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HomeMy WebLinkAboutReso - CC - 035-2006RESOLUTION 35-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR DESIGN, CONSTRUCTION, AND IMPLEMENTATION OF THE BURLINGAME AVENUE CALTRAIN STATION OUTBOARD PLATFORM IMPROVEMENTS PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and the Peninsula Corridor Joint Powers Board (JPB) have worked with the community over the past two years to develop an improvement program for the Burlingame Avenue train station that will serve the best interests of the entire community and meet the needs of pedestrians, train users, area businesses, bicyclists, motorists, and station visitors; and WHEREAS, the City Council has held a number of public hearings and meetings on the station area, including a public forum on March 28, 2006, and a public hearing on June 5, 2006, where the Council has received an considered all testimony and suggestions offered by all interested persons; and WHEREAS, in order to implement the comprehensive reconstruction of the platforms and the adjacent streets and walkways, the City and the JPB need to provide access to each other's property for rearrangement of uses, parking, and access; and WHEREAS, these arrangements through an exchange of encroachment permits will allow the most efficient and effective use of the area in the platform project and will make safe access and use by pedestrians and bicyclists a high priority, WHEREAS, the Cooperative Agreement is in the best interest of the public, NOW, THEREFORE, IT IS ORDERED: 1. The Cooperative Agreement attached hereto as Exhibit 1. is approved; and the City Manager is authorized to execute the Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Manager's signature on behalf of the City. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 5th day of June ,2006, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COGEN KEIGHtAN, NAGEL, OINABONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE r •� Y CLERK E X H I B I T `I` (total of 7 pages) COOPERATIVE AGREEMENT FOR DESIGN, CONSTRUCTION AND IMPLEMENTATION OF THE BURLINGAME CALTRAIN STATION OUTBOARD PLATFORM IMPROVEMENTS PROJECT BETWEEN THE CITY OF BURLINGAME AND THE PENINSULA CORRIDOR JOINT POWERS BOARD This Cooperative Agreement for Design, Construction and Implementation of the Burlingame Caltrain Station Outboard Platform Improvements Project (Agreement), is entered into June 5, 2006 by and between the City of Burlingame (City) and the Peninsula Corridor Joint Powers Board (JPB) RECITALS WHEREAS, City is a duly established municipal corporation organized and existing under the laws of the State of California; and WHEREAS, JPB is a public agency organized and existing under the laws of the State of California; WHEREAS, City and JPB wish to cooperate in the design, construction and implementation of the Burlingame Caltrain Station Outboard Platform Improvements Project (the "Project") which will include the removal of a spur track, the relocation of JPB's main railroad tracks and the construction of new passenger platforms, and will improve the boarding arrangements for Caltrain passengers, improve traffic flow and reconfigure parking arrangements in the vicinity of the Caltrain Burlingame Station; and WHEREAS, City has agreed to issue JPB an encroachment permit (the UPB Encroachment Permit") over three areas of approximately 1,100 square feet, approximately 800 square feet and approximately 1600 square feet, all as shown on the attached Exhibits A-1 and A-2 (collectively, the UPB Encroachment Area"), at no cost to JPB to aid in the implementation of the overall plan for the Project and to provide extra parking dedicated to Caltrain patrons; and WHEREAS, JPB has agreed to issue City an encroachment permit (the "City Encroachment Permit") over an area approximately 700 square feet, as shown on the attached Exhibit B ("City Encroachment Area"), at no cost to City to provide for public parking, to be maintained and monitored by the City at not cost to JPB; and WHEREAS, JPB and the City concur that it is necessary to close South Lane to effectuate construction of the Project; and WHEREAS, by adoption of City Resolution No. , the Burlingame City Council has approved closure of South Lane on the condition that in the event that an elevated or depressed rail line is constructed, or the Burlingame Caltrain Station is closed, the JPB shall reopen and finance the restoration of South Lane to the condition that existed as of the date of the 1188301.2 Resolution, June 5, 2006; NOW THEREFORE, in consideration of the mutual benefits and obligations herein, City and PCJPB agree as follows: I. SCOPE OF AGREEMENT This Agreement is intended to memorialize certain understandings that were reached among the Parties regarding the implementation of the Project. This Agreement, together with the City Encroachment Permit and the JPB Encroachment Permit, is intended to be an integrated agreement and therefore constitutes the entire agreement of the Parties with regard to the Project and supersedes all prior and/or contemporaneous agreements, communications and representations, oral or written, express or implied. II. JPB'S OBLIGATIONS 1. JPB agrees to pay for the cost of re -opening South Lane to the conditions that existed as on June 5, 2006, the date of the Resolution, in the event that an elevated or depressed rail line is constructed through the City of Burlingame, or the Burlingame Caltrain Station is closed, upon receipt of written assurance by the City to the JPB that the South Lane crossing can be legally reopened. 2. JPB agrees to pay for the costs of paving and re -striping all the parking spots within the City Encroachment Area and JPB Encroachment Area. 3. JPB agrees to landscape the median of North Lane as more specially described in the plans for the Burlingame Caltrain Station. 4. Concurrently upon execution of this agreement, JPB will execute an Encroachment Permit in favor of City, in a form substantially similar to JPB's standard form, covering the City Encroachment Area, for an initial term of five years, and to renew automatically thereafter, at no cost. III. CITY'S OBLIGATIONS 1. Concurrently upon execution of this agreement, City will execute the Encroachment Permit in favor of JPB, in a form substantially similar to City's standard form, covering the JPB Encroachment Area, for an initial tern of five years, and to renew automatically thereafter, at no cost. 2. City agrees to maintain all landscaping and improvements outside of JPB's right of way. IV. NOTICES All notices with respect to this Agreement shall be given by first class mail to the parties as follows: City: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Director of Public Works PCJPB: Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA 94070 Attn: Executive Director or to such other person, addresses or telephone numbers as the parties may designate in writing from time to time. 1��ut6Yy�111/•p�IT�I17.Y' : UiifY(�)�f�9 A. HEADINGS The subject headings of the articles and paragraphs in this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. B. SEVERABILITY If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect. C. CONSTRUCTION AND INTERPRETATION OF AGREEMENT This Agreement, and each of its provisions, terms and conditions, has been reached as a result of negotiations between the parties. Accordingly, each of the Parties expressly acknowledges and agrees that this Agreement shall not be deemed to have been authored by, prepared by, or drafted by, any particular party, and that the rule of construction, to the effect that ambiguities are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or in the resolution of disputes. D. SUCCESSORS This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. E. ATTORNEYS' FEES 11883012 If any legal proceeding should be instituted by any of the parties to enforce the terms of this Agreement or to determine the rights of the parties under this Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs, reasonable attorneys' fees. IN WITNESS WHEREOF, City and JPB have entered into this Agreement as of .2006. CITY OF BURLINGAME A Public Corporation By City Manager ATTEST: City Clerk APPROVED AS TO FORM City Attorney PENINSULA CORRIDOR JOINT POWERS BOARD M Michael J. Scanlon Executive Director APPROVED AS TO FORM: Attorney !C v ----------------- ro I w a=a_ 11 11 W mar_ — — b -6'4 –9"- = ._ As l4,gig OJ ��� Tjj j F. t +: LEGEND qty ® JPB ENCROACHMENT AREA n — — — — JPB RIGHT—OF—WAY LINE CALlFpRN�q ORS lamg May 26, 2006 — 2:30pm H:\CADD\JPB\tasks\Drawings\r Burlingame Station Lease Exhibit 20080518 AF grk\Exhibit A.dwg SUBJECT EXHIBIT A-1 Peninsula Corridor Joint JPB ENCROACHMENT AREA Powers Board Cal CONTRACT N0. j .� 1250 San Carlos Avenue San Carlos, CA 94070 BY GRK DATE 05/26/06 CHKD. BF/AF SHEET 1 OF 2 'FYI y is j_#. 14. ti 4 yF r a _ TIE] .' EAST LANE limnl1 lj - t i tt i'l t____ ` � � i �- e ` t t t •: � - _ _ F?.� �=i - -i n 1 r. _ k as •. , f k'? �.'. s. n E `. �_ 1 _ WEST LANE T. 40' b 4p'�• 40, 80, ... GRAPHIC SCALE tea• ';': a t �{ .. '` = LEGENDAl Y. ® *`: JPB ENCROACHMENT AREA -S�Q JPB RIGHT-OF-WAY LINE lam, May 26, 2006 — 3:58pm H:\CADD\JPB\tasks\Drawings\j Burlingame Station Lease Exhbit 20060518 AF grk\Exhbit A.dwe SUBJECT EXHIBIT A-2 - Peninsula Corridor Joint JPB ENCROACHMENT AREA Cal Powers Board CONTRACT NO. 0 1250 San Carlos Avenue San Carlos, CA 94070 BY GRK DATE 05/26/06 CHKD. BF/AF SHEET 2 OF 2 GRAPHIC SCA �} s, Ri g� iiF 3 rya"j � -•+., r. � •,i �... .. , 1 .. .- © r�= EAST LANE � 'i- of ■ —a __a _❑ r t -.�1� v .1 1:11: H'Id H 111-11-1111:1111:11111 a -.=-*.o e� s -. - _ v� z ..i R p ® ® - 1 c' WEST LAE P i 3 it y s. LEGEND 3 �' ✓-` ® CITY ENCROACHMENT AREA — - - — JPB RIGHT-OF-WAY LINE # 1$ Ilamg May 26, 2008 — 1:59pra H'\CADD\JPB\losks\Drawings\f Barlingarne Station Lease Exhibit 20060518 AF grk\Exhibit B.dwg Peninsula Corridor Joint SUBJECT EXHIBIT B CITY ENCROACHMENT AREA Ca'! Powers Board 1250 San Carlos Avenue CONTRACT N0. ® San Carlos, CA 94070 BY GRK DATE 05/26/06 CHKD. BF/AF SHEET 1 OF—1 Pudic Hearing on South Lane Closure Caltrain Construction at Burlingame Station to Require Road Closure Dear Caltrain Neighbor: Caltrain will be doing construction at the Burlingame Caltrain Station to improve safety, pedestrian access and make train service more efficient. In order to make necessary platform improvements at this station, South Lane will be closed to pedestriand and vehicle traffic at the railroad crossing for the forseeable future. The City of Burlingame will hold a public hearing on this issue on Monday, June 5, at 7 p.m. To offer comment about the closure of South Lane, interested persons can attend this meeting at City Hail, 501 Primrose Road, in Burlingame. South Lane will remain open until summer 2007. Testimony will be taken on whether the needs of pedestrians and vehicles will be met by alternative routes, so that the South Lane crossing would not be needed at this time. Project Description The current Burlingame station configuration only allows one train to be in the station or pass through the station at a time. This delays service and requires crossing gates at adjoining streets to be down for a prolonged period of time. This project will replace the current center -boarding platform with two outside boarding platforms, on either side of the tracks. A new center -fence between the train tracks will improve safety, by preventing pedestrians from crossing the tracks, except at designated crossing areas, which will be protected with pedestrian crossing arms, bells and lights. When construction is complete, passenger safety will be improved, trains will no longer block North Lane, and traffic delay -time at tracks near the station will be reduced. Approximately 60 percent of the traffic that uses South lane will be redirected to Howard Avenue, while the rest will cross the tracks at North Lane. Both West and East lanes will remain open, allowing traffic access along either side of the tracks. Construction is tentatively scheduled to begin during the summer of 2007 and will last approximately one year. The street closure will be conducted under Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law (Streets & highways Code §§8300 et seq). Questions about this can be directed to Caltrain Project CaI► Manager Al Fung at 650.508.7790. 5/Ifl/2006 DECLARATOIN OF POSTING OF NOTICES PURSUANT TO STREETS & HIGHWAYS CODE SECTION 8323 I, Martin Ruiz, declare as follows and that I would be competent to testify thereto if called as a witness: • I am employed by the San Mateo County Transit District as Distribution Supervisor. On May 22, 2006, 1 posted notice of the proposed vacation of South Lane by doing the following: - Posted the notice and map of the project area at the Burlingame Caltrain Station in the rail agency's information boards. - Posted the notice and map of the project area on utility and light poles along West Lane from Howard Avenue to the Burlingame Caltrain Station. - Posted the notice and map of the project area on utility and light poles along East Lane from Howard Avenue to Burlingame Avenue. - Posted the notice and map of project area on utility and light poles along South Lane from California Drive to the rail line. A copy of the posting is attached. I declare under penalty of perjury that the foregoing is true and correct and that this was executed on May 22, 2006 in San Carlos, California (headquarters of the San Mateo County Transit District). mtl `� I k Distribution Supervisor, Martin Ruiz MAY 2 3 2006 DEPT. OF PUBLIC WORKS CITY OF BURLINGAME