HomeMy WebLinkAboutCC RESO 2005 - 255RESOLUTION NO. 2005 — 255
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN
METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND
ARIZONA EASTERN RAILWAY COMPANY,
THE CITY OF NATIONAL CITY, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY
WHEREAS, the Community Development Commission of the City of National
City ("CDC") has approved Disposition and Development Agreements with Robert Young, the
Olson Company and MRW Group, Incorporated for the redevelopment projects collectively
known as Marina Gateway within the National City Redevelopment Project; and
WHEREAS, the development projects collectively known as Marina Gateway
require access to and vacation and removal of certain unused railroad tracks within the project
sites; and
WHEREAS, Metropolitan Transit System and San Diego Arizona Eastern
Railway Company have approved a Memorandum of Understanding to allow access to and the
removal of certain railroad tracks by the CDC to facilitate the redevelopment project; and
WHEREAS, said Memorandum of Understanding sets forth terms and conditions
that are acceptable to the CDC; and
WHEREAS, by implementing the terms and conditions of the MOU, the City of
National City will accept easements previously held by the Metropolitan Transit System and San
Diego Arizona Eastern Railway Company.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Memorandum of Understanding
between Metropolitan Transit System, San Diego and Arizona Eastern Railway Company, the
City of National City, and the Community Development Commission of the City of National City.
Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 13th day of December, 2005.
ATTEST:
cF4ael Della, Cit41/0--'fat
y Mi lerk
Nick nun ., ayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 13, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
A
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
//
City C erk of the City . National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-255 of the City of National City, California, passed and
adopted by the Council of said City on December 13, 2005.
City Clerk of the City of National City, California
By:
Deputy
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101-7490
(619) 231-1466 • FAX (619) 234-3407
\ Metropolitan Transit System
MTS Doc. No. S200-06-291
(PC 50771)
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND
ARIZONA EASTERN RAILROAD, CITY OF NATIONAL CITY, AND COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
This Memorandum of Understanding (MOU) is made and entered into by and between the
San Diego Metropolitan Transit: System (MTS), is California public agency established under the
Public Utilities Code, the San Diego and Arizona Eastern (SD&AE) Railway Company, a public benefit
corporation whose sole member is MTS, the City of National City (City), and the Community
Development Commission of the City of National City (CDC).
WHEREAS, The City and the CDC are a municipal corporation and a community development
commission respectively organiized and existing under the laws of the State of California. The purpose
of this MOU is to document the parties' understanding and responsibilities with respect to the
redevelopment of properties in National City in the areas shown on Exhibit A attached (the
Redevelopment Area) hereto while at the same time providing for current and future rail service
through the Redevelopment Area for MTS and the SD&AE.
1. Except in and adjacent to the hotel site area (described as "Parcel 3 Site Hotel Area" and
"Parcel 4 Site Hotel Area" on Exhibit A attached hereto), neither MTS nor SD&AE (for
convenience, also hereinafter referred to as the Railroad) can find evidence of property
ownership interests in the areas covered by the terms of this agreement. If, in the future, it is
discovered that the Railroad has either fee title or an easement in any of the areas covered by
this agreement, CDC shall pay the Railrcad for the value of the property and the Railroad
agrees to quitclaim any such interest to tle CDC, as follows:
a. For fee, the value of $12.00 per square foot.
b. For an easement„ the value of $6 00 per square foot.
2. All new track work, signals, crossing improvements, and demolition in areas owned or
controlled by the Railroad, or which will be owned or controlled by Railroad, shall be done
subject to plans and specifications approved by Railroad, by a contractor approved by Railroad
and subject to the supervision of Railroad, all at the CDC's expense provided that the CDC shall
have approved the cost of such work and demolition in advance of it being performed.
Minimum design standards for all new track construction shall be Federal Railroad
Administration Class 2, using 115-pound rail, at a minimum design speed of 25 miles per hour.
3. The Railroad shall be responsible for the maintenance of all new track and appurtenances at
any at -grade crossings constructed pursuant to the terms of this MOU. As a condition
precedent to the construction of any at -grade crossing, including the crossing at
Bay Marina Drive and the private driveway south of the Hotel site (if subject to the California
Public Utilities Commission's [PUC's] jurisdiction), the City will apply to the PUC for a permit to
construct an at -grade crossing at these locations. If the permit is issued, any safety
Metropolitan Transit System (MTS) is comprised of the Metropolitan Transit Developrne rl: Board (MTDB), a California public agency, San Diego Transit Corp., and San Diego Trolley, Inc.,
in cooperation with Chula Vista Transit and National City Transit. MTS is the taxicab administrator for eight cities. MTDB is owner of the San Diego and Arizona Eastern Railway Company.
MTDB member agencies include: City of Chula Vista, City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway,
City of San Diego, City of Santee, and the County of San Diego.
improvements required by the PUC, including, but not limited to, concrete crossing material,
flashers, and warning devices, shall be installed pursuant to the terms of paragraph 2.
a. The Railroad agrees to cooperate with the City in the application process, including the
execution of a license, cost, and maintenance agreement between the City and the
Railroad, which will address, among other things, the maintenance obligations of each
party at the proposed crossing with the understanding that the Railroad will be
responsible for maintenance of the rail, flashers, and warning devices (at City's
expense) and the City will be responsible for maintenance of the roadway
improvements.
4. The Railroad shall have no control over demolition of track in areas not owned or controlled by
the Railroad.
5. Any arrangement entered into between the Port of San Diego, Burlington Northern Santa Fe
(BNSF) Company, and the City shall not preclude Railroad from rail access within
Bay Marina Drive to the terminal area along Harrison Avenue/Marina Way and the Coronado
Railroad right-of-way.
6. Harrison Street/Allev
a. CDC shall remove the rail tracks in the alley between the "Motivational Systems, Inc.
(MSI)" parcel and "MSI Parking Lot" parcel, and Parcel 1 B and 1 C ("Olson"), identified
as "6.a. CDC to Remove Rail Tracks," all as shown on Exhibit A attached hereto. The
removal will include the rail switch and appurtenances on the south side of
Bay Marina Drive to the terminus of the tracks approximately 400 feet north of
23rd Street.
b. CDC, at the request of the Railroad and pursuant to plans developed by the Railroad,
will install tracks and appurtenances across Bay Marina Drive to connect the existing
tracks on the north and south side of Bay Marina Drive, identified as "6.b. CDC to
Connect to Existing Tracks," as shown on Exhibit A, subject to the terms of paragraphs
2 and 3.
(1)
At the option of the Railroad, in lieu of the terms of paragraph 1.b. above, the
City agrees to cooperate with the San Diego Freight Rail Advisory Council (the
"Council") or other public agency as necessary in the project development and
construction of the connection between the SD&AE main lines and the BNSF
main lines across Marina Way in the general area between Bay Marina Drive and
the Salt Marsh (as shown on Exhibit B attached hereto). Cooperation shall mean
granting of right-of-way necessary from the City or CDC at no cost to the Council
and affirmative support of the Council's at -grade crossing permit application from
the PUC.
c. The CDC will remove the tracks in Harrison Street north of 23rd Street beginning at the
existing switch, which connects the track to the BNSF's main track, identified as
"6.c. Remove Tracks North of 23rd Street Beginning at the Switch" as shown on
Exhibit A.
-2-
7. Hotel Site Area
a. SD&AE will grant to the CDC a nonexclusive license for parking, drainage, access, and
related purposes over the area identified as "7.a. Parking Area-SD&AE to Grant Parking
License to CDC" on "Parcel 4 Site Hotel Area" on Exhibit A. The license will provide that
no parking will be allowed withinl0 feet of the centerline of the existing track and will
further provide the CDC with the right to sublicense to the developer of the hotel site
with prior approval of the Railroad. Any such license shall be revocable by the SD&AE
upon 30 days' notice to the CDC.
b. The CDC will install a private driveway at -grade across the tracks of Railroad at the
location identified as "7.b. Storm Drain and Driveway License" on Exhibit A, subject to
the terms of paragraphs 2 and 3.
c. The CDC will install a storm drain below the tracks of Railroad at the location identified
as "7.b. Storm Drain and Driveway License" on Exhibit A, subject to the terms of
paragraphs 7.d., below.
d. Prior to development of any public improvements or off -site improvements related to
development in the hotel site area, CDC shall prepare detailed plans for Railroad's
review and approval, which approval shall only pertain to improvements on the
Railroad's property. All pipeline improvements under Railroad's tracks shall conform to
American Railway Engineering and Maintenance of Way Association -recommended
practices.
e. Plats and legal descriptions for the easements described above shall be prepared by the
City/CDC, subject to the review and approval of the Railroad.
f. The value of the easement areas described in this paragraph and granted to the City
and the CDC shall be $10.00 per square foot and shall be paid to the SD&AE by the
CDC/City or the hotel developer prior to development of the hotel site.
8. Retaining Wall Easement
SD&AE will grant an easement to the City for the existing retaining wall adjacent to Paradise
Marsh, shown as "Retaining Wall Easement" on Exhibit B.
9. Harbor Drive Rail Crossing
City shall remove paving to top of rail elevation if requested by SD&AE if and when the rail lines
crossing Harbor Drive are put back into service upon 30 days' written notice. City shall
complete the removal of the paving no later than 90 days following the 30 days' written notice.
Failure to remove the paving within this time period will result in the imposition of liquidated
damages in the amount of $50 for every day the project is not completed within the
aforementioned time schedule. The terms of paragraph 4.b are incorporated herein.
-3-
10. This MOU represents the general agreement between the parties with respect to the
Redevelopment Area. The parties agree to execute more specific agreements in the future as
required to carry out the terms and conditions of this MOU, the costs of which are to be paid by
the CDC.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their respective duly authorized representatives on this day of
, 200
METROPOLITAN TRANSIT SYSTEM
Chief Executive Officer
Approved as to form:
fI,.
Tiffany . �-nzeJ
MTS General C• •
SAN DIEGO AND ARIZONA EASTERN
RAILWAY COMPANY
Title:
SChamp/MOU
SDAE.S200-06-291.CW ILLI
10/18/05
Attachments: Exhibit A - Redevelopment Area
Exhibit B — MOU Area
CITY OF NATIONAL CITY
By:
Nic]C Inzunza
Title: Mayor
COMMUNITY DEVELOPMENT COMMISSION
By:
Title:
ace -au -sr( I( e ) 121=. c're. K__
-4-
EXHIBIT A
REDEVELOPMENT AREA
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TMN
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PARCEL
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PARCEL
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OAK -MY
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r
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TMOR IgITM
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AT NE
MOTIVATIONAL
SYSTEMS INC.
(MS)
MS
PARKING
LOT
PARCEL 1C
OLSON
7P PANOq AIWA
IOW TO OMMT
PAANQ IIRIdt TO
OTC
PARCEL
STE
HOTEL
AREA
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CLEVELAND AVENUE
23RD STREET
BAY MARINA DRIVE
PARCEL 3
SITE
HOTEL
AREA
HABITAT BUFFER
ZONE
PARADISE MARSH
EXHIBIT NOT TO SCALE
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