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HomeMy WebLinkAboutCC Resolution 12625 (Bus Stop Responsibilities; MOU COM)RESOLUTION NO. 12625 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN COUNTY TRANSIT DISTRICT ALLOCATING AND DELEGATING RESPONSIBILITIES FOR LOCAL SERVING BUS STOPS WITHIN THE CITY OF SAN RAFAEL WHEREAS, there has been no uniform system in place across Marin County jurisdictions that guides roles and responsibilities regarding bus stops in terms of placement, maintenance, permitting, and related matters; and WHEREAS, when properly located, adequately designed, and effectively enforced, bus stops can improve transportation service and expedite general traffic flow; and WHEREAS, decisions regarding bus stop spacing and location call for a careful analysis of passenger service requirements (demand, convenience, and safety), the type of bus service provided, and the interaction of stopped buses with general traffic flow; and WHEREAS, due to these needs, the City of San Rafael and Marin Transit has formed a Memorandum of Understanding, attached hereto, regarding the local serving bus stops in San Rafael; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: the City Manager is authorized to execute the Memorandum of Understanding allocating and delegating responsibilities for local serving bus stops within the City of San Rafael. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 1st of December, 2008, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL, AND THE MARIN COUNTY TRANSIT DISTRICT, ALLOCATING AND DELEGATING RESPONSIBILITIES FOR LOCAL SERVING BUS STOPS WITHIN THE CITY OF SAN RAFAEL This Agreement is made and entered into this P) day of December, 2008, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and the MARIN COUNTY TRANSIT DISTRICT (hereinafter "MARIN TRANSIT"). RECITALS WHEREAS, MARIN TRANSIT recently surveyed over 600 bus stops in Marin County, approximately 470 of which support both regional and Marin local service and approximately 160 support local services only. Of the approximately 160 local stops, about 70 are located in the CITY; and WHEREAS, there has been no uniform system in place across Marin County jurisdictions that guides roles and responsibilities regarding bus stops in terms of placement, maintenance, permitting, and related matters; and WHEREAS, the term "bus stops" in this agreement shall include the various poles, signs, or furnishing (such as shelters, benches, lighting, waste receptacles) that are located in the public Right of Way and used to demarcate stopping points for buses or shuttles along designated routes; and WHEREAS, while most bus stops do not currently have a maintenance plan in place, the CITY has an agreement in place with CBS Outdoor, or successor, that grants exclusive advertising rights and privileges on certain bus shelters in exchange for maintenance and revenues; and WHEREAS, when properly located, adequately designed, and effectively enforced, bus stops can improve transportation service and expedite general traffic flow; and WHEREAS, decisions regarding bus stop spacing and location call for a careful analysis of passenger service requirements (demand, convenience, and safety), the type of bus service provided, and the interaction of stopped buses with general traffic flow; and WHEREAS, due to these needs, the CITY, and MARIN TRANSIT has formed the following agreement regarding the local serving bus stops in the CITY (attached as Exhibit A). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: �i�4 143 1. PROJECT COORDINATION. A. CITY. The City Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. TRANSIT DISTRICT. The Transit Planning Manager is hereby designated the PROJECT MANAGER for MARIN TRANSIT, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 2. BUS STOP MAINTENANCE. MARIN TRANSIT, upon the execution of this agreement, will assume maintenance, repair, and general upkeep responsibility for those local serving bus stops in the CITY that are not included in the agreement with CBS Outdoor (Exhibit A includes all local serving stops). MARIN TRANSIT acknowledges that the CITY has exclusive rights regarding shelter advertising within the CITY and has granted exclusive right to advertise on bus shelters to CBS Outdoor or their authorized assignee. The CITY, as the owners of the Right of Way, will provide routine maintenance to the path of travel associated with bus stops, including street sweeping, striping, or curb painting. 3. BUS STOP ADDITIONS. DELETIONS. OR MODIFICATIONS., MARIN TRANSIT shall develop transit service routes and propose bus stop additions, deletions, or modifications in coordination with CITY staff and shall consider traffic patterns, route operation, street design, traffic safety issues, State and Federal accessibility requirements, the CITY's circulation element of the General Plan, and impacts to adjacent properties. Proposals may be initiated by MARIN TRANSIT or the CITY (and may be suggested by the public). All bus stop additions, deletions, or modifications that are proposed in San Rafael shall be approved by the CITY, and are subject to the encroachment permit process as defined in Chapter 11.04 of the San Rafael are. Code. Following an on-site joint review between MARIN TRANSIT and CITY staff, MARIN TRANSIT may submit a formal application proposing an addition, deletion, or modification to the CITY. The CITY's Traffic Engineer, under direction of the Public Works Director, shall respond to the formal application within 90 days and shall inform MARIN TRANSIT. if there are issues for further analysis such as those including but not limited to traffic operations, planning, the California Environmental Quality Act (CEQA), State and Federal accessibility requirements or obtaining adjacent property owner consent. The Traffic Engineer may instead: A. Grant approval, with or without conditions, of the bus stop addition, deletion, or modification, by sending a Letter of Approval to KARIN TRANSIT and issuing an encroachment permit, as necessary, or B. Deny the proposal and the encroachment permit. 2 Upon receipt of the Letter of Approval or permit from the Traffic Engineer, and after any improvements to the street, if required, have been completed by the CITY (e.g., painting a red curb), MARIN TRANSIT will construct, eliminate, or modify the bus stop as agreed (see Exhibit B for areas of responsibility). MARIN TRANSIT will ensure that the "bus stops" are accessible pursuant to state and federal regulations. MARIN TRANSIT will extend the service development process to allow the necessary time to work with the CITY to obtain approval. Over the next five years, MARIN TRANSIT and the CITY will work cooperatively with the goal to establish permits for all local bus stops. 4. BUS STOP GUIDELINES. In considering adding, removing, or modifying bus stops, MARIN TRANSIT and CITY staff shall consider best practices. The following guidelines may be considered to guide staff in their decision making: A. Bus stops are the locations where bus passengers access the MARIN TRANSIT system. Bus stops must therefore be convenient to the places where passengers wish to go. Convenience, safety, and speed must be balanced in determining appropriate bus stop placement, as too many bus stops can slow down travel times. Passenger usage of bus stops is an important factor when considering bus stop placements or removals. B. Outside the downtown areas, MARIN TRANSIT generally seeks to have bus stops approximately 1/4 mile apart. This target has been set with the goal of increasing travel speed for buses. Bus stops should be close enough that passengers can walk to them easily, but far enough apart to help buses move quickly. Discretion shall be applied to balance MARIN TRANSIT's goal of improving service and expediting traffic flow with consideration of passengers' safety, interests, and needs. C. Bus stops on the street are usually located along the street curb for direct safe passenger access to and from the sidewalk, waiting, and walking areas. Stops may be located either in the intersection exit (far -side), the intersection approach (near- side), or at mid -block. D. Far -side stops are the preferable choice for service in general because they may reduce conflicts between right-tuming vehicles and stopped buses, eliminate sight -distance issues on approaches to an intersection, and encourage pedestrian crossing at the rear of the bus. Near -side stops are acceptable when a far -side stop is deemed unsafe or impractical. Mid -block stops are considered special case stops and may be used when no better alternative is available. E. When bus stops are initiated or relocated, bus stop locations shall be chosen such that, to the maximum extent practical, the areas where lifts or ramps are to be deployed comply with State and Federal accessibility requirements. 5. BUS STOP ENFORCEMENT. Except as stated in other agreements, local law enforcement agencies shall enforce all state laws, local ordinances, and regulations governing bus stops. 0 6. FURTHER AGREEMENT. MARIN TRANSIT anticipates pursuing one maintenance contract for local bus stops and shelters that they will maintain (excludes shelters where CITY has a maintenance agreement in place with CBS Outdoor or successor). 7. TERM OF AGREEMENT: TERMINATION. The term of this Agreement shall be for one year commencing 3 1 2008. Within fifteen (1) day after : 5 s I ", CITY and MARIN TRANSIT discuss the actual � 2008, functions and operations Eder this Agreement and shall make any modifications they deem necessary and upon which they agree. At the end of the term, the Ar eement shall automatically renew for an additional one year period on each successive January 1 unless one party provides written notice of termination to the other party thirty (30) days prior to the expiration of the current term. 8. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO MARIN TRANSIT: Amy Van Doren Director of Operations Marin County Transit District 750 Lindaro Street, Suite 200 San Rafael, California 94901 9. MUTUAL INDEMNIFICATION. MARIN TRANSIT agrees to defend, indemnify and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all damages, disabilities, liabilities and expenses including, but not limited to, reasonable attorneys' fees as to which this indemnity applies, whether arising from personal injury, property damage or losses that may be asserted by any person or entity, including MARIN TRANSIT, arising out of or in connection with the negligent performance of MARIN TRANSIT hereunder, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of E CITY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for MARIN TRANSIT or their agents under workers compensation acts, disability benefit acts or other employee benefit acts. CITY agrees to defend, indemnify and hold harmless MARIN TRANSIT, their officers, agents, employees, and volunteers from and against any and all damages, disabilities, liabilities and expenses including, but not limited to, reasonable attorneys' fees as to which this indemnity applies, whether arising from personal injury, property damage or losses that may be asserted by any person or entity, including the CITY, arising out of or in connection with the negligent performance of the CITY hereunder, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of MARIN TRANSIT. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CITY or its agents under workers compensation acts, disability benefit acts or other employee benefit acts. 10. ENTIRE AGREEMENT -- AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. The terns and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CITY, and, MARIN TRANSIT. The City Manager, or designee, is authorized to alter or modify the terms and conditions on behalf of CITY as necessary. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL I AA KEN RDHOF*Mana ATTEST: ESTHER C. BEIRNE, City Clerk MARIN TRANSIT d,L� GI DAVID RZBIi 11, General Manager