HomeMy WebLinkAbout02 - CC-5 - Approve Cooperative Agreement C-9-0385 - 3/16/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 16, 2010
ITEM NUMBER:
SUBJECT: APPROVE COOPERATIVE AGREEMENT C-9-0385 AND MEMORANDUM OF
UNDERSTANDING C-0-1306 FOR THE NEXT PHASE OF SR -55 ACCESS STUDY
DATE: MARCH 4, 2010
FROM: PUBLIC SERVICES DEPARTMENT - TRANSPORTATION SERVICES DIVISION
PRESENTATION PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
BY:
FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES
MANAGER - (714) 754-5032
RECOMMENDATIONS:
1. Approve Cooperative Agreement C-9-0385 (Attachment 1) between Orange County
Transportation Authority (OCTA) and City of Costa Mesa for the SR -55 Access Study.
2. Approve Memorandum of Understanding C-0-1306 (Attachment 2) between OCTA, State of
California Department of Transportation (Caltrans), and Cities of Costa Mesa, Newport
Beach, and Huntington Beach.
3. Authorize the City Manager and the City Attorney to accept minor revisions to both the
Cooperative Agreement and Memorandum of Understanding based on discussions with
OCTA, Caltrans, and other cities involved.
4. Authorize the City Manager and the City Clerk to execute the Cooperative Agreement and
Memorandum of Understanding.
BACKGROUND:
Costa Mesa Freeway (SR -55) currently terminates at 19th Street and continues south through
Downtown Costa Mesa as Newport Boulevard. This major arterial, under the jurisdiction of
State of California Department of Transportation (Caltrans), carries over 100,000 vehicles per
day at the SR -55 Freeway terminus at 19th Street. The result is severe congestion at several
intersections within the downtown area, and the conditions are exasperated during summer
months due to beach traffic. Other related impacts include pedestrian accessibility issues,
business access, and cut -through traffic within the adjacent east side residential streets.
Caltrans Route Concept Report currently designates SR -55 Freeway to extend south to
Industrial Way in an easterly alignment with significant impacts to homes and businesses in
Costa Mesa. In order to determine other alternatives to the extension of the SR -55 Freeway,
OCTA, in cooperation with the City of Costa Mesa and participation by Caltrans, and other
agencies initiated the SR -55 Access Study in May 2007. Based on the findings by the
consultant team, and input from Technical Advisory Committee (TAC), Policy Advisory
Committee (PAC) and the public, seven project alternatives were developed. These
alternatives are described and depicted in Attachment 3.
At the October 7, 2008, regular City Council meeting, all alternatives in Attachment 3 were
considered, and the following four alternatives were recommended for further study:
• Alternative 1 — No Build/Baseline
• Alternative 3 — Transportation System Management
• Alternative 5 — Vertical Terminal Enhancement
• Alternative 7 — Cut and Cover Under Newport Boulevard
OCTA Board of Directors also approved a similar recommendation on October 27, 2008.
Attachment 4 includes the SR -55 Access Study Executive Summary.
In July 2009, the Cities of Costa Mesa, Newport Beach and Huntington Beach, send a joint
letter to OCTA requesting that the next phase of the study be initiated under the leadership of
OCTA using the cooperative study process involving all parties. OCTA concurred with the
Cities' request and in conjunction with City of Costa Mesa and Caltrans staff developed scope
of work for the next phase of the study.
ANALYSIS:
The next phase of SR -55 Access Study is the preparation of Project Study Report/Project
Development Support (PSR/PDS). This document will be used to further analyze and refine the
project alternatives, estimate project scope, schedule, and costs. While the PSR/PDS will be
managed by OCTA, the extensive public outreach and business impact analysis will be led by
the City of Costa Mesa. The funding for PSR/PDS will be primarily from the federal Regional
Surface Transportation Program (RSTP) grant and OCTA's Growth Management Area (GMA)
program. A total of $1,000,000 will be available from the RSTP grant and $100,000 is
programmed with GMA funds. Approximately $50,000 of the City's share will be allocated from
funds budgeted for the SR -55 Downgrade Study.
In order to guide the project management efforts as well as to specify funding responsibilities,
OCTA and City of Costa Mesa will have to enter into a Cooperative Agreement. The attached
Cooperative Agreement C-9-0385 was prepared by OCTA and was reviewed by City of Costa
Mesa staff.
In addition to the above Cooperative Agreement, OCTA also prepared a Memorandum of
Understanding (MOU) that includes OCTA, Caltrans, and the Cities of Costa Mesa, Huntington
Beach and Newport Beach. The MOU identifies more specific agency roles and responsibilities
for completing the proposed study.
The City Attorney and staff have reviewed the Cooperative Agreement and MOU and approved
them as to form. As these agreements have to be reviewed and approved by several agencies,
staff requests City Council approval of them with further authority provided to the City Manager
and City Attorney to accept minor revisions. Staff anticipates any further revisions to be minor
and technical in nature. In addition, staff requests that the City Council authorize the City
Manager and City Clerk to execute the final agreements.
ALTERNATIVES CONSIDERED:
One alternative would be to not approve the Cooperative Agreements and MOU. However, this
alternative will result in cancellation of the next phase of the SR -55 Access Study.
FISCAL REVIEW:
The next phase of the SR -55 Access Study, Project Study Report/Project Development Support,
will be funded primarily from federal Regional Surface Transportation Program (RSTP) in the
amount of $1,000,000 and OCTA Growth Management Area (GMA) grant of $100,000. The City of
Costa Mesa is required to fund up to $50,000 from the budgeted SR -55 Downgrade Study project.
LEGAL REVIEW:
F
The City Attorney's office has reviewed and approved the attached Cooperative Agreement and
MOU as to form.
CONCLUSION:
In October 2008, OCTA and City of Costa Mesa completed the SR -55 Access Study that
recommended four alternatives for further consideration in the next phase of the study. This
phase is called Project Study Report/Project Development Support (PSR/PDS), and it further
analyzes the alternatives as well as develops cost estimates and a schedule for future activities.
OCTA will lead the PSR/PDS stage with support from Caltrans, Costa Mesa and other
agencies. In order to conduct this study, the attached Cooperative Agreement between OCTA
and City of Costa Mesa and the attached MOU between OCTA, Caltrans, and Cities of Costa
Mesa, Huntington Beach and Newport Beach needs to be approved. Staff requests City
Council approval of the agreements and authorize City Manager and City Clerk to execute the
final agreements. Staff also requests City Council authorization for City Manager and City
Attorney to accept minor revisions to the agreement prior to finalizing.
RAJA SETHURAMAN PETER NAGHAVI, Director
Transportation Services Manager Department of Public Services
ATTACHMENTS: 1 - Cooperative Agreement C-9-0385
2- Memorandum of Understanding C-0-1306
3- SR -55 Access Study - Alternatives 1 through 7
4- SR -55 Access Study — Executive Summary
DISTRIBUTION: City Manager
Assistant City Manager
City Attorney
City Clerk
Development Services Director
Director of Public Services
3-16-10 SR -55 Access Study Report 3/2/10 9:30 a.m.
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Attachment 1
COOPERATIVE AGREEMENT NO. C-9-0385
BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COSTA MESA
FOR
(STATE ROUTE 55) /NEWPORT BOULEVARD PROJECT STUDY REPORT/
PROJECT DEVELOPMENT SUPPORT
THIS COOPERATIVE AGREEMENT is effective this day of
2010, by and between the Orange County Transportation Authority, 550
South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the
State of California (hereinafter referred to as "AUTHORITY"), and the City of Costa Mesa, 77 Fair
Drive, Costa Mesa, CA 92626, a municipal corporation duly organized and existing under the
constitution and laws of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to conduct
a Project Study Report/Project Development Support ("STUDY") to refine the alternatives developed
during the Costa Mesa Freeway (State Route 55) Access Study, and to initiate more detailed
analyses for improvements on State Route 55 south of 19`h Street to Industrial Way in Costa Mesa;
and
WHEREAS, AUTHORITY agrees to act as lead agency for management, administration,
coordination, and oversight of said STUDY; and
WHEREAS, AUTHORITY agrees to provide Regional Surface Transportation Program
("RSTP") funds in an amount not -to -exceed $1,000,000 for STUDY; and
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AGREEMENT NO. C-9-0385
WHEREAS, CITY agrees to provide local match funds to AUTHORITY in the amount of
11.47 percent of the total cost to prepare STUDY, in an amount not -to -exceed $129,600; and
WHEREAS, AUTHORITY's Board of Directors (Board) directed that the impacts of STUDY
proposed transportation alternatives on local businesses and commercial properties be evaluated by
CITY, with AUTHORITY input, in a Business Impact Assessment ("BIA"); and
WHEREAS, AUTHORITY and CITY desire to herein specify their respective roles and
responsibilities for completion of STUDY, and
WHEREAS, AUTHORITY's Board of Directors approved this Agreement on
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitute the complete and exclusive statement of the term(s) and
condition(s) of this Agreement between AUTHORITY and CITY and supersedes all prior
representations, understandings and communications. The invalidity in whole or part of any term or
condition of this Agreement shall not affect the validity of other terms and conditions of this
Agreement. The above -referenced Recitals are true and correct and are incorporated by reference
herein.
B. AUTHORITY'S failure to insist on any instances of CITY's performance of any terms
or conditions of this Agreement shall not be construed as a waiver or relinquishment of
AUTHORITY's right to such performance or to future performance of such terms or conditions, and
CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of
this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing
by an authorized representative of AUTHORITY by way of a written amendment to this Agreement
and issued in accordance with the provisions of this Agreement.
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AGREEMENT NO. C-9-0385
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
funding and completion of STUDY. Both AUTHORITY and CITY agree that each will cooperate and
coordinate with the other in all activities covered by this Agreement and any other supplemental
agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following additional responsibilities for the STUDY:
A. To program one million dollars ($1,000,000.00) and administer Regional Surface
Transportation Program (RSTP) funding for STUDY.
B. To act as lead agency for management, administration, coordination, and oversight of
STUDY.
C. To delegate Task Lead status and responsibility for project management, with
respect to all STUDY related public outreach activities to CITY, subject to AUTHORITY'S ultimate
oversight, review, and approval.
D. To delegate Task Lead status and responsibility for project management, with respect
to development of BIA to CITY, subject to AUTHORITY'S ultimate oversight, review, and approval.
E. On the tasks delegated to the CITY, AUTHORITY will cooperate in providing required
information for the conduct of BIA analysis including traffic volume projections and constructability
concept reviews for all alternatives at a level of detail commensurate with the STUDY.
F. To work with CITY, the California Department of Transportation (Caltrans), the Cities
of Newport Beach and Huntington Beach to develop a separate Memorandum of Understanding that
identifies agency roles and responsibilities for completing STUDY.
G. To obtain RSTP funding through Caltrans' E-76 process, authorization to proceed, for
this phase of STUDY.
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AGREEMENT NO. C-9-0385
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for the STUDY:
A. To provide local match funds to AUTHORITY in the amount of 11.47 percent of total
cost to prepare STUDY, in an amount not -to -exceed $129,600.
B. To review all consultant deliverables and related documents and provide appropriate
comments within ten (10) working days.
C. To accept designation of Task Lead status and responsibility for project management,
with respect to all STUDY related public outreach activities, subject to AUTHORITY'S ultimate
oversight, review, and approval.
D. To accept designation of Task Lead status and responsibility for project management,
with respect to development of BIA, subject to AUTHORITY'S ultimate oversight, review, and
approval.
E. CITY agrees that for tasks where it is accepting Task Lead status, that it will
incorporate and respond to AUTHORITY comments, input, direction, and comments, within a timely
manner.
F. To provide existing as -built plans, utility plans, documents, accident data, traffic data,
and other information pertinent to STUDY, BIA, and Public Outreach Activities, at no cost, to STUDY
consultant team.
G. CITY agrees that because federal RSTP dollars are being utilized to fund this
STUDY, that in the subsequent environmental phase of study, completion of a National
Environmental Policy Act environmental document will be pursued within 10 a year time.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to its City Manager or his designee and the actions required to be taken by AUTHORITY
in the implementation of this Agreement are delegated to its Chief Executive Officer.
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AGREEMENT NO. C-9-0385
ARTICLE 6. INDEMNIFICATION
A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
employees and agents from and against any and all claims (including attorney's fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
worker's compensation subrogation claims, damage to or loss of use of property alleged to be
caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors,
employees or agents in connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
employees and agents from and against any and all claims (including attorney's fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
worker's compensation subrogation claims, damage to or loss of use of property alleged to be
caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors,
employees or agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
ARTICLE 7. IT IS MUTALLY UNDERSTOOD AND AGREED:
All parties agree to the following mutual responsibilities:
A. This Agreement shall continue in full force and effect through June 30, 2012, unless
terminated earlier by mutual written consent by both Parties. The term of this Agreement may only
be extended upon mutual written agreement by both Parties.
Parties.
B. This Agreement shall not be terminated without mutual written consent of both
C. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
D. The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said Parties and that, by so
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AGREEMENT NO. C-9-0385
executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
E. All notices, hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by
depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows::
To CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Attention: Julie Folcik
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Sarah L. Strader,
City Clerk Senior Contract Administrator
714-754-5225 (714/560-5633) sstrader(@octa.net
F. The headings of all sections of this Agreement are inserted solely for the convenience
of reference and are not part of and not intended to govern, limit, or aid in the construction or
interpretation of any terms or provisions thereof.
G. If any term, provision, covenant, or condition of this Agreement is held to be invalid,
void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder
to this Agreement shall be valid and enforceable to the fullest extent permitted by law.
H. This Agreement may be executed and delivered in any number of counterparts, each
of which, when executed and delivered shall be deemed an original and all of which together shall
constitute the same agreement. Facsimile signatures will be permitted.
G. Force Majeure- Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
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AGREEMENT NO. C-9-0385
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
H. Assignment- Neither this Agreement, nor any of the Parties rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
I. Obligations To Comply with Law- Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
terms, in amounts, or for purposes other than as authorized by local, state or federal law.
J. Governing Law- The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
K. Litigation fees- Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney's fees, to the prevailing party.
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AGREEMENT NO. C-9-0385
This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-0385 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
ATTEST:
By:
Julie Folick
City Clerk
APPROVED AS TO FORM:
Bv:
Kimberly Hall Barlow
City Attorney
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL:
Bv:
Kia Mortazavi, Executive Director
Development
Dated:
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Attachment 2
1 MEMORANDUM OF UNDERSTANDING NO. C-0-1306
2 BY AND BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CALIFORNIA DEPARTMENT OF TRANSPORTATION
6 AND
7 CITY OF COSTA MESA
8 AND
9 CITY OF NEWPORT BEACH
10 AND
11 CITY OF HUNTINGTON BEACH
12 PROJECT STUDY REPORT/PROJECT DEVELOPMENT SUPPORT FOR STATE ROUTE 55
13 EXTENSION FROM 19TH STREET TO INDUSTRIAL WAY
14 THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as WOU") is entered by
15 and between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY'),
16 the City of Costa Mesa, the City of Newport Beach, the City of Huntington Beach, and California
17 Department of Transportation, (Caltrans) hereinafter referred to as the "AGENCIES" or "AGENCY'.
18 WHEREAS, AUTHORITY a s the County Transportation Commission (CTC) and Regional
19 Transportation Planning Agency (RTPA) for Orange County is responsible for the development of
20 projects and strategies that will help relieve traffic congestion and increase mobility within Orange
21 County;
22 WHEREAS, the AUTHORITY in association with the City of Costa Mesa previously completed
23 the State Route 55 Access Study that included an assessment of potential transportation improvement
24 alternatives, along and adjacent to the Costa Mesa Freeway (SR-55)/Newport Boulevard Corridor (from
25 the terminus of SR- 55 to Industrial Way), within the City of Costa Mesa;
26
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MEMORANDUM OF UNDERSTANDING NO. C-0-1306
WHEREAS, pursuant to its approved Fiscal Year 2009-2010 budget, the AUTHORITY will
engage in procurement, initiation, and development of a Project Study Report/Project Development
Support (PSR/PDS) for SR-55/Newport Boulevard from 19th Street to Industrial Way, to further refine
alternative improvement strategies identified in the SR -55 Access Study for ultimate CALTRANS
review and approval;
WHEREAS, CALTRANS and the Cities of Costa Mesa, Newport Beach, and Huntington Beach
have a shared interest with the AUTHORITY in the further development and refinement of
transportation improvement strategies identified for the SR-55/Newport Boulevard Corridor;
WHEREAS, the PSR/PDS will include refinement of the SR -55 Access Study, the
AUTHORITY's Board of Directors (BOD) approved reduced set of alternative strategies—including
Alternative 1 - No-Build/Baseline Condition; Alternative 3 - Transportation System Management (TSM)
Improvements; Alternative 5 - Partially grade separated intersections at 19th and 17th Street; and
Alternative 7 - Cut/Cover tunnel expressway between 19th Street and Industrial Way; and.
WHEREAS, the AUTHORITY and the City of Costa Mesa have entered into a separate
Cooperative Agreement (No. C-9-0385) for the funding of the SR -55 PSR/PDS which will allow up to
$1,000,000 in Regional Surface Transportation (RSTP) funds, plus an 11.47% city funded local match
to be expended on the PSR/PDS. Expenditures for the PSR/PDS will commence upon the
AUTHORITY's issuance of a Notice to Proceed (NTP).
WHEREAS, AUTHORITY and AGENCIES desire to enter into this MOU to demonstrate their
commitment to improving transportation opportunities for Orange County and to develop and implement
the SR -55 Expansion PSR/PDS project.
NOW, THEREFORE, the parties enter into the following Memorandum of Understanding with
respect to the matters set forth herein:
1. The AUTHORITY will manage and facilitate completion of the PSR/PDS (all transportation
related) components of the project. The City of Costa Mesa, based upon BOD direction, will manage
and facilitate a public outreach and business impact assessment to ascertain the potential community
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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,
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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 mail, 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
Page 4 of 8
P:\OCTAWII OCTA\DEVELOPMENT\2010 Board Reports\3-8-10\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx
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
ATTEST:
By
Julie Folick
City Clerk
APPROVED S TO FORM:
By
Kimberly Hall Barlow
City Attorney
APPROVED AS TO FORM:
By
Kennard R. Smart, Jr.
General Counsel
APPROVED:
By
Kia Mortazavi, Executive Director
Development
Page 5 of 8
P:\OCTAWII OCTA\DEVELOPMENT\2010 Board Reports\3-8-10\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx
MEMORANDUM OF UNDERSTANDING NO. C-0-1306
CALIFORNIA DEPARTMENT OF TRANSPORTATION
By
Cindy Quon
District 12, District Director
APPROVED AS TO FORM:
By
Glenn Mueller
General Counsel
Page 6 of 8
P:\OCTA\AII OCTA\DEVELOPMENT\2010 Board Reports\3-8-10\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx
MEMORANDUM OF UNDERSTANDING NO. C-0-1306
CITY OF HUNTINGTON BEACH
By
Fred Wilson
City Administrator
ATTEST:
By
Joan L. Flynn
City Clerk
APPROVED AS TO FORM:
By
Jennifer McGrath
City Attorney
Page 7 of 8
P:\OCTAWII OCTA\DEVELOPMENT\2010 Board Reports\3-8-10\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx
MEMORANDUM OF UNDERSTANDING NO. C-0-1306
CITY OF NEWPORT BEACH
By
Dave Kiff
City Manager
ATTEST:
By
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
By
David Hunt
City Attorney
Page 8 of 8
P:\OCTA\All OCTA\DEVELOPMENT\2010 Board Reports\3-8-10\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx
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LSA ASSOCIATES, INC.
SEPTEMBER 2008
Attachment 4
INITIAL SCREENING REPORT
SR -55 ACCESS STUDY
SR -55 ACCESS STUDY INITIAL SCREENING REPORT
EXECUTIVE SUMMARY
The State Route 55 (SR -55) Access Study Initial Screening Report is a cooperative effort among the
Cities of Costa Mesa and Newport Beach, the California Department of Transportation (Caltrans),
and the Orange County Transportation Authority (OCTA) to identify potential alternatives to address
mobility and congestion issues within the project area of SR-55/Newport Boulevard. The objective of
this process is to identify between two and four circulation alternatives that provide improved
mobility, reduced congestion, and limited environmental/community impacts within the corridor and
around the general region.
The focus of this report is the SR-55/Newport Boulevard corridor between 19th Street and Industrial
Way. SR -55 carries more than 100,000 average daily trips (ADT) at 19th Street. SR -55 south of
19th Street and north of 17th Street carries more than 87,000 ADT. South of 17th Street to
Pacific Coast Highway, Newport Boulevard carries approximately 55,000 ADT. Analysis of
circulation effects (i.e., intersection operations and level of service [LOS]) also extends to a broader
study area that includes Victoria Street/22nd Street to the north, Dover Drive to the east, Pacific Coast
Highway to the south, and the Santa Ana River to the west.
Traffic forecasting was conducted by OCTA staff within the overall study area and along the corridor
using the latest version of the Orange County Traffic Analysis Model (OCTAM).
A Purpose and Need statement was created to provide a comprehensive and specific description of
why a project should be pursued and the issues to be addressed in that pursuit. The Purpose and Need
for the report is based on initial community input from stakeholders in the Cities of Costa Mesa and
Newport Beach (including residents and business owners), additional technical recommendations
from the engineering staffs at the City of Costa Mesa, City of Newport Beach, Caltrans, and OCTA,
and policy insights from city council members and members of the Orange County Board of
Supervisors.
Based on the stated goals and objectives of the Purpose and Need statement and input from
stakeholders, evaluation criteria were developed to identify the potential benefits and impacts of
alternative strategies for the SR -55 project. The set of generalized goals are as follows:
1. System Linkage. The alternative provides a vehicular linkage to the regional and local
transportation system.
2. Capacity and Transportation Demand. The alternative results in study area and Newport
Boulevard -corridor arterial, intersection and freeway operations that meet municipal/agency
standards or are no worse than baseline operations.
3. Legislation/Compatibility with Plans. The alternative provides a solution that is compatible
with the Caltrans State Route Concept Report, County Master Plan of Arterial Highways, and
Costa Mesa and Newport Beach General Plans.
PAOCT0701\exec_summary.doc «09/19/08»
LSA ASSOCIATES, INC. INITIAL SCREENING REPORT
SEPTEMBER 2008 SR -55 ACCESS STUDY
4. Social Demands/Economic Development. The alternative will not create significant
neighborhood and business impacts and will reduce these issues as they currently exist. The
alternative will have economic, social and aesthetic benefits to the area.
5. Modal Interrelationships. The alternative does not preclude current or planned fixed -route
OCTA bus service or future Bus Rapid Transit (BRT) service within the Newport Boulevard
corridor.
6. Project Enhancements/Safety/Roadway Deficiencies. The alternative meets all applicable
Caltrans, County, and municipal design standards to address vehicular and pedestrian safety.
7. Implementation. The alternative does not exhibit major impediments to secure necessary agency
approvals or funding, or require unanticipated right-of-way (ROW) to implement.
A public outreach program was implemented to share information, increase awareness, and gather
input from key stakeholders and local community members. The project team communicated with
the public through open houses, workshops, online surveys, direct mailers and e-mail announcements.
The public feedback generated from the outreach program was combined with technical analysis to
develop the following seven transportation alternatives to address the Purpose and Need of the SR -55
Access Study.
• Alternative 1— No Build/Baseline: Implements the City of Costa Mesa's planned improvements
along the Newport Boulevard corridor while maintaining the existing SR-55/Newport Boulevard
arterial configuration.
• Alternative 2 — Current Freeway Plan: A depressed six -lane freeway section in an easterly
alignment per the existing freeway agreement.
• Alternative 3 — Transportation System Management (TSM): Includes an additional
southbound lane to maintain four northbound and southbound lanes on Newport Boulevard as a
conventional highway from 19th Street to 17th Street.
• Alternative 4 — Improved Conventional Highway (Newport Boulevard Only): Intended to
demonstrate the extent of improvements should a conventional highway solution be pursued.
• Alternative 5 — Vertical Terminal Enhancement: Provides an incremental approach of
improving the corridor's traffic flow by first addressing the terminals (i.e., 19th Street,
17th Street and Superior Avenue) in order to improve congestion within the corridor.
• Alternative 6 — Freeway Elevated over Newport Boulevard: Construction of an overhead
viaduct above Newport Boulevard from 19th Street to Industrial Way.
• Alternative 7 — Cut/Cover Freeway along Newport Boulevard: Construction of an entirely
new structure below Newport Boulevard providing a four -lane controlled access freeway under
Newport Boulevard from 19th Street to Industrial Way and an interchange at 19th Street.
Alternative 4 was removed from further consideration as it is simply a demonstration of the
conventional capital needs to satisfy future travel demand. The seven alternatives were then subject to
further input from the public and were refined accordingly. Each alternative was then screened to rule
out those concepts and strategies that would not advance the project Purpose and Need, and to
identify those concepts and strategies that achieve the greatest concurrence with the Purpose and
Need, and warrant more detailed engineering and environmental analysis.
PAOCT0701\exec_summary.doc «09/19/08» 2
LSA ASSOCIATES, INC.
SEPTEMBER 2008
INITIAL SCREENING REPORT
SR -55 ACCESS STUDY
Based on the full or significant achievement of the evaluation criteria and Purpose and Need, the
following alternatives are recommended for further analysis and consideration in subsequent, more
detailed studies:
Alternative 1 — No Build/Baseline Condition
Alternative 5 — Vertical Terminal Enhancement
Alternative 7 — Cut/Cover Freeway along Newport Boulevard
These alternatives may be considered as individual improvement projects or in combination with
elements of other alternatives to maximize congestion relief while minimizing community intrusion
and impacts. The TSM alternative has not been screened out. Instead, it is recommended that the
affected agencies consider the strategies and components of the TSM alternative to provide
short-range congestion relief.
PAOCT0701\exec_summary.doc «09/19/08»