-D AGENDA REPORT SAN CLEMENTE CITY COUNCIL MEETING …

Department: Prepared By:

Subject:

AGENDA REPORT SAN CLEMENTE CITY COUNCIL MEETING

Meeting Date: September 15, 2015

Community Development Department Cliff Jones, Associate Planner

PIER BOWL TRAIN STATION

Agenda Item /-D Approvals: ~

City Manager

Dept. Head & Attorney SC;;, Finance d\J

Fiscal Impact: Elimination of the Pier Bowl train station may have unknown economic impacts to the City. Future detailed analysis would be necessary to quantify the fiscal impact.

Summary: Report on the history of the Pier Bowl Train Station and the possibility of its removal.

Background: The original train station in San Clemente was in

Discussion:

North Beach, shown in this photo. Sometime in the 1960's the station was moved to the Pier Bowl, where for decades, the pier was San Clemente's only train station. In the 1990s, when Metrolink joined Amtrak on the coastal rail corridor, San Clemente built a Metrolink station and train platform at North Beach. The grand opening of the North Beach station occurred in 1995.

Concerned about losing train visitors in the Pier Bowl, the local business community gathered community and City support for the retention of the Pier Bowl train station to maintain the economic viability of the area. In 1996, local business owners worked with Metrolink, the City of San Clemente, and the Riverside Transportation Commission to set up weekend "beach train" service to the San Clemente Pier from the Inland Empire. Beach train passengers were unloaded at the Pier via portable stairs constructed of wood. Local volunteers donated their time to set up the portable stairs prior to train arrival and retrieve them after train departure. Attachment 2 is an article from the Los Angeles Times summarizing the effort. Following the success of the Metrolink beach train, the City Council in 1997 directed City staff to work with local business owners in the construction of a formal train platform in the location that exists today. Construction of the Pier Bowl train platform occurred in 1998 and required approval of a License Agreement with OCTA and approval from the California Coastal Commission. Metrolink and Amtrak both provide train service in the Pier Bowl. Metrolink also provides service to North Beach but Amtrak does not.

In Orange County, San Clemente and the City of Anaheim are the only two cities that have two train stations.

On August 4, 2015 the City Council requested staff investigate the possibility of consolidating the train station at the San Clemente Pier, and having both Amtrak and

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Agenda Report Page 2

Metrolink stop at the North Beach station. Attachment 1 are meeting minutes. The City Council noted potential benefits of eliminating the station such as a positive economic impact to the North Beach area and elimination of passenger confusion. The City Council also noted that local merchant's in the pier area may not be receptive to the idea. These considerations as well as other considerations for the City Council regarding the potential elimination of the Pier Bowl train station are outlined below.

Consideration # 1: Orange County Transportation Authority Preliminary discussions with OCTA indicate they are not supportive of eliminating the Pier Bowl train station. Currently, both Amtrak and Metrolink service the Pier Bowl and the Pier Bowl station is the only Amtrak stop in San Clemente. The expanding popularity of train service within the Pier Bowl has led OCTA to pursue adding lighting to the train station to improve safety. OCTA has developed detailed plans for this effort, which have been placed on hold following the City Council's investigation into removal of the train station. The City is responsible for maintenance of the Pier Bowl train platform under a license agreement, Attachment 3.

If the City Council were to pursue elimination of the station they would need to terminate the license agreement with OCTA by providing a thirty day written notice. Although OCTA has leased the "non-operating" area of the Pier Bowl train station to the City, OCTA retains underlying ownership of the entire commuter rail station and provides commuter rail service utilizing the station under agreement with the Southern California Regional Rail Authority ("SCRRA"). Whether the City may unilaterally limit SCRRA's or Amtrak's access to the Pier Bowl station will require additional research. Elimination of the train station also has the potential to damage relations between the City and OCTA. Over the years, OCTA has partnered with the City of San Clemente to make improvements along the OCTA-owned railroad right-of-way to help improve safety and quality of life for San Clemente residents and visitors, including the San Clemente Beach Trail, new pedestrian crossings and an audible warning system.

Consideration # 2: California Coastal Commission Preliminary discussions with the California Coastal Commission indicate that the City would need to obtain Coastal Commission approval to eliminate the train platform. The Coastal Commission indicated they are not supportive of the potential elimination of the station as it serves to provide beach access to the community.

Consideration # 3: General Plan and Pier Bowl Specific Plan Goals & Policies The following General Plan and Pier Bowl Specific Plan Goals & Policies should be considered in the potential elimination of the station.

General Plan, Mobility and Complete Streets Goals & Policies Primary Goal:

• Create a comprehensive, multimodal transportation system that provides all users with safe connections to homes, commercial centers, job centers, schools, community centers, open spaces, recreation areas and visitor destinations.

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Agenda Report Page 3

Policies • M-2.05 Rail Facilities and Programs. We support the retention of passenger

rail facilities at North Beach and in the Pier Bowl to help meet inter-city and regional transportation needs.

• M-2.06. Regional Rail Service. We support the expansion of Metrolink and Amtrak service by the Southern California Regional Rail Authority, OCTA, and other agencies to enhance San Clemente's regional transit accessibility for residents, employees and visitors.

• M-2.53. Public Facility Access. We give high priority to providing pedestrian and bicycle access to all public facilities and transit stops and will coordinate with OCTA as necessary.

• M-4.03. Automobile Parking Demand. We reduce automobile parking demand by improving public transit, bicycle and pedestrian mobility, particularly to and from our key destination areas.

Pier Bowl Specific Plan, Chapter 3: Goals, Objectives, and Policies 304.C.1.Goal:

• Improve mass transit in the Pier Bowl to reduce parking and circulation needs.

304.C.2.Policies: • The City shall continue to work with OCTA and Amtrak to provide more bus

and rail services. • The City shall consider maintaining and improving the train depot adjacent to

the Pier (in addition to the commuter rail station at North Beach) to accommodate a ticket machine, a platform waiting area, and public bathrooms and showers.

Consideration# 4: Local Businesses Members of both the Pier Bowl Merchant's Association and the Downtown Business Association have expressed concern about the potential elimination of the station, indicating that the elimination of the train station would have a negative impact to the economic vitality of the Pier and Downtown area. Local merchants from these organizations were involved with the original construction of the station.

Consideration # 5: Benefit to North Beach Elimination of the Pier Bowl train station could have a positive economic impact to the North Beach area. With the elimination of the station, Metrolink train passengers would only be able to stop at North Beach. (Amtrak would need to evaluate whether to stop at North Beach; currently Amtrak does not stop at North Beach.) Train -passengers arriving at North Beach would have the opportunity to shop and dine in the North Beach area, which could have a positive economic impact to the area. The positive economic impact could help further the City's goal for North Beach, which is to "Re-establish and maintain a vibrant community- and visitor-serving, mixed use entertainment center which capitalizes on its proximity to the beach and significant historic resources."

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Agenda Report

Recommended

Page4

Consideration # 6: Eliminate Train Passenger Confusion Elimination of the Pier Bowl train station would reduce the potential for train passenger confusion. Although both Amtrak trains and Metrolink trains stop at the Pier Bowl train station, not every train Amtrak and Metrolink train stop there and this can be confusing to passengers. Train users report conflicting digital information dispensed at the ticket vending machines that can further add to confusion. Elimination of the station could eliminate the potential for confusion.

Conclusion

Above are considerations for the City Council regarding the potential elimination of the Pier Bowl train station. The City Council should discuss the subject in light of the information presented in the staff report and provide staff direction on the subject.

Action: STAFF RECOMMENDS THAT the City Council discuss the subject in light of the information presented in the staff report and provide staff direction on the subject.

Attachments: 1. August 4, 2015 City Council Meeting minutes (excerpted) . 2. Los Angeles Times article dated September 4, 1996. 3. OCTA License Agreement with City.

Notification: OCT A Pier Bowl Merchant's Association Downtown Business Association PE Dal

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Attachment 1

City Council Minutes - Special and Re1ular Meeting of August 4, 2015 Page 14

Possible Fo rmatbn of a San Clemente Sch:>ol District

Councilmember Brown requested that the City conduct an impartial

informa!Jonal public workshop to share the research that was done

concerning the possibility of the City separating from the Capistrano

Unified School District and forming its own school district. Co ncil

concurred .

LED Lights

Councilmember Ward requested that Staff report back to Council on

options for LED lights with special emphasis on brightness of the lights

and alternate colors that are available.

Camo Pend tetm Naval Hosoital Change of Command

Mayor Pro Tern Baker reported on his attendance at the Camp

Pendleton Naval Hospital Change of Command ceremony.

Slide the City

Mayor Pro Tern Baker noted the existing severe drough conditions and

requested that the Special Activities Permit for the Slide the City event

be agend lzed for Council consideratior prior to approval.

Beach Showers - Consideration of Disengaging Beach Showers

Durlno th eDrou.oht

Mayor Pro Tern Baker suggested that the City follow in the footsteps of

the State . and consider disengaging the showers at City beaches during

the drought. Following review, Council decided to not agendize the

matter.

Ambu lance Solutions

Mayor Hamm requ ested that Staff provide a report on ambulance

solutions at a future meeting. City Manager Makshanoff responded that

this item will be agendized for the City Council meeting of August 18,

2015.

Mayor Hamm requested that Staff research he possibility of ehm1naling

the train stop at the San Clemerte Pier and hav,ng both Amtrak and

Metrolink stop at the North Beach station.

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ATTACHMENT 2

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;Inland Empire 'Beach Train' Building .. Steam·! • When the flrot Met,ollnk • "Ill• ·b<uh ll1ln.l would uoli

"Duch Trun" ,oll<d Into town tllv• l>t«,me I rt>llly w ~·•; ;Ju.a• 15, brlnglnr r.oo pusengm iNCh • otStdOw,l pr- u It:

fro!• th, lnlond Empire to th llidnolbt<n(orl!:tpri••tu«lor,

,oltr'• l>n<h.,, •••Llunnui •nd r-•larlyaellouL Working with Metrollnk and Utketa and 30,000 ruert Ifft ol fn s.,, Clemoni..· •kl Pei,,, HI-JlO,..., 1><8,11\iz.enl ol the ae1Ylcc ·•· daJio, Mettollnk ,pok..,,..,._

;cooldn't lavt ruell:l<d "°'" popu. The clly of San Clemen le io Cati SchJerme1u, • c<>nJUltant lo charge. And•"'°"• • wnltaclDr, The mere Ila.a Lo havueen U,dr

l.u II would bffomt. "'IMinr kudo.! /or lhe aenl<:e, lht lllverald• Tranaportatlon dHil!Jled and bull! • wheelchalr work PIY alt.An lnlormal aurY•T

TM number ol e..unton,, Pr.it but II wu 1clually "'1flnlred by Commi.eu.n-whlch undtrwrole ac,.,. ramp !or pusensera. /mmd u,,1 puttngtnl tp<nd an

,Ml •I three, wu "'l"dded lo local bll>lne ... e:nnd volunlecn. lhe n ... 1 U,re<1cheduled lnlru- l!oth enllal.ed Volunlttrw from ••er•seol154 <><h ~urlog I day

IOffl durfntr tho ,ummer, r nd "A lot of pe<,ple think this wu local mltepNlneuni Jetty Leh- around lown lo help with evuy- 1 1 tht b<&eh, Al 1,200 P~"'"ll'"• !

• ,11<>w two more-on• lhU ,nonlh a <llf·"P""'°""' projec~ • ltl•yor man and Rick Anderson l\ar!M thing from llffl!llng -npn al 1 ,,. in. that m .. n., neh run hu!

• and on• ln Oc1ober-oro tdl<d- Stevr Apcd,ca said. Bui "if we the wheelJI turning. the lraln lo pallU\I' out Iller.I ond lhe . pole.nll•I to hoo.,I loCII:

• ,Ultd. The weekend day trip.a '"' hid 11'\ed Lo do It, wt'd atlll lie ~hman, •ho own, 1 prinUng building wooden plaUanM for u- bualn-,,, by morw d,on Sllf ,000 . •

,In _auch demond that tlc~e1,_ iloJdlngpubllchellrinsL" ·~~gr~p"!~ ~r_m,!"3d~. P'"(ffll, riving~<~ ll\/l_!':""~ . ,. -:JU"!F. ~~'!'F:_~UJ:l·IV>.!'I

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LIVING TUESDAY, July 16, 1996

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• INSIDE: PEOPLE/12 CONVERSATION/ 113 TELEVISIONIH COMICS/II

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'Beach Train~ ticket! sales move full steam ahead • , . I

Popular weekend run ·,etween Riverside tnd San Ckment.e ills up fast.

'Ntkot,$nlea hove gone riutcr than .~l-nwvi111; l'tcl11bt lralns (or the w:1ch 'T'rain." wljkh rolls from

Rivel'llldeCounty lo San Clemente yeera ofpcint-up demand since the Aug. ll, l? and 31.;0the.r dateunay for the flaC!Ond tlma lhi, weekend. j Red Cars haven't opernl.ed betweon be nddcd In September, and county

'111c truin hu been immensoly · , R.iver,ide and the beach for 40 officia!Ji ILl1!$ludyin(! whether to popular; 111id P<itcr Hldolgo, yean,, but we rceU.r didn't have any . mllke the Beach Tr Jin a pennanent ~poke,man for Mel.rill ink, whkh accurate wGy to gauge tho demand," 111U11mertime fixt\l,t. provides the servico. Cornelison $lid. . Tbi,i weeke.nd'11 tnp1 l'llincide with

Tn ract. It's BO popular tbnt ticket,; '!'he IO carpeted, upholst.ered LS(). the lnrge!lt festlvalijlh" year In will be difficult l.o gel at ell fot' Sa~ (IO~aenger Mclrolink caca lecnre• San Clome.nLc,.thu n fC'ltivoJ, ,urday, Swu1Ay or two other tripe Riverside at 8:54 a.m. Saturday ¥nd Hldall!I) said. wn1e 1hould be &rte

.scl1eduled tllia summer, ~nid Susnn SundllJI and gel to lheAmtrak Bta· 11ml crull:J and Ioli! do." Comell1on of the Rivenide County tion ia San Clomente o~ 10:28 e.rn. At the •t.ation, ho ddcd, \be Tranaportotlon Corn.mission, which They leave the beach el 4:45 p.m. beach 1, on one 5id•;orlho 1n1rk: lhc is underwriting the pl'Qject. ond get back.to Rivarsido al 6:20 • lv>t», ol\ the other. I ·

"We kn""" there wBS about 40 p.m. The routine will be repented Pussengcn can bfing t:00,let• ond

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roost beach i~nu on tho train, • · though some lhlngnre prohibll<!d.

'Thel.re not oUowed to bring sun· boards, bkytle.s, beach chairs or fishing poles, bca111$C we're trying to 41:C01Drnodal411t many Jli'Opl& ns f>Oll' sil,Je:Hidnlsn.s•id. "Tho.so it.tomJ will b,,uvnllnble for thom lo Nml In Sa11 Clomcnr.c.·

Roond,trip tkkels n..-:$10 n pcr'S<m or $!J,'i for n family offnur. Thcy'ro aillliloli!c only by n.-scrvuUon by cnll, inii the·lli••n<ide Pu,b nnd n..""-"' ~oon.J)"pnrtmon1111 (00!))715-34,10. . - - • - •

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AITACHMENT 3 t"\\.i\NUI IUI 1y

CAMM FPA PM /71 Ta y /or / :50,ts;{ Vendor i/, J/ ·

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COOPERATIVE AGREEMENT NO. C-2-1ftf\ !2/-bsJY/IU;

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY

AND

CITY OF SAN CLEMENTE

FOR

COMMUTER RAIL STATION

THIS AGREEMENT is made and entered into this /l3 dday of -~ , 2013, by

9- and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,

10 Orange, California 92863-1584, a public entity (hereinafter referred to as "AUTHORITY"), and the City

11 of San Clemente, 910 Calle Negocio, Suite 100, San Clemente, CA 92673 (hereinafter referred to as

12 "CITY"). Herein, AUTHORITY and the CITY are sometimes referred to as "PARTY" and collectively as

13 "PARTIES".

14 WITNESSETH:

15 WHEREAS, AUTHORITY, through the Southern California Regional Rail Authority (SCRRA),

16 provides commuter rail service between Oceanside and Los Angeles; and

17 WHEREAS, CITY and AUTHORITY jointly desire to ensure that San Clemente residents and

18 businesses have access to commuter rail service in the City of San Clemente at a convenient

19 Commuter Rail Station in tt;ie CITY; and

20 WHEREAS, AUTHORITY is a member entity of SCRRA; and

21 WHEREAS, the commuter rail station (STATION) located at 615 Avenida Victoria in the City of

22 San Clemente requires repairs to bring it into compliance with the Americans with Disabilities Act (ADA)

23 and the Federal Railroad Administration standards for transportation facilities ; and

24 WHEREAS, SCRRA will be implementing the necessary improvements through a separate

25 agreement with AUTHORITY, at no cost to the CITY; and

26 WHEREAS, CITY shall lease STATION from AUTHORITY for an annual fee of One Dollar

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l:\CemmlCLERICALICLERICALIWOROPROCV\GREE\agS0302

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COOPERATIVE AGREEMENT NO. C-2-1988

1 ($1.00); and

2 WHEREAS, CITY shall maintain, as defined in this Agreement, STATION after improvements

3 are made at STATION; and

4 WHEREAS, this Agreement defines the roles and responsibilities of the AUTHORITY and CITY

5 and sets forth the provisions for the operation and maintenance of the STATION after the necessary

6 improvements have been made;

7 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as

a follows:

9 ARTICLE 1. COMPLETE AGREEMENT

1 O A. , This Agreement, including any attachments incorporated herein and made applicable

11 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of

12 this agreement between AUTHORITY and CITY and it supersedes all prior representations,

13 understandings, and communications relating to the subject matter of this Agreement. The invalidity

14 in whole or in part of any term or condition of this Agreement shall not affect the validity of other

15 term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and

16 are incorporated by reference herein.

17 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any

18 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of

19 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) ,

20 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any

21 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed

22 in writing by an authorized representative of AUTHORITY by way of a written amendment to this

23 Agreement and issued in accordance with the provisions of this Agreement.

24 C. CITY's failure to insist on any instance(s) of AUTHORITY'S performance of any

25 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of

26 CITY's right to such performance or to future performance of such term(s) or condition(s), and

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AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any

portion of this Agreement shall not be binding upon CITY except when specifically confirmed in

writing by an authorized representative of CITY by way of a written amendment to this Agreement

and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT

This Agreement specifies the terms, conditions, funding roles and responsibilities of the Parties

as they pertain to the subjects, projects addressed herein. Both AUTHORITY and CITY agree that

each will cooperate and coordinate wlth the other in all activities covered by this Agreement and any

other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. DEFINITIONS

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 future

tense. Words used in the singular shall include the plural, and the plural words include the singular.

Words not specifically defined shall be given their common and ordinary meaning.

a. "Operating Property" is defined as the "Orange Subdivision", real property owned by

AUTHORITY that is used for railroad operations, including but not limited to rails, ties, ballast, platform

tactile strips, painted guidelines, communication shelter, and ticket vending machine.

b. "Non-Operating Property" is defined as property and facilities (excluding Operating

Property), which includes support facilities for the STATION adjacent to the Operating Property such as

parking, Platform Fixtures, landscaping and the Standard Platform.

c. "Standard Platform" the certain type of rail passenger platform, the size, dimensions,

and materials of which are required by SCRRA and set forth in specifications on file with SCRRA.

d. "Platform Fixtures" are the fixtures attached to the Standard Platform, including, but not

limited to, light poles, benches, bench shelters and signs.

e. "Commuter Rail Station" (STATION) is defined as to the commuter rail passenger

terminal, including Non-Operating Property, Standard Platform, and Platform Fixtures, associated

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therewith, but not including other property nor the ticket vending machines and communication shelter

located at 615 Avenida Victoria, San Clemente, California 92672.

f. "Right-of-Way" the Right-of-Way shown in the attached Exhibit A, entitled "San

Clemente Pier Train Station Right-of- Way," attached hereto and, by this reference, incorporated herein

and made a part hereof.

g. "Ticket Vending Machine" and "Communication Shelter' are the ticket vending machines

and the communication shelter owned and operated by AUTHORITY and SCRRA located in the

STATION.

ARTICLE 4. RESPONSIBILITES OF THE CITY

10 CITY agrees to the following responsibilities for the STATION:

11 A. Maintenance and repair: CITY agrees at no cost to AUTHORITY, to maintain in good

12 condition and order, free from refuse, the Non-Operating Property portion of the STATION, for the

13 benefit of the public and the persons using the STATION for so long as the AUTHORITY shall serve

14 commuter rail passengers at the STATION identified herein and pursuant to this Agreement. If the

15 CITY intends to perform work on the portion of the Standard Platform within ten (10) feet from the

16 centerline of track, the CITY shall get written permission from SCRRA and make arrangements to

17 comply with all SCRRA safety regulations.

18 B. Commuter rail station security: At its sole cost, CITY shall provide security for Non-

19 Operating Property and STATION in the amount and at a level which CITY and, if security is being

20 provided by the Orange County Sheriffs Department, the Orange County Sheriffs Department deem

21 appropriate in their sole and absolute discretion.

22 ARTICLE 5. RESPONSIBILITES OF AUTHORITY

23 AUTHORITY agrees to the following responsibilities for the STATION:

24 A. Platform Lease: AUTHORITY shall lease the Station Platform area of the

25 AUTHORITY's Right-of-Way to the CITY for One Dollar ($1 .00) per year for the purpose of

26 maintenance of the Standard Platform. CITY shall have the right to sublease or grant privileges or

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concessions within the Non-Operating Property, and shall be entitled to retain all revenues derived

therefrom. This Agreement constitutes the lease agreement between AUTHORITY and CITY.

B. Ticket Vending Machine and Communication Shelter Maintenance: AUTHORITY shall

provide funding to SCRRA for the maintenance of Ticket Vending Machines, Communication Shelter,

and related equipment which is or will be provided and maintained by SCRRA.

C. Bus Service: AUTHORITY will provide bus service to and from the STATION.

ARTICLE 6. DELEGATED AUTHORITY

The actions required to be taken by CITY in the implementation of this Agreement are

delegated to its City Manager, or his designee, and the actions required to be taken by AUTHORITY in

the implementation of this Agreement are delegated to its Chief Executive Officer.

ARTICLE 7. AUDIT AND INSPECTION

AUTHORITY and CITY shall maintain a complete set of records in accordance with generally

accepted accounting principles. Upoh reasonable notice, AUTHORITY and CITY shall permit each

PARTY's authorized representatives to inspect and audit all work, materials, payroll, books, accounts,

and other data and records of the other PARTY for a period of four (4) years after final payment, or until

any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall

be the date of the AUTHORITY's final notice of project completion. Each PARTY shall have the right to

reproduce any such books, records, and accounts of the other PARTY relative to STATION. The

above provision with respect to audits shall extend to and be included in contracts with CITY's

contractors and subcontractors.

ARTICLE 8. INDEMNIFICATION AND INSURANCE

A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,

employees and agents from and against any and all claims (including attorney's fees and reasonable

expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's

compensation subrogation claims, damage to or loss of use of property alleged to be caused by the

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1 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in

2 connection with or arising out of the performance of this Agreement

3 8. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,

4 employees and agents from and against any and all claims (including attorney's fees and reasonable

5 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's

6 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the

7 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or

8 agents in connection with or arising out of the performance of this Agreement.

9 C. The indemnification and defense obligations of this Agreement shall survive its

1 O expiration or termination.

11 D. CITY insurance: CITY agrees to obtain liability insurance or self-insurance covering

12 liability of all personal injury and property losses, including any and all maintenance related losses at all

13 portions of the Commuter Rail Station under CITY control, and covering CITY's indemnificatipn and

14 defense obligations imposed by this Agreement, and maintain this insurance in full force and effect.

15 CITY shall provide the following insurance coverage:

16 1. Commercial General Liability, to include Products/Completed and Personal Injury

17 Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate;

18 2. Automobile Liability Insurance to include owned, hired and non-owned autos with a

19 combined single limit of $1,000,000 each accident;

20 3. Workers' Compensation with limits as required by the State of California including a

21 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees and agents:

22 4. Employers' Liability with minimum limits of $1,000,000; and

23 5. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar

24 days from effective date of this Agreement with the AUTHORITY.

25 6. CITY shall have AUTHORITY named as an additional insured on the insurance policy.

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E. CITY shall be responsible for handling and processing any and all liability claims,

2 including but not limited to any claims arising in, on or about the parking facilities, or other Non-

3 Operating Property located at or near the Commuter Rail Station.

4 F. AUTHORITY insurance: AUTHORITY, as a member of SCRRA, shall maintain

5 insurance or self-insurance for the Right-of-Way Operating Property and the Ticket Vending Machines

6 and Communication Shelter.

7 ARTICLE 9. ADDITIONAL PROVISIONS

8 The AUTHORITY and CITY agree to the following mutual responsibilities for the STATION:

9 A. Term of Agreement: This Agreement shall commence upon execution by both

10 PARTIES and continue in full force and effect through May 31, 2033 unless terminated by either

11 PARTY.

12 B. Termination: This Agreement may be terminated by either PARTY after giving thirty (30)

13 days written notice.

14 C. Amendments: This Agreement may be amended in writing at any time by the mutual

15 consent of both PARTIES. No amendment shall have any force or effect unless executed in writing by

16 both PARTIES.

17 D. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to

1 B execute this Agreement on behalf of said PARTIES and that, by so executing this agreement,

19 the PARTIES hereto are formally bound to the provisions of this Agreement.

20 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be

21 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the

22 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or

23 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

24 F. Counterparts of Agreement: This Agreement may be executed and delivered in any

25 number of counterparts, each of which, when executed and delivered shall be deemed an original and

26 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.

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G. Force Majeure: Either PARTY shall be excused from performing its obligations under

this Agreement during the time and to the extent that it is prevented from 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.

H. Assignment: Except as otherwise provided for in Article 5, neither this Agreement, nor

any of the PARTIES' 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 in its sole and absolute

discretion. 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.

I. Obligations To 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 the

terms, in amounts, or for purposes other than as authorized by local, state or federal law.

J . Governing Law: The laws of the State of California and applicable local and federal

laws, regulations and guidelines shall govern this Agreement.

K. Headings: The headings of all sections of this Agreement are inserted solely for the

convenience of reference and are not part of and not intended to govern, limit or aid in the construction

or interpretation of any terms or provision thereof.

L. Successors and Assigns: The provision of this Agreement shall bind and inure to the

benefit of each of the PARTIES hereto and all successors or assigns of the PARTIES hereto.

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1 M. Compliance: AUTHORITY and CITY shall comply with all applicable federal, state, and

2 local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over

3 the PROJECT.

4 N. Notices: All notices hereunder and communications regarding this Agreement, shall be

5 effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered,

6 or certified mail and addressed as follows;

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To CITY:

City of San Clemente

910 Calle Negocio, Suite 100

San Clemente, CA 92673

ATTENTION: Tom Bonigut

Assistant City Engineer

Tel: (949) 361-6187

Email: [email protected]

16 /

To AUTHORITY:

Orange County Transportation Authority

550 South Main Street

P.O. Box 14184

Orange, CA 92863-1584

ATIENTION: Reem Hashem

Principal Contract Administrator

Tel: (714) 560-5446

Email: [email protected]

17 0 . Litigation Fees: Should litigation arise out of this Agreement for the performance

18 thereof, each party shall be responsible for its own costs and expenses, including attorney's fees.

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1 This Agreement shall be made effective upon execution by both parties.

2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-2-1988 to be

3 executed on the date first above written .

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CITY OF SAN CLEMENTE

By ~

Robert Baker Mayor

---

By

Jeffrey Goldfaro r+j,'I- 5 - 71:< :J City Attorney

16 Attachment

ORANGE COUNTY TRANSPORTATION AUTHORITY

By ~

Meena ~ Manager Capital Projects

APPROVED AS TO FORM:

By~~<S

Kennard R. Smart, Jr. General Counsel

(

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EXHIBIT A San Clemente Pier Train Station Right-of- Way

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:x_0.s ---7'26

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Documents

-D AGENDA REPORT SAN CLEMENTE CITY COUNCIL MEETING …