RES-10322 SCRRA Agreement Railroad Grade Crossing Safety Enhancements & MeasuresRESOLUTION NO. 10322
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY
AND THE CITY OF ORANGE FOR
CONSTRUCTION AND MAINTENANCE OF
RAILROAD GRADE CROSSING SAFETY
ENHANCEMENTS AND MEASURES RELATED
TO QUIET ZONE IMPLEMENTATION.
WHEREAS, the City of Orange (the City) is a municipal corporation, which exercises
governmental functions and powers and is organized and existing under the laws of the State of
California; and
WHEREAS, the Orange County Transportation Authority (OCTA) commissioned a
report entitled "OCT A Grade Crossing Study" dated December 31, 2003, providing an
assessment of conditions at railroad grade crossings located in Orange County and which
provided recommendations for enhancements for both motorist and pedestrian safety
consistent with current California Public Utilities Commission (CPUC) grade crossing safety
standards; and
WHEREAS, at a meeting of its Board of Directors on June 13,2005, OCTA adopted
the recommendation to proceed with the selected implementation strategy for a
comprehensive railroad grade crossing enhancement program for cities with railroad grade
crossings within the County of Orange (the Program); and
WHEREAS, OCT A, the City, the CPUC and the Southern California Regional Rail
Authority, an independent joint powers authority that includes OCTA as a member agency
SCRRA), conducted field diagnostic review meetings between May 22 and May 24, 2006
for all highway-rail grade crossings within the City;
and WHEREAS, SCRRA has proposed to enter into that certain "Construction
and Maintenance Agreement Railroad Grade Crossing Safety Enhancements and
Safety Measures Related to Quiet Zone Implementation for the City of Orange" with the City (
the C&M Agreement), pursuant to which SCRRA will be responsible for the design,
construction and maintenance of highway-rail at grade motor vehicle/pedestrian
crossing safety enhancements and safety measures at locations within the City (the Project),
which Project will enable the City to establish a quiet zone so that locomotive horns will not
be routinely
WHEREAS, pursuant to the C&M Agreement, the City will, among other things, be
responsible for the acquisition of the necessary right-of-way for the
Project, including temporary construction easements, and will pay SCRRA a yearly maintenance
fee of 21,
600; and WHEREAS, pursuant to the terms of the C&M Agreement, the City and
OCTA are negotiating the terms and provisions of, and intend to enter into, a
mutually acceptable cooperative agreement for the purpose of sharing the cost of the Project, pursuant
to which the City's share will be 12% of Project
costs; and WHEREAS, upon completion of the Project, the C&M Agreement provides
that the City may petition the Federal Railroad Administration (FRA) for the
establishment and maintenance of a quiet zone within the City pursuant to FRA
regulations; and WHEREAS, at the request of OCT A, the City has assumed the duties of
a "lead agency" under the California Environmental Quality Act (
CEQA); and WHEREAS, the City Council finds and determines that the Project is
within that class of projects under Sections 15301 and 15061(b)(3) of the CEQA
Guidelines which consist of a minor alteration of existing public structures, facilities, mechanical
equipment, or topographical features (including the addition of safety or health
protection devices),involving negligible or no expansion of use beyond that previously existing
and that,therefore, pursuant to Section 15301(f) of the CEQA Guidelines, the construction
of the Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of
CEQA; and WHEREAS, the City Council has duly considered all of the terms and conditions
of the C&M Agreement, as set forth in the agenda report presented to it and any testimony
received at the meeting at which this matter was considered, and believes that the C&M Agreement
is in the best interests of the City and the health, safety and welfare of its residents, and
in accord with the public purposes and provisions of applicable Federal, State and local
law
and requirements.NOW, THEREFORE, the City Council of the City of Orange resolves,
finds and determines, on the basis of the facts set forth in the agenda report presented to it
and any testimony received at the meeting at which this matter was considered,
as follows:Section 1.The above recitals, and each of them, are true
and correct.Section 2. The City Council finds and determines that the Project is
exempt from the provisions of CEQA under Sections 15301, 15061(b)(3) and 15301(f) of
the CEQA Guidelines and, accordingly, hereby authorizes and directs the City Clerk to file a
Notice of Exemption with the Orange County Clerk in the form as prepared by the City's
Director of Community Development or
her
Section 3. The terms and provisions of the C&M Agreement between the City and
SCRRA, in the form presented at this meeting, are approved and the Mayor is authorized to
execute, and the City Clerk to attest, the C&M Agreement on behalf of the City. A copy of the
C&M Agreement, when executed by both parties, shall be placed on file in the office of the
City Clerk.
Section 4. The City's Director of Public Works is hereby authorized and directed,
as agent of the City, to approve and accept the Project once she has determined that the
Project has been completed to her satisfaction and in compliance with the terms and
provisions of the C&M Agreement and all applicable local, state and federal laws.
Section 5. The City's Director of Public Works is hereby further authorized to
conduct all negotiations and execute and submit all documents, including, but not limited to,
applications, contracts, amendments, payment requests, which may be necessary for the
establishment of a quiet zone within the City upon completion of the Project, and to do any
and all things necessary or advisable in order to effectuate the purposes of this Resolution
and to administer the City's obligations, responsibilities and duties to be performed
hereunder.
Section 6. Except as otherwise provided in this Resolution or in the C&M
Agreement, the officers and employees of the City are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to carry out and implement the
C&M Agreement and to administer the City's obligations, responsibilities and duties to be
performed under the C&M Agreement and to effectuate the purposes of this Resolution, and
all actions previously taken by such officers and employees in connection with the C&M
Agreement are ratified and approved.
Section 7. The City Council hereby approves payment by the City for costs of the
Project required to be paid by the City pursuant to the C&M Agreement from funds legally
available to the City.
ADOPTED this 28th day of October, 2008.
ATTEST:
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I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 28th day of October, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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