits and documents incorporated herein and made
17 applicable by reference, constitutes the complete and exclusive statement of the terms and
18 conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1
19 work and supersedes all prior representations, understandings and communications between the
20 parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the
21 validity of the other terms or conditions.
22 /
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AGREEMENT C-6-0815
ARTICLE 2. SCOPE
A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in
connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services
identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY
and CITY agree that each will cooperate and coordinate with the other in all activities covered by this
Agreement and any other supplemental agreements.
B. AUTHORITY s failure to insist upon CITY's performance of any terms or conditions of
this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such
performance or to future performance of such terms or conditions and CITY's obligation in respect to
performance shall continue in full force and effect.
C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY
unless confirmed in writing by an authorized representative of AUTHORITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work:
A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT,
for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be
distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an
amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right
to accept or reject any Project Concept.
B. Should CITY not complete the services identified in Exhibit A, or does not meet the
terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the
CITY within sixty (60) days of AUTHORITY's written demand.
/
Page 3 of 13
AGREEMENT C-6-0815
1 C. Additional Funding- Funding beyond what has been identified in Article 5.
2 PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a
3 date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to
4 the any future step in the GO LOCAL process.
5 ARTICLE 4. RESPONSIBILITIES OF CITY
6 CITY agrees to the following responsibilities for GO LOCAL Step 1 work:
7 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work.
8 However, CITY may designate pursuant to a written partnership letter of agreement that another city
v participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a
10 copy of this letter within ten (10) days after the agreement has been executed.
11 B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written
12 agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall
13 deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution.
14 C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to
15 AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial
16 Progress Report," attached to and, by this reference, incorporated in and made part of this
17 Agreement. CITY shall be required to produce a final written report of its findings,
18 recommendations, and next steps according to a mutually agreed upon date, but no later than the
iv completion date of this Agreement. The Final Report will include the elements described in Exhibit
20 C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this
21 reference, incorporated in and made part of this Agreement.
22 D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the
23 services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local
24 Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth
25 Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance
26 with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property
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AGREEMENT C-6-0815
through eminent domain or as matching funds to implement land development, all monies funded to
the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand.
AUTHORITY shall have sole discretion in determining whether the Project Concept has been
developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this
Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has
utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's
determination and written request, CITY shall return all monies in accordance with this Article.
E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed
agreement and scope of work for services to be performed by third parties in fulfillment of the Project
Concept within thirty (30) days after the agreement has been executed.
F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1
in a good and competent and professional manner and in compliance with all applicable federal,
state and local rules and regulations.
G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that
project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling
available.
ARTICLE 5. PAYMENT
A. For CITY's full and complete performance of its obligations under this Agreement and
subject to the maximum cumulative payment obligation provisions set forth in this Agreement,
AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars
($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of
acceptable invoice.
/
/
9
Page 5 of 13
AGREEMENT C-6-0815
I B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project
2 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and
3 incorporated by reference, for work performed under this Agreement. The Certification shall include,
4 but not be limited to, period of performance, actual expenses; classification, hours and rates of in-
s house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1
6 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time
7 during the performance of this Agreement. CITY will be required to submit to AUTHORITY all
8 information requested within thirty (30) days from AUTHORITY's request.
v ARTICLE 6. MAXIMUM OBLIGATION
10 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
» agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's
12 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include
13 all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work.
14 ARTICLE 7. AUDIT AND INSPECTION
15 CITY shall maintain a complete set of records in accordance with generally accepted
16 accounting principles and in accordance with Local Transportation Ordinance Number 2: The
17 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be
r8 maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized
19 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts
20 and other data and records of CITY for a period of not less than four (4) years after final payment, or
21 until any on-going audit is completed whichever is longer. For purposes of audit, the date of
22 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so
23 noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any
24 documents related to this Agreement by whatever means necessary.
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AGREEMENT C-8-0815
ARTICLE B. INDEMNIFICATION
CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and
agents from and against any and all claims (including attorney's fees and reasonable expenses for
litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
compensation subrogation claims, damage to or loss of use of property caused by the negligent
acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
connection with or arising out of the performance of this Agreement.
ARTICLE 9. ADDITIONAL PROVISIONS:
The AUTHORITY and CITY agree to the following mutual responsibilities:
A. Term of Agreement- This Agreement shall continue in full force and effect through
December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this
Agreement may only be extended upon mutual written agreement by both Parties.
B. Termination- The AUTHORITY may terminate this Agreement for its convenience any
time, in whole or part, by giving CITY written notice thereof.
C. Modifications- This Agreement may be amended in writing at any time by the mutual
consent of both Parties. No amendment shall have any force or effect unless executed in writing by
both AUTHORITY and CITY.
D. Legal Authority AUTHORITY and CITY hereto warrant that they are duly authorized
to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the
Parties hereto are formally bound to the provisions of this Agreement.
E. Notices- Any notices, requests or demands made between the parties pursuant to
this Agreement are to be directed as followed:
/
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City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: William Huber,
Assistant City Manager
E
AGREEMENT C-6-0815
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Kathleen Murphy -Perez,
Section Manager, Capital Projects
(714/560-5743); kperez@octa.net
c: Paul Taylor, Executive Director,
Development Division
F. Severability- If any term, provision, covenant or condition of this Agreement is held to
be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement- This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute the same agreement. Facsimile signatures will be
permitted.
H. Force Majeure Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from perfonning by an unforeseeable
cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Parry not performing.
Page 8 of 13
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AGREEMENT C-6-0815
I. Assignment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect.
Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the
waiver of any right to consent to such subsequent assignment.
J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in
amounts, or for purposes other than as authorized by local, State or Federal law.
K. Governing Law- The laws of the State of California and applicable Federal, State, local
laws, regulations and guidelines shall govern hereunder.
This Agreement shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0815 to be
executed on the date first above written.
CITY SAN JUAN CAPISTRANO
Bv:
David M. Swerlin
Mayor
ATTEST:
Bv:
Margaret M. Monahan
City Clerk
ORANGE COUNTY TRANSPORTATION AUTHORITY
21
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
M
Kennard R. Smart, Jr.
General Counsel
APP7V A TO FORM:
By:
Joh R. Shaw
City Attorney By:
Dated:
APPROVAL RECOMMENDED:
Paul Taylor, Executive Uirector
Development Division
Page 9 of 13
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AGREEMENT C-8-0815
EXHIBIT A
PROJECT CONCEPT
To qualify for funds your city project must focus on assessing ways to provide transit
connections to Metrolink. Complete the Project Concept, and return with the Cooperative
A. Study Type
Project Concept assessments can cover or study any of the following topics. Please review
the descriptions below and indicate the type of analysis you expect to perform by placing
an (x) next to one (or more) of the following:
Needs Assessments
What are the transit needs? Identify populations, congestion areas, etc.
Coordinating Transit and Land Use
How can a transit project support your city's land use planning policies/projects and
vice versa?
Route Planning
Existing data has identified activity centers, populations or congestion hot spots
which warrant transit service. What are possible routes and types of transit?
Public policy /public support
Does the community support transit as evidenced by land use designations and the
commitment of local stakeholders?
Project Concepts
Does the city have one or more general transit concepts which it would like to
explore more fully in a detailed technical analysis?
Make your own case
Is there a concept that addresses a need in your city that you would like the Board of
Directors to consider? Is this need consistent with the Measure M requirements that
funds be spent on transit -related purposes to extend the reach of Metrolink?
B. Project Overview
Please include a 250 to 300 word overview of your Project Concept.
C. Partners
Please attach any letters of agreements, which identify other jurisdictions participating in
this Project Concept, and your respective roles (see Checklist on Website).
Page 10 of 13
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AGREEMENT C-6-0815
PROJECT CONCEPT
SIX-MONTH PROGRESS REPORT
City/Date:
A. Project Overview Progress Report
Prepared By
Please include a 200-300 word description of progress to date. To the extent possible, you
should describe what you are working on, your methodology, key staff and/or stakeholders,
and any preliminary results.
B. Project Resources
Please indicate all that apply:
♦ We've been utilizing consultants
(Name(s):
♦ We've been doing some or all
of the work in-house
♦ We have partnerships with:
(Include if not listed in Exhibit A)
C. Financial Report
Percentage of funding Committed
Expended
We foresee obstacles to completion with funding. No Yes!
If yes, please explain in attachment:
Return to: Jeanne Spinner -LaMar, Manager, Local Initiative
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Page 11 of 13 11/8/2008
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AGREEMENT C-6-0815
PROJECT CONCEPT
FINAL REPORT OUTLINE
At the conclusion of Project Concept work, all cities will submit a Final Report within
days utilizing the outline below. Sections Five and Six below will constitute your
proposal for the next phase of work.
1. Summary of Project (1 page)
2. Study Questions (1 page)
3. Methodology Used (1 page)
4. Results (3-5 pages)
Report against the Evaluation Criteria, i.e. financial considerations, community
factors, transportation benefit.
5. Findings (4-5 pages)
Your analysis of the results
6. Next Steps (5-7 pages)
Identify:
■ what you wish to do next,
■ the methods you would use,
■ the staff, resources, and time you would need;
■ what you would expect to determine, and
■ the budget, your agency contribution, any partnerships and their contributions.
Return to: Jeanne Spinner -La Mar, Manager, Local Initiatives
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Page 12 of 13 11/8/2006
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AGREEMENT C-6-0815
EXHIBIT D
PROJECT CONCEPT
Project Expenditures Certification
SAMPLE
Consultant Contract In-house Total hours charged to TOTAL
Number Labor project x fully burdened add A& B
hourly rate
ABC 001 Sr. 500 hours x $85/hr
r'Ift-``=Fz-�illllllllll r
I hereby certify that the above is a true and correct statement of the work performed and
costs incurred on the Project Concept.
Date Signed
Title
Return to: Jeanne Spinner -LaMar, Manager, Local Initiative
550 South Main Street
P.O. Box 14184
Orange, CA 92863-15
Page 13 of 13 11/8/2008
0
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
WWW sanjuancaptstrano. org
fit► d«ao
1,,�CS�yy' IB[RRRBAAtEB
•
CST Aeusem � 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 21, 2006
in the City Council Chamber in City Hall, to consider: "Consideration of Co-op
Agreement for funding of Downtown Trolley System Feasibility study with Orange
County Transportation Authority (OCTA) City Council Priority Item VA" — Item
No. D11.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, November 20, 2006 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member William M. Huber,
Assistant City Manager. You may contact that staff member at (949) 949-443-6336 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendas(cDsanivancaoistrano.org.
Meg Monahan, CMC
City Clerk
cc: Stan Wyloskowski, Chamber of Commerce; George Scarborough, City
Manager/San Clemente; Doug Chotcaveys, City Manager/ Dana Point; William
M. Huber, Assistant City Manager
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
, Message • • Page 1 of 2
Maria Morris
From: Maria Morris
Sent: Tuesday, March 13, 2007 1:18 PM
To: 'Kathleen Perez'
Subject: RE: Agreement No. C-6-0815
0
We don't need it. I will shred it.
Thank you!!
Maria Morris
Deputy City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 -Fax
-----Original Message -----
From: Kathleen Perez [mailto:KPerez@octa.net]
Sent: Tuesday, March 13, 2007 1:15 PM
To: Maria Morris
Subject: RE: Agreement No. C-6-0815
No problem- Please let me know. If the second original is not required, feel free to dispose of it.
Regards,
Kathleen Murphy -Perez
Section Manager -Capital Projects
Contracts Administration and Materials Management
714-560-5743 kperez@octa.net
-----Original Message -----
From: Maria Morris[mailto:MMorris@San]uanCapistrano.org]
Sent: Monday, March 12, 2007 4:20 PM
To: Kathleen Perez
Subject: Agreement No. C-6-0815
Hi Kathleen,
Our office received two originals of the above mentioned agreement; one of them is not signed by
your General Counsel, Kenneth R. Smart, Jr. I'm not sure why we get two originals. I will ask the
project manager to see if there's a need for the extra agreement, if so I will be sending it back to
your office for his signature.
Thank you!!
Maria Morris
Deputy City Clerk
3/13/2007
Message • . Page 2 of 2
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 -Fax
3/13/2007