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HomeMy WebLinkAbout13 MOU W/TRANSP AUTH 09-06-94AGENDA ,- NO. 13 9-6-94 Inter-Com r DATE: SEPTEMBER 6, 1994 TO: FROM: SUBJEC~ WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION MEMORANDUM OF UNDERSTANDING WITH TRANSPORTATION CORRIDOR AGENCIES AND CITY OF IRVINE FOR JAMBOREE ROAD IMPROVEMENTS ASSOCIATED WITH THE EASTERN TI~%NSPORTATION CORRIDOR (WEST LEG TRANSITION AREA) RECOMMENDATION It is recommended that the City Council, at their meeting of September 6, 1994, approve a Memorandum of Understanding (MOU). with the Transportation Corridor Agencies and the City of Irvine regarding Jamboree Road Improvements south of the terminus of the West Leg of the Eastern Transportation Corridor, and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT There will be no fiscal impact associated with the present City Council action. BACKGROUND On May 14, 1992, the Foothill/Eastern Transportation Corridor Agency Board of Directors certified the final Environmental Impact Report for the Eastern Transportation Corridor' (ETC) and approved a number of resolutions concerning corridor implementation. Included in the approved resolutions were conditions relative to the engineering design and environmental studies for roadway improvements south of the West Leg termination (vicinity of Walnut Avenue) along Jamboree Road, commonly referred to as the Transition Area. In Resolution 92F-06, adopted on May 14, 1992 and amended on March 22, 1994, it was specified that the Transportation Corridor Agencies (TCA) shall administer, fund and complete the engineering design and environmental studies for roadway improvements to Jamboree Road south of the Terminus of the West Leg of the ETC including; a) Edinger Avenue/Jamboree Road grade separation and interchange; b) Jamboree Road widened to eight lanes south to Barranca Parkway; and Jamboree Road/Harranca Parkway grade separation and interchange. Also part of Resolution 92F-06 is condition No. 2 which specifies that "Prior to final design for the ETC: a) A Memorandum of Understanding (MOU) shall be entered into which defines the TCA as the lead agency and defines the roles of the Cities of Irvine and Tustin as cooperating agencies in the environmental process." ~ISCUSSION In response to the requirements set forth in Resolution No. 92F-06 and No. 92F-09, the TCA has prepared a MOU (attached) between the TCA and the cities of Tustin and Irvine which specifies their respective roles in the design and environmental process for the above noted roadway improvements to Jamboree Road south of the ETC West Leg terminus. A separate MOU will be created in the future to address the funding responsibilities of the three parties in relation to construction and maintenance of the improvements. In developing the MOU, the TCA has been working with the staffs from the City of Irvine and City of Tustin, and has been responsive to input from both agencies. City of Tustin staff therefore recommends approval of the document. It should be indicated that the Irvine City Council is tentatively scheduled to consider this matter at their second meeting of September 1994. A copy of the present staff report will be forwarded to the Laurelwood, Peppertree and Tustin Meadows Homeowners Associations prior to the City Council meeting of September 6, 1994. Robert Ledendecker Acting Director of Public Works/ City Engineer Dana R. Kasdan Engineering Services Manager RL: DRK: ccg: mout ca Att achment Memorandum of Understanding Jamboree Road Improvements This Memorandum of Understanding (MOLl), made and entered into this , 1994. day of By and between The Transportation Corridor Agencies, a joint powers authority, hereinaRer referred to as "TCA", The City of Irvine, a political subdivision of the County of Orange, hereinat~er referred to as "Irvine", The City of Tustin, a political subdivision of the County of Orange, hereinafter referred to as "Tustin" Witnesseth Whereas, the Foothill/Eastern Transportation Corridor Agency Board of Directors certified the Environmental Impact Report for the Eastern Transportation Corridor 0STC) on May 14, 1992. Whereas, Adopted Resolution 92F-06 as approved on May 14, 1992 and amended on March 22, 1994 specifies that the TCA shall administer, fund and complete the engineering design and environmental studies for roadway improvements south of the terminus of the West Leg of the ETC including; a. Edinger Avenue/Jamboree Road grade separation and interchange b. Jamboree Road widened to eight lanes south to Barranca Parkway. c. Jamboree Road/Barranca Parkway grade separation and interchange Whereas, on May 14, 1992, the Foothill/Eastern Transportation Corridor Agency board of Directors approved Resolution 92F-09 regarding the construction of the Eastern Transportation Corridor. Whereas, the improvements w/Il enhance the functioning of Jamboree Road in and near the Transition Area. Whereas: The Edinger/Jamboree grade separation and interchange is being processed separately by the County of Orange as part of the Moulton Parkway Smart Street Environmental Impact Report pursuant to Agreement No D93-044 between the TCA and the County of Orange and is not addressed by this MOU. As part of this process the County of Orange is including environmental analysis and preliminary engineering design work for the Jamboree/Edinger interchange. The Moulton Parkway Smart Street Environmental Impact Report was certified by the County of Orange on October 5, 1993. Preliminary engineering and design work including a Project Report was completed in April, 1994. Whereas: The PROJECT shall, include an environmental and engineering study the widening of Jamboree Road to eight lanes between Barranca Parkway and Edinger and the JarnboreefBarranca grade separation and interchange. The study will include engineering and environmental analysis (as well as include construction timing, implementation/phasing, funding, and parties responsible for the construction of the subject improvements. Whereas: Notwithstanding concurrent studies by outside parties involving elements of the stated improvements, the TCA shall maintain its lead role and responsibility in providing construction level environmental documentation and final engineering designs for the subject improvements. Whereas, Adopted Resolution 92F-06 specifies the following; 2. Prior to final design for the ETC: a) A Memorandum of Understanding (MOld) shall be entered into which defines the TCA as the lead agency and defines the roles of the Cities of Irvine and Tustin as cooperating agencies in the environmental process. The TCA SHAI J: A. Be and is hereby designated as Lead Agency for the PROJECT under the requirements of the California Environmental Quality Act. B. Obtain city review/concurrence of the scope of work for the EIR, engineering studies and final design fi.om the cities' of Tustin and Irvine. Be responsible for issuing the RY'P for final design (conventional construction) or 35% design (design/build construction) dependent on the construction method chosen, for engineering studies and preparation of the environmental report and take the lead in the selection of the consultant finns to complete these tasks in consultation with Tustin and Irvine. C. Be and is hereby designated as Project Manager to perform tasks necessary for the PROJECT. D. Be and is hereby designated as Contract Administrator for the PROJECT and negotiate and administer the environmental design contracts including dispatching mated progress payments in consultation with Tustin and Irvine. E. Review and be responsible for PROJECT deliverables as to technical accuracy and acceptability in consultation with Tustin and Irvine. F. Be responsible for one hundred percent (100%) share of the environmental study and engineering design, which includes final construction plans, specifications, estimates and contract administration for selected consultant firm(s). 2 The City of Irvine SI-IAI ,1 ,: A. Assist the Lead Agency in completing and approving the environmental document. B. Participate in the EIR consultant selection process. C. Provide city-related information necessary for the consultant to complete the PROJECT in a timely and accurate manner. D. Review and comment on PROJECT deliverables as to technical accuracy and acceptability in accordance with the project schedule. The City of Tustin SHAI ]'.: A. Assist the Lead Agency in completing and approving the environmental document. B. Participate in the ElK consultant selection process. C. Provide city-related information necessary for the consultant to complete the PROJECT in a timely and accurate manner. D. Review and comment on PROJECT deliverables as to technical accuracy and acceptability in a timely manner in accordance with the project schedule. A separate Memorandum of Understanding will be created to address the funding responsibilities of the TCA, Irvine and Tustin in construction and maintenance of the PKOJECT. TCA will be the Lead Agency in facilitation and preparation of the funding and maintenance MOU. Maintenance of these Jamboree Improvements will be the responsibility of the cities of Irvine and/or Tustin, as dictated by their geographic boundaries, and/or other applicable public agencies. 3 In Witness Whereof, TCA has caused this agreement to be executed by the Chief Executive Officer, Irvine has caused this agreement to be executed by the Mayor and Tustin has caused this agreement to be executed by the Mayor; all here unto duly authorized by the TCA, Irvine and Tustin. TCA F .O .OTHII J JEASTERN TRANSPORTATION CORRIDOR. AGENCY, a joint-powers authority By William Woollett, Jr. Chief Executive Officer APPROVED AS TO FORM: Agency Counsel 4 C~IES CITY OF TUSTIN, a municipal corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: By . City Attorney (_jr' 5 CITY OF I~.VIN a municipal corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: By City Attorney Attachments: Resolutions 92F-06, 92F-09 6 RESOLUTION NO. 92F-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY APPROVING TH~ WEST LEG OF TH~ EASTERN TRANSPORTATION CORRIDOR AND APPROVINO PLANS FOP. TIlE CONSTP. UCTION OF THE WEST LEO- OF THE EASTERN TRANSPORTATION CORRIDOR May 14, 1992 Amended April 14, 1994 On motion of Board Member Diehl, duly seconded and carried, the following resolution was adopteda- 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 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 lvla~er 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 WHEKEAS, in February 1986, the Orange County Board of Supervisors selected 18 links to be evaluated as part of the ETC Route Location Study and Tier 1 Environmental Doo~ment; and WHEREAS, EIR No. 451 addressed potential environmental effects associated with the 18 links and a range of non-alignment alternatives for the ETC; and WHEREAS, EIR No. 451 was certified by the Orange County Board of Supervisors on June 8, 1988, and a preferred alignment was selected by the Foothill/Eastern Transportation Corridor Agency and ~e 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 Le~s!ature, now designated as State Route 231 and State Route 261; and WHE1LEAS, 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 Dratt Environmental Impact Report No. 2 on November 19, November 21, and December 5, 1991; and 1992; and WHEREAS, public hearings were held on December 12, 1991 and February 13, WHEREAS, TCA Draft ~IR. No. 2 was prepared and circulated pursuant to the provisions of the California Environmental Quality Act (CEQA), 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 hearing, 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 Orga~i~tlon under the Federal Clean Air Act, has included the ETC in the Transportation Improvement Program and h:~ certified that the Transportation Improvement Program conforms with the requirements of the State Implementation Plan adopted pursuant to the Federal Clean Air Act; and 2 WHEREAS, the South Coast Air Quality Management District ~ud the California Air Resources Board included 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 1991 Air Quality Management Plan mad the Regional Mobility Plan assume that both mixed use and HOV lanes will be constructed on 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 WHERE~S, 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 California CEQA Guidelines which includes the following: 1. TCA Draf~ EIR No. 2; 2. TCADraf~l=JRlqo. 2 Technical Studies;. 3. Comments received on TCADra/t ]~IRNo. 2; 4. Responses to comments on TCA Draft EIR No. 2; $. Comments, and responses to comments received on the Responses to Comments on TCA Draf~ EIB. No. 2; 6. Staff Reports of the Transportation Corridor Agency concerning Draf~ and Final TCA EIK No. 2; ~, the Foothill/Eastern Transportation Corridor Agency Board of Directors h~a conducted duly noticed public hearings concerning the certification of TCA Final ~ 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/Ea~em Transportation Corridor Agency Board of Directors has reviewed and considered TCA Final EIR No. 2 and has considered the oral and v,~ii.~.en comments on the TCA Final ElK No. 2 and the responses thereto prior to approving the project; and WHEREAS, the Foothill/Ea~em Transportation Conidor Board of Directors has certified TCA Final ElK No. 2 as adequate and complete prior to taking action on the project: 3 NOW, THEREFORE, the Foothill/Fatstem Transportation Corridor Board of Directors resolves as follgws that: 1. 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. 2. In the Peters Canyon area, as described in TCA Final EIR No. 2, the ' West Leg Alignment designated as 2 IA-IN (with adoption of 2 lA-5 under the criteria outlined in Mitigation Measure AL- 1 ) and 21 A- 1S is hereby adopted. 3. In the Tustin Plain area, the Refined Concept Alignment (semi- depressed), as described~in TCA Final EIR No. 2, is hereby adopted. 4. In the Transition Area, as described in TCA Final EIR No. 2, the alignment designated as IC Modified (consistent with Mitigation Measure T-14) is hereby adopted. 5. The Environmental Findings, Facts in Support of Findings, and Statement of Overriding Considerations attached as Attachment "A" of Resolution No. 922-06 are hereby adopted and incorporated herein by reference. 6. The Mitigation Monitoring Plan attached hereto as Attachment '"B" in Resolution No. 922-06 is hereby adopted and incorporated herein by reference. 7. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment "B" of Resolution No. 922-05 are hereby adopted and incorporated herein by reference. 8. 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; ('fi) acquire fight-of-way; (iii') obtain financing for the comction of the ETC; (iv) implement the mitigation measures identified in Attachment "B'; (v) obtain necessary permits and approvals for the construction of the ETC; (va') take such other steps as may be necessary to construct the ETC and open the facility to traffic as early as fens~le; and (vii) bring back to this Board any appropriate recommendations to further implement the foregoing. BE IT FURTHER RESOLVED that adoption of the West Leg of the ETC as set forth in this resolution is subject to the following conditions of approval: 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 Edingerffamboree grade separation and interchange. 4 lA. lB. 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 Ired Tustino Prior to completion of the final design for the ETC the final design for the initial improvements necessary for the .lamboree/Bm-ranca intersection shall be completed. These improvements shall be opened prior to or at the same time az the opening of the ETC West Leg in the Transition Area. With Respect to the ultimate )'amboree widening and the ultimate .lamboree/Barranca intersection improvements the following conditions shall apply: a) Jamboree widened to eight lanes south to Barranca improvement- 1) 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 oflrvine and Tustin. 2) Upon opening the Corridor to traffic, TCA shall monitor daily and peak hour traffic volumes on this roadway segment and prepare an analysis on a yearly basis showing traffic volume Irends and a projection of when service levels will reach level of service 'D". Approximately three yes~ prior to reaching the projected level of service "D", TCA shall initiate, administer, fund and complete engineering design and environmental studies for the two lane widening of this segment. b) ~'emboree/Barranca grade separation and interchange improvement- I) 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 oflrvine and Tustin. 2) Upon opening the Corridor to traffic, TCA shall monitor daily and peak hour traffic volumes on each leg of the intersection and prepare an analysis on a yearly basis showing traffic volume treads and a projection of when service levels will reach level of service 5 lC. 3) Approximately three years prior to reaching the projected level of service "D", TCA shall initiate, Administer, fund and complete engineering design and environmental studies for a grade separation and interchange. TCA shall work with the City oflrvine and the City of Tustin to define the improvements (identified in IB above) and identify the parties responsible for the right-of-way requirements, funding sources and the implementation procedure, including c.0nstm~don and tbning. This shall include design and environmental studies consistent with the Tustin Base Reuse Plan and the City of Irvine Planning Area 10. Prior to final design for the ETC: A memorandum of Understanding (MOLl) shall be entered into which defines the TCA as the lead agency and defines the roles of the Cities of Irvine and Tustin as cooperating agencies in the environmental process. b) A MOU shall be entered into identifying fair-share funding between TCA, City of Irvine, and City of Tustin regarding construction of the above improvements. BE IT FURTHER RESOLVI~ that, this Resolution is approved, adopted and signed this 14th day of April, 1994, and shall take. effect immediately. FOOTI-nl .IJEASTEKN TRANSPORTATION CORRIDOR AGENCY ATTEST: Chairman of the FoothilVEastem Transportation Corridor Agency Corridor Agency 6 I h .e~...y certify that tho foregoin~ R~olution wa~ d,,~,, -a .... ~ ~- -- ..... 14a day of Ap~, 1994, by ~e foHo~g vote o~e ~o~'; ~.~u,~ m~g ~fon the A~S: NOES: Secretary of the Foothill/ Eastern Transportation Corridor A~ency 7 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 On motion of Board Member Diehl, duly seconded and carded, the following resolution was adop~d: WHEREAS, the Eastern Transportation Corridor (ETC) has been iderzi~i~ed 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 State Route 231 and State Route 261; and WHEREAS, the Foothill/Eastern Transportation Corddor Agency issued a Notice of Preparation on December 27, 1988 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 CEQA Guidelines, which includes the following: 1. TCA Draft EIR No. 2; 2. TCA Draft EIR No. 2 Technical Studies; 3. Comments received on TCA Draft EIR No. 2; 4. Responses to comments on TCA Draft EIR No. 2; Responses to the Responses-to-comment document on TCA EIR No. 2; Staff reports of the Transportation Corridor Agency concerning D[~ and Final TCA EIR No. 2; WHEREAS, the Foothill/Eastern Transportation Corridor Agency Board of Directors has certified the TCA Final EIR No. 2 ancl has approved a facility with a West Leg, a North Leg, and an East Leg; NOW, THEREFORE, the Foothill/Eastein Transportation Corddor 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. Construction of a full interchange with general purpose lanes at SR 91 including east and west connectors in the first phase of Initial Construction. 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. d. Construction of ramps in the first phase of Initial construction to and from Walnut Avenue as identified by the lC-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. Further, the Board of Directors further directs TCA staff to undertaJ(e financing, design, and construction for the following improvements located beyond the southern limits of the West Leg terminus as follows: 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: bo i) Widen Jamboree to eight lanes south to Barranca; ii) Jamboree/Barranca grade separation and interchange A grade separation and interchange at Jamboree Road and Edinger Avenue shall be opened to traffic pdor to or at the same time as the opening of the ETC West Leg in the Transition Area. 2 3. Further: A subcommittee of the Technical Advisory Committee, including financial personnel, consisting at a minimum of the Cities of Anaheim, Irvine, Orange, Santa Aha, 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 this Resolution. Co 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 approval. The TCA staff will conduct community information meeting/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. BE IT FURTHER RESOLVED that this Resolution is approved, adopted and signed this 14th day of May, 1992, and shall take effect immediately. FOOTHI LL/EASTER NTRANS PORTAT1ON CORRIDOR AGENCY ,/' Chairman of the Foothill/Eastem Transportation Corridor Agency A'FI'EST Secretary,'~f 'the Foothill/Eastem TranspoCl~tion Corridor Agency 3 I hereby certify that the foregoing ResolulJon was duly adopted by the Board of Directors of the Foothill/Eastern Transportation Corridor Agency at a regularly scheduled meeting thereof on the 14th day of May, 1992, by the following vote of the Board: AYES: Vasquez, Sheridan, Wilson, Krause, Cody, 'Diehl, Fdess, Thomas,Wisner NOES: Pickler, Beyer, Richardson ABSENT: Riley Secretary,/'of the Foothill/ Eastern Transportation Corddor Agency