1997-0614_OC TRANSPORTATION AUTHORITY_Cooperative Agreement Amd No. 10 to
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT No. C-94-814
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN JUAN CAPISTRANO
THIS AMENDMENT NO. 1 is made and entered into this / `f day of fu ne
1997, by and between the Orange County Transportation Authority, 550 South Main
Street, P. O. Box 14184, Orange, California 92613-1584, a public corporation of the State
of California (hereinafter referred to as "AUTHORITY") and the City of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public
corporation of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and.CITY entered into a Cooperative Agreement dated
March 15, 1994 (hereinafter referred to as "AGREEMENT") for design, construction,
maintenance, and security for a commuter/intercity rail station located in San Juan
Capistrano; and
WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the
purpose of redefining maintenance and liability obligations with respect to the North &
South platforms of the project;
NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows:
1. Section 3.03 is hereby amended in its entirety to read as follows:
"3.03 Maintenance and repair. The CITY agrees, at no cost to the
AUTHORITY, to maintain and repair the commuter/intercity rail station in good
condition and order, and free from refuse, for the benefit of the public and the
persons using the commuter/intercity rail station for so long as the AUTHORITY
shall serve commuter/intercity rail passengers at the said commuter/intercity rail
station pursuant to this AGREEMENT. For the purpose of this AGREEMENT,
"maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall
refer to routine structural and plumbing upkeep, but shall not include striping,
c:\wpwi060\wpdo \ecla\amrnd.agr -1- 06/09/97
SV
AMENDMENT NO. 1 TO
AGREEMENT NO. C-94-814
signage, passenger management or train operations. The CITY shall have the right
to sublease or grant privileges or concessions within the station as may be mutually
agreed between the AUTHORITY and the CITY in writing, and the right to retain all
revenues derived therefrom.
The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping
installed about the commuter/intercity rail station pursuant to this AGREEMENT.
CITY standards shall be used to determine the level of landscape maintenance to
be provided.
The CITY shall, at no cost to the AUTHORITY, maintain the
commuter/intercity rail station, parking lots, and maintain and repair the North and
South Platforms with respect to the 10 -foot strip which extends from the center line
of the track to the yellow tactile strip, and all associated facilities with the exception
of the ticket vending machines and ticket vending machine support facilities. The
CITY also agrees to pay for all non-operating property utility costs, excluding the
ticket vending machines and related equipment which will be paid by the
AUTHORITY, and provide the required utility/service connections for the
commuter/intercity rail station. CITY standards shall be used to determine the level
of maintenance to be provided."
2. Section 4.06 is hereby amended in its entirety to read as follows:
"Neither the CITY nor any officers, employees or agents thereof shall be
responsible for any damage or liability occurring by reasons of anything done or
omitted to be done by the AUTHORITY in connection with the AUTHORITY's
responsibilities for the operating property under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, the
AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by the
AUTHORITY in connection with the AUTHORITY's responsibilities for the operating
property under this AGREEMENT.
c:\wpwin60\wpdo s\octa\ame d.agr -2- 06/09/97
AMENDMENT NO. 1 TO
• AGREEMENT NO. C-94-814
In addition, in consideration of CITY'S voluntary undertaking of the
maintenance obligations for the South and North portions of the platforms as
described in Section 3.03, AUTHORITY hereby agrees to save, defend and hold
harmless CITY, its elected and appointed officers, employees and agents harmless
from any and all claims, liabilities, expenses, or damages of any nature arising out
of maintenance and repair obligations for the North and South platforms (10 -foot
strip extending from the center line of the track to the yellow tactile strip) CITY has
assumed following the effective date of this contract amendment (Section 3.03.)"
3. All other terms of the March 15, 1994, Cooperative Agreement between the
parties shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to the Agreement to be executed on the effective date first above written.
COUNTY TRANSPORTATION AUTHORITY
- C. YttCA,
L'efExecutive
Officer
to form:
Kennard R. Smart
General Counsel
Dated:
C F SA JUAN CAPISTRANO ATTEST:
J hn Greiner, Mayor Cheryl Joh on, G ty Clerk
Approved as to form:
John R. Shaw, City At r
c:\"pwiu6O\�vpdoc%\octa`anrciid.agr
-3-
oeior,97
m
OCTA
BOARD OF DIRECTORS
October 6, 1999
Thomas W. �Ison
Chairman
Laurann Cook
Vice -Chairman Mr. William H. Huber
Sarah L. Carr City of San Juan Capistrano
Director 32400 Paseo Adelanto
Cynthia Coad San Juan Capistrano, CA 92675
Director
Tom Daly
Director
SUBJECT: AGREEMENT NO. C-94-814
Tim Keenan
Director
Miguel Pullen
Director Dear Mr. Huber
James SI a
Director
Todd Spitzer Enclosed for your records is a copy of the above -referenced subject. If you have any
Director questions, please feel free to call me at (714) 560-5576
Michael Ward
Director
Susan Withrow Sincerely,
Director
Mike McManus
Governor's .
Ex-O%icic Member
Arthur C. Brown
Alternate Denise L. Heiser
Charles V. Smith Office Specialist III
Alternate
Contracts Administration and Materials Management
Gregory T. Winterbottom
Alternate
Enclosure
Orange County Transportation Authority
550 South Main Street/P.O. Box 14184/Orange /California 92863-1584/(714)560-OCTA(6282)
C-94-704
COOPERATIVE AGREEMENT
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT (hereinafter the "AGREEMENT") is made and entered
into this /Jr -�h day of MQrnh , 1994 by and between the Orange
County Transportation Authority, 550 S. Main Street, Orange,
California, 92613 (hereinafter referred to as "AUTHORITY") and the
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675, a public corporation of the State of
California (hereinafter referred to as "CITY").
I.
DEFINITIONS
1.01 Definitions. As used in this AGREEMENT, the following terms,
phrases, words and their derivations, shall have meanings set forth
herein. Words used in the present tense shall include the future
tense. Words used in the singular shall include the plural, and
the plural words shall include the singular. Words not
specifically defined shall be given their common and ordinary
meaning.
a. "Operating property" shall refer to that property
essential to railroad operations including but not limited to
rails, ties, railroad bridge, ballast and that portion of the
standard plaform which lies within ten (10) feet of the centerline
of the track.
Page 1
•
b. "Non-operating property" shall refer to property,
(excluding operating property, ticket vending machines and ticket
vending machine support facilities), which includes support
facilities for the commuter/intercity rail station adjacent to the
operating property such as parking, platform facilities,
landscaping areas, and the standard platform except for that
portion which lies within ten (10) feet of the centerline of the
track adjacent to the operating property.
c. "Standard platform" shall refer to that certain type
of rail passenger platform, the size, dimensions, and materials of
which are set forth in more particular detail in the plans and
specifications for the San Juan Capistrano station site, copies of
which are maintained in the office of the CITY, and as further set
forth in Exhibit "A" hereto which is incorporated by this
reference.
d. "Commuter/intercity rail station" shall refer to the
commuter/ intercity rail passenger terminal, including non-operating
property associated therewith, but not including the operating
property nor the ticket vending machines and ticket vending machine
support facilities.
II.
PURPOSE OF COOPERATIVE AGREEMENT
2.01 Design, Construction. Maintenance, and Security of
Commuter/Intercity Rail Station. The purpose of this AGREEMENT
shall be to set forth provisions for the design, construction,
Page 2
9 0
maintenance, and security for a commuter/ intercity rail station
located at San Juan Capistrano.
III.
RESPONSIBILITIES OF THE CITY
3.01 Commuter/ Intercity rail station construction. The CITY shall
be the lead agency for the construction of the commuter/intercity
rail station improvements.
3.02 Planning, zoning, and permits. The CITY shall obtain and
comply with any and all approvals, permits, licenses and
authorizations required by applicable law to enable it to fulfill
its obligations hereunder and shall comply with all federal, state
and local laws, regulations, rules and ordinances. Moreover, the
CITY agrees to act as the lead agency on all planning, zoning and
permit activities as required by California law. The CITY will
apply for and secure, at the sole expense of the CITY, all permits
required for the construction and operation of the
commuter/intercity rail station.
3.03 Maintenance and repair. The CITY agrees, at no cost to the
AUTHORITY, to maintain and repair the commuter/ intercity rail
station in good condition and order, and free from refuse, for the
benefit of the public and the persons using the commuter/ intercity
rail station for so long as the AUTHORITY shall serve
commuter/intercity rail passengers at the said commuter/intercity
rail station pursuant to this AGREEMENT. For the purpose of this
Page 3
AGREEMENT, "maintenance" shall refer to cleaning, sweeping and
refuse removal; "repair" shall refer to routine structural and
plumbing upkeep, but shall not include striping, signage, passenger
management or train operations. The CITY shall have the right to
sublease or grant privileges or concessions within the station as
may be mutually agreed between the AUTHORITY and the CITY in
writing, and the right to retain all revenues derived therefrom.
The CITY agrees, at no cost to the AUTHORITY, to maintain all
landscaping installed about the commuter/ intercity rail station
pursuant to this AGREEMENT. City standards shall be used to
determine the level of landscape maintenance to be provided.
The CITY shall, at no cost to the AUTHORITY, maintain the
commuter/ intercity rail station, parking lots, and platform and all
associated facilities with the exception of the ticket vending
machines and ticket vending machine support facilities. The CITY
also agrees to pay for all non-operating property utility costs,
excluding the ticket vending machines and related equipment which
will be paid by the AUTHORITY, and provide the required
utility/service connections for the commuter/intercity rail
station. City standards shall be used to determine the level of
maintenance to be provided.
3.04 Insurance. The CITY agrees to obtain and maintain liability
insurance or self-insurance for the commuter/ intercity rail station
and maintain this insurance in good standing.
3.05 Indemnity. Neither the AUTHORITY nor any officers, employees
or agents thereof shall be responsible for any damage or liability
Page 4
occurring by reason of anything done or omitted to be done by the
CITY in connection with the CITY's responsibilities for the
commuter/ intercity rail station under this AGREEMENT, including any
liability for the parking facilities located at the
commuter/ intercity rail station site and the CITY parking
facilities property. The CITY shall be solely responsible for
handling and processing any and all claims relating to the parking
facilities located at the commuter/ intercity rail station site and
the City parking facilities property. It is also understood and
agreed that, pursuant to Government Code Section 895.4, the CITY
shall fully indemnify, defend and hold the AUTHORITY harmless from
any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to
be done by the CITY in connection with the CITY's responsibilities
for the commuter/ intercity rail station under this AGREEMENT,
including any liability for the parking facilities located at the
commuter/ intercity rail station site and the CITY parking
facilities property.
3.06 Station security. The CITY shall arrange for and fund the
provision of security for the non-operating property at the
commuter/ intercity rail station to insure public and vehicle
safety. For purposes fo this AGREEMENT, "security" shall not
include ticket sales, train operations, passenger or guest
management, crowd control or other public safety activities related
to the operating property or train operations. City standards
Page 5
shall be used to determine the level of security to be provided for
the non-operating property.
3.07 Commuter/intercity rail barking. The CITY shall make good
faith efforts to provide parking for rail commuters.
3.08 Assignment to another agency. The parties to this AGREEMENT
hereby acknowledge and agree that at some future date, the CITY
may, at its option, assign its rights, interest, duties and
obligations under this AGREEMENT to another party upon thirty (30)
days written notice to and approval by the AUTHORITY. Such
approval shall not be unreasonably withheld.
IV.
RESPONSIBILITIES OF AUTHORITY
4.01 Incremental Station Costs. The AUTHORITY shall fund the
incremental station costs as set forth in the San Juan Capistrano
Station Cost Estimate (Exhibit "B").
4.02 Design, engineering, and construction. The AUTHORITY shall
fund the design, engineering, and construction of the
commuter/ intercity rail station facilities as set forth the San
Juan Capistrano Cost Estimate (Exhibit "B").
4.03 Platform lease. Upon station completion, the AUTHORITY shall
lease the standard platform as shown in the Platform Plans and
Specifications (Exhibit "A") to the CITY for one dollar ($1.00) per
year. This AGREEMENT constitutes the lease AGREEMENT between the
AUTHORITY and the CITY.
Page 6
0 0
4.04 Ticket vending machine maintenance. The AUTHORITY shall
provide and fund maintenance for the ticket vending machines and
related equipment.
4.05 Insurance. OCTA shall maintain adequate liability insurance
or self-insurance for the operating property. OCTA shall maintain
adequate liability insurance or self insurancce for the ticket
vending machines and ticket vending machine support facilities, and
shall name the CITY as an additional insured on the OCTA's policy,
as pertains to the ticket vending machines and ticket vending
machine support facilities.
4.06 Indemnitv. Neither the CITY nor any officers, employees or
agents thereof shall be responsible for any damage or liability
occurring by reasons of anything done or omitted to be done by the
AUTHORITY in connection with the AUTHORITY's responsibilities for
the operating property under this AGREEMENT. It is also understood
and agreed that, pursuant to Government Code SEction 895.4, the
AUTHORITY and the SORRA shall fully indemnify, defend and hold the
CITY harmless from any liability imposed for injury (as defined by
Government Code SEction 810.8), occurring by reason of anything
done or omitted to be done by the AUTHORITY in connection with the
AUTHORITY's responsibilities for the operating property under this
AGREEMENT.
4.07 Assignment to another agency. The parties to this AGREEMENT
hereby acknowledge and agree that at some future date, the
AUTHORITY may, at its option, assign its rights, interest, duties,
Page 7
0
0
and obligations under this AGREEMENT to another party with thirty
(30) days written notice to the CITY.
V.
NOTICES
5.01 Notices to parties. Any and all notices or communications
required or permitted by this AGREEMENT or by law to be delivered
to, served on, or given to either party to this AGREEMENT by the
other party to this AGREEMENT shall be in writing and shall be
deemed properly delivered, served, or given to the party directed,
to or in lieu of each such personal service, when deposited in the
United States mail, first-class postage prepaid, and addressed to:
Orange County Transportation Authority
550 South Main Street
P.O. Box 14134
Orange, CA 92613-1584
Attention: Manager, Contract Administration and
Materials Management
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: City Manager
Either party may change its mailing address for the purposes of
this paragraph by giving written notice of such change to the other
party.
LVAN
MISCELLANEOUS
6.01 Consents and Approvals. Any and all consents and approvals
provided for or permitted by this AGREEMENT shall be in writing,
IM
0 0
and a signed copy thereof shall be filed and kept with the books of
this AGREEMENT.
6.02 Entire Agreement. This document and the attachments hereto
contain and constitute the entire understanding and agreement
between the parties with respect to the subject matter hereof.
6.03 Amendments. This AGREEMENT may be amended or modified in any
way by an instrument in writing, stating the amendment or
modification, signed by the parties hereto.
6.04 Severability. In case any one or more provisions contained
in this AGREEMENT shall for any reason be held invalid or illegal,
or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof; and
this AGREEMENT shall be construed as such if such invalid, illegal,
or unenforceable provisions had never been contained herein.
6.05 Headings and Subtitles: Headings and subtitles of this
instrument have been used for convenience only and do not
constitute matter to be considered as interpreting this
AGREEMENT.
6.06 Attorneys Fees. In the event of any dispute hereunder or any
proceeding to enforce the provisions hereof, the prevailing party
in such dispute or proceeding shall be entitled to recover, among
other things, all costs, reasonable attorney's fees and reasonable
disbursements, regardless of whether such dispute or proceedings
are handled by attorneys or employees of such party or outside
counsel. "Prevailing party in any dispute or proceeding" shall be
the party who obtains substantially all the relief sought by such
Page 9
0 0
party in such action or proceedings, regardless of whether final
court judgement is entered.
6.07 No waiver on default. No waiver of any right or failure to
exercise any remedy with respect to any matter or event which is
the subject of this AGREEMENT shall be or be deemed to be a waiver
of such right or remedy with respect to any other matter or event,
or to contitute a precedent for the purposes of interpretation of
this AGREEMENT.
6.O9 Governing Law. This AGREEMENT shall be governed by and shall
be construed in accordance with the laws of the State of
California.
VII.
TERMINATION OF AGREEMENT
7.01 Acts Constituting Termination. This AGREEMENT shall commence
on the date this AGREEMENT is executed and shall continue until:
a. Terminated by either party ninety (90) days after
delivery of written notice to the other party;
b. The sale or transfer of title, after completion of
development of the commuter/intercity rail station;
C. Voluntary or involuntary transfer or assignment by
either party hereto without the consent of the other party of any
of the rights, title, or obligations set forth in this AGREEMENT;
d. Mutual agreement of the parties hereto to terminate
this AGREEMENT; or
Page 10
0
0
e. Any default or breach of this AGREEMENT by either
party hereto which has not been cured within thirty (30) days after
notice of such default by the other party, or such later time as is
reasonably necessary if the default cannot be reasonably cured
within such thirty (30) day period.
VIII.
ACCEPTANCE
8.01 Acceptance of Agreement. The undersigned, having read the
foregoing, accept and agree to the terms set forth therein.
ORANGE COUNTY TRANSPORTATION AUTHORITY
Oftelie
f Executive Officer
Approved as to Form:
Kennard R. Smart,
General Counsel
CITY OF SAN JUAN CAPISTRANO
Zolle.
Mayor
Dated -;X Z
Dated:
App ved as to fo
ichard K. Denhalter � /_ /f
City Attorney l 5! y
Page 11
0 0
EXHIBIT A
PLAN SHEET INDEX FOR SAN JUAN CAPISTRANO
PLATFORM SITE
1 TITLE SHEET
2 SITE PLAN
3 ENLARGED FLOOR PLANS
4 BUILDING ELEVATIONS
5 BUILDING SECTIONS
6 BUILDING SECTIONS
7 INTERIOR ELEVATIONS AND SCHEDULES
8 FOUNDATION AND FRAMING PLAN
9 KIOSK PLAN
10 DRAINAGE PLAN
S-1 SIGN PROGRAM
MP -1 PLUMBING/MECHANICAL PLANS AND DETAILS
E1 ELECTRICAL PLAN
TI LANDSCAPE TITLE SHEET
L1 IRRIGATION PLAN
L2 PLANTING PLAN
L3 IRRIGATION DETAILS
L4 PLANTING DETAILS
(
k
m
E
c
E -L
e
E
�
E
�
�
c
0
@
%
.§
2
w
7
0
U
E
0
k
U)
0
c
cz
EL
0
U
�
2
=3
E
e
U)
■
a
§
k
§
±
C6 /d = m <6 \ / }
/ 2
/
$
-
[
o
o
/
'r-
0
\
+
/
--
-
E
.2
-
3
v
o
/-
\
\)
\
§02
.
\|
±
C
]
LL
,
b
a
)
o
2
)/0
_
\
;f;§k§r-0
e
o
o==
-
/
-)
k
_cc
_
��
o§_
o>_
7
«
e
_o
k
0
7!
0)
W;
)
3
0
Cc
-
f
\
CL
e
a
(
2
3
§
7
c
cm
a
a
#
§
§
�
�
k
CL
\
PIA
•
•
AGENDA ITEM June 1, 1999
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Approval of Amendment No. 1 to the City of San Juan
Capistrano/Orange County Transportation Authority Cooperative Agreement
(Railroad Platforms)
RECOMMENDATION
By motion, approve the Cooperative Agreement Amendment No. 1 with the Orange County
Transportation Authority (OCTA) redefining maintenance and liability obligations with respect to
the North and South Railroad Platforms and authorize the Mayor to execute the Agreement on behalf
of the City.
SITUATION
A. Summary and Recommendation
In March 1994, the City entered into a Cooperative Agreement with the Orange County
Transportation Authority (OCTA) for the design, construction, maintenance, security and
liability responsibilities regarding the Railroad Platform south of Verdugo Street. With
completion of the Railroad Platform north of Verdugo Street in April 1996, Staff is
recommending approval of Amendment No. 1 to the Agreement to redefine maintenance and
liability obligations with respect to the North and South Platforms.
B. Background
In 1989, City Staff, in conjunction with Franciscan Plaza Investment Group and Blair Ballard
Architects, began the design of a railroad platform south of Verdugo Street. On August 25,
1993, the construction contract was awarded to ARA Engineering Contractors. Construction
of the South Platform started September 27, 1993, and was opened on March 24, 1994.
FOR CITY COUNCIL AGEND91
0
AGENDA ITEM -2- June 1, 1999
In March 1993, the Orange County Transportation Authority became the new owners of the
right-of-way and as a result, new lighting, signage and equipment requirements were placed
on the project in order to make the platform usable by Metrolink. The City, in conjunction
with OCTA and Metrolink designed the south platform plans to accommodate the new
requirements. OCTA prepared a financial plan as part of the Cooperative Agreement to
reimburse the City for approximately $55,000 of costs associated with those requirements.
The Agreement was executed in March 1994 by the City.
Amendment No. I amends sections 3.03 and 4.06 of the original agreement. This increases
the City's maintenance and platform repair obligation for the south platform and adds the
north platform. In return, OCTA agrees to hold the City harmless from claims arising from
the additional obligations from the center line of the track to the yellow tactile strip.
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The Cooperative Agreement Amendment No. 1 commits the City to both routine and long-term
repair and maintenance of the North Platform facilities. Annual routine electrical costs for the North
Platform are estimated to be $2,000. A total of $6,500 is covered in the City's maintenance budget
for all platform maintenance costs.
NOTIFICATION
Debbie Woods, Amtrak
OCTA
Guy Edwards, Manna Station
Metrolink
ALTERNATE ACTIONS
I. Approve the Cooperative Agreement Amendment No. 1 with the Orange County
Transportation Authority (OCTA) and authorize the Mayor to execute the Agreement on
behalf of the City.
2. Do not approve the Cooperative Agreement Amendment No. 1.
3. Request more information from Staff.
0
0
AGENDA ITEM -3- June 1, 1999
RECOMMENDATION
By motion, approve the Cooperative Agreement Amendment No. 1 with the Orange County
Transportation Authority (OCTA) redefining maintenance and liability obligations with respect to
the North and South Railroad Platforms and authorize the Mayor to execute the Agreement on behalf
of the City.
Respectfully submitted,
G�4e� s,61
William M. Huber, P.E.
Director of Engineering & Building
WMH/BP:ssg
Attachment No. 1:
Attachment No. 2:
a:\agendas\6-Iocta.bp
Pre aced by
I
Brian Perry, P.E.
Project Manager
Cooperative Agreement, March 15, 1994
Cooperative Agreement Amendment No.
•
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN JUAN CAPISTRANO
THIS AMENDMENT NO. 1 is made and entered into this day of
1997, by and between the Orange County Transportation Authority, 550 South Main
Street, P. 0. Box 14184, Orange, California 92613-1584, a public corporation of the State
of California (hereinafter referred to as "AUTHORITY") and the City of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public
corporation of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY entered into a Cooperative Agreement dated
March 15, 1994 (hereinafter referred to as "AGREEMENT') for design, construction,
maintenance, and security for a commuter/intercity rail station located in San Juan
Capistrano; and
WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the
purpose of redefining maintenance and liability obligations with respect to the North &
South platforms of the project;
NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows:
1. Section 3.03 is hereby amended in its entirety to read as follows:
"3.03 Maintenance and repair. The CITY agrees, at no cost to the
AUTHORITY, to maintain and repair the commuter/intercity rail station in good
condition and order, and free from refuse, for the benefit of the public and the
persons using the commuter/intercity rail station for so long as the AUTHORITY
shall serve commuter/intercity rail passengers at the said commuter/intercity rail
station pursuant to this AGREEMENT. For the purpose of this AGREEMENT,
"maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall
refer to routine structural and plumbing upkeep, but shall not include striping,
c:\wpwin60\wpd=c o,t \amend.agr -1- 06/09/97
0 0
signage, passenger management or train operations. The CITY shall have the right
to sublease or grant privileges or concessions within the station as may be mutually
agreed between the AUTHORITY and the CITY in writing, and the right to retain all
revenues derived therefrom.
The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping
installed about the commuter/intercity rail station pursuant to this AGREEMENT.
CITY standards shall be used to determine the level of landscape maintenance to
be provided.
The CITY shall, at no cost to the AUTHORITY, maintain the
commuter/intercity rail station, parking lots, and maintain and repair the North and
South Platforms with respect to the 10 -foot strip which extends from the center line
of the track to the yellow tactile strip, and all associated facilities with the exception
of the ticket vending machines and ticket vending machine support facilities. The
CITY also agrees to pay for all non-operating property utility costs, excluding the
ticket vending machines and related equipment which will be paid by the
AUTHORITY, and provide the required utility/service connections for the
commuter/intercity rail station. CITY standards shall be used to determine the level
of maintenance to be provided."
2. Section 4.06 is hereby amended in its entirety to read as follows:
"Neither the CITY nor any officers, employees or agents thereof shall be
responsible for any damage or liability occurring by reasons of anything done or
omitted to be done by the AUTHORITY in connection with the AUTHORITY's
responsibilities for the operating property under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, the
AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by the
AUTHORITY in connection with the AUTHORITY's responsibilities for the operating
property under this AGREEMENT.
c:\wp-n60\wpd—\oda\an o ag -2- 06/09/97
n
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN JUAN CAPISTRANO
THIS AMENDMENT NO. 1 is made and entered into this day of ,
1997, by and between the Orange County Transportation Authority, 550 South Main
Street, P. O. Box 14184, Orange, California 92613-1584, a public corporation of the State
of California (hereinafter referred to as "AUTHORITY") and the City of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public
corporation of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY entered into a Cooperative Agreement dated
March 15, 1994 (hereinafter referred to as "AGREEMENT") for design, construction,
maintenance, and security for a commuter/intercity rail station located in San Juan
Capistrano; and
WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the
purpose of redefining maintenance and liability obligations with respect to the North &
South platforms of the project;
NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows:
1. Section 3.03 is hereby amended in its entirety to read as follows:
"3.03 Maintenance and repair. The CITY agrees, at no cost to the
AUTHORITY, to maintain and repair the commuter/intercity rail station in good
condition and order, and free from refuse, for the benefit of the public and the
persons using the commuter/intercity rail station for so long as the AUTHORITY
shall serve commuter/intercity rail passengers at the said commuter/intercity rail
station pursuant to this AGREEMENT. For the purpose of this AGREEMENT,
"maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall
refer to routine structural and plumbing upkeep, but shall not include striping,
cAwpwm6OW4A c oM\amendagr -1- 06/09/97
signage, passenger management or train operations. The CITY shall have the right
to sublease or grant privileges or concessions within the station as may be mutually
agreed between the AUTHORITY and the CITY in writing, and the right to retain all
revenues derived therefrom.
The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping
installed about the commuter/intercity rail station pursuant to this AGREEMENT.
CITY standards shall be used to determine the level of landscape maintenance to
be provided.
The CITY shall, at no cost to the AUTHORITY, maintain the
commuter/intercity rail station, parking lots, and maintain and repair the North and
South Platforms with respect to the 10 -foot strip which extends from the center line
of the track to the yellow tactile strip, and all associated facilities with the exception
of the ticket vending machines and ticket vending machine support facilities. The
CITY also agrees to pay for all non-operating property utility costs, excluding the
ticket vending machines and related equipment which will be paid by the
AUTHORITY, and provide the required utility/service connections for the
commuter/intercity rail station. CITY standards shall be used to determine the level
of maintenance to be provided."
2. Section 4.06 is hereby amended in its entirety to read as follows:
"Neither the CITY nor any officers, employees or agents thereof shall be
responsible for any damage or liability occurring by reasons of anything done or
omitted to be done by the AUTHORITY in connection with the AUTHORITY's
responsibilities for the operating property under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, the
AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by the
AUTHORITY in connection with the AUTHORITY's responsibilities for the operating
property under this AGREEMENT.
0-p-n60\wp&-\o lean-Aagr -2-
06/09/97
•
In addition, in consideration of CITY's voluntary undertaking of the
maintenance obligations for the South and North portions of the platforms as
described in Section 3.03, AUTHORITY hereby agrees to save, defend and hold
harmless CITY, its elected and appointed officers, employees and agents harmless
from any and all claims, liabilities, expenses, or damages of any nature arising out
of maintenance and repair obligations for the North and South platforms (10 -foot
strip extending from the center line of the track to the yellow tactile strip) CITY has
assumed following the effective date of this contract amendment (Section 3.03.)"
3. All other terms of the March 15, 1994, Cooperative Agreement between the
parties shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to the Agreement to be executed on the effective date first above written.
PGE COUNTY TRANSPORTATION AUTHORITY
Executive Officer
Ap roved as to form:
Kennard R. Smart
General Counsel
CI F SAN UAN CAPISTRANO
J Greiner, Mayor
Approved as to form:
John R. Shaw, Cit ttorney
c:\wpwin60\wpdocs\ocu\anicnd.agr -3-
Dated:
AST:
Cheryl Jo so , City Clerk
06/09/97
3
0 0
AUTHORIZING SUBMITTAL OF CITY'S MEASURE M ELIGIBILITY
PACKAGE (820.25)
As et forth in the Report dated June 1, 1999, from the Engineering and Building Director,
staff authorized to submit the City's eligibility package, which certified the existence of
a paveme management program and determined the City's Circulation Element to be in
conformance ith the County Master Plan of Arterial Highways, to the Orange County
Transportation hority.
DRIVE (590.50)
As set forth in the Report dated e1, 1999, from the Engineering and Building Director,
the following Resolution was adop d establishing "No U -Turns" for northbound and
southbound traffic on Del Obispo Stre%ESTA
Mesa Drive:
RESOLUTION NO. 99-6-1-3ISHING "NO U-TURNS" - DEL
OBISPO STREET AT DANA MESA D E - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO U -TU" FOR NORTHBOUND
AND SOUTHBOUND VEHICLES ON DEL OBIS STREET AT DANA
MESA DRIVE
APPROVAL OF AMENDMENT NO. 1 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY COOPERATIVE AGREEMENT -
RAILROAD PLATFORMS (600.50)
As set forth in the Report dated June 1, 1999, from the Engineering and Building Director,
Cooperative Agreement Amendment No. l with the Orange County Transportation
Authority, which redefined maintenance and liability obligations with respect to the North
and South Railroad Platforms, was approved.
42( 0.70)
Council Member Jones advised he won stain due to a potential conflict of interest relating to his
ownership of nearby property.
Proposal:
Consideration of a request to subdivide approximately 20 located at 32281 Del Obispo
Street into 3 one -acre parcels, I ten -acre parcel, and a seven -ac mainder parcel. The
City Council Minutes -4- 6/1/99
32400 PASEO ADELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053 (FAX)
June 3, 1999
Javan �
I�nlele 1961
1776
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, California 92613-1584
Re: Amendment No. 1 to Cooperative Agreement
Gentlemen:
MEMBERS OF THE CITY COUNCIL
GOLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of June 1, 1999, the City Council of the City of San Juan Capistrano
approved the Cooperative Agreement Amendment No. 1, which redefined maintenance
and liability obligations with respect to the North and South Railroad Platforms in the City
of San Juan Capistrano.
Four copies of the agreement have been signed by the City and are enclosed. Upon
approval by the Board of Directors, please return one fully -executed copy to the City
Clerk's office.
Thank you for your cooperation. Please feel free to contact Brian Perry at 949-443-5353
if you have any questions.
Very +truly yours,
Cheryl Johns
City Clerk
Enclosure
cc: Guy Edwards, Manna Station
Metrolink
Debbie Woods, Amtrak
Engineering and Building Director (with enclosure)
Brian Perry (with enclosure)
San Juan Capistrano: Preserving the Past to Enhance the Future
16
on usE
It{
March 22, 1994
Mr. John B. Catoe, Jr.
Director of Operations
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, California 92613-1584
Dear Mr. Catoe:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of March 15, 1994, the City Council of the City of San Juan Capistrano approved
the Cooperative Agreement No. C-94-704 with the Orange County Transportation Authority which
defined various responsibilities for the commuter/intercity rail station in San Juan Capistrano. A
fully -executed copy of the Agreement is enclosed for your files.
If you need any further information, please let us know.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Julia Kimminau
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
0
0
Council recessed at 11:33, p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 11:34 p.m.
—�� 1. COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
FOR THE RAILROAD
Council Members Jones and Vasquez advised they would abs in on this item due to a potential conflict of interest
relating to the proximity of the project to their businesses/residences
Written Communication:
Report dated March 15, 1994, from the Ciry Manager, recommending that the City enter into a Cooperative
Agreement with the Orange County Transportation Authority (OCTA) identifying OCTA as the owners of the
railroad platform, leasing it to the City for $1.00 per year, and committing the City to routine and long-term
repair and maintenance of the platform facilities. The Agreement also identified the liability responsibilities
of the City and the Orange County Transportation Authority.
Rule of Necessity:
The City Attorney noted that the Rule of Necessity allows participation in the decision-making of an otherwise
disqualified Council Member if that vote is necessary to obtain the quorum needed to take action and no other
alternatives exist. The Council Member allowed to vote would be chosen by lot and would be required to
disclose the nature of the conflict and any financial benefit. The City Council was advised that it was necessary
to take action on this item at this time because the railroad platform was scheduled to open Monday, March 28,
1994, which was prior to the next City Council meeting date. The City Clerk flipped a coin and Council
Member Jones was selected to participate in the decision. Council Member Jones advised that he had a
potential conflict of interest in this project due to the proximity of his residence and business and the opening
of the railroad platform could benefit his business.
Approval of Cooperative Agreement
It was moved by Council Member Jones, seconded by Council Member Nash, that the Cooperative Agreement
between the Orange County Transportation Authority and the City be approved for the design, construction,
maintenance, security, and liability responsibilities for the railroad platform. The motion carried by the
following vote:
AYES:
Council Members Jones and Nash and Mayor Campbell
NOES:
None
ABSTAIN:
Council Member Vasquez
ABSENT:
Council Member Hausdorfer
The Mayor was authorized to execute the Agreement on behalf of the City.
City Council Minutes -13- 3/15/94
0
P
AGENDA ITEM March 15, 1994
TO: Honorable Mayor and Members of the City Council
FROM: George Scarborough, City Manager
SUBJECT: City of San Juan Capistrano/Orange County Transportation Authority
Cooperative Agreement (Railroad Platform)
--------------------------------------------------
--------------------------------------------------
RECOMMENDATION:
By motion, approve the Cooperative Agreement with the Orange County Transportation
Authority (OCTA) for the design, construction, maintenance, security and liability
responsibilities regarding the Railroad Platform and authorize the Mayor to execute the
Agreement on behalf of the City.
SITUATION:
In 1989, City staff, in conjunction with Franciscan Plaza Investment Group and Blair Ballard
Architects, began to finalize a concept for the design of a railroad platform south of Verdugo
Street. Concurrently with the development of the concept design, staff submitted a
Transportation Capital Improvements (TCI) application to Caltrans.
In July 1991, the City's TCI application for $275,000 in funding for construction of the railroad
platform project was approved by the State Legislature and included in the FY 91-92 budget.
This grant amount was later increased to $330,000 for this portion of the Platform project.
Blair Ballard Architects finalized the design and on August 25, 1993, the construction
contract was awarded to ARA Engineering Contractors. Construction of the Platform started
September 27, 1993.
Throughout most of the design process, the Atchison, Topeka & Santa Fe Railroad (AT&SF)
owned the Railroad Right of Way. In March, 1993, the Orange County Transportation
Authority became the new owners of the Right of Way and as a result, new lighting, signage
and equipment requirements were placed on the project in order to make the platform
usable by Metrolink. The ity, in conjunction with OCTA and Metrolink, has made every
effort to re -design the platfoYm plans to accommodate the new requirements. OCTA has
prepared a financial plan (Exhibit B of the Cooperative Agreement) to reimburse the City for
all costs associated with those requirements. This amount is estimated at $55,000.
The Cooperative Agreement identifies OCTA as owners of the Platform and provides for the
City to lease it for $1 per year. This is done for maintenance purposes, since OCTA does
not have funds which may be used for the maintenance of platforms. The Cooperative
Agreement commits the City to both routine and long-term repair and maintenance of the
platform facilities, estimated at $41,600 per year.
FOR CITY COUNCIL AGEN �� f
0
10
Agenda Item - 2 - March 15, 1994
The Cooperative Agreement identifies both maintenance and liability of the Platform as being
the responsibility of the City as it relates to the areas that are considered to be part of the
"non-operating" property which includes,
"support facilities for the commuter/intercity rail station adjacent to the
operating property such as parking, platform facilities, landscaping areas, and
the standard platform except for that portion which lies within ten (10) feet of
the centerline of the track adjacent to the operating property"
OCTA will retain liability responsibility for the "operating property," which is defined as,
"that property essential to railroad operations including but not limited to rails,
ties, railroad bridge, ballast and that portion of the standard platform which
lies within ten (10) feet of the centerline of the track."
The definition of "operating property" includes the 4 -foot 8 -inch portion of the Platform
adjacent to the tracks which will be directly utilized for passenger boarding and alighting and
will potentially cause the greatest liability. This area is clearly identified by a yellow line and
the written warning that passengers should stand behind it for safety reasons. By definining
the "operating property" in the Cooperative Agreement to include this area of the Platform,
the liability issues associated with incidents occurring in this area fall within OCTA's
responsibility.
It is anticipated that the construction phase of the Platform will be essentially completed by
the Metrolink service start-up date of March 28, 1994. Some temporary lighting, which will
not exceed the lighting levels approved by the City Council at its February 15, 1994 meeting,
will be provided on the Platform by OCTA until the Metrolink -required and City Council -
approved lighting is designed and installed. A signage program was also approved by the
City Council on February 15, 1994, and will be incorporated into the Platform construction
at a later date by OCTA.
With the City Council consideration and approval of this Cooperative Agreement, OCTA will
be able to use the San Juan Capistrano Platform for the initiation of its new Metrolink service
between Los Angeles and San Diego Counties.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The Cooperative Agreement commits the City to both routine and long-term repair and
maintenance of the platform facilities.
0 0
Agenda Item -3-
Annual
3 -
Annual routine costs are estimated as follows:
Supplies
$ 2,400
Landscape Maintenance
$ 7,200
Restroom Maintenance
$18,000
Building Maintenance
$ 3,000
Graffiti Removal
$ 5,000
Water - All Uses
$ 3,600
Electricity
$2,400
Total Routine Annual Costs
$41,600
March 15, 1994
In order to cover the anticipated maintenance costs for the remainder of Fiscal Year 93-94,
a total of $11,900 has been budgeted as follows:
Account Numbers Amount
01-62252-4445 (Supplies)
$ 600
01-62416-4445 (Restroom and Building Maintenance)
$ 5,500
01-62414-4445 (Landscape Maintenance)
$ 1,800
01-62419-4431 (Graffiti Removal)
$ 1,000
01-62153-4445 (Water)
$ 1,800
01-62151-4445 (Electricity)
$1,200
TOTAL in I°Y 93-94 Budget
$11,900
Additionally, there is a potential need for a $12,000 maintenance effort every five years. This
would include painting and major repairs.
John B. Catoe, Jr., Director of Operations
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92613-1584
ALTERNATE ACTIONS:
Approve the Cooperative Agreement with the Orange County Transportation Authority
(OCTA) for the desig n, construction, maintenance, security and liability responsibilities
regarding the Railroad Platform and authorize the Mayor to execute the Agreement
on behalf of the City.
2. Do not approve the Cooperative Agreement.
3. Refer to Staff for additional information.
0 0
Agenda Item - 4 - March 15, 1994
--------------------------------------------------
RECOMMENDATION:
By motion, approve the Cooperative Agreement with the Orange County Transportation
Authority (OCTA) for the design, construction, maintenance, security and liability
responsibilities regarding the Railroad Platform and authorize the Mayor to execute the
Agreement on behalf of the City.
Respectfully
GS:JMK
Attachment
m
ti
m
Z
W
c
ca
IL
U
cz
LL
c
Eco
C
-6+ _
cn
co
O
U
c
O
ca
cnto
O
c
co
yr
Q
co
c
ca
''c
VJ
0 0
O O O O 0 1D
m w P P
O O O O O Tq
O O O O N O O N O O
N C ^ O 00 Td N P M r m
N 0 M
i»
`h pG�&t�-
G L a--�
31151gLi
co
C0
O
h
o
N
Of
2
y
C
O
V
Q
w
a
U
U
O
E
C
.2
C
N
N
O
v
lim
c
Q
d0�
�
LL
m
N
0E
o
Y
�
d
fn
occE
C
E
O
U
C
o'
•m
E
Ofd
t��
m
J
U
N
o
C
C
E"
v
c
H
V
C
cmE
d
<0
N
CD
y
a
N
U
C
o
2O)
y
C
o
U7
C
�
W
m
E
mL
E
dc
O
d
Z
naM
E
H
U
O
O
�
`h pG�&t�-
G L a--�
31151gLi
co
C0
0 0
M
OCTA
80AROOFOiRECrORS I March 10, 1994
Gadd; H- Vas4l,ez
Chairman
William D. Mahoney
Vice-ChairmaCity Manager
n
CITY OF SAN JUAN
Sarah Catz
Directtoror CAPISTRANO
Gary L. Hausdorfer 32400 Paseo Adelanto
D-ct°r San Juan Capistrano, CA 92675
Iry Pickle,
Director
Charles V Smith City Manager:
Director
Roger H. Stanton
Director Enclosed please find Agreement C-94-704 with City of San Juan Capistrano and OCTA
William G. Sterner to set forth provisions for the design, construction, maintenance, and security for a
Director commuter/intercity rail station located at San Juan Capistrano.
Bob Wahlstrom
Dvector Please sign and return to me as soon as possible. Do not date the first page of this
Harnett M. Wlede, document; it will be dated once fully executed.
Director
Daniel H-Vonng If you have any questions, please contact me at (714) 560-5621.
Director
Brent Felker
Governor",, Ex- Off iao
Member Sincerely,
Freon Krause n
rnate
AF Rdey
m
Thoasit Racy
Alternate
Greg°"Wropeb°``am Arlene Terry
Alternate
CAMM Administrative Coordinator
Enclosures
DELIVERED BY MESSENGER
Orange Counit G2nsportdhor; Ai:1, ity
550 South Main Street; P.0. Box 14184: OrangeOahforma 926 13-1 584.17141560-007A(6,282)