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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 5, 2017 <br />TITLE: <br />AMENDMENT TO OC STREETCAR USE <br />OF RIGHT OF WAY COOPERATIVE <br />AGREEMENT (PROJECT 17-6766) <br />(NON -GENERAL FUND) <br />(STRATEGIC PLAN NOS. 3, 2C, 4B; 6, 1G) <br />r <br />ClMANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1s' Reading <br />❑ Ordinance on 2ntl 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 first amendment to the Use of <br />Right of Way Cooperative Agreement with the Orange County Transportation Authority to <br />facilitate the operation of the OC Streetcar Project in City right of way, subject to nonsubstantive <br />changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />On February 7, 2017, City Council approved a Use of Right of Way Cooperative Agreement with <br />the Orange County Transportation Authority (OCTA) for the OC Streetcar Project. The agreement <br />defines 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 Cooperative Agreement was <br />subsequently executed by OCTA on March 13, 2017 (Exhibit 1). <br />The Federal Transit Administration (FTA), the primary funding agency, expressed concerns about <br />language in the right of way cooperative agreement between the City of Santa Ana and OCTA <br />regarding the disposition of streetcar system property, specifically with the language in Exhibit B, <br />Section 9.0, DUTY TO RESTORE. The concern was that the language gave the City the option <br />to require OCTA to keep in place streetcar improvements at no cost to the City, should OCTA <br />wish to discontinue service, and that this language did not comply with the disposition <br />requirements for federally assisted property. <br />This first amendment to the Use of Right of Way Cooperative Agreement modifies "Exhibit B, Use <br />of City Right of Way." Section 9.0 of the amended Exhibit B includes new language stipulating <br />that, once the agreement has expired or terminated, the City shall have the option to leave any <br />federally assisted property in place, provided that the City purchase the property in accordance <br />with applicable law and FTA grant requirements. The amendment does not impact the City's <br />right to have OCTA remove OC Streetcar infrastructure and restore the property and the <br />25Q-1 <br />