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Agreements with OCTA for Railroad <br />Grade Crossing Safety Enhancements <br />October 20, 2008 <br />Page 2 <br />construction process, implementation of the Quiet Zone and maintenance <br />agreements of all newly installed equipment and devices. The City's <br />share of the yearly maintenance cost will not begin before the FY 2010- <br />2011. <br />Both agreements require the City to defend and indemnify OCTA and SCRRA <br />for any liability related to some of the improvements being constructed, <br />as well as any City negligence related to future designation of quiet <br />zones. The City Attorney's Office has expressed reservations regarding <br />the scope of such obligations as proposed by the agencies. The City <br />Attorney is continuing to work with the OCTA, SCRRA on specific language. <br />ENVIRONMENTAL IMPACT <br />A Notice of Exemption and Categorical Exemption - Class 1 (f) Safety <br />Protection Devices (ER # 2008-159) has been prepared for the project and <br />is consistent with both of these agreements. <br />FISCAL IMPACT <br />Funds in the amount of $968,000 for the City's share of the design and <br />construction costs are available in select street construction, Measure M <br />Street Construction, and Area Fee activities (account nos. 59-551-6631, <br />32-551-6631, 33-631-6631, 43-631-6631, 48-631-6631, and 49-631-6631, <br />Project 09-1745C) The balance of the City's share, approximately <br />$1,132,000, will be budgeted in FY 2009-2010 CIP. Funds for the City's <br />share of the yearly maintenance cost will be provided beginning FY 2010- <br />2011(account no. 29-621-6271). <br />APPROVED AS TO FUNDS AND ACCOUNTS: <br />Ja es G. Ross Francisco Gutierrez <br />E ecutive Director Executive Director <br />ublic Works Agency Finance & Mgmt. Services Agency <br />25B-2 <br />