HomeMy WebLinkAboutNorth San Diego County Transit Development Board; 1996-11-07;MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITIES OF OCEANSIDE, CARLSBAD, ENCINITAS,
SOLANA BEACH, DEL MAR AND SAN DIEGO AND THE NORTH SAN DIEGO COUNTY
TRANSIT DEVELOPMENT BOARD AND SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD FOR COORDINATED PLANNING AND DESIGN OF A MULTI-
MODAL, NON-MOTORIZED TRANSPORTATION FACILITY WITHIN THE SAN DIEGO
NORTHERN RAILWAY FROM SAN LUIS REY RIVER, OCEANSIDE TO THE
SANTA FE DEPOT, SAN DIEGO.
WHEREAS, the Cities of Oceanside, Carlsbad, Encinitas, Solana Beach, De1 Mar, and San
Diego, are hereinafter referred as Public Agencies; and
WHEREAS, the Public Agencies desire to develop a 42 mile multi-modal, non-motorized
transportation facility primarily within the right-of-way of the San Diego Northern Railway, hereinafter
referred to as SDNR, from the San Luis Rey River in Oceanside to the Santa Fe Depot in San Diego,
hereinafter known as the Coastal Rail Trail; and
WHEREAS, the Coastal Rail Trail will provide alternative transportation opportunities, reduce
automobile trips, and thereby improve air quality; and
WHEREAS, the Public Agencies also recognize the regional benefits that a continuous multi-
modal, non-motorized transportation facility will have on recreation, tourism, quality of life, and health;
and
WHEREAS, the San Diego Association of Governments (SANDAG) has designated the City of
Carlsbad as the lead agency in coordinating the planning and design effort for the “Coastal Rail Trail”
project and have formalized this action by designating the Coastal Rail Trail within the Regional
Transportation Improvement Plan adopted by the SANDAG Board of Directors; and
WHEREAS, the North San Diego County Transit Development Board (NSDCTDB) and the San
Diego Metropolitan Transit Development Board (MTDB) own the SDNR right-of way, with North County
Transit District (NCTD), the operating entity of NSDCTDB, serving as the managing agency; and
WHEREAS, the SDNR was purchased for use primarily as a rail transportation corridor, hosting
a federally designated high speed passenger corridor, as well as rail freight operations and;
WHEREAS, the Public Agencies desire to develop, maintain, and operate the Coastal Rail Trail
within the SDNR right-of-way as an ancillary use subordinate to the primary use; and,
WHEREAS, the Public Agencies acknowledge the importance of designing a trail that is safe and
is separated from the railway; and,
WHEREAS, the Public Agencies desire to develop the Coastal Rail Trail within the SDNR right-
of-way, if feasible due to railway, legal, and land use limitations; and
WHEREAS, in those segments of the San Diego Northern Railway right-of-way not suitable or
feasible for the Coastal Rail Trail alignment, the Public Agencies intend to explore alternative alignments
utilizing city, state, or federal highway, utility right-of-ways, and private property; and
WHEREAS, the Public Agencies intend to work closely in a cooperative effort with NCTD,
MTDB, and other affected local, state, and federal agencies to plan and design the Coastal Rail Trail in
portions of the right-of-way not intended for railway and light rail use; and
WHEREAS, the Public Agencies, agree to work cooperatively to develop implementing
agreements for the Coastal Rail Trail with affected property owners and to pursue grant funding for
construction, operation and maintenance of the Coastal Rail Trail facility.
NOW, THEREFORE, BE IT RESOLVED by the Public Agencies and the Board of Directors
of of NSDCTDB and MTDB as follows:
1. That the above recitations are true and correct.
2. That the City Manager of the cities of Oceanside, Carlsbad, Encinitas, Solana Beach, De1
Mar, and San Diego, and the General Manager of NSDCTDB and MTDB are hereby
authorized to execute, on behalf of each City or Board of Directors, the Memorandum of
Understanding regarding the proposed “Coastal Rail Trail”with the Cities of Oceanside,
Carlsbad, Encinitas, Solana Beach, De1 Mar, and San Diego and NSDCTDB and MTDB,
a copy of which is attached as Exhibit “A” and incorporated by this reference.
.
CITY OF OCEANSIDE
.-
Date:
Tom Wilson, City Manager
Date: I[ -7 -q,b I’ ‘\
CITY OF ENCINITAS
Lauren Wasserman, City Manager
Date:
CITY OF SOLANA BEACH
w Robert Semple, C!ity Manager
Date: /o--zs-76
OF DEL MAR
? - P - SXkLh Date:
Manag& , a
CITY OF SAN DIEGO
Jack McGrory, City Manager
Date:
NORTH COUNTY TRANSIT DISTRICT
Richard Fifer, General Manager
Date:
METROPOLITAN TRANSIT DEV. BOARD
Thomas Larwin, General Manager
Data:
Exhibit A
CONCEPTUAL AGREEMENT FOR
COORDINATED PLANNING AND DESIGN
OF THE COASTAL RAIL TRAIL
The railway from Oceanside to San Diego connect the jurisdictions of the Cities of Oceanside,
Carlsbad, Encinitas, Solana Beach, De1 Mar, and San Diego and offers the opportunity to create a 42 mile
multi-modal, non-motorized transportation facility known as the Coastal Rail Trail. In order to develop
the Coastal Rail Trail and provide a regional benefit, a coordinated effort of the jurisdictions and
NSDCTDB and MTDB is required.
WHEREAS, the Cities of Oceanside, Carlsbad, Encinitas, Solana Beach, De1 Mar, and San Diego
border or lie within the boundaries of the San Diego Northern Railway right-of-way; and
WHEREAS, the Public Agencies agree that it is their goal, if feasible, to create a continuous
multi-modal, non-motorized transportation facility for the benefit of the Public; and
WHEREAS, the Public Agencies are willing to enter into a Memorandum of Understanding to
coordinate planning and design of the affecting the “Coastal Rail Trail’ project in conjunction with
NSDCTDB and MTDB.
NOW THEREFORE, the Public Agencies hereby agree to study, research, coordinate, plan, and
design the “Coastal Rail Trail” through coordinated funding, planning, environmental, and design effort
to achieve a continuous 42-mile multi-modal, non-motorized transportation facility. This coordinated
effort shall include the following:
COORDINATION: The design and planning effort shall be coordinated between the Public
Agencies, NSDCTDB, MTDB, and other affected property owners, as well as related agencies including,
but not limited to, NAS Miramar, California Public Utilities Commission, California Transportation
Commission, California Coastal Commission, U.S. Army Corps of Engineers, California Department of
Fish and Game, and the U. S. Department of Fish and Wildlife.
PLANNING: The planning effort shall consider issues related to the development of the Coastal
Rail Trail within the railway right-of-way, from the San Luis Rey River in the City of Oceanside to the
Santa Fe Depot in the City of San Diego and shall consider alternative alignments or temporary alternative
alignments that might be necessary due to railway use, legal, liability, physical or funding constraints.
DESIGN: The design effort shall result in a 30% preliminary engineering design to assist the
Public Agencies in developing consistent design standards, and analyzing costs to construct and maintain
the Coastal Rail Trail and related facilities.
CRTMOU082996
-
i. RITE IT - DON’T SAY _ r!
Date November 13 19 96
To File
From Isabelle Paulsen
0 Reply Wanted
ONo Reply Necessary
Today Karen Kundtz gave the original agreement (MOU) to Steve Jantz.
Council Meeting: November 5, 1996.
Resolution No. 96-369.
PRlNTLD IH us*
MEMORANDUM OF UNDERSTANDING BETWEEN THE
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT
BOARD AND THE CITY OF CARLSBAD
This Memorandum of Understanding (MOU) is made and entered into by and between the
North San Diego County Transit Development Board (Board), owner of rail right-of-way (“Right-of-
Way”), and the City of Carlsbad (City). The purpose of this MOU is to document the parties
understanding and responsibilities with respect to cost reimbursement for Board activities concerning
the rail trail (“Rail Trail”) being planned on the Right-of-way.
1. City is to reimburse Board, within thirty (30) days for all costs and expenses incurred
by Board (including a 7.2% administrative fee which shall be equal to 7.2% of Board’s actual
expenses) in connection with the planning, design and construction of the Rail Trail within the Right-
of-Way.
2. The responsibilities and obligations of the parties are more hlly described in the
Easement for Rail Trail which has been conceptually approved by the City and the Board. At such
time as the Rail Trail has been designed, and approved by the Board, the Easement for Rail Trail will
be executed by the parties.
3. All billings pursuant to this MOU shall be addressed to the City as follows:
Attn: Sherri Howard, Assistant Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective officers hereunto duly authorized on the date written below their
signature.
NORT SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
By*Q fl Date: h,k,bL
Martin C. Minkoff, Executiv irector
Date: JUN 1 2 2002
SDPuB\CMC\262331
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
ClNDlE K. McMAHON
DEPUTY CITYATTORNEY
JULIA L. COLEMAN
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891 FAX: (760) 434-8367
SECRETARY TO CITY ATTORNEY
RANDEE HARLIB
LEGAL SECRETARYIPARALEGAL
ARDlS SEIDEL
DATE: JUNE 17,2002
TO: C. MICHAEL COWETT BEST BEST & KRIEGER LLP
402 W. Broadway, 1 3Ih Floor
San Diego, CA 92101-3542
RE: MOU/RAIL/TRAIL/REIMBURSEMENT
ENCLOSED PLEASE FIND per your request:
A signed copy of the MOU in the above referenced matter for your file.
ARDlS SEIDEL
LEGAL ASSISTANT
MEMORANDLJh4 OF UNDERSTANDING BETWEEN THE
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT
BOARD AND THE CITY OF CARLSBAD
This Memorandum of Understanding (MOW is made and entered into by and between the
North San Diego County Transit Development Board (Board), owner ofrail right-of-way (“Right-of-
Way”), and the City of Carlsbad (City). The purpose of this MOU is to document the parties
understanding and responsibilitieswith respect to cost reimbursement for Board activities concerning
the rail trail (“Rail Trail”) being planned on the Right-of-way.
1. City is to reimburse Board, within thirty (30) days for all costs and expenses incurred
by Board (including a 7.2% administrative fee which shall be equal to 7.2% of Board’s actual
expenses) in connection with the planning, design and construction ofthe Rail Trail within the Right-
of-Way.
2. The responsibilities and obligations of the parties are more hlly described in the
Easement for Rail Trail which has been conceptually approved by the City and the Board. At such
time as the Rail Trail has been designed, and approved by the Board, the Easement for Rail Trail will
be executed by the parties.
3. All billings pursuant to this MOU shall be addressed to the City as follows:
Ann: Shem Howard, Assistant Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective officers hereunto duly authorized on the date written below their
signature.
NORT SAN DIEGO COUNTY T SIT DEVELOPMENT BOARD
By:b?TT7 Date: 7- ‘5- O2
Martin C. Minkoff, Execu we rector
Date: JUL 1 7 2002