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HomeMy WebLinkAboutMINUTES - 09102013 - C.35RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a memorandum of understanding with the City of Walnut Creek, including mutual indemnification, for conducting the Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan. FISCAL IMPACT: None to the General Fund. The project will be funded entirely with Transportation for Livable Communities (TLC) Grant funds in the amount of $75,000. BACKGROUND: The County and the City of Walnut Creek will work collaboratively to develop the Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan (Plan). The Plan would identify improvements to serve bicyclists and pedestrians using the Treat Boulevard/I-680 over-crossing near the Contra Costa Centre/Pleasant Hill BART station area. The need for this study is supported by the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/10/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jamar Stamps 925 674-7832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 10, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Stephen Siptroth, County Counsel, Allison Van Dorn, DCD C. 35 To:Board of Supervisors From:Catherine Kutsuris, Conservation and Development Director Date:September 10, 2013 Contra Costa County Subject:Memorandum of Understanding with Walnut Creek for the Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan BACKGROUND: (CONT'D) Contra Costa Centre/Pleasant Hill BART Station Area Specific Plan. The Treat Boulevard/I-680 over-crossing is one of the main arteries into the Contra Costa Centre/Pleasant Hill BART station area from areas of Walnut Creek west of the freeway. The over-crossing has a five-foot sidewalk on its north side for pedestrians, and shoulder areas for bicyclists. Pedestrian and bicycle traffic has increased as new development has occurred on either side of the freeway. The proposed project area encompasses the portion of Treat Boulevard from North Main Street (City of Walnut Creek) east to the Iron Horse Trail (Contra Costa County). The County/City jurisdiction boundary staggers across the freeway over-crossing. Contra Costa County will be the lead on the project and will work directly with the City of Walnut Creek on development and implementation of the Plan as specified in the memorandum of understanding (MOU) attached to this Board Order. Other stakeholders such as Caltrans, the Contra Costa Transportation Authority (CCTA), TRANSPAC (Central County Transportation Planning Committee) and regional and local community organizations will participate in the effort. The project has received written letters of support from Caltrans (District 4), Contra Costa Centre Municipal Advisory Council (MAC), Walnut Creek Bicycle Advisory Committee, and the Walden Improvement Association. Following the full execution of the MOU by the County and City of Walnut Creek, the County will initiate the procurement process for consultant firms. It is anticipated that a consultant will be selected by no later than the end of the third quarter, 2013. The County was awarded $75,000 in Transportation for Livable Communities (TLC) Grant funds through CCTA to develop the Plan. CONSEQUENCE OF NEGATIVE ACTION: Failure to execute the memorandum of understanding would delay development and implementation of the Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan recommended by the Contra Costa Centre/Pleasant Hill BART Station Area Specific Plan, and potentially jeopardize the County's ability to receive future grant funds from the Contra Costa Transportation Authority. CHILDREN'S IMPACT STATEMENT: The Contra Costa Children’s Report Card supports a vision that all Contra Costa children will reach adulthood having experienced a safe, healthy, nurturing childhood which prepares them to be responsible, contributing members of the community. The Report Card's Outcome 4: Families and Communities are Safe , would be supported through the preparation of the proposed Plan. The Plan will evaluate feasible and effective strategies to improve safety for pedestrians and bicycles of all ages traveling through the study area, and thereby help reduce unintentional injuries caused by crashes with motor vehicles or other pedestrians and bicyclists. ATTACHMENTS Attachment A- MOU Study Area Map 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY FOR THE Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan (Plan) This MEMORANDUM OF UNDERSTANDING (“MOU”), effective October ____, 2013 (“Effective Date”), is entered into by, and between, the City of Walnut Creek, a municipal corporation (CITY), and County of Contra Costa, a political subdivision of the State of California (COUNTY), collectively referred to as PARTIES and each a PARTY. RECITALS A. The Contra Costa Centre Treat Boulevard/I-680 Bicycle and Pedestrian Plan (PLAN) will identify improvements to serve bicyclists and pedestrians using the Treat Boulevard/I- 680 over-crossing near the Contra Costa Centre/Pleasant Hill BART station area. The Treat Boulevard/I-680 over-crossing is one of the main arteries into the Contra Costa Centre/Pleasant Hill BART station area from areas of Walnut Creek west of the freeway. B. If the recommendations from the PLAN are ultimately implemented, the improvements would provide pedestrian and bicycle facilities that create a safer and more attractive facility to allow non-motorized crossing of the I-680 freeway. That project would also improve connectivity to the Contra Costa Centre/Pleasant Hill BART station and Iron Horse Trail. C. COUNTY, through the support of the Transportation Partnership and Cooperation (TRANSPAC), obtained a Transportation for Livable Communities (TLC) Grant from the Contra Costa Transportation Authority (CCTA) in the amount of $75,000 for the purposes of developing the PLAN that would identify improvements to serve bicyclists and pedestrians using the Treat Bouldevard/I-680 over-crossing near the Contra Costa Centre/Pleasant Hill BART station area. D. The PLAN area includes separate jurisdictional areas where individual PARTIES have discrete authority over land use, roadway operations, and public capital improvements. E. The PARTIES intend to cooperate with, and support the development of the PLAN, which will develop recommendations for improved bicycle and pedestrian facilities generally along the Treat Boulevard/I-680 overcrossing from the intersection of North Main Street in the west (in the City of Walnut Creek), to the Iron Horse Corridor in the east (in Contra Costa County). F. The COUNTY is assuming fiscal responsibility and project lead duties for the administration and development of the PLAN. G. PLAN-related costs shall be paid by COUNTY from TLC funds. Costs incurred by CITY due to its participation in the PLAN are not eligible for reimbursement and will be the responsibility of CITY. 2 TERMS OF UNDERSTANDING 1. Purpose and Scope of Work: The PARTIES agree on the cross-jurisdictional need for the PLAN and desire to complete the PLAN, and review implementation of the recommendations, subject to the policies and priorities of each jurisdiction. The PLAN will develop recommendations that can create an overall safer transportation environment for bicyclists and pedestrians across the Treat Boulevard/I-680 over- crossing. The purpose of this MOU is to define the roles of the PARTIES during the development of the PLAN, and during specific post-PLAN activities, as specified in Section Two. 2. Responsibilities of the PARTIES A. Responsibilities of the CITY: The CITY hereby agrees to do all of the following during each of the following PLAN and post-PLAN phases: 1) During the development of the PLAN, the CITY shall:  Participate in the selection of the consultant and development of the PLAN, which will remain within the COUNTY's sole discretion.  Respond to requests for information necessary for the development and progress of the PLAN in a reasonable time period.  Attend staff, policy, and technical meetings as necessary to keep the PLAN on schedule.  Process any necessary consultations, reviews, and approvals at respective technical and policy bodies.  Have control over the final recommendations of the PLAN for improvements in its respective jurisdiction. 2) After the completion of the PLAN, the CITY hereby agrees:  To consider whether to adopt the recommendations of the PLAN and incorporate next steps into the appropriate policy documents.  To consider whether to implement any of the recommendations of the PLAN, subject to the adopted policies and priorities of the CITY.  To reasonably support COUNTY in pursuing grant funds for the implementation of all or portions of the recommendations of the PLAN, subject to the adopted policies and priorities of the CITY. B. Responsibilities of the COUNTY: The COUNTY hereby agrees to do all of the following PLAN and post-PLAN phases: 1) During the development of the PLAN, the COUNTY shall:  Develop the PLAN, and serve as the PLAN lead agency.  Respond to CITY's request for information necessary for the 3 development and progress of the PLAN in a reasonable time period.  Coordinate and attend staff, policy, and technical meetings as necessary to keep PLAN on schedule.  Process any necessary consultations, reviews, and approvals at respective technical and policy bodies.  Be responsible for final approval of recommendations of PLAN recommendations in COUNTY's jurisdiction.  Be solely responsible for any administrative activity necessary for development of the PLAN and to fulfill any requirements of CCTA related to the PLAN or use of the TLC Grant funds. 2) After the completion of the PLAN, the COUNTY shall:  Consider whether to adopt any of the recommendations of the PLAN and incorporating next steps into the appropriate policy documents.  Consider whether to pursue implementation of any of the recommendations of the PLAN consistent with adopted policies and priorities.  Support the CITY in pursuing grant funds for the implementation of all or portions of the recommendations of the PLAN. 3. Mutual Understanding A. The PARTIES agree that implementation and maintenance of any project resulting from the PLAN will be the sole responsibility of the jurisdiction where that project is located, unless the PARTIES enter into a further agreement indicating otherwise. B. Joint implementation of any project or projects resulting from the PLAN will be subject to another agreement between or among the PARTIES. 4. Mutual Indemnification: A. COUNTY hereby agrees to indemnify, defend, assume all liability for and hold harmless CITY and its officers, elected officials, employees, agents and representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties, obligations, liabilities, damages to property, costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts' and actual attorneys' fees), environmental claims or bodily and/or personal injuries or death to any persons, arising out of or in any way connected to the negligence or willful misconduct of COUNTY, its officers, agents or employees in connection with or arising from any of its activities under this Agreement. This indemnity shall apply except as to the extent to which any such claims are attributable to the sole negligence or willful misconduct of CITY. B. CITY hereby agrees to indemnify, defend, assume all liability for and hold harmless COUNTY and its respective officers, employees, agents and representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties, obligations, 4 liabilities, damages to property, costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts' and actual attorneys' fees), environmental claims or bodily and/or personal injuries or death to any persons, arising out of or in any way connected to the negligence or willful misconduct of CITY, its officers, agents or employees in connection with or arising from any of its activities under this Agreement. This indemnity shall apply except as to the extent to which any such claims are attributable to the sole negligence or willful misconduct of COUNTY. 5. MOU Modification: This MOU may be modified only by the written approval of the legislative bodies of all PARTIES. 6. MOU Termination: Unless terminated earlier, this MOU will terminate immediately upon implementation of the recommendations of the PLAN by PARTIES. Notwithstanding the foregoing, the indemnification obligation of each PARTY, as set forth in Section 4 above, shall survive the termination of this MOU. Either PARTY may terminate this MOU with or without cause by serving sixty (60) days written notice on the other PARTY. 7. Counterparts. The PARTIES hereto recognize and agree that separate counterpart signature pages may be used to execute this MOU, but that all such pages constitute one and the same MOU. 8. Construction. The section headings and captions of this MOU are, and the arrangement of this instrument is, for the sole convenience of the PARTIES to this MOU. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this MOU. This MOU will not be construed as if it had been prepared by one of the PARTIES, but rather as if all PARTIES have prepared it. The PARTIES to this MOU and their respective counsel have read and reviewed this MOU and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting PARTY will not apply to the interpretation of this MOU. The recitals are, and will be enforceable as, a part of this MOU. 9. No Third-Party Beneficiaries. This MOU is intended solely for the benefit of the PARTIES hereto, and no third party will have any right or interest in any provision of this MOU, or as a result of any action or inaction of any PARTY in connection therewith. 10. Governing Law and Venue. This MOU will be governed and construed in accordance with California law. 11. Entire MOU: This MOU contains the entire understanding of the PARTIES relating to the subject of this MOU. Any representation or promise of the PARTIES relating to PLAN shall not be enforceable unless it is contained in this MOU or in a subsequent written modification of this MOU executed by all the legislative bodies of all PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have executed this MOU on the Effective Date. 5 COUNTY OF CONTRA COSTA CITY OF WALNUT CREEK By:_____________________________ By:_____________________________ Federal D. Glover Chair, Board of Supervisors Attest: By: ________________________ David Twa Clerk of the Board of Supervisors Cindy Silva Mayor Attest: By: Suzie Martinez City Clerk Approved as to form: Sharon Anderson County Counsel By: ________________________ Stephen M. Siptroth Deputy County Counsel Approved as to form: By: Steven Mattas Interim City Attorney §¨¦680N Main St Oak Rd Geary Rd Treat Blvd Jones Rd Buskirk Ave Wayne Ct Sunnyvale Ave Del Hombre Ln Brockhurst C O a k R dWalnut CreekWalnut CreekMap created 11/3/2011by Contra Costa County Department Conservation and Development Community Development Division--GIS Group651 Pine Street, 4th Floor North Wing, Martinez, CA 94553-009537:59:48.455N 122:06:35.384WThis map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.I0 320 640160FeetContra Costa CentreProposed Study AreaLegendBART StationsBART TrackParcelsProposed Study AreaWalnut Creek City LimitsWalnut CreekPleasant HillConcordLafayetteMartinezLafayette§¨¦680Taylor BlvdN Main StTreat BlvdGeary RdOak Park BlvdGregory LnTreat BlvdVicinity MapSITEGGearryyRRddddSSSSunnnnnyyyyyyvvvvvvaleeAAvvvveeeeWWalnutCCrreekkWWalnutCCrreekk