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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: 3 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 e 4