HomeMy WebLinkAboutOCTA - Orange County Transit Authority - CALTRANS - City of Costa Mesa - City of Newport Beach - 2010-04-19-F Y-1 /0, 5, 10, r tJ
Council/Agency Meeting Held:_
Deferred/Continued to:
-�iApp veq ❑ Conditionally Approved ❑ Denied
E" y Clefs s Signat 're
Council Meeting Date: April 19, 2010
Department ID Number: PW10-025
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approval of Memorandum of Understanding with OCTA for the study
of State Route 55 extension alternatives
Statement of Issue: The Orange County Transportation Authority (OCTA) has requested
formalized participation by the City of Huntington Beach in a study of the potential extension
of State Route 55 south into Costa Mesa with a memorandum of understanding among the
participating agencies.
Funding Source: The provisions of the MOU do not require expenditure of any resources
beyond staff participation in development and review of the study.
Recommended Action: Motion to:
Authorize the City Administrator and the City Clerk to execute Memorandum of
Understanding C-0-1306 by and Between Orange County Transportation Authority and
California Department of Transportation and City of Costa Mesa and City of Newport Beach
and City of Huntington Beach Project Study Report/Project Development Support for State
Route 55 Extension from 19t" Street to Industrial Way.
Alternative Action(s):
Decline formal commitment to participate in the study and review as part of the city's normal
project review process.
Item 5. - Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/19/2010 DEPARTMENT ID NUMBER: PW10-025
Analysis: The City of Costa Mesa has been working with The Orange County
Transportation Authority (OCTA) to identify potential options to address traffic capacity
concerns at the termination of State Route (SR) 55. The Orange County Master Plan of
Arterial Highways (MPAH) has shown a planned extension of the freeway south to Newport
Beach. However, this project has not been pursued and is unlikely to be completed as a
standard freeway project. Preliminary studies have been conducted by Costa Mesa to
identify potential options for addressing current and future traffic issues on the Newport
Boulevard corridor south of the current freeway terminus at 19th Street. The next step in the
process is to complete a more detailed analysis of the alternatives, including traffic impacts
extending outside of the immediate corridor to other area agencies.
Some of the alternatives have the potential to impact transportation on roadways or affect
future roadway plans in the City of Huntington Beach. Most notably, the various alternatives
could affect the future status of the potential Banning Avenue/19th Street bridge over the
Santa Ana River. This connection has been opposed for many years by both Huntington
Beach and Costa Mesa. However, it still remains on the Orange County MPAH since an
alternative has never been accepted by the affected agencies. OCTA has requested that the
City of Huntington Beach participate in the development and review of the technical studies
for the SR 55 Extension alternatives and would like the commitment for participation to be
formalized in an MOU.
The MOU does not require any financial participation in the study by the City. However, a
commitment of staff resources and performance goals are included in the MOU. Staff
involvement likely will be limited to Public Works engineering staff with some potential
involvement by the Department of Planning and Building staff. Staff supports the
participation concept to ensure that concerns to the City of Huntington Beach are adequately
considered and addressed.
Environmental Status: The City is not the lead agency in this effort. Any future
environmental analysis will be processed through the Department of Planning and Building
with the City as a responsible agency.
Strategic Plan Goal: Maintain, Improve and Obtain Funding for Public Improvements
Attachment(s):
1. Memorandum of Understanding C-0-1306 by and Between Orange County
Transportation Authority and California Department of Transportation and City of
Costa Mesa and City of Newport Beach and City of Huntington Beach Project
Study Report/Project Development Support for State Route 55 Extension from 19tn
Street to Industrial Wav
Item 5. - Page 2
ATTACHMENT
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MEMORANDUM OF UNDERSTANDING NO C-0-1306
BY AND BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CALIFORNIA DEPARTMENT OF TRANSPORTATION
AND
CITY OF COSTA MESA
AND
CITY OF NEWPORT BEACH
AND
CITY OF HUNTINGTON BEACH
PROJECT STUDY REPORT/PROJECT DEVELOPMENT SUPPORT FOR STATE ROUTE 55
EXTENSION FROM 19T" STREET TO INDUSTRIAL WAY
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as MOU ) is entered by
and between the Orange County Transportation Authority (hereinafter referred to as AUTHORITY )
the City of Costa Mesa the City of Newport Beach the City of Huntington Beach and California
Department of Transportation (Caltrans) hereinafter referred to as the AGENCIES or AGENCY
WHEREAS AUTHORITY as the County Transportation Commission (CTC) and Regional
Transportation Planning Agency (RTPA) for Orange County is responsible for the development of
projects and strategies that will help relieve traffic congestion and increase mobility within Orange
County
WHEREAS, the AUTHORITY in association with the City of Costa Mesa previously completed
the State Route 55 Access Study that included an assessment of potential transportation improvement
alternatives along and adjacent to the Costa Mesa Freeway (SR-55)/Newport Boulevard Corridor (from
the terminus of SR 55 to Industrial Way) within the City of Costa Mesa
Page 1 of 8
L \Camm\CLERICAL\WORDPROCWGREE\mou01306 doc
MEMORANDUM OF UNDERSTANDING NO C-0-1306
1 WHEREAS, pursuant to Its approved Fiscal Year 2009-2010 budget the AUTHORITY will
2 engage in procurement initiation and development of a Project Study Report/Project Development
3 Support (PSR/PDS) for SR 55/Newport Boulevard from 19th Street to Industrial Way to further refine
4 alternative improvement strategies identified in the SR-55 Access Study for ultimate CALTRANS
5 review and approval
6 WHEREAS, CALTRANS and the Cities of Costa Mesa Newport Beach and Huntington Beach
7 have a shared interest with the AUTHORITY in the further development and refinement of
8 transportation improvement strategies identified for the SR-55/Newport Boulevard Corridor
9 WHEREAS, the PSR/PDS will include refinement of the SR-55 Access Study the
10 AUTHOROITY s Board of Directors (BOD) approved reduced set of alternative strategies —including
11 Alternative 1 - No-Build/Baseline Condition Alternative 3 - Transportation System Management (TSM)
12 Improvements Alternative 5 - Partially grade separated intersections at 19th and 17th Street and
13 Alternative 7 - Cut/Cover tunnel expressway between 19th Street and Industrial Way and
14 WHEREAS, the AUTHORITY and the City of Costa Mesa have entered into a separate
15 Cooperative Agreement (No C-9 0385) for the funding of the SR-55 PSR/PDS which will allow up to
16 $1 000 000 in Regional Surface Transportation (RSTP) funds plus an 11 47% city funded local match
17 to be expended on the PSR/PDS Expenditures for the PRS/PDS will commence upon the
18 AUTHORITY s issuance of a Notice to Proceed (NTP)
19 WHEREAS, AUTHORITY and AGENCIES desire to enter into this MOU to demonstrate their
20 commitment to improving transportation opportunities for Orange county and to develop and implement
21 the SR 55 Expansion PSR/PDS project
22 NOW, THEREFORE, the parties enter into the following Memorandum of Understanding with
23 respect to the matters set forth herein
24 1 The AUTHORITY will manage and facilitate completion of the PSR/PDS (all transportation
25 related) components of the project The City of Costa Mesa based upon BOD direction will manage
26 and facilitate a public outreach and business impact assessment to ascertain the potential community
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L \Camm\CLERICAL\WORDPROC\AGREE\rmou01306 doc
MEMORANDUM OF UNDERSTANDING NO C-0-1306
1 and economic Impacts associated with Implementation of the various Improvement alternatives
2 2 AUTHORITY shall assist in building consensus among the AGENCIES with respect to the
3 required services for the PSR/PDS
4 3 AUTHORITY and AGENCIES agree to work closely together throughout the PSR/PDS process
5 to provide technical input applicable planning/utility data constructive and agency appropriate
6 feedback with respect to all documents products and deliverables developed and associated with the
7 PSR/PDS
8 4 AUTHORITY and AGENCIES agree to review and provide comment on all documents
9 products and deliverables associated with the PSR/PDS within in a timely fashion and agree to abide
10 by the project review timeline as will be established by the project schedule
11 5 The AUTHORITY and AGENCIES agrees to cooperate and coordinate with all other parties
12 their staff contractors consultants vendors in providing the services and responsibilities required
13 under this MOU to the extent practicable with respect to the performance of the PSR/PDS
14 6 The AUTHORITY and AGENCIES agree to work together in good faith using reasonable efforts
15 to resolve any unforeseen issues and disputes arising out of the performance of this MOU
16 7 The AUTHORITY and AGENCIES shall designate a lead person for liaison among the
17 AGENCIES
18 8 Caltrans as the agency with ultimate signature authority agrees to provide sufficient oversight
19 review and input with respect to this work effort including all products documents and deliverables
20 9 The signatories agree in good faith to provide the resources necessary to implement the
21 provisions of the MOU Nothing in this MOU shall be construed however as obligating the signatories
22 to expend funds or for the future payment of money
23 10 AUTHORITY and AGENCIES agree to defend indemnify and hold harmless the other parties
24 their Officers agents elected officials and employees from all liability claims losses and demands
25 including defense costs and reasonable attorneys fees whether resulting from court action or
26 otherwise arising out of the acts or omissions of the defending party its officers agents or employees
Page 3 of 8
L \Camm\CLERICAL\WORDPROC\AGREE\mou01306 doe
MEMORANDUM OF UNDERSTANDING NO C-0-1306
1 in the performance of the MOU When acts or omissions of one party are directed by another party the
2 party directing the acts or omission shall owe this defense and indemnity obligation to the AGNECY
3 following the directions The provisions of this paragraph shall survive termination of this MOU
4 11 This MOU shall be governed by all applicable federal state and local laws The parties
5 warrant that in the performance of this MOU each shall comply with all applicable federal state and
6 local laws statutes and ordinances and all lawful orders rules and regulations promulgated there
7 under
8 12 This MOU may only be modified or amended upon written mutual consent of all parties All
9 modifications amendments changes and revisions of this MOU in whole or part and from time to time
10 shall be binding upon the parties so long as the same shall be in writing and executed by the
11 AGENCIES
12 13 This MOU including all exhibits and documents incorporated herein and made applicable by
13 reference constitutes the complete and exclusive statement of the term(s) and condition(s) of the
14 agreement between the parties and it supersedes all prior representations understandings and
15 communications The invalidity In whole or part of any term or condition of this MOU shall not affect the
16 validity of the other term(s) or condition(s)
17 14 Any Party may withdraw from this MOU upon 30 days written notice to the other
18 15 Each party shall be excused from performing its obligations under this MOU during the time
19 and to the extent that it is prevented from performing by an unforeseeable cause beyond its control
20 including but not limited to any incident of fire flood acts of God commandeering of material
21 produces plants or facilities by federal state or local government national fuel shortage or a material
22 act or omission by any other party when satisfactory evidence of such cause is presented to the other
23 parties and provided further such nonperformance is unforeseeable beyond the control and is not due
24 to the fault or negligence of the party not performing
25 16 Any notice sent by first class mad postage paid to the address and addressee shall be
26 deemed to have been given when in the ordinary course it would be delivered The representatives of
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MEMORANDUM OF UNDERSTANDING NO C-0-1306
the parties who are primarily responsible for the administration of this MOU and to whom notices
demands and communications shall be given are as detailed in Attachment A If there are any changes
in the names and/or addresses listed in Attachment A the party desiring to make such changes shall
give a written notice to the other respective parties within five (5) days of such change
17 This MOU shall continue in full force and effect through June 30 2012 unless terminated
earlier by AUTHORITY The parties may elect to extend the term of this MOU The term of the MOU
may only be extended upon mutual written agreement by all parties
IN WITNESS WHEREOF the parties hereto have caused this MOU No 0-1306 to be executed on
the date first above written
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
Allan Roeder Will Kempton
City Manager Chief Executive Officer
A APPROV AS O
By� By°`
Juli olick t I�nnard R Smart Jr
City Clerk eneral Counsel
APPRbVED S T FORM APP VE
By
Kimberly H II Barlow Kia Mortazavi
City Attorney Development
Page 5 of 8
L \PLANNING\Corndor Studies\SR 55 Access Study Phase IIIMOUTfnal MOU13 1 10 HWY SR 55 PSR PDS Attachment D docx
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MEMORANDUM OF UNDERSTANDING NO C-0 1306
CITY OF
By C
Fre�
Cl/Admi6istrator
ATTEST
BEACH
Joan Flynn
City rk (f
APPR ED AS TO FORM
By
Je nlfer McGrath D►co a 6ko
y Attorney
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L \PLANNING\Corridor Studies\SR 55 Access Study Phase II\MOUTinal MOM 1 10 HWY SR 55 PSR PDS Attachment D docx
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CITY OF NEWPORT BEACH
By
D Kiff
City Manager
ATTEST
1
By MWY\I-
Leilani I Brown
City Clerk
A VED S TO FORM
B
avid Hunt
City Attorney
MEMORANDUM OF UNDERSTANDING NO C-0 1306
lc,
L'iC,P Poi :
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MEMORANDUM OF UNDERSTANDING NO C-0-1306
ATTACHMENT A
ADDRESSES FOR PARITES
1 Orange County Transportation Authority
550 S Main Street
P O Box 14184
Orange CA 92863-1584
Attention Sarah L Strader Senior Contract Administrator
714-560-5633 e-mail sstrade octa net
2 California Department of Tr ortation — District 12
3337 Michelson Driv
Suite CN-380
Irvine C 612
Att on Cindy Quon Director District 12
949-724-2000
3 City of Costa Mesa
77 Fair Drive
Costa Mesa CA 92626
Attention Julie Folick City Clerk
714-754-5225
4 City of Newport Beach
3000 Newport Blvd
Newport Beach CA 92663
Attention Leilani I Brown City Clerk
949-644-3005
5 City of Huntington Beach
2000 Main St
Huntington Beach CA 92648
Attention Joan L Flynn City Clerk
717-536-5556
0
BOARD OF DIRECTORS
Jerry Amante
Chairman
Patricia Bates
Vice Chairman
Art Brown
Director
Peter Buffa
Director
Bill Campbell
Director
Carolyn V Cavecche
Director
William J Dalton
Director
Richard Dixon
Director
Paul G Glaab
Director
Don Hansen
Director
Allan Mansoor
Director
John Moorlach
Director
Shawn Nelson
DirectorO
Janet
Curt Pring &,'
Director
Miguel Pulido
Director
Gregory T Winterbottom
Director
Cindy Quon
Governors
Ex OfBcio Member
CHIEF EXECUTIVE CFFICE
Will Kempton
Chief Executive Officer
August 10 2010
Ms Joan L Flynn
City Clerk
City of Huntington Beach
2000 Main St
Huntington Beach, CA 92648
SUBJECT OCTA'S MEMORANDUM OF UNDERSTANDING NO C-0-1306
Dear Ms Flynn
Enclosed please find one original of the above referenced subject for your
records
Should you have any contractual related questions please feel free to contact
Sarah Strader at (714) 560-5633 or by e-mail at sstrader@octa net
Sincerely
�h� JXXZ-41-
Julie Smith
Office Specialist
Contract Administration and Materials Management
Enclosure(s)
Orange County Transportation Authority
550 South Main Street / PO Box 14184 / Orange / California 92863 1584 / (714) 560 OCTA (6282)
City ®f Huntington Beach
2000 Main Street - Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
CITY CLERK
May 11, 2010
Orange County Transportation Authority
550 S. Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attn: Sarah L. Strader, Senior Contract Administrator
Dear Sarah:
Enclosed please find the original Memorandum of Understanding No. C-0-1306 by and
between Orange County Transportation Authority and California Department of
Transportation and City of Costa Mesa and City of Newport Beach and the City of
Huntington Beach, for project study report/project development support for State Route
55 extension from 19th Street to Industrial Way.
Upon execution, please return a copy to:
Joan Flynn
City Clerk
2000 Main Street — 2r'd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
JF:pe
G:followup:agnntltr
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