HomeMy WebLinkAbout16 MOA TRANS CORR 05-04-98AGENDA
DATE:
MAY 4, 1998
NO. 16
- 5-4-98
Inter-Gom
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT
MEMORANDUM OF AGREEMENT WITH THE
CORRIDOR AGENCIES AND THE CITY OF IRVINE
TRANSPORTATION
SUMMARY
The proposed Memorandum of Agreement provides for the Transportation Corridor Agencies to construct
two additional through lanes on Jamboree Road between Moffett Drive and Barranca Parkway, and provide
$2,800,000 for the design and construction of future improvements within the Cities of Tustin and Irvine.
In exchange, the Cities of Tustin and Irvine will sponsor a revision to existing Transportation Corridor
Agency (TCA) Board of Directors Resolution 92F-06 to eliminate the requirement for TCA participation in
the design, environmental, and fair share construction funding of a full interchange at Jamboree Road and
Barranca Parkway. Additionally, the Cities will sponsor a revision to TCA Board of Directors Resolution
92F-09 to allow the opening of the West Leg of the Eastern Transportation Corridor (ETC) prior to
completion of the fly-over portion of the Jamboree/Edingerinterchange. Prior to opening of the West Leg,
Jamboree Road would be constructed to provide three through lanes in each direction and a contingency
plan addressing potential congestion relief measures would be finalized,
RECOMMENDATION
It is recommended that the City Council:
lo·
Approve the 1998 ETC West Leg Memorandum of Agreement (MOA) and authorize the
Mayor and City Manager to execute the Agreement.
.
ApprOve TCA Board of Directors Resolution 92F-06 and 92F-09 as amended and direct the
City Clerk to forward the minute action to the TCA Board of Directors.
FISCAL IMPACT
This action eliminates the City's responsibility of up to $1,500,000 to participate in the construction
funding of the widening of Jamboree Road to 8 lanes from Moffett Drive to Barranca Parkway and
provides $2,000,000 for the design and c0nstmction of the ultimate intersection at Jamboree Road and
Barranca Parkway along with future noise mitigation measures adjacent to the base. The agreement
relieves TCA of the current obligation to participate in any furore interchange at the intersection of
Jamboree Road and Barranca Parkway. Based on current traffic studies the City of Tustin's financial
participation in the construction of an interchange would be minimal.
BACKGROUND
On May 14, 1992, the Foothill/Eastern Transportation Corridor Agency Board of Directors adopted
resolutions for approval of the ETC. ResolutionNo. 92F-06 approved the West Leg of the ETC and
Resolution No. 92F-09 adOpted a policy regarding construction of the ETC. Since the adoption of the
Resolutions, the TCA along with the Cities of Tustin and Irvine has been working toward meeting the
Memorandum o Agreement with the Transportation Corridor Agencies and the City of Irvine
May 4, 1998
Page 2
terms and conditions specifically described in the resolutions. The. conditions required that the TCA design
and environmentally clear the grade separated interchange at Jamboree/Edinger, Jamboree Road widening
through the Tustin Marine Base, and an ultimate interchange at Jamboree/Barranca.
The resolutions also required that the three agencies determine the parties responsible for right-of-way
requirements, and enter into an MOU regarding fair-share funding for the construction of the previously
mentioned improvements. A fair-share funding agreement was executed for the Jamboree/Edinger
interchange and completion of conStruction is anticipated by mid 1999.
TCA also prepared annual traffic studies as required by the resolutions to identify the timing of the
construction of the Jamboree Road Widening and the Barranca interchange. The traffic studies determined
the need to construct interim improvements at the existing Jamboree/Barrancaintersection prior to opening
the ETC. Design of the Jamboree/Barranca interim intersection improvements is in process and
construction will begin shortly. The TCA is responsible for the funding of these interim improvements.
The traffic studies identified that the Jamboree widening project is necessary as early as two years after
operfing of the ETC. Because of this relatively short timeframe and the benefits of constructing the road
widening prior to opening the ETC, the TCA Board approved advancing the design. The benefits include
having additional capacity on Jamboree Road in place when the ETC is opened thereby eliminating furore
construction disruption and the cost savings incurred by doing the construction under the existing contract.
As a result, the TCA and the Cities began to develop a Memorandum of Understanding for the
development and fair-share funding for the construction of the Jamboree widening.
After reviewing cost estimates regarding the construction of the Jamboree widening and the Barranca
interchange, the Cities of Irvine and Tustin presented an alternative proposal involving future funding.
DISCUSSION
During the development of the fair-share funding agreement for the construction of the Jamboree Road
widening and the future Barranca interchange, it became apparent that the agreement could potentially
impact each City's FY 98/99 budget with up to an additional $1,500,000 in expenditures. This is based
upon cost estimates derived from substantially completed design plans that estimated the Jamboree
widening construction cost at $4,500,000 and each agency's fair-share at 1/3 of the total cost. Additionally,
conceptual construction estimates for the interchange revealed expenditures as high as $40,000,000.
In exchange for funding 100% of the Jamboree Road widening and contributing to the design and
construction of the ultimate Jamboree/Barranca intersection, a relocated soundwall adjacent to Jamboree
Road, and the Walnut Avenue Bridge Widening over Peters Canyon Wash along with channel
improvements; the Cities would agree to release the TCA from future participation in the construction of
the Jamboree/Barranca interchange and allow an early opening of the west leg of the ETC prior to
completion of the Jamboree/Edingerinterchange.
Memorandum o Agreement with the Transportation Corridor Agencies and the City of Irvine
May 4, 1998
Page 3
An early opening traffic study (with fly-over construction not finished) has'been reviewed and
recommended mitigation measures (striping, signal timing, etc) will be implemented at the early opening.
The early opening is predicated on three through lanes being provided in each direction on Jamboree Road
and a contingency plan being finalized.
The contingency plan involves developing measures and a decision making process to alleviate all
unanticipated congestion problems that may arise after the early opening. Representatives of Tustin,
Irvine, Caltrans,'Orange, and the TCA are now meeting to finalize the details.
Tustin and Irvine benefit by receiving the timely construction of the jamboree Road widening along with
other improvements without the expenditure of City funds. Additionally, the design and construction of
the ultimate intersection improvements will be under the sole control of the two cities and the TCA will
have made an adequate contribution toward that improvement. The future interchange construction or the
agreement to participate in a fair-share of the construction has been the requirement of several development
projects such as the IBC. The cities anticipate that the at-grade improvements will suffice to approximately
2011 and all future funding opportunities will be jointly developed by the Cites.
Tim D. Serlet '~
Director of Public Works/City Engineer
TDS:ccg:Memo of Agmt with TCA & Irvine
Attachment
SUMMARY OF EXISTING COMMITMENT
Jamboree Widening
Construction
Jamboree/Barrancalnterchange
Conceptual Design
Environmental Documentation
Final Design
Construction
TCA IRVINE
$1,500,000 .. $1'500,000
700,000
500,000
3,000,000
13,300,000
$19,000,000
13,300,000
$14,800,000
TUSTIN
$1,500,000'
13,300,000*
$14,800,000
POTENTIAL MOA COMMITMENT
TCA
Jamboree Widening (1999)
Jamboree Noise Mitigation Fund (1999)
Peters Canyon Wash/Walnut (1999)
Jamboree/Barrancalmprovements (1999)
TOTAL
$3,490,000
700,000
800,000
SI,300,000
$6,29O,OOO
* Estimated at one-third share
TRANSPORTATION CORRIDOR AGENCIES
201E. SANDPOINTE AVE., SUITE 200, SANTA ANA, C4 92707 7~4/436-9800 FAX 7?4/436-9848
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
April 27, 1998
F/ETC Board of Directors
Macie Cleary-Milan, Senior Analyst
Mike Endres, ETC Corridor Manager
ETC West Leg Agreement
STAFF RECOMMENDATION:
.
.
Approve the 1998 ETC West Leg Memorandum of Agreement (MOA) and authorize the
Board Chairman to execute same.
Adopt Resolutions 92F-06 and 92F-09 as amended.
Authorize the CEO to establish and fund trust accounts as provided in the MOA for a
total amount of $2,800,000.
Authorize the CEO to execute' Change Orders to the ETC Design/Build Contract to
implement the 1amboree Widening at an amount Not-To-Exceed $3,490,000. (Subject to
LOC Bank approval.
BACKGROUND:
On May 14, 1992, the Foothill/Eastern Transportation Corridor Agency (TCA) Board of
Directors adopted resolutions for approval of the ETC. One of the documents, Resolution No.
92F-06, approved the West Leg of the ETC; another document, Resolution No. 92F-09, adopted
a policy regarding construction of the ETC.
Since the adoption of the Resolutions, the TCA has been working toward meeting the terms and
conditions specifically described in the Resolutions. The conditions include that the TCA design
and environmentally clear the grade separated interchange at Jamboree/Edinger, Jamboree Road
widening through the Tustin Marine Base, and an ultimate.interchange at Jamboree/Barranca. The
TCA is also responsible for certain fair-share funding for construction of these three
improvements. TCA, together with the Cities of Tustin and Irvine (Cities), have designed,
environmentally cleared, and funded the Jamboree/Edinger interchange, meeting the condition for
one of the three improvements. The Jamboree/Edinger project is currently under construction and
is anticipated to be completed by mid 1999.
\\TCA\VOL I~qHAREDXAGENDASkBOARDPKG~05-14-98X.98 F018M.DOC
ETC West Leg Agreement
Page- 2
TCA also has prepared the annual traffic studies required by the Resolutions, which identified the
timing of the need for the remaining improvements. The traffic studies identified the need for
interim improvements at the existing Jamboree/Barranca intersection prior to opening the ETC, to
assist in handling the traffic after opening. Design of the Iamboree/Barranca interim intersection
improvements is in process and construction will begin shortly.
The traffic studies also identified that Jamboree widening project as being necessary as early as
two years after opening of the ETC. Because of this relatively short timeframe, the TCA, with
the Cities support, explored the benefits of constructing this improvement prior to opening the
ETC. In November 1996 the Board approved advancing the design. The benefits included
having additional capacity on Jamboree Road in place when the ETC is opened, thus eliminating
future disruption of traffic in the area. Since Silverado is currently constructing in the area, there
will also be cost savings by doing the construction now. Based on the benefits of building this
improvement now, the TCA and the Cities began to meet to develop a Memorandum of
Understanding for the development and funding for the construction of the Jamboree widening.
The. TCA then made a proposal for the fair share funding as agreed in the Resolutions.
The Cities of Irvine and Tustin approached the TCA on March 31, 1998 and presented an
alternative proposal which involved several additional improvements south of Walnut on
Jamboree Road.
DISCUSSION:
The proposal from the Cities included waiving a requirement of future TCA participation in the
design and construction of a grade-separated interchange at Jamboree/Barranca. The TCA's
. responsibilities under the current Resolutions are to provide design and environmental clearance
of the future interchange, and contribute a portion of the funding (fair-share) of the construction
of a grade-separated interchange. The Cities also suggested in their proposal that the West Leg
could be opened to traffic prior to completion of the Jamboree/Edinger interchange (which is
currently restricted in Resolution No. 92F-09). Based on early opening traffic studies which were
reviewed and evaluated by all parties, this restriction did not appear necessary.
In exchange for the release of future TCA participation in the Jamboree/Barranca interchange, the
TCA was asked to accept the full responsibility for funding construction of the Jamboree
widening improvement. Other improvements the TCA was asked by the Cities to participate in
include construction of the Walnut Ave. Bridge widening over the Peter's Canyon Wash (PCW),
channel improvements for a stretch of PCW from the El Modena Channel confluence to Walnut
Ave and constructing a relocated wall within the Tustin Marine base.
ETC West Leg Agreement
vag 3
Based on these requests, staff developed a Memorandum of Agreement (MOA) which
represented a summation of the proposals and discussions with the Cities. The MOA has been
tentatively agreed to by City and Agency staffs. The following reflects the points of the MOA:
MOA Points #1 and #5- TCA will design, fund and construct the widening of lamboree Road
through the Tustin Marine Corps Base. The widening will be done consistent with the Cities'
requirements and standards. Design of the widening is $400,000 and construction of the
improvements will not exceed $3,090,000. If the Cities change or add to the project, they will be
financially responsible for the increases. The widening project includes the removal of a portion
(approximately 1500 feet) of the existing wall along the west side of Jamboree because of sight
line conflicts. Additional funding ($700,000) will be placed in a trust account for the future
construction of a soundwall or noise mitigation in the vicinity. Reconstruction of the wall is not
considered appropriate at this time, as the exact nature of the adjacent future development has not
been finalized.
MOAPoints #2 and #3 and #6 - The TCA will provide $300,000 for design and $1 'million for the
TCA's fair share funding for the construction of the ultimate intersection improvements at
Jarnboree/Barranca. 'All other future obligations of the TCA for the design and the construction
of a future Jamboree/Barranca interchange will be eliminated. These future obligations include
the preparation of a conceptual design study to determine the most suitable interchange at this
location (estimated cost $700,000), preparation of environmental documents (estimated cost
$500,000) and a fair-share funding contribution to construction of the interchange (estimated
TCA cost $4,000,000 [10% of $40M]). These estimated costs are preliminary and only after
selection of the ultimate interchange would enable these costs be considered accurate estimates.
With the MOA in place, the Cities would be responsible for the. development of any additional
intersection or interchange improvements at the time the interim intersection reaches a Level of
Service E.
MOA Point g4 - The Agency will provide $800,000 toward construction of Walnut Bridge over
Peters Canyon Wash and improvements to the Peter's Canyon Wash from Walnut Avenue to the
El Modena Channel. These two improvements are adjacent to the ETC West Leg.
MOA Point #7 - The Cities will sponsor a revision to the Resolutions which allow the West Leg
to open prior to the completion of fly-over portions of the JamboreearEdinger interchange. The
Agency will provide an interim three through lanes in each direction with traffic traveling through
signalized intersections at Jamboree/Edinger. An ETC Early Opening Contingency Plan is being
prepared to address traffic.flow during the first 2-6 weeks after the opening of the ETC. This
plan also deals with quick response to peak hour traffic congestion.
MOA Points #8 and #9 - These two items address the content and timing of City approval of
plans for the Jamboree Widening project and the Jamboree/Barranca interim intersection project.
Timely approvals are necessary to complete construction prior to opening the West Leg.
ETC West Leg Agreement
Page 4
MOA Point #10- The City of Irvine has proposed a relocation of a commercial driveway along
the east side of Jamboree north of Barranca. This relocated drive will be included in the.
Jamboree/Barranca project by Silverado, at no cost to the Cities or TCA~
MOA Points #11 and #12 - Provide that the Cities commit to completing and executing the Hold
Harmless Agreements with Caltrans and that the City of Irvine approve the Major Thoroughfare
Agreement.
MOA Points #13 and #14 - These two provisions ensure that the Cities provide necessary
approvals to implement the terms Of this Agreement.
FINANCIAL
The current Resolutions No. 92F-06 and 92F-09 require TCA to fund certain portions of the
Jamboree ROad improvements. The estimated TCA costs and the fiscal years of expenditure are
listed below with the assumption that the work is not added to the Design/Build Contract.
Current Commitments
Jamboree Widening
Final design (2000)
Final Construction (2001)
$500,000
1,500,000 * (1/3 of $4.5 M)
Jamboree/Barranca Interchange
Conceptual Design (1998)
Environmental Documentation (2000)
Final Design (2001)
Construction (2003 - 4)
Total
$700,000
500,000
3,000,000
4~000,000
$10:600,000
*Funding available only from surplus toll revenues.
(10% of $40M)
ETC West Leg Agreement
Page 5
With the execution of the MOA and revised Resolutions, the responsibilities of TCA are revised
to the following:
After MOA Approval
Jamboree Widening (1999)
Jamboree Noise Mitigation Fund (1999)'
Peters Canyon Wash/Walnut (1999)
Jamboree/Barranca Improvements (1999 )
Total
$3,490,000
700,000
800,000
$1,300,000
$6.290,000
*Subject to LOC Bank Approval
The $6.29 million required under the MOA is a fixed up-front cost that will satisfy the TCA
commitments for all West Leg projects. This compares favorably to a projected higher cost
' obligation (under the current Resolutions) to be expended over a longer period, with uncertainty
as to the full amount of TCA responsibility. In addition to being in the best interest of the
Agency, the Cities also benefit from the timely construction of the Jamboree widening and funding
of additional improvements with no expenditure of City funds.
Funding for the $6.29 million obligation will come from anticipated interest earnings in excess of
the plan of finance. Although all required interest earnings have not yet been received, interest
income is currently ahead of plan due to slower than anticipated expenditure of construction funds
and a higher than anticipated rate of return. Execution of the MOA is subject to LOC Bank
approval.
Conclusion
A Memorandum of Agreement is proposed which revises Resolutions 93F-06 and 92F-09 and
modifies the Agency's responsibility for participation in the funding the Jamboree improvements
south of the ETC West Leg. This change will benefit each party to the MOA as well as Silverado
relative to the timely opening of the West Leg prior to completion of the Jamboree/Edinger
interchange.
1998 West Leg
Memorandum of Agreement
The TCA shall:
o
.
.
.
.
Complete and fund the final design, environmental documentation, and perform the
construction of the widening of Jamboree Road to four lanes in each direction from Moffett
Drive to Barranca Parkway consistent with the preliminary plans submitted to the Cities on
December 22, 1997, but incorporating JRT comments resolution on February 12, 1998 and
February 23, 1998 as well as curb and gutter, PCC swale, 1,500' of wall removal, median
drainage and 2.5 inch pavement overlay up to $3,090,000.00. In the event that either Cities
adds to or modifies the scope of work beyond that defined above, the additional financial
responsibility will be that of the Cities. The cities will be responsible only for costs
associated with changes in City requirements as requested by the Cities.
Provide $300,000 for the design of an ultimate at-grade intersection at Jamboree and
Barranca. The TCA money will be placed in a trust account or other acceptable mechanism
(within 90 days of execution of the MOA) to be accessed by the Cities for the design of the
project. All interest accrued from this trust account will be used to supplement the project
funds. In the event that the design is not completed or excess funding remain after
completion, the excess TCA money will be returned to TCA.
Provide $1,000,000 as the TCA's full fair share funding for the construction of an ultimate
improvement at Jamboree and Barranca. Any additional funding would be provided'by the
Cities. The TCA money will be placed in a trust account or other acceptable mechanism
(within 90 days of execution of the MOA) to be accessed by the Cities for the construction of
the project. All interest accrued from this trust account will be used to supplement the project
funds. This improvement will be constructed prior to the interim intersection reaching Level
of Service E. In the event that the construction is not completed or excess funding remains
after completion, the excess TCA money will be returned to TCA.
Provide $800,000 for improvements to the Walnut bridge over Peters Canyon Wash and to
the Peter's Canyon Wash link from Walnut Avenue to the E1 Modena Channel Confluence.
This money will be placed in a trust account or other acceptable mechanism (within 90 days
of execution of the MOA) to be accessed by the Cities for the design and construction of
these projects. All interest accrued from this trust account will be used to supplement the
project funds. In the event that the design and construction is not completed or excess
funding remains after completion, the money will be returned to TCA.
Provide $700,000 for construction of noise mitigation to meet City noise standards along the
west side of Jamboree Road north of Warner between Stations 113 and 129 on the Jamboree
widening plans. This money will be placed in a trust account (within 90 days of execution of
the MOA) to be accessed by the City of Tustin for. the construction of noise mitigation. All
interest accrued from this trust account will be used to supplement the project funds. If the
noise mitigation is not constructed, the money will be returned to the TCA.
O:\ENVIRON~IACi EXET~RAGY~wlegproposal.doc
In consideration of these provisions the Cities of Irvine and Tustin shall:
e
Sponsor a revision to the Foothill/Eastern Transportation Corridor Agency Board of
Directors Resolution 92F-06 to eliminate the requirement for TCA participation in. the
design, environmental and fair share funding of a full interchange at Jamboree Road and
Barranca Parkway.
.
Sponsor a revision to the Foothill/Eastern Transportation Corridor Board of Directors
Resolution 92F-09 to allow the opening of the West Leg prior to the completion of the fly-
over portions of the Jamboree and Edinger interchange without further study. This would
allow Silverado and the TCA to open the west leg at such time as Jamboree Road has 3
through lanes in each direction and the ETC Contingency Plan has been finalized.
.
Approve the Jamboree widening project plans as conceptually designed by Silverado and
submitted on December 22, 1997 incorporating curb and gutter, PCC swale, 1500' of wall
removal, median drainage and 2.5 inch pavement overlay The pavement design for the
widening shall be based on a Traffic Index = 11.0. The Jamboree widening construction must
begin by June 1, 1998. The cities will review the plans in four weeks for the initial final
submittal and one week for any resubmittals.
e
Approve the Jamboree/Barranca interim intersection final plans as submitted by Silverado
dated March 23, 1998 which is without pavement rehabilitation or overlay. The TCA will
not directly or indirectly pay for costs associated with pavement rehabilitation and overlay
including redesign. The pavement design for the widening shall be based on a Traffic Index
= 10.0. The interim intersection plans must be approved for construction by May 29, 1998 to
ensure completion of work by October 1998. The Cities will review the resubmittal plans in
two weeks.
--
10.
The City of Irvine acknowledges its responsibility to address and resolve the Griswold
driveway closure/relocation issue and provide this area to the TCA for construction of the
interim improvements. The City will approve the interim intersection plans as submitted by
Silverado after which Silverado will prepare an RFI and design and construct the relocated
drive (but only within the existing Jamboree Road right-of-way) per the April 15, 1998
layout.
11. The City of Irvine will execute the Major Thoroughfare Agreement with Caltrans by
April 30, 1998.
12.
The Cities of Irvine and Tustin will make good faith efforts to execute the Hold Harmless
Agreements with Caltrans by June 30, 1998. The City of Irvine and Tustin agree not to add
conditions to the ETC Project in the Hold Harmless Agreement.
O:agenda/boardpckg/5-14-98/98 FO 18 MOA .doc
13. Accept responsibility for obtaining City approval of this Memorandum of Agreement and
addressing community concerns.
14. Provide any necessary permits, plan approvals, and inspections oi' construction of the
Jamboree/Barranca Intersection and Jamboree Widening at no cost to the Agency or
SilveradO.
Recommended by:
William Woollett, Jr.
Chief Executive Officer
Transportation Corridor Agencies
Paul Brady, City Manager
City of Irvine
· git4-t4i~'s~, City Manager
City of Tustin
Approved by:
Harold Kaufman, .Chairman
FoothillIEastem Transportation Corridor Agency
Christina Shea, Mayor
City of Irvine
Jcf~ y ~' ~-- .... M yo
City of Tustin
O:\ENVIRON~MACIE~TC-~NTE~GY~wlcgproposal.doc
DRAFT - April 21.1998
RESOLUTION NO. 92F-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY APPROVING
THE WEST LEG OF THE EASTERN TRANSPORTATION CORRIDOR AND
APPROVING PLANS FOR THE CONSTRUCTION OF THE WEST LEG OF THE
EASTERN TRANSPORTATION CORRIDOR
May 14, 1992
Amended April 14, 1994
Amended May 14. 1998
On motion of Board Member DieM, duly seconded and carried, the following
Resolution was adopted:
WHEREAS, the Eastem Transportation Corridor (ETC) has been identified as a needed
facility in studies of existing and projected travel demand in Orange County beginning with the
1980 Northeast Orange County Circulation Study; and,
WHEREAS, the Multimodal Transportation Study and Refinement Study, and the
Northeast Orange County Circulation Study evaluated land use and transportation alternatives
for northeastern Orange county; and,
WHEREAS, the ETC was added to the Orange County Master Plan of Arterial
Highways by the Orange County Board of Supervisors in August, 1981; and,
WHEREAS, following addition of the ETC to the Master Plan of Arterial Highways
baseline environmental studies and preliminary engineering analyses for the ETC and the
Foothill Transportation Corridor were conducted, and Environmental Impact Report No. 123
was prepared and certified; and,
WHEREAS,. in February 1986, the Orange County Board of Supervisor selected 18 inks
to be evaluated as part of the ETC Route Location Study and Tier 1 Environmental Document;
and,
WHEREAS, EIR No. 451 was certified by the Orange County Board of Supervisors on
June 8, 19988, and a preferred alignment was selected bY the Foothill/Eastern Transportation
Corridor Agency and the Orange County Board of Supervisors in June 1988; and,
WHEREAS, the ETC was officially placed on the State Highway System in January
1989 by the state Legislature, now designated as. State Route 133. State Route.:.~;~. and e~.~.~
Reute 2fi!241 and State Route 261; and,
WHEREAS, the Foothill/Eastern Transportation Corridor Agency issued a Notice of
Preparation on December 27, 1988, and a Revised Notice of Preparation on January 24, 1991;
and,
WHEREAS, duly noticed scoping hearings were held on January 10, 1989, and
January 12, 1989, concerning the ETC Project; and,
WHEREAS, numerous other public hearings and meetings have been held concerning
the ETC project; and,
WHEREAS, Draft Environmental Impact Report No. 2 was distributed for public
review on November 8, 1991 for a period of public review lasting until December 30, 1991,
and the public review period was extended until January 17, 1992; and,
WHEREAS, public information meetings were held on Draft Environmental Impact
Report No. 2 on November 19, November 21, and December 5, 1991; and,
WHEREAS, public hearings were held on December 12, 1991 and February 13, 1992;
and,
WHEREAS, TCA Draft EIR No. 2 was prepared and circulated pursuant to the
provisions of the California Environmental Quality Act (CEAQ) the State CEQA Guidelines,
and the Foothill/Eastern Transportation Corridor Agency CEQA Procedures; and,
WHEREAS, written comments were received during and after the public comment
period, and a written response was prepared to written comments and to oral comments at the
public heating, which employ a good faith, reasoned analysis to describe and address the
disposition of environmental issues raised by the comments; and,
WHEREAS, the response to comments was distributed to commenting agencies and
members of the public on March 17, 1992, for a period of public review ending April 16,
1992; and,
WHEREAS, the Southern California Association of Governments (SCAG) incorporated
the ETC into the Regional Mobility Plan after analyzing regional transportation alternatives for
the Southern California region; and,
WHEREAS, SCAG, as the designated Metropolitan Planning Organization under the
Federal Clean Air Act, has included the ETC in the Transportation Improvement Program and
has certified that the Transportation Improvement Program conforms with the requirements of
the State Implementation Plan adopted pursuant to the Federal Clean Air Act; and,
WHEREAS, the South Coast Air Quality Management District and the California Air
Resources Board included in the Regional Mobility Plan as a component of the 1989 Air
Quality Management Plan and identified the ETC as a Tier I transportation control measure in
the 1989 Air Quality Management plan after analyzing regional alternatives for achieving
attainment with the National Ambient Air Quality Standards of the Federal Clean Air Act; and,
WHEREAS, the 1994 Air Quality Management Plan and the 1998 Regional Mobility
Plan assume that both mixed use and HOV lanes or pricing alternatives will be constructed on I
the ETC by the year 2010, and SCAG and the Foothill/Eastern Transportation Corridor Agency
have entered into a Memorandum of Understanding regarding the timing of HOV lane
implementation, and the use of toll pricing mechanisms to encourage higher vehicle occupancy;
and, "
WHEREAS, toll facilities provide an inherent financial incentive to encourage HOV
usage; and,
WHEREAS, a Final Environmental Impact Report (TCA Final EIR No. 2) has been
prepared pursuant to CEQA and to the State of Califomia CEQA Guidelines which includes the
following:
1. TCA Draft EIR No. 2
2. TCA Draft EIR No. 2 Technical Studies;
3. Comment received on TCA Draft EIR No. 2;
4. Responses to comments on TCA Draft EIR No. 2;
5,
Comments, and response to comments received on the Responses to Comments
on TCA Draft EIR No. 2;
.
Staff Reports of the Transportation Corridor Agency conceming Draft and Final
TCA EIR No. 2;
7. Addendum No. I September 1994.
8. Addendum No. 2 December 1997.
WHEREAS, The Foothill/Eastem Transportation Corridor Agency Board of Directors
has conducted duly noticed public hearings concerning the certification of TCA Final EIR No.
2 and concerning the approval of the ETC project on December 12, 1991, February 13, 1992
and May 14, 1992, and heard evidence from all persons interested in testifying concerning the
certification of TCA Final EIR No. 2 and the approval of the ETC project; and,
WHEREAS, the Foothill/Eastem Transportation Corridor Agency Board of Directors
has reviewed and considered TCA Final EIR No. 2 and has considered the oral and written
comments on the TCA Final EIR No. 2 and the responses thereto prior to approving the project;
and,
WHEREAS, the Foothill/Eastern Transportation Corridor Board of Directors has
cer/ified TCA Final EIR No. 2 as adequate and complete prior to taking action on the Project;
NOW, THEREFORE, the Foothill/Eastern Transportation Corridor board of Directors
resolves as follows that;
o
The West Leg of the ETC, described as the Corridor with West Leg (2lA)
Alternative in TCA Final EIR No. 2 (including interchanges and other ancillary
facilities described in TCA Final EIR No. 2), is hereby adopted.
.
In the Peters Canyon area, as described in TCA Final EIR No. 2, the West Leg
Alignment designated as 21A-1N (:,.'itI~~..~..,.~..~.."~---*: .... u.c _..'~ ~· ~ "--~-~....~. th~. crit~:Sa
e,,,t~,.~a~.....~.~ i,,... 5.qtigaticn ...~.o~. ~x~ ......... .^~.~ ~).. and 2lA-1S is hereby adopted.
.
In the Tustin Plain area, the Refined Concept alignment (semi-depressed), as
described in TCA Final EIR No. 2 is hereby adopted.
.
In the Transition Area, as described in TCA Final EIR No. 2, the alignment
designated as lC Modified (cc'-~;~'~'-' "';~- ~;'; .... ~;~'"TM........ -r ~.~, is hereby
.
The Environmental Findings, Facts in Support of Findings, and statement of
Overriding Considerations attached as Attachment "A" of Resolution No. 92f-06
are hereby adopted and incorporated herein by reference.
.
The Mitigation Monitoring plan attached hereto as Attachment "B" in
Resolution No. 92F-06 is hereby adopted and incorporated herein by reference.
.
The mitigation measures described in the Mitigation Monitoring Program
attached as Attachment "B" of Resolution No. 92F-05 are hereby adopted and
incorporated herein by reference.
ge
The Chief Executive Officer of the Transportation Corridor Agencies is
authorized to initiate such steps as necessary to (I) prepare final construction
plans, specifications and estimates; (ii) acquire right-of-way; (iii) obtain
financing for the constmction' of the ETC; (iv) implement the mitigation
measures identified in Attachment "B"; (v) obtain necessary permits and
approvals for the construction of the ETC; (i -v have been satisfied) and. (vi)
take such other steps as may be necessary to construct the ETC and open the
facility to traffic as early as feasible; ~ ~,'~ ~; .... ~ ..... ~. ,, +~;~ n ...... ~ .....
"'"'""'" k ' ""/ "~' "'*'~--', "'"""'"'"" "'"" "'"'"~' '""'"'""" '~
,-,,-,.-~.-,-.,,-..,-;m'fc, ~-mr, c~ r~-~ r~-, ..', .-, ,4 ,', ~ ; ,', ,', ,'- *,-, C,.,-~I-,,-,,- ; ,-,-, ,-, I ,-, .-,-, ,-, .-, ~ ~1-,,-,
BE IT FURTHER RESOLVED that adoptiOn of the West Leg of the ETC as set forth in
this resolution if subject to the following conditions of approval;
.
lA.
lB.
Prior to completion of the final Design for the ETC, the TCA shall administer,
fund and complete the engineering design and environmental studies for the
Edinger/Jamboree grade separation and interchange. (completed)
Any financial constraints relative to improvements within the project limits shall
not impact financial feasibility of these improvements south of the West Leg
terminus. Funding for these projects will be developed between TCA, Irvine
and Tustin. (completed)
Prior to completion of the final design for the ETC the final design for the initial
improvements necessary for the Jamboree/Barranca intersection shall be
completed. These improvements shall be opened prior to or at the same time as
the opening of the ETC West Leg in the Transition Area.
With respect to the ultimate Jamboree widening and the ultimate
Jamboree/Barranca intersection improvements the following conditions shall
apply:
ao
Jamboree widened to eight lanes south to Barranca improvement-
l.
Beginning with the first quarter of 1995, the TCA shall prepare an
annual update to the ETC West Leg Transition Area Phasing
Analysis (November 1993) and shall validate the results of the
update with the Cities of Irvine and Tustin. (completed)
b. Jamboree/Barranca grade separation and interchange improvement-
.
Beginning with the first quarter of 1995, the TCA shall prepare
an annual update to the .ETC west Leg Transition Area Phasing
AnalySis (November 1993) and shall validate the results of the
update with the Cities of Irvine and Tustin. (completed)
,
service "D". 'FCA has no further obliaation tbr lifts
improvement.
~Adopt the followino_. 1998 West [ e,, Memorandum of A,areement m.;~,. +,. ~.,~ a~,.;., c~. ,~..
ETC'
1998 West Leg
Memorandum of Agreement
The TCA shall:
.
Complete and fund the final design, environmental documentation,' and perform the
construction of the widening of Jamboree Road to four lanes in each direction from
Moffett Drive to Barranca Parkway consistent with the preliminary plans submitted to the
Cities on December 22, 1997, but incorporating JRT comments resolution on February 12,
1998 and February 23, 1998 as well as curb and gutter, PCC swale, 1,500' of wall removal,
median drainage and 2.5 inch pavement overlay up to $3,090,000.00. In the event that
either Cities adds to or modifies the scope of work beyond that defined above, the
additional financial responsibility will be. that of the Cities. The cities will be responsible
only for costs associated with changes in City requirements as requested by the Cities.
.
Provide $300,000 for the design of an ultimate m-grade intersection at Jamboree and
Barranca. The TCA money will be placed in a trust account or other acceptable mechanism
(within 90 days of execution of the MOA) to be accessed by the Cities for the design of the
project. All interest accrued from this trust account will be used to supplement the project
funds. In the event that the design is not completed or excess .funding remain after
completion, the excess TCA money will be returned to TCA.
DRAFT - APRIl. 21. 199§
RESOLUTION NO. 92F-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
ADOPTiNG A POLICY REGARDiNG THE CONSTRUCTION OF THE
EASTERN TRANSPORTATION CORRIDOR
May 14, 1992
Amended May 14. 1998
On motion-of Board Member Diehl, duly seconded and carried, the following resolution
was adopted:
WHEREAS, the Eastern Transportation Corridor (ETC) has been identified as a needed
facility in studies of existing and projected'travel demand in Orange County beginning with the
1980 Northeast Orange County Circulation Study; and,
WHEREAS, the ETC was officially placed on the State Highway System in January
1989 by the state legislature, now designated as Stm¢ Route 133. State Route 231241 and State
Route 261; and,
WHEREAS, the FoothillIEastem Transportation Corridor Agency issued a Notice of
Preparation on December 27, 1.988 and a Revised Notice of Preparation on January 24, 1991;
and,
WHEREAS, a Final Environmental Impact Report (TCA Final EIR No. 2) has been
prepared pursuant to CEQA and to the State of California C'EQA Guidelines, which includes
the following;
o
TCA Draft EIR No. 2;
e
TCA Draft EIR No. 2 Technical Studies;
Comments received on TCA Draft EIR No. 2;
.
Responses to comments on TCA Draft EIR No. 2;
Responses to the ResPonses-to-comment document on TCA Draft EIR
No. 2;
o
Staff reports of the. Transportation Corridor Agency concerning Draft and
Final TCA EIR No. 2;
7. Addendum No. 1 September 1994:
.
Addendum No. 2 December 1997
WHEREAS, the Foothill/Eastem Transportation Corridor Agency Board of Directors
has certified the TCA Final EIR No. 2 and has approved a facility with a West Leg, a North
Leg, and an East Leg;
NOW, THEREFORE, the Foothill/Eastern Transportation Corridor Agency Board of
Directors resolves as follows that:
The Board of Directors further directs TCA staff to undertake financing,
design and construction of the following;
a. Construction of the West Leg, North Leg, and East Leg in the
first phase of Initial Construction. (Completed)
b. Construction of a full interchange with general purpose lanes
at SR 91 including east and west connectors in the first phase of Initial
Construction. (Completed)
c. Construction of full interchange with general purpose lanes at
I-5/SR133 including the north and south connectors in the first phase of
Initial Construction..('Complctcd)
d. Construction of ramps in the first phase of Initial construction
to and from Walnut Avenue as identified by the 1C-modified alternative
supported by the Cities of Tustin and Irvine. Implementation of the ramps
will be consistent with mitigation measure T-17 which requires analysis of
the Walnut ramps. (Completed)
Further, the Board of Directors directs TCA staff to undertake financing,
design, and construction for the following improvements located beyond
the southern limits of the West Leg terminus as follows:
ao
Prepare an implementation program for the following
Jamboree Road transition improvements southerly of the EIR/EIS project
limits to Barranca Parkway as stated in Resolution 92F-06 to include:
_Widen Jamboree to eight lanes south to Barranca;
_Jamboree/Barranca grade separation and interchange.
(Completed)
1..,. O~CI:C~ *" ~""*'f~" '"";"" * ..... , ,I ....... ,; ....... +1...
I~.TV~ lXr~.,~ I ~,,., ~-, ,1... T,.~,~,-;~;~,,, A
a.. The West i,ce mavbc opened prior lo the completion
the fly-over pop, ions of the Jamboree and Edin,acr interchanee without
lo
.
ao
bo
Ce
further study. This will allow Silverado and the TCA to open the West
Lee at such time as Jamboree Road has 3 throueh lanes in each direction
and the ETC Contineency Plan has been finalized.
Further:
A subcommittee of the Technical Advisory Committee,
including financial personnel, consisting at a minimum of the Cites of
Anaheim, Irvine, Orange, Santa Ana, Tustin and the County of Orange
and a landowner representative shall be established to participate and
review the IFB or any other process that may be utilized leading to
construction of the ETC for consistency with the EIR, the approved
Project, and other direction from the Board of Directors including the
Resolution. (completed)
It is the policy of the Board of Directors that issues
regarding financing and phasing of the ETC shall be processed through
said subcommittee of the Technical Advisory Committee for their
recommendation prior to final Board approvak (complcted).
The TCA staff will conduct community information
meetings/workshops - prior to ETC construction to update residents on
the status of final design, construction and mitigation efforts so that the
public is aware of what can be expected when work commences.
(completed)
Adop! thc folloxvine 1998 West l.ce Mcmorandum of A,.2recmcnt.
1998 West Leg
Memorandum of Agreement
The TCA shall:'
le
Complete and fund the final design, environmental documentation, and perform the
construction of the widening of Jamboree Road to four lanes in each direction from Moffett
Drive to Barranca Parkway consistent with the preliminary plans submitted to the Cities on
December 22, 1997, but incorporating JRT comments resolution on February 12, 1998 and
February 23, 1998 as well as curb and gutter, PCC swale, 1,500' of wall removal, median
drainage and 2.5 inch pavement overlay up to $3,090,000.00. In the event that either Cities
adds to or modifies the scope of work beyond that defined above, the additional financial
responsibility will be that of the Cities. The cities will be responsible only for costs
associated with changes in City requirements as requested by the Cities.
2. -Provide $300,000 for the design of an ultimate at-grade intersection at Jamboree and
Barranca. The TCA money will be placed in a trust account or other acceptable mechanism
(within 90 days of execution of the MOA) to be accessed by the Cities for the design of the
project. Ail interest accrued from this trust account will be used to supplement the project
funds. In the event that the design is not completed or excess funding remain after
cOmpletion, the excess TCA money will be returned to TCA.
ge
Provide $1,000,000 as the TCA's full fair share funding for the construction of an ultimate
improvement at Jamboree and Barranca. Any additional funding would be provided by the
Cities. The TCA money will be placed in a trust account or other acceptable mechanism
(within 90 days of execution of the MOA) to be accessed by the Cities for the construction
of the project. All interest accrued from this trust account Will be used to supplement the
project funds. This improvement will be constructed prior to the interim intersection
reaching Level of Service E. In the event that the construction is not completed or excess
funding remains after completion, the excess TCA money will be returned to TCA.
.
Provide $800,000 for improvements to the Walnut bridge over Peters Canyon Wash and to
the Peter's Canyon Wash link from Walnut Avenue to the E1 Modena Channel Confluence.
This money will be placed in a trust account or other acceptable mechanism (w/thin 90 days
of execution of the MOA) to be accessed by the Cities for the design and construction of
these projects. All interest accrued from this trust account will be used to supplement the
project funds. In the event that the design and construction is not completed or excess
funding remains after completion, the money will be returned to TCA.
0
Provide $700,000 for construction of noise mitigation to meet City noise standards along
the west side of Jamboree Road north of Warner between Stations 113 and' 129 on the
Jamboree widening plans. This money will be placed in a trust account (within 90 days of
execution of the MOA) to be accessed by the City of Tustin for the construction of noise
mitigation. All interest accrued from this trust account will be used to supplement the
project funds. If the noise mitigation is not constructed, the money will be returned to the
TCA.
In consideration of these provisions the Cities of Irvine and Tustin shall:
.
Sponsor a revision to the Foothill/Eastern Transportation Corridor Agency Board of
Directors Resolution 92F-06 to eliminate the requirement for TCA participation in the
design, environmental and fair share funding of a full interchange at Jamboree Road and
Barranca Parkway.
Sponsor a revision to the Foothill/Eastern Transportation Corridor Board of Directors
Resolution 92F-09 to allow the opening of the West Leg prior to the completion of the fly-
over portions of the Jamboree and Edinger interchange without further study. This would
allow Silverado and the TCA to open the west leg at such time as Jamboree Road has 3
' through lanes in each direction and the ETC Contingency Plan has been finalized.
Approve the Jamboree widening project plans as conceptually designed by Silverado and
submitted on December 22, 1997 incorporating curb and gutter, PCC swale, 1500' of wall
removal, median drainage and 2.5 inch pavement overlay . The pavement desi~ma for the
widening shall be based on a Traffic Index = 11.0. The Jamboree widening construction
must begin by June 1, 1998. The cities will review the plans in four weeks for the initial
final submittal and one week for any resubmittals.
o
Approve the Jamboree/Barranca interim intersection final plans as submitted by Silverado
dated March 23, 1998 which is without pavement rehabilitation or overlay. 'The TCA will
not directly or indirectly pay for costs associated with pavement rehabilitation and overlay
including redesign. The pavement design for the widening shall be based on a Traffic Index
= 10.0. The interim intersection plans must be approved for construction by May 29, 1998
to ensure completion of work by October 1998. The Cities will review the resubmittal
plans in two weeks_.
10.
The City of Irvine acknowledges its responsibility to address and resolve the Griswold
driveway closure/relocation issue and provide this area to the TCA for construction of the
interim improvements. The City will approve the interim intersection plans as submitted by
Silverado after which Silverado will prepare an RFI and design and construct the relocated
drive (but only within the existing Jamboree Road right-of-way) per the April 15, 1998
layout.
11. The City of Irvine will execute the Major Thoroughfare Agreement with Calms by
April 30, 1998.
12.
The Cities of Irvine and Tustin will make good faith efforts to execute the Hold Harmless
Agreements with Caltrans by June 30, 1998. The City oflrvine and Tustin agree not to add
conditions to the ETC Project in the Hold Harmless Agreement.
13. Accept responsibility for obtaining City approval of this Memorandum of Agreement and
addressing community concerns.
14. Provide any necessary permits, plan approvals, and inspections of construction of the
Jamboree/Barranca Intersection and Jamboree Widening at no cost to the Agency or
Silverado.
Recommended by:
William Woollett, Jr.
Chief Executive Officer
Transportation Corridor Agencies
Paul Brady, City Manager
City of Irvine
r~:~ u ......City M
~... ~...o,.,., anager
City of Tustin
Approved by:
Harold Kaufman, Chairman
Foothill/Eastern Transportation Corridor Agency
Christina Shea, Mayor
City of Irvine
~,,,,.y ,,,. ,,,,,,,,,,.,,. Mayor
City of Tustin