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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />FEBRUARY 7, 2017 <br />TITLE: <br />COOPERATIVE AGREEMENT WITH <br />THE ORANGE COUNTY <br />TRANSPORTATION AUTHORITY <br />FOR THE USE OF RIGHT OF WAY <br />FOR THE OC STREETCAR <br />PROJECT (NON- GENERAL FUND) <br />(STRATEGIC PLAN NOS. 3,2C, 413; 6, 1G) <br />155 11M <br />R� <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on I" Reading <br />❑ Ordinance on 2"' Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with <br />the Orange County Transportation Authority for the term beginning on the effective date of this <br />agreement for a period of 50 years, subject to nonsubstantive changes approved by the City <br />Manager and City Attorney. <br />DISCUSSION <br />On July 7, 2015, a Memorandum of Understanding (MOU) was approved by City Council with the <br />Orange County Transportation Authority (OCTA) for implementation of the OC Streetcar Project <br />(Project). The MOU outlines the general roles and responsibilities for the development, <br />implementation, operations, and maintenance phases of the Project between the City of Santa <br />Ana and OCTA. The MOU was subsequently approved by the OCTA Board of Directors on July <br />13, 2015. On March 15, 2016, a Design Cooperative Agreement with OCTA was approved by <br />City Council for design of the OC Streetcar Project. <br />The Federal Transit Administration requires grantees to have "continuing control" on property <br />where federal funds have been invested through the implementation of a transit project. The <br />recommended agreement provides the requisite continuing control for OCTA to construct, <br />operate, and maintain the Project in the City's public right of way. The intent of the agreement is <br />to define the limits of use and each agency's roles, responsibilities, and commitments as they <br />relate to OCTA's facilities in the public right of way. The public right of way includes the City's <br />streets and other improvements owned or controlled by the City. <br />25F -1 <br />