HomeMy WebLinkAboutCC Resolution 12500 (MOU Cal Park Tunnel Pathway)RESOLUTION NO. 12500
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING FOR THE CAL PARK TUNNEL
PATHWAY
WHEREAS, the Sonoma Marin Area Rail Transit (SMART) and the County of Marin
have developed plans to reopen the Cal Park Tunnel for the purposes of developing, operating
and maintaining a multi -use pathway from the City of San Rafael to the City of Larkspur; and
WHEREAS, the City of San Rafael has provided input to the County staff regarding the
design, safety features, responsibilities and hours of operation once the Pathway is constructed
and operational; and
WHEREAS, the agencies who are involved have collaborated to develop a
Memorandum of Understanding (MOU) to better define each party's responsibilities related to
the Cal Park Tunnel Pathway operations and maintenance.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Council does hereby
authorize the City Manager to execute a Memorandum of Understanding for the Cal Park Hill
Multi -Use Pathway, a copy of which is hereby attached and by this reference made a part hereof.
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 said City held on Monday, the 2nd day of June, 2008 by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
2S -,e
ESTHER C. BEIRNE, City Clerk
MEMORANDUM OF UNDERSTANDING (MOUJ
For the
CAL PARK HILL MULTI -USE PATHWAY
Between
COUNTY OF MARIN, CITY OF SAN RAFAEL, CITY OF LARKSPUR, and the TWIN CITIES
POLICE AUTHORITY
This Memorandum of Understanding (MOU) is made and executed this day of 2008,
by and between the County of Marin (COUNTY), the City of San Rafael, the City of Larkspur, and the
Twin Cities Police Authority, collectively referred to as "PARTIES". "The City of San Rafael, the City
of Larkspur and the Twin Cities Police Department shall be referred to collectively herein as
"AGENCIES".
RECITALS
1. WHEREAS, the parties to this MOU acknowledge that a multi -use pathway will be constructed
along the railroad right-of-way between Andersen Drive in San Rafael, through the railroad
tunnel, and then connecting with Larkspur Landing in Larkspur as more particularly shown in
Exhibit "A", attached hereto and incorporated by reference (PATHWAY), and;
2. WHEREAS, the PARTIES desire to provide for an MOU on rights and responsibilities of parties
in support of the construction, operation and maintenance of the pathway;
3. WHEREAS, the Parties acknowledge immediately prior to passenger rail services the Sonoma
Marin Area Rail Transit District (SMART) will be assuming full control of the railroad Right -of -
Way and this MOU shall terminate. It is the intent of the PARTIES that this MOU shall be
replaced by a new MOU or another appropriate document at that time.
4. WHEREAS, the PARTIES acknowledge the existence of a separate Cooperative Agreement by
and between the COUNTY and SMART regarding the Development, Use and Maintenance of
the PATHWAY.
OPERATIVE PROVISIONS:
NOW THEREFORE in consideration of the mutual covenants and conditions contained herein, the
parties hereto agree as follows:
1. Desian of the Multi -Use Pathway. COUNTY OF MARIN will be designated as the responsible
agency for all design matters related to the multi -use pathway and will ensure that the design
meets all mandatory and advisory standards as identified by Caltrans in the Highway Design
Manual, California Supplement to the Manual on Uniform Traffic Control Devices (MUCTD),
MAStaffiDave BernardilCalifornia Park Hill tunnel and bike path\City MOU Latest Version 5 02 08, doc
Americans With Disabilities Act (ADA), the California Public Utilities Commission (CPUC),
design standards provided by the Sonoma Marin Area Rail Transit District (SMART) and other
relevant agencies and documents.
2. Construction of Multi -Use Pathway. COUNTY OF MARIN will be designated as the
responsible agency for all matters related to construction of the Multi -Use Pathway. COUNTY
OF MARIN will be responsible for obtaining all permits, and for coordination of all construction
activities with the parties to this MOU and all other agencies as needed. AGENCIES shall have
no responsibility for any aspect of this project, including but not limited to costs of design,
construction or maintenance."
3. Access to the Pathway. ALL PARTIES to this MOU agree to work with the COUNTY OF
MARIN as the agency responsible for constructing the PATHWAY to provide necessary permits
for access to the right of way as needed for the construction, operation and maintenance of the
PATHWAY, including but not limited to providing and maintaining adequate access to the
PATHWAY, within the jurisdiction of each party, and assisting the COUNTY OF MARIN in
obtaining private easements within their jurisdictions, as needed, to provide access to the
PATHWAY. Such assistance in obtaining private easements shall not include any expenditure of
funds, staff time or any other resources by AGENCIES. AGENCIES shall have no responsibility
for any aspect of this project, including but not limited to costs of design, construction or
maintenance."
4. Permitted Uses. Once constructed, the PATHWAY shall be used exclusively for non -motorized
uses normally incident to that purpose (except for maintenance and emergency vehicles; and
users accessing private property crossing the PATHWAY in the vicinity of Stations 728+50 and
737+80).
5. Pathway Maintenance.
(a) Responsibility. COUNTY OF MARIN will be designated as the responsible agency
for all operations and maintenance work on the PATHWAY. COUNTY OF
MARIN will be responsible for all maintenance functions of PATHWAY
consistent with County Parks protocol and standard of maintenance. Items of
responsibility include but are not limited to the following:
• Pavement maintenance
• Pathway drainage
• Water supply beyond MMWD service connection
• Litter, trash, pet waste stations and graffiti removal
• Cleaning and painting
• Pathway bridge
• Pathway tunnel and portals
• Pathway gates
• Pathway retaining structures
• Pathway ventilation systems
• Landscape maintenance, irrigation and vegetation control
• Signing and striping
2
• Lighting systems on Pathway from station 703+90 to station 744+08 (includes
tunnel lighting)
• Closed Circuit TV within the tunnel
• Communication systems
Fire Protection Equipment, including Fire Hydrants
6. Safety and Security
(a) Security Features. As the responsible agency, the COUNTY OF MARIN will maintain
security features designed to enhance safety and security on the PATHWAY. These
features will be maintained and inspected consist with County protocol and will include:
■ Provide emergency services (e.g. fire, police departments) with a map of the
system, along with access points and Knox box/ pad locks to gates/bollards.
■ Milepost stencils every 250 feet within the tunnel; identify markers on maps.
■ Provide emergency telephones or call box systems in the tunnel linked to the local
411 network with instructions for use and penalties for misuse.
■ Provide adequate lighting within the tunnel and along portions of the pathway
■ Maintain vegetation and avoid overgrowth.
■ Install surveillance cameras inside the tunnel and maintain data feeds that will be
made available to PARTIES by means of secure standard connectivity. It is not
expected activities inside the tunnel will be continually monitored.
■ Maintain a composite record of maintenance and operations.
■ Maintain access and egress for emergency vehicles.
■ Tunnel portals will be constructed with vandal -resistant and non -scalable gates to
allow for PATHWAY closures. PATHWAY access will be controlled in
accordance with Agreement between SMART and COUNTY.
■ Leaky co -ax for MERA radio system
(b) First Responder. Emergency response for crime, fire or medial incidents will be based on
established protocol between the CITY OF SAN RAFAEL and CITY OF LARKSPUR
Fire Department and the TWIN CITIES POLICE AUTHORITY.
(c) First Responder Notification. Emergency phones within the tunnel will be routed to the
appropriate jurisdiction based on the location of the call. Within the City of San Rafael,
emergency phones will access the City's dispatch system. Within the City of Larkspur,
emergency phones will access Twin Cities Dispatch (TCPA 911). TCPA will contact
Larkspur Fire Department depending on the nature of the call. All mutual aid MOUs
between the parties will remain in force on the PATHWAY.
(d) Data Collection and Reporting. Upon request, and in accordance with all state and
federal regulations restricting access to personal information, first responder police and
fire organizations will provide reports of any incidents on the PATHWAY to the
COUNTY OF MARIN's designee for the purpose of compiling a history of safety and
security incidents on the PATHWAY.
7. Rep-ulations.
(a) Hours of Operation. Pathway hours of operation will be established by the Marin County
Parks. County Parks have established the initial pathway hours to open for use at 5:OOAM
and close for use at 11:OOPM, seven (7) days a week.
(b) Amending the .I fours of Operation. The PARTIES understand that the initial hours of
operation will be re -assessed by County Parks after a one-year trial period, or as needed.
Adjustments may be made to the hours of operations based on pathway operations
utilizing relevant information, public and agency input. PARTIES will meet after a six
(6) month period to assess pathway operations and cooperatively prepare an interim report
generally describing operational issues.
(c) Reaulatory SiRnap-e. At the appropriate time during project development, PARTIES will
meet and agree to the regulatory signage that will be posted at appropriate locations along
the pathway, which may include, but is not limited to, the following:
■ flours of operation
■ No trespassing after pathway is closed
■ No trespassing on adjacent private property
■ Motor vehicles, other than power assisted wheelchairs and light maintenance
vehicles, are prohibited
■ No loitering; no vandalism; no dumping
■ Keep to the right except when passing
■ Yield to on -coming traffic when passing
■ Bicycles always yield to pedestrians
■ Give an audible warning when passing
■ Pets must always be on a leash and pet waste shall be removed by owner
■ Travel no more than two abreast
■ Alcoholic beverages are not permitted on the Pathway
■ Bicycles to yield to maintenance vehicles
■ Pathway subject to closure for maintenance
The signage responsibility shall be at County's sole cost and expense.
8. Insurance and Risk allocation
(a) Maintenance of Insurance. COUNTY OF MARIN will maintain all insurance required to
construct, operate and maintain the PATI I WAY
(b) Risk allocation. County agrees it is the County's sole responsibility to construct, operate or
maintain PATHWAY. ALL PARTIES agree that the AGENCIES do not have any
responsibility for the construction, maintenance or operation of PATHWAY. It is further
understood that any responsibility for alleged injuries or damages arising from the
existence or use of the PATHWAY shall be governed by the provisions of the California
Tort Claims act, including but not limited to all applicable immunities for injuries or
damages on Public Property."
9. Term of the MOU.
(a) This MOU shall automatically terminate if either (1) the PATHWAY is not substantially
completed within seven (7) years after execution of this MOU, or (2) on a future date
when SMART has secured capital and operating funds and initiates passenger rail service.
(b) Should passenger rail service not be initiated the term of this Agreement is twenty (20)
years, commencing on execution of this MOU. No later than one year prior to the final
year of the twenty (20) -year period, PARTIES agree to: (1) Extend this Agreement for a
period to be defined, or (2) Develop a superseding MOU defining future use and
maintenance of PATHWAY for a period to be defined and jointly agreed upon by
PARTIES. If the above agreement extensions are not exercised, or a change cannot be
agreed upon by the end of the twenty-year period, the existing agreement between
PARTIES shall remain in effect until such time both parties agree to a change.
10. Amendinia the MOU. This MOU may be amended at any time by mutual agreement by all
PARTIES.
EFFECTIVE DATE
This MOU shall be effective upon date of its execution by all parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
A. Termination. This MOU may be terminated as specified in this MOU or at any time upon the
mutual agreement by all parties. Termination of this MOU shall not release any party from any
liability or obligation hereunder resulting from an event that occurred before termination.
B. Nonwaiver. The failure of any party to this MOU to enforce or exercise its rights with respect to
any term, covenant or condition of this MOU shall not be construed as a waiver of that term,
covenant or condition for any subsequent breach of the same or any other term, covenant or
condition contained in this MOU.
C. Notices. All notices shall be in writing and shall be deemed to have been given when delivered
personally or deposited in the United States Mail, registered or certified, postage prepaid, and
addressed to the party to whom the notice is directed at the address set forth below.
To COUNTY at: County of Marin
Parks and Open Space
5
To CITY OF SAN RAFAEL at:
To CITY OF LARKSPUR at:
Attention: General Manager
P.O. Box 4186
San Rafael California 94913
City of San Rafael
Attention: City Manager
P.O. Box 151560
San Rafael California 94915
City of Larkspur
Attention: City Manager
400 Magnolia Avenue
Larkspur California 94939
To TWIN CITIES POLICE AUTHORITY at:
Twin Cities Police Authority
Attention Police Chief
250 Doherty Drive
Larkspur, CA 94939.
D. Entire MOU. This MOU sets forth the entire MOU between the parties with respect to the
Operation and Maintenance of PATHWAY and supersedes all prior MOUS, communications,
and representations, oral or written, express or implied, since the parties intend that this be an
integrated MOU. This MOU shall not be modified except by written MOU of the parties.
E. Invaliditv of Particular Provisions. If any term, covenant or condition of this MOU or the
application thereof to any person or circumstance shall to any extent be invalid or unenforceable,
the remainder of this MOU or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term, covenant and condition of this MOU shall be valid and be
enforced to the fullest extent permitted by law
F. Successors. This MOU shall inure to the benefit of COUNTY, CITY OF SAN RAFAEL,
CITY OF LARKSPUR, and the TWIN CITIES POLICE AUTHORITY
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first above written.
CITY OF LARKSPUR
LN
Approved as to form:
City of Larkspur Attorney
CITY OF SAN RAFAEL
By:
App std 't torfn: '
ity of Sayd afael At�rney
Cei
TWIN CITIES POLICE AUTHORITY
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Approved as to form:
Twin Cities Police Authority Attorney
COUNTY OF MARIN
By:
i oved as to ft
A� Iq :
Nd
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County of Marini eieral Counsel