06-0226_ORANGE COUNTY TRANSPORTATION AUTHORITY_Cooperative Agr No. C-6-0815LETTER OF UNDERSTANDING AND AGREEMENT BETWEEN THE CITY OF SAN
CLEMENTE AND THE CITIES OF DANA POINT AND SAN JUAN CAPISTRANO
The Tri City Trolley Team consisting of the cities of San Clemente, Dana Point and San Juan Capistrano,
agree that the City of San Clemente shall continue as the lead agency for the Tri City Trolley project in
connection with matters concerning the Cooperative Agreement with the Orange County Transportation
Authority's (OCTA) Go Local Program.
The three partner agencies desire to divide the costs associated with the planning phase of the Go Local
process as outlined in the Cooperative Agreement. The City of San Clemente agrees to be responsible for
reimbursing OCTA f6LL0%--cost_a1socaatrd with phase. 7 on behalf of the three cities More specifically -
o OCTA will determine which consultant will be responsible for which project (or City).
o OCTA will pay the consultant costs.
o The Tri City Trolley Team's match is 10% of the Step 2 consultant's costs up to $100,000.
o The 10% match will be divided between the three agencies.
o Cities cannot use staff time as part of the match.
o The three cities shall indemnify OCTA.
The points of contact responsible for administration of this Letter of Understanding are:
City of San Clemente: Akram Hindiyeh
City Traffic Engineer
910 Calle Negocio, San Clemente, CA 92673
(949)361-6127
City of Dana Point: Christy Teague
Economic Development Manager
33282 Golden Lantern, Dana Point, CA 92629
(949) 248-3519
City of San Juan Capistrano: Jill Thomas
Senior Management Analyst
32400 Paseo Adelanto, San Juan Capistrano, CA 92675
(949) 443-6362
This memorandum shall remain in effect until terminated by either of the parties upon 60 days notice to the
other party. In the event of termination, however, this agreement shall continue to apply to all ongoing
proceedings covered by the agreement.
BY: CITY F SAN C EMENTE
G CIT*
Sc o ugh
TITLE; City Manager
DATE: 8 ./ b,
8 Z6
RANO
1 AMENDMENT NO. 1 TO
2 COOPERATIVE AGREEMENT NO. C-6-0815
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF SAN JUAN CAPISTRANO
7 THIS AMENDMENT NO. 1 is effective as of this k s-` day ofTa*�, 2008, by and
8 between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and
9 the City of San Juan Capistrano, (hereinafter referred to as "CITY").
10 WITNESSETH:
11 WHEREAS, by Cooperative Agreement No. C-6-0815 dated February 26, 2007, AUTHORITY
12 and CITY entered into a cooperative agreement to work as partners to develop a community-based
13 transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors and/or
14 employees; and
15 WHEREAS, both parties agree to extend the term of the cooperative agreement and establish a
16 deadline for receipt of proposals for GO LOCAL Step One at no increase in the maximum cumulative
17 payment obligation; and
is WHEREAS, AUTHORITY's Board of Directors has reviewed and approved the issuance of this
19 Amendment on November 26, 2007;
20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
21 Agreement No. C-6-0815 is hereby amended in the following particulars only:
22 1. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, Page 5 of 13, to add as follows:
23 "H. Commencement of Work — CITY shall commence Step One no later than March 1,
24 2008."
25 2. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Page 7 of 13, line 11, to delete
26 "December 31, 2007" as the term of the cooperative agreement and in lieu thereof insert "June 30,
9 L:\CAMM\CLERICAL\CLERICAL\CLERICAL\ W ORDPROCIAGREE W MENDNM160815. DOC
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• AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-6-0815
2008".
The balance of said Agreement remains unchanged.
Upon execution this Amendment No. 1 shall be made effective on January 1, 2008.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Cooperative Agreement No. C-6-0815 to be executed on the effective date above written.
CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY
By O By 1
Jo Soto Arthur T. Leahy
M or Chief Executive Officer
APPROVED AS TO FORM:
By
Kennard R. Smart, Jr.
General Counsel
APPROVAL
Kia Mortazavi ',--
Executive Director
Development
L\CAMM\CLERICAL\CLERICAL\CLERICAL\WORDPROCIAGREE ENDWMIW815.DOC
Page 2 of 2
11
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
I�
IAOAI01nA1
❑TAIIItMN 1961
1776
David A. Christianson
Principal Contract Administrator
Orange County Transportation Authority (OCTA)
550 South Main Street
Orange, CA 92863-1584
DATE: April 21, 2008
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Amendment No. 1 to Cooperative Agreement No. C-6-0815
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Enclosed are two original agreements. Please return to our office an original executed
agreement. If you have questions concerning the agreement, please contact Jill Thomas,
Senior Management Analyst (949) 443-0662.
Cc: Jill Thomas, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
0 PnnTed on 100% recydetl paper
• • 4/15/2008
AGENDA REPORT (�� r•^ D8
TO: Dave Adams, City Manager W'"- V�
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Amendment No. 1 to Cooperative Agreement
No.0-6-0815, with Orange County Transportation Authority, regarding the
Go Local Program.
RECOMMENDATION
By motion, approve Amendment No. 1 to Cooperative Agreement No. C-6-0815 with
Orange County Transportation Authority (OCTA) regarding the Go Local Program,
extending the deadline for receipt of proposals for Go Local Step One.
SITUATION
A. Summary and Recommendation
At their meeting of November 21, 2006, the City Council of San Juan Capistrano
approved Cooperative Agreement No. C-6-0815 with the Orange County
Transportation Authority (OCTA), for initiation of the Downtown Trolley System
Feasibility Study.
Staff is recommending approval of Amendment No. 1 to the Agreement which
extends the term of the cooperative agreement and establishes a deadline for
receipt of proposals for Go Local Step One at no increase in the maximum
cumulative payment obligation. The new deadline, per Amendment No. 1, for
cities to comply with Step One is no later than March 1, 2008 (original agreement
deadline was December 2007). As the deadline in the amendment has already
passed, this is a formality. Additionally, the term of the Agreement is being
extended to June 30, 2008.
B. Background
In April 2006, City Council authorized staff to pursue Go Local Funds in the
amount of $100,000 for the purposes of exploring a Downtown Trolley and to
work with the cities of Dana Point and San Clemente to explore transit
opportunities of mutual benefit. Since that time, the three cities have worked
together to create the Tri City Trolley concept and final report for OCTA Go Local
Program — Step One. This report was submitted to OCTA for consideration on
Agenda Report • April 15, 2007
Page 2
March 13, 2008. The City, along with the cities of Dana Point and San Clemente,
is currently awaiting approval to advance to Step Two from OCTA.
In March 2008, staff received a request from OCTA requesting approval of
Amendment No. 1 to Cooperative Agreement No. C-06-0815. Amendment No. 1
will extend the deadline for all cities interested in Orange County to submit their
Step One Go Local Applications to March 1, 2008.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
Approval of Amendment No. 1 will maintain City's eligibility to receive consideration of
Measure M Go Local funds for the Go Local Program. There is no impact to City funds.
Not applicable.
RECOMMENDATION
By motion, approve Amendment No. 1 to Cooperative Agreement No. C-6-0815 with
Orange County Transportation Authority (OCTA) regarding the Go Local Program,
extending the deadline for receipt of proposals for Go Local Step One.
Respectfully submitted: Premed by:
Nasser Abbaszadeh, P.E. Jill Thomas
Engineering & Building Director Senior Management Analyst
JT
Attachments: 1. Amendment No. 1
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0 0
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-8-0815
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
Iw
CITY OF SAN JUAN CAPISTRANO
THIS AMENDMENT NO.1 is effective as of this day of
2008, by and
between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and
the City of San Juan Capistrano, (hereinafter referred to as "CITY").
WHEREAS, by Cooperative Agreement No. C-6-0815 dated February 26, 2007, AUTHORITY
and CITY entered into a cooperative agreement 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, both parties agree to extend the term of the cooperative agreement and establish a
deadline for receipt of proposals for GO LOCAL Step One at no increase in the maximum cumulative
payment obligation; and
WHEREAS, AUTHORITY's Board of Directors has reviewed and approved the issuance of this
Amendment on November 26, 2007;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
Agreement No. C-6-0815 is hereby amended in the following particulars only:
1. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, Page 5 of 13, to add as follows:
"H. Commencement of Work — CITY shall commence Step One no later than March 1
2. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Page 7 of 13, line 11, to delete
"December 31, 2007". as the term of the cooperative agreement and in lieu thereof insert "June 30,
L:\CAMKCLERICAL\CLERICAL%CLERIC %MRDPR GREE END%Mi6 15 DOC
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ATTACHMENT
• • AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT -NO. C-8-0815
The balance of said Agreement remains unchanged.
Upon execution this Amendment No. 1 shall he made effective on January 1, 2008,
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Cooperative Agreement No. C-0-0815 to be executed on the effective date above written.
CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY
Un
Joe Soto
Mayor
ATTEST:
Margaret M. Monahan
City Clerk
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
By
Kennard R. Smart, Jr.
General Counsel
APPROVAL
By
Kia Mortazavi
Executive Director
Development
Page 2 of 2
• 0
1 COOPERATIVE AGREEMENT NO. C- 6-0815
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SAN JUAN CAPISTRANO
6 FOR
7 CITY -INITIATED TRANSIT EXTENSIONS TO METROLINK
8 THIS AGREEMENT is made and entered into this C261.day of
9 2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O.
10 Box 14184, Orange, California 92863-1584, a public corporation of the State of California
11 (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local
12 Transportation Authority, and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
13 Capistrano, California, 92675, a municipal corporation and charter city duly organized and existing
14 under the constitution and laws of the State of California (hereinafter referred to as "CITY").
15 RECITALS:
16 WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego
17 Counties and the Inland Empire to be the core of Orange County's future rail transit system; and
18 WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based
19 transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors, and/or
20 employees; and
21 WHEREAS, the funds allocated through this program must comply with the 1990 Measure M
22 ordinance which states in part that the intent is to provide matching funds to encourage development
23 of extensions to major activity centers and providing access between the primary rail system and
24 employment centers; and
25 WHEREAS, CITY is encouraged to enter into written agreements with other cities to
26 collaborate in some or all facets of a planning and needs assessment to support this vision; and
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0 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
follows:
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
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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0 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 Agency- 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
I through eminent domain or as matching funds to implement land development, all monies funded to
2 the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand.
3 AUTHORITY shall have sole discretion in determining whether the Project Concept has been
4 developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this
5 Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has
6 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's
7 determination and written request, CITY shall return all monies in accordance with this Article.
8 E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed
9 agreement and scope of work for services to be performed by third parties in fulfillment of the Project
10 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
12 in a good and competent and professional manner and in compliance with all applicable federal,
13 state and local rules and regulations.
14 G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that
15 project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling
16 available.
17 ARTICLE 5. PAYMENT
18 A. For CITY's full and complete performance of its obligations under this Agreement and
19 subject to the maximum cumulative payment obligation provisions set forth in this Agreement,
20 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars
21 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of
22 acceptable invoice.
23 /
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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
1 ARTICLE 8. INDEMNIFICATION
2 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and
3 agents from and against any and all claims (including attorney's fees and reasonable expenses for
4 litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
5 compensation subrogation claims, damage to or loss of use of property caused by the negligent
6 acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
7 connection with or arising out of the performance of this Agreement.
s ARTICLE 9. ADDITIONAL PROVISIONS:
9 The AUTHORITY and CITY agree to the following mutual responsibilities:
10 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
12 Agreement may only be extended upon mutual written agreement by both Parties.
13 B. Termination- The AUTHORITY may terminate this Agreement for its convenience any
14 time, in whole or part, by giving CITY written notice thereof.
15 C. Modifications- This Agreement may be amended in writing at any time by the mutual
16 consent of both Parties. No amendment shall have any force or effect unless executed in writing by
17 both AUTHORITY and CITY.
is D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized
19 to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the
20 Parties hereto are formally bound to the provisions of this Agreement.
21 E. Notices- Any notices, requests or demands made between the parties pursuant to
22 this Agreement are to be directed as followed:
23 /
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26 /
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I I I 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
To AUTHORITY:
AGREEMENT C-6-0815
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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AGREEMENT C-6-0815
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
B'
avid M. Svy6rliK
ORANGE COUNTY TRANSPORTATION AUTHORITY
A
By: `'
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
By: "V=
Kennard R. Smart, Jr.
General Counsel
APPV A TO FORM:
By: APP OVA RECOMMENDED:
Joh R. Shaw
City Attorney By:
Paul Taylor, El D ector
Development Division
Dated: _7 1^7 L n'1
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0
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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 lou)
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 trkity 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.
100011x. Ab 1CSI(W34S3C PMJM C.11M)E don;
E
0
AGREEMENT C-6-0815
EXHIBIT B
PROJECT CONCEPT
SIX-MONTH PROGRESS REPORT
City/Date:
A. Project Overview Progress Report
Prepared
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 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 (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
AGREEMENT C-6-0815
EXHIBIT D
PROJECT CONCEPT
Project Expenditures Certification
6i_1 Jd» a
Consultant
ContractIn-house
Total hours charged to
TOTAL
Number
fn1 i , ,
Labor
project x fully burdened
i add A 8 B
hourly rate
ABC
001
ygEjp`
Sr.
500 hours x $85/hr
Planner
;,Ih iH3
XYZ
002
0010
Admin
100 x $25/hr
&
Asst.
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 AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www. sanj uancapistrano. org
TRANSMITTAL
j� IA[AAPAAAifA
' fsramsAfo � 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
SAMALLEVATO
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
Ci Printed on 100% Recycled Paper
M
OCTA
AFFILIATED AGENCIES
Orange County
Transit District
Local Transportation
Authority
Service Authority for
Freeway Emergencies
Consolidated Transportation
Service Agency
Congestion Management
Agency
Sernce Authonty for
Abandoned Vehicles
0
March 81 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:
0
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
Office 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)
OCTA
BOARD OF DIRECTORS
Arthur Brown
Chairman
Carolyn Cavecche
Vice -Chair
Peter Betio
Director
Bill Campbell
Director
Lou Correa
Director
Pichard T Dixon
Director
Michael Duvall
Director
Cathy Green
Director
Gary Monahan
Director
Chris Norby
Director
Curt Pringle
Director
Miguel A. Polish
Director
Susan Rdschel
Director
Mark Rosen
Director
James Silva
Director
-
ThornasW Wilson
Director
Gregory T Wmterboltom
Director
CindyQuon
Governors
Ex-0ffioo Member
CHIEF EXECUTIVE
Arthur Leahy
Chief Executive Officer
E
November 8, 2006
,f
Orange County
Transportation Authority
Kathleen Perez
Section Manager, Capital Projects
Contracts Aominlsirabon &
Materials Management
b50 South Main Street tet 714.560.5743
PC) Box 14184 tax 714.5605792
Mr. William Huber Omngo, CA 92863-1584 email: kperez@octa net
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
550 Scum Main Street PO Box 14184 Orange Catilor'nia 92863-1584 (714! 360 OCTA (6282
Nfi 0 9 2006
.I L
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 F"
www.sanjuancapistrano.org
TRANSMITTAL
TO:
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
DATE: March •13, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
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
0 Prinletl on recycled paper
•
AGENDA REPORT
TO: Dave Adams, City Manager
FROM: William M. Huber, Assistant City Manager
• 11/21/2006
D11
SUBJECT: Consideration of Co-op Agreement for funding of Downtown Trolley
System feasibility study with Orange County Transportation Authority
(OCTA) City Council Priority Item VA
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 execute the Agreement.
A. Summary and Recommendation:
History
Orange County Transportation Authority (OCTA)
allocated $30 Million in existing Measure M funds
Metrolink stations through partnerships with cities.
for cities to develop their own transit vision for the
that branch from Metrolink stations. The process
assess their needs for transit projects.
adopted a five year program which
to study ways to increase access to
OCTA developed a four step process
, future by creating transit extensions
involves grants to interested cities to
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
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.
Agreement
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.
COMMISSIONIBOARD 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 •
Page 3
PUBLIC NOTIFICATION:
Stan Wyloskowski, Chamber of Commerce
George Scarborough, City Manager/San Clemente
Doug Chotcaveys, City Manager/Dana Point
Aovember 21, 2006
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, /
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
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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.
/
/
/
Page 2 of 13
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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.
z 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.
s 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
io 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
is 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
zo C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this
zi reference, incorporated in and made part of this Agreement.
zz D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the
23 services identified in Exhibit A. Ail 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
Page 4 of 13
AGREEMENT C-6-0815
1 through eminent domain or as matching funds to implement land development, all monies funded to
2 the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand.
3 AUTHORITY shall have sole discretion in determining whether the Project Concept has been
4 developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this
5 Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has
6 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's
7 determination and written request, CITY shall return all monies in accordance with this Article.
8 E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed
9 agreement and scope of work for services to be performed by third parties in fulfillment of the Project
10 Concept within thirty (30) days after the agreement has been executed.
11 F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1
12 in a good and competent and professional manner and in compliance with all applicable federal,
13 state and local rules and regulations.
14 G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that
15 project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling
16 available.
17 ARTICLE 5. PAYMENT
18 A. For CITY's full and complete performance of its obligations under this Agreement and
19 subject to the maximum cumulative payment obligation provisions set forth in this Agreement,
20 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars
21 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of
22 acceptable invoice.
23 1
24 /
25 /
26 /
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
s information requested within thirty (30) days from AUTHORITY's request.
9 ARTICLE 6. MAXIMUM OBLIGATION
10 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
ii 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
is 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.
25 /
26 /
Page 6 of 13
AGREEMENT C-"815
I ARTICLE 8. INDEMNIFICATION
2 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and
3 agents from and against any and all claims (including attorney's fees and reasonable expenses for
4 litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
5 compensation subrogation claims, damage to or loss of use of property caused by the negligent
6 acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
7 connection with or arising out of the performance of this Agreement.
s ARTICLE 9. ADDITIONAL PROVISIONS:
v The AUTHORITY and CITY agree to the following mutual responsibilities:
10 A. Term of Agreement- This Agreement shall continue in full force and effect through
ii December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this
u Agreement may only be extended upon mutual written agreement by both Parties.
13 B. Termination- The AUTHORITY may terminate this Agreement for its convenience any
14 time, in whole or part, by giving CITY written notice thereof.
15 C. Modifications- This Agreement may be amended in writing at any time by the mutual
16 consent of both Parties. No amendment shall have any force or effect unless executed in writing by
17 both AUTHORITY and CITY.
rs D. Legal Authoritv AUTHORITY and CITY hereto warrant that they are duly authorized
ry to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the
20 Parties hereto are formally bound to the provisions of this Agreement.
21 E. Notices- Any notices, requests or demands made between the parties pursuant to
22 this Agreement are to be directed as followed:
23 /
24 /
25 /
26 /
Page 7 of 13
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.
Page 8 of 13
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AGREEMENT C-"815
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
By:
David M. Swerlin
Mayor
ATTEST:
in
Margaret M. Monahan
City Clerk
F -v" :?4IPI'4 116J.161 ZMA;
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
By: APPROVAL RECOMMENDED:
Joh R. Shaw
City ttorney By:
Paul Taylor, Executive Director
Development Division
Dated:
Page 9 of 13
AGREEMENT C-6-0815
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
0
AGREEMENT C-6-0815
PROJECT CONCEPT
SIX-MONTH PROGRESS REPORT
City/Date:
A. Project Overview Progress Report
Prepared
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 111812006
0
n
U
AGREEMENT C-6-0815
EXHIBIT D
PROJECT CONCEPT
Project Expenditures Certification
SAMPLE
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
0
32400 PASEO ADEI—ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 EAx
wwwsanjuancaplstrano. org
Jwaa �
,,��yy IA[OAAOAARO
umsAlo 1961
1776
MEMBERS OF THE CITU COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WVATT 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.sanivancapistrano.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-agendasasanivancapistrano.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 1P • 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
Hi,
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@SanJuanCapistrano.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 lip Page 2 of 2
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6309
(949) 493-1053 -Fax
3/13/2007
•
AGENDA REPORT
TO: Dave Adams, City Manager O`
FROM: Nasser Abbaszadeh, Engineering and Building Director
2/19/2008
SUBJECT: Consideration of a Resolution Supporting the Tri -City Trolley Funding
Application to Orange County Transportation Authority (OCTA) for the
Cities of San Juan Capistrano, Dana Point, and San Clemente
RECOMMENDATION:
By motion,
1. Adopt a resolution supporting the Tri -City Trolley Funding Application to Orange
County Transportation Authority (OCTA) for the cities of San Juan Capistrano,
Dana Point, and San Clemente; and,
2. Direct the City Clerk to forward a certified copy of the Resolution to OCTA.
SUMMARY AND RECOMMENDATION:
The Tri -City Trolley Committee, consisting of stakeholders and staff from San Juan
Capistrano, Dana Point, and San Clemente, has prepared a Tri -City Transit Needs
Assessment Study Report to present to OCTA to compete for funding in and for the next
phase of the OCTA Go -Local Program. The Council sub -committee has seen and
commented on the draft report. Staff is requesting that City Council approve the attached
resolution and endorse the Tri -City Trolley Concept as outlined in the Needs Assessment
Study Report.
BACKGROUND:
The Orange Country Transportation Authority (OCTA) recently adopted a five year
program which allocated $30 million in existing Measure M funding 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 first step in the process
involved grants to interested cities to assess their needs for transit projects. In November
2006, City Council entered into a cooperative agreement with OCTA for funding
($100,000) to prepare a feasibility study that would explore the planning and alternative
analysis based on a needs assessment.
Agenda Report
Page 2
February 19, 2008
In July 2007, staff from the three cities retained the consultant firm of Daniel Boyle and
Associates to lead the project and prepare the final report to OCTA to be eligible for the
next phase of funding offered by OCTA.
After meeting with each city's stakeholders, community groups, and business leaders, the
consultant also performed intercept surveys at the bus stops and two Metrolink train
stations. The resulting data narrowed the Tri -City Trolley program to a tourist -based
concept, focusing on getting people to and from the train stations to the beach, harbor, and
historic landmarks within the three communities.
After OCTA receives the Tri -City application, it will consider further funding to "develop"
and fine tune our concept. After the development phase, the three cities will need to make
another application for "implementation" of the trolley program. At the conclusion of the
second phase, we will have much better defined program and final costs.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
A public workshop was held at the September 12, 2007 Transportation Commission.
Additionally, several focus group and stakeholder meetings have been held. The last
stakeholder meeting for the three participating cities was held on February 13, 2008.
FINANCIAL CONSIDERATIONS:
The Tri -City Trolley Transit Needs Assessment Study Report has been funded by the
$100,000 received from the OCTA Go -Local Program, Phase I. Future funding
requirements and sources will depend on scope of work, OCTA funding, and determination
of city match requirements which are not available at this time.
NOTIFICATION:
Dan Boyle and Associates, Inc."
Kelly Hart, OCTA'
Agenda Report • •
Page 3 February 19, 2008
RECOMMENDATION
By motion,
1. Adopt a resolution supporting the Tri -City Trolley Funding Application to Orange
County Transportation Authority (OCTA) for the cities of San Juan Capistrano,
Dana Point, and San Clemente; and,
2. Direct the City Clerk to forward a certified copy of the Resolution to OCTA.
Respectfully submitted,
Nasser Abbaszadeh
Engineering and Building Director
Attachment:
1. Resolution
Prepares' y,
Jill Thomas
Senior Management Analyst
C�
REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Title of Document:
0
This Space for Recorder's Use Only
Resolution Supporting the Tri -City Trolley Funding Application to Orange County
Transportation Authority (OCTA) for the Cities of San Juan Capistrano, Dana Point, and
San Clemente
ATTACHMENT
RESOLUTION NO. 08 -02 -19 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA IN SUPPORT OF THE
APPLICATION TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDS FOR THE TRI -CITY TROLLEY PROGRAM
FOR THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND
SAN CLEMENTE
WHEREAS, the Orange County Transportation Authority (OCTA) is
accepting applications and proposals for the next phase of Go Local; and
WHEREAS, the Orange County Transportation Authority has proposed the
Go -Local Program to assess transit needs and provide funding support for local
para -transit programs within Orange County; and
WHEREAS, the City of San Juan Capistrano has partnered with the cities of
Dana Point and San Clemente and formed the Tri -City Trolley program; and
WHEREAS, the Tri -City Trolley Transit Needs Assessment Study Report will
be prepared and submitted along with application for future consideration and
funding by OCTA; and
WHEREAS, by formal action, the City supports the Tri -City Trolley concept
as outlined in the Tri -City Trolley Transit Needs Assessment Study Report;
NOW, THEREFORE, BE IT RESOLVED that the City of San Juan
Capistrano does hereby support the Tri -City Trolley Transit Needs Assessment
Study Report and application to receive funding for the next phase.
PASSED, APPROVED AND ADOPTED this 19th day of February, 2008.
JOE SOTO, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
0
0
PASEO ADELANTO
s32400
MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
SAM ALLEVATO
(949) 493-1053 FAX
m[OAVARRRA
1961
THOMAS RRIBAR
MARK L
wwxt.ran P istrano.or
I�176m
of SOTOSEN
aancu
_
DR. LONDRES USO
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:30 p.m. on February 19, 2008 in
the City Council Chamber in City Hall, to consider: "Consideration of a Resolution
Supporting the Tri -City Trolley Funding Application to Orange County
Transportation Authority (OCTA) for the Cities of San Juan Capistrano, Dana
Point and San Clemente." — Item No. D6.
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 12:00
p.m. on Tuesday, February 19, 2008 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 Jill Thomas,
Senior Management Analyst. You may contact that staff member at (949) 443-6362
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanauancapistrano.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:
citvclerk(a)sanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Dan Boyle and Associates, Inc."; Kelly Hart, OCTA'; Nasser Abbaszadeh,
Engineering & Building Director; Jill Thomas, Senior Management Analyst
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
Z, Printed on 100%recycled paper
32400 PASEO ADEI-ANTO
SAN JUAN CAPI%TRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
wwwsonjitancapistrano.org
February 20, 2008
0
✓(���,�q�e IA[AAIAAAIEA
EST WISHED 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CIT)` COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
.10E SOTO
DR LONDRES USO
On February 19, 2008, the City Council of San Juan Capistrano met regarding:
"Consideration of a Resolution Supporting the Tri -City Trolley Funding
Application to Orange County Transportation Authority (OCTA) for the Cities of
San Juan Capistrano, Dana Point and San Clemente." Item No. D6.
The following action was taken at the meeting: Resolution No. 08-02-19-02 adopted
supporting the tri -city trolley funding application to Orange County
Transportation Authority for the cities of San Juan Capistrano, Dana Point, and
San Clemente, revised to add "Be it further resolved that the City of San Juan
Capistrano supports the concept of matching funding to a maximum of 25%, of
the total cost, but not more than approved by other cities, with details of the
concept subject to further City Council consideration."
If you have any questions regarding this action, please contact Jill Thomas, Senior
Management Analyst at (949) 443-6362 for more detailed information.
Thank you,
Meg Monahan, MMC
City Clerk
Cc: Dan Boyle and Associates, Inc.`; Kelly Hart, OCTA"`; Nasser Abbaszadeh,
Engineering & Building Director; Jill Thomas, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
q0 Printed on 100% re9ydatl paper
r
RESOLUTION NO. 08-02-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN SUPPORT OF THE APPLICATION TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDS
FOR THE TRI -CITY TROLLEY PROGRAM FOR THE CITIES OF SAN
JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE
WHEREAS, the Orange County Transportation Authority (OCTA) is accepting
applications and proposals for the next phase of Go Local; and
WHEREAS, the Orange County Transportation Authority has proposed the Go -
Local Program to assess transit needs and provide funding support for local para -transit
programs within Orange County; and
WHEREAS, the City of San Juan Capistrano has partnered with the cities of
Dana Point and San Clemente and formed the Tri -City Trolley program; and
WHEREAS, the Tri -City Trolley Transit Needs Assessment Study Report will be
prepared and submitted along with application for future consideration and funding by
OCTA; and
WHEREAS, by formal action, the City supports the Tri -City Trolley concept as
outlined in the Tri -City Trolley Transit Needs Assessment Study Report;
NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano
does hereby support the Tri -City Trolley Transit Needs Assessment Study Report and
application to receive funding for the next phase.
BE IT FURTHER RESOLVED that the City of San Juan Capistrano supports the
concept of matching funding to a maximum of 25% of the total cost, but not more than
approved by other cities, with details of the concept subject to further City Council
consideration
PASSED, APPROVED AND
QST: (
�� �
3�RET R. MONAHAN, CITY CLERK
i
Page 1 of 2
02-19-2008
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 08-02-19-02 was duly adopted by
the Cit Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 19t day of February 2008, by the following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Nielsen, Hribar, Uso and Mayor Soto
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL -MEMBER:
None
City Clerk
Page 2 of 2 02-19-2008