ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by:
Erin Adams, Management Analyst
Husam Hasenin, Traffic Eng. Division Manager Meeting Date: February 28, 2023 Approved by:
Greg Mayer, City Engineer
Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: MEMORANDUM OF AGREEMENT WITH NORTH COUNTY TRANSIT DISTRICT FOR THE
PEDESTRIAN CROSSING AT THE VISTA TRANSIT CENTER
RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving the Memorandum of Agreement (MOA) with North County Transit District for the Pedestrian Crossing at the Vista Transit Center and authorizing the Mayor to execute the MOA.
CORRELATION TO CITY COUNCIL GOALS: Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
PRIOR ACTION: On October 11, 2022, adopted City Council Resolution No. 2022-147, establishing an all-way stop at the intersection of Olive Avenue and Goetting Way (Vote: 4-0, Green absent).
PRIOR TRAFFIC COMMISSION ACTION: On September 7, 2022, recommended establishing an all-way stop at the intersection of Olive Avenue and Goetting Way (Vote: 6-0-1, Commissioner Vielma abstained).
STATEMENT ON THE SUBJECT: The Vista Transit Center is located downtown on the east side of Olive Avenue between Vista Village Drive and Goetting Way. Pedestrians often cross Olive Avenue to access the transit center. To increase pedestrian safety for this access, the Traffic Commission recommended an all-way stop at the intersection of Olive Avenue and Goetting Way at their September 7, 2022 meeting. The City Council then approved the all-way stop on October 11, 2022.
The North County Transit District (NCTD) owns and operates the Vista Transit Center property. Because the all-way stop improvements (including a raised median, signage, and striping) will be installed in both the public street right of way, and on NCTD’s property, the parties wish to execute a Memorandum of Agreement (MOA) regarding future maintenance responsibilities for the installed improvements. In summary, the City would be responsible for the improvements that are installed in the public street right of way, and NCTD would be responsible for the improvements that are installed on their Vista Transit Center property. A map showing the location of planned improvements is included on page 4 of Exhibit 2. Staff recommends executing the Memorandum of Agreement. Once executed, the project is scheduled to be completed in spring 2023.
FISCAL IMPACT: There is no direct fiscal impact associated with executing the Memorandum of Agreement. Project installation costs were addressed in the October 11, 2022 City Council agenda report.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/28/2023 C6 1 of 16
Approved above recommendation, adopted City Council Resolution No. 2023-15.
Vote: 5-0
MEETING DATE: February 28, 2023 PAGE 2
SUBJECT: MEMORANDUM OF AGREEMENT WITH NORTH COUNTY TRANSIT DISTRICT FOR THE
PEDESTRIAN CROSSING AT THE VISTA TRANSIT CENTER
After the improvements are installed, staff estimates that the annual maintenance cost will be $1,500 and sufficient funds are available in the Public Works Street Service Contract and Special Department Expense Account (Nos. 1060410.521040 and 1060410.531500.00090).
EXHIBITS:
1. City Council Resolution No. 2023- , approving the Memorandum of Agreement (MOA) with North County Transit District for the Pedestrian Crossing at the Vista Transit Center and authorizing the Mayor to execute the MCA
2. Memorandum of Agreement (MOA) between North County Transit District and City of Vista regarding Pedestrian Crossing Adjacent to Vista Transit Center
02/28/2023 C6 2 of 16
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH NORTH COUNTY TRANSIT DISTRICT FOR THE PEDESTRIAN
CROSSING AT THE VISTA TRANSIT CENTER AND AUTHORIZING THE
MAYOR TO EXECUTE THE MOA
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. To increase pedestrian safety for access to and from the Vista Transit Center, an all-way stop at the intersection of Olive Avenue and Goetting Way was approved by the Vista Traffic Commission and City Council.
B. The North County Transit District (NCTD) owns and operates the Vista Transit Center and supports the installation of the all-way stop and associated improvements.
C. The City of Vista and NCTD desire to enter into a Memorandum of Agreement to delineate the future maintenance responsibilities of the all-way stop and crossing improvements.
In summary, the City is responsible for the improvements that are installed in the public street right of way, and NCTD is responsible for the improvements that are installed on their Vista Transit Center property.
2. Action.
A. The Memorandum of Agreement (MOA) between North County Transit District and City of Vista Regarding Pedestrian Crossing Adjacent to the Vista Transit Center is approved, and the Mayor is authorized to execute the MOA.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on February 28, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230216212115
000292137 EXHIBIT 1
02/28/2023 C6 3 of 16
NCTD Document No. 2023-02
NORTH COUNTY
TRANSIT DISTRICT _
MEMORANDUM OF AGREEMENT (MOA)
BETWEEN NORTH COUNTY TRANSIT DISTRICT
AND CITY OF VISTA
REGARDING PEDESTRIAN CROSSING ADJACENT TO VISTA TRANSIT CENTER This Memorandum of Agreement ("MOX) is made and entered into by and between the NORTH COUNTY TRANSIT DISTRICT (NCTD), operating under and pursuant to Public Utilities Code Section 125000, et seq. and the City of Vista, a chartered municipal corporation ("CITY"), individually referred to as a "Party" and collectively referred to herein as "Parties".
RECITALS
The following recitals are a substantive part of this Agreement:
WHEREAS, NCTD operates and maintains the Vista Transit Center, a multimodal transit facility located within the City of Vista, County of San Diego, State of California, generally situated east of Goetting Way, west of North Santa Fe Ave., north of Vista Village Drive and surrounds the NCTD Railroad Right-of-Way (hereinafter"VTC").; and
WHEREAS, as part of its overall efforts to enhance safety around VTC, City desires to install and maintain pedestrian crossings, stop signs, and modify an existing curb (hereinafter "Improvements") within the public right-of-way on Olive Avenue at Goetting Way, and in the adjacent VTC bus terminal driveway (hereinafter the "Parkway"), as shown in the sketch marked Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, NCTD agrees that installation and maintenance of Improvements within the Parkway by CITY would add to the safety of pedestrians around VTC; and WHEREAS, the Parties wish to memorialize their agreement in this MOA to carry out the purposes set forth above;
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows:
NCTD AGREES:
1. To allow CITY to construct the Improvements on NCTD Property and will maintain the striping within the bus terminal, along with the stop signs installed on the curb.
2. Waive cost recovery fees associated with permitting Improvements on NCTD property due to the reciprocal benefit of the Improvements.
CITY AGREES:
3. To install and maintain the Improvements in the Parkway, at its sole cost and expense.
4. To apply for a permit from NCTD for the installation of the Improvements on NCTD property.
THE PARTIES MUTUALLY AGREE:
1. The above Recitals are true and correct and are integrated as part of this MOA.
2. Any correspondence required or permitted under this MOA may be personally served on the other Party by the Party giving notice, or may be served by email, fax or prepaid registered or certified USPS mail, return receipt requested, to the following addresses:
1 EX
02/28/2023 CIS 2 4 of 16
NCTD Document No. 2023-02
For NCTD: For CITY:
North County Transit District City of Vista
810 Mission Avenue 200 Civic Center Dr.
Oceanside, CA 92054 Vista, CA 92084
Attn: Sarah Bottom, Manager of Real Estate Attn: Husam Hasenin, Traffic Engineer Phone: (760) 966-6556 Phone: (760)643-5411
Fax: (760)967-2001 Fax: (760)639-6112
E-mail: [email protected] E-mail: [email protected]
3. That unless it is amended by the Parties in writing, this MOA shall continue in effect unless and until a Party to the MOA gives 60 (sixty) days written notice of its desire to withdraw from the MOA. If such notice is given, the MOA shall continue to be binding on those Parties who have not formally withdrawn.
4. The indemnification provisions of this MOA shall survive termination of the MOA.
5. This MOA shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOA, the action shall be brought in a state or federal court situated in the County of San Diego, State of California.
6. All claims, counterclaims, disputes and other matters in question between the Parties arising out of or relating to this MOA or its breech will be decided by arbitration if the Parties mutually agree or in a court of competent jurisdiction in accordance with item 5.
7. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
8. Neither Party nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Party under or in connection with any work, authority or jurisdiction delegated thereto under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, the Parties shall mutually defend, indemnify and save harmless one another, including all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by either Party under or in connection with any work, authority or jurisdiction delegated thereto under this Agreement.
9. For purposes of this MOA, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations.
10. No alteration or variation of the terms of this MOA shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.
11. Nothing in the provisions of this MOA is intended to create duties or obligations to or rights in third Parties to this MOA or affect the legal liability of the Parties to this MOA.
12. Each Party declares that, prior to execution of this MOA; it has consulted with its attorney in order that it may intelligently exercise its own judgment in deciding whether to execute this MOA.
13. Each Party declares that it has read this MOA and understands and knows the contents thereof and represents and warrants that each of the Parties executing this MOA is empowered to do so and herby binds the respective Party.
This MOA may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. The Parties further agree that a facsimile copy of the executed counterparts shall have the same force and effect as an original. 2 02/28/2023 C6 5 of 16
NCTD Document No. 2023-02
IN WITNESS WHEREOF, the Parties have caused this MOA to be executed and delivered as of the last date of the Parties signature.
NORTH COUNTY TRANSIT DISTRICT CITY OF VISTA
Matthew O. Tucker John Franklin
Executive Director Mayor
2/2/2023
Date Signed Date Signed
APPROVED AS TO FORM APPROVED AS TO FORM
Lori A. ree Walter Chung
General Counsel City Attorney
2/2/2023
Date Signed Date Signed
APPROVED
Amanda L.Guy
20230124165634
3 02/28/2023 C6 6 of 16
EXHIBIT A
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2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. LEGEND ON PLANS
3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER.
RBVISIon By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03
Gc� 10 25 2018
EFORMATTED T. STANTON 04/06 CURBS AND GUTTER - SEPARATE Chair e'son R.C.E. 19246 Date UPDATED MR MR/CV 11/11 DRAWING G-01 UPDATED CV CV 12/15 NUMBER
02/28/2023 C6 10 of 16
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NOTES:
1. CONCRETE SHALL BE 520—C-2500.
2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. LEGEND ON PLANS
3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 26 2018 REFORMATTED T. STANTON 04/06 CURB AND GUTTER - COMBINED Chair erson R.C.E. 19246 Date UPDATED I MR I MR/CV 11/11 DRAWING G-O2 UPDATED CV CV 12/15 NUMBER
02/28/2023 C6 11 of 16
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NOTES:
1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES.
2. TYPE A-1 IS A DESIGNATION FOR RAMP AT CURB RETURN.
3. TYPE B-1 IS A DESIGNATION FOR RAMP AT STRAIGHT CURB (SHOWN ABOVE).
4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS.
5. FOR TRUNCATED DOMES DETAIL, SEE STANDARD DRAWING G-30.
6. SEE STANDARD DRAWING G-32B FOR X, Y, AND Z* DETAILS.
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
ORIGINAL BAHMANIAN 02/95
REVISED T. STANTON 04/06
UPDATED MR MR/CV 03/12 CURB RAMP - TYPES A-1 AND B-1 '°z5z°'8 Chair erson R.C.E. 19246 Date
UPDATED CV, CV 12/15 (FOR EXISTING SIDEWALK) DRAWING G-28 REVISED KE TS/RAP 11/17 NUMBER
02/28/2023 C6 12 of 16
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1. DETECTABLE WARNING SURFACE COLOR SHALL BE YELLOW
CONFORMING TO FEDERAL STANDARDS 595E TABLE IV, COLOR
NO. 33538, OR AS SPECIFIED BY THE AGENCY. COLOR
SHALL BE HOMOGENEOUS THROUGHOUT THE TILE.
1.6" TO 2.4" 2. TRUNCATED DOME TOP DIAMETER OF 50% OF THE BASE DIAMETER MINIMUM TO 65% OF THE BASE DIAMETER MAXIMUM.
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Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL PARKINSON 02/95 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018 UPDATE D. DAVIES 12/04 TRUNCATED DOMES Chair erson R.C.E. 19246 Date UPDATED MR MR/CV 03/12 DRAWING G-3O UPDATED MR MR/CV 03/12 NUMBER
02/28/2023 C6 13 of 16
BREAK-AWAY SIGN
POST PER SDRSD M-45
1" THICK GROUT CAP
1/4" GRAVEL 1 ,
4" PCC MEDIANV�'-//AAj jA VAjAAj� //A�jAAAi\. .
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WHEN SIGN POST IS TO BE PLACED IN
HARDSCAPE AREAS IT SHALL BE SET MEDIAN CURB OR
IN A 4" DIAMETER BY 6" DEEP CURB AND GUTTER SCHEDULE 40 PVC ANCHOR SLEEVE
AND BACK FILLED WITH 1/4" GRAVEL
TO WITHIN 1" OF THE TOP OF THE BREAK-AWAY SIGN POST AND SLEEVE; THE LAST 1" IS TO BE FILLED SLEEVE PER SDRSD M-45 WITH GROUT. USE DIRECT BURIAL
WHERE SIGN IS TO BE PLACED IN SOIL.
BREAK-AWAY SIGN POST
Revision By Apprvd Date CITY OF VISTA
New GL SS 04 26 11 STANDARD DRAWING 47�� Updated GL HH 12/18/12 CITY ENGINEER, DATE SIGN POST RCE 55075
FOOTING IN HARDSCAPE DRAWING F-06
1 3/4"x 1 3/4"
12 Gauge Post
6'
(Unless Otherwise Shown on Plans) 1-7
2"f
NOTES •
1. Structural steel tubing used for °
post & sleeves shall be °
galvanized 12 gauge cold rolled °
steel, of the nominal dimensions o
shown hereon and meet the
requirements of ASTM A446
Grade A. °
0 2. Galvanizing shall be per ASTM
A525. Posts & sleeves shall 0 3/8" Rivet (typ.) have 7/16" dia. holes °
spaced 1" o.c. t1/8" 0
LM
& shall have no more variation in co 0
straightness than 1/16" in o 0
3'. Posts shall be square ; o Rivet Specification within t0.014", have twist o Dimension: 3/8" Dia. Shank no greater than 0.062" in 3' and " ° 7/8" Dia. Head have corner radii of 5/32" 0 Grip Range: .200—.356 t1/64". N ^ Finish: Electro—Galvanize
00 ° ASTM—B-633
3. The signs shall be mounted E 0 Type III SCI on posts in accordance with E 0
Section 56, "Signs" of the State o 0
Standard Specifications. All 0
fastening hardware is to be 0
provided by the Contractor. 0 3/8" Rivet (typ.)
4. Maximum sign size 5.2 sq. ft. 0
° 2 1/4" Anchor Sleeve
3" •
V ° Existing
0 Ground
0 2 1/4% 2 1/4" o M
12 Gauge Post °
2% 2"-12 Gauge
Post 2" Anchor Post
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL G. Parkinson 02/95 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE Revised D. Gerschoffe 09/15
10 25 2018
Reviewed K. Equipado 10/18 BREAK-AWAY SIGN POST ChairZerson R.C.E. 19246 Date
DRAWING
NUMBER M-45
02/28/2023 C6 15 of 16
DISTANCE FROM CONCRETE TO
2" GRIND & AC OVERLAY
6" MIN. EDGE OF SAW—CUT = 1' MIN.
EXISTING AC 0 o LIP
BUJ
co o NEW CURB & GUTTER
(OR CROSS GUTTER)
a
EXISTING AGGREGATE BASE
FULL DEPTH AC PATCH
DISTANCE FROM CONCRETE TO
EDGE OF SAW—CUT = 1' MIN.
6 NEW CURB OR
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— CONCRETE SIDEWALK
N p g OR MEDIAN
STAMPED CONCRETE
A.
y o 0
EXISTING AGGREGATE BASE
FULL DEPTH AC PATCH
PAVEMENT RESTORATION FOR
CURB & GUTTER OR CROSS GUTTER
Revision By Apprvd Date CITY OF VISTA
New GL TS 09/01/11 STANDARD DRAWING
CITY
PAVEMENT RESTORATION R E 55075 ENGINEER, DATE
DETAILS DRAWING F-13