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HomeMy WebLinkAbout05 MJR THOROFARE AG 08-21-95NO. 5 8-21-95 AUGUST 21, 1995 In t e r- C o m DATE: TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF THE MAJOR THOROUGHFARE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY RECOMMENDATION It is recommended that the City Council, at their meeting of August 21, 1995: 1) approve the attached Major Thoroughfare Agreement (MTA) between the City of Tustin (City) and the Foothill/Eastern Transportation Corridor Agency (Agency); and 2) authorize the Mayor to execute the agreement and the City Clerk to attest, on behalf of the City. FISCAL IMPACT None. BACKGROUND The City Member Agencies and the TCA entered into a Joint Powers Agreement (JPA) creating the Transportation Corridor Agencies(TCA) and providing for the construction of the Eastern Transportation Corridor (ETC). The Environmental Impact Report was certified and the City has reviewed the basic Agency Supplied Documents which included the preliminary design, environmental documents and other pertinent information that form the basis of TCA's construction contract to complete the design and to construct the ETC. The JPA provides that the ETC be taken over by Caltrans to operate and maintain after it is constructed and opened to traffic. The primary purpose of the Major Thoroughfare Agreement is to demonstrate local jurisdiction acceptance and agreement of the corridor location in order that the California Transportation Commission (CTC) may officially adopt the route as a State Highway. This is one of the necessary steps to permit Caltrans to assume ownership and operation of the corridor after it is constructed. DISCUSSION Although the ETC barely touches the City of Tustin boundaries and there are no interchanges within the City's jurisdiction it is appropriate for the City to execute the subject MTA, so as to demonstrate City's support of the project to the CTC. The exhibit attached to the MTA defines the basic location and configuration of the ETC adjacent to the City and describes the basic corridor access in that area. The Agency has received approval from the City for modifications to arterial highways crossing the ETC, adjacent to City's jurisdiction, through the plan submittal and permitting process. The MTA confirms this approval and documents acceptance of the completed arterial highway improvements adjacent to City's jurisdiction and beyond the limits of the Corridor accepted as a State Highway by the CTC. In support of the route adoption of the ETC as State Route 231/State Route 261 by the CTC and acceptance of ownership of the ETC, Caltrans requires that the MTA be in place to verify approval of the project design and acceptance of City responsibility for those facilities beyond the limits of the ETC. Tim D. Serlet Director of Public Works/ City Engineer Nestor Mondok Assistant Civil Engineer TDS:NM:klb:mta-et~ Attachment 12-ORA-231: In the County of Orange from Laguna Freeway (SR-133) PM 9.15 to PM 39.76 at SR-91 near Gypsum Canyon Road, 12-ORA- 241: In the County of Orange from 1.4 mile north of Portola Parkway (North) PM 26.4 to PM 27.7 at SR 231, and 12-ORA-261: In the County of Orange from PM 16.67 (Jamboree Road ) at Walnut Ave. to PM 23.04 at SR 231 near Santiago Canyon Road. MAJOR THOROUGHFARE AGREEMENT THIS AGREEMENT, made and entered into on this day of , , by and between the Foothill/Eastern Transportation Corridor Agency (herein referred to as "AGENCY"), and the City of Tustin (herein referred to as "CITY"), WITNESSETH: WBEREAS, the highway described above has been approved by AGENCY as a portion of future major thoroughfare intended to become State Highway Routes SR 231, SR 241, and SR 261; and WHEREAS, it is the intent of AGENCY that California Department of Transportation recommend to the California Transportation Commission the adoption of said major thoroughfare (herein referred to as "Eastern Corridor") as the location of the State Highway; and WIIEREAS, it is further the intent of AGENCY that said adoption be approved by resolution of the California Transportation Commission; and WHEREAS, it is timber the intent of AGENCY that the California Department of Transportation assume responsibility for the operation, maintenance and tort liability for the Eastern Corridor, and Wl~REAS, the Department of Transportation by agreement with AGENCY dated November 14, 1988, as amended April 7, 1995, has agreed to accept ownership of the Eastern Corridor after it has been made part of the State Highway System; and WHEREAS, the Department of Transportation desires that it be assured by executed agreements that all connections and other matters affecting streets of the CITY are agreed to prior to accepting said ownership and assuming said responsibility; and WHEREAS, a plan map for a portion of the Eastern Corridor has been prepared (Exhibit A) showing the proposed plan of AGENCY as it affects streets of the CITY; NOW, THEREFORE, IT IS AGREED: 1. CITY generally agrees and consents to construction affecting CITY streets as shown on the plan map attached hereto marked Exhibit A and made part hereof by this reference. 2. AGENCY shall, in construction of the Eastern Corridor and at AGENCY's expense, make such changes affecting CITY streets in accordance with the plans for the Eastern Corridor submitted to and approved by CITY. 3. It is understood between the parties that the fight-of-way may be acquired in sections or traits, and that both as the acquisition of right-of-way and the construction of the Eastern Corridor, the obligation of AGENCY hereunder shall be carried out at such time and for such unit or units of the projects as funds are budgeted and made lawfully available for such expenditures. 4. CITY will accept, after joint inspection by CITY and AGENCY to assure CITY streets have been constructed in accordance with jointly approved construction plans and change orders, control and maintenance of each of the AGENCY relocated, constructed or reconstructed CITY streets upon receipt of .written notice to CITY from AGENCY that the work thereon has been completed, except for any portion of the Eastern Corridor which is intended by AGENCY to be adopted by the California Department of Transportation. CITY will accept title to the portions of such streets lying outside the Eastern Corridor limits upon conveyance by AGENCY following CITY acceptance of control and maintenance. 5. This Agreement may be modified at any time prior to an adoption action on the Eastern Corridor by the California Transportation Commission by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through AGENCY and CITY cooperation, of the entire Eastern Corridor project for the benefit of the CITY and the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. FOOTHHJL/EASTERN TRANSPORTATION CORRIDOR AGENCY CITY OF TUSTIN By William Woollett, Jr. Chief Executive Officer Date By Date MAYOR Approved as to Form Approved as to Form By. Attorney (AGENCY) Date . Attorney ( C lff~/ t) EXHIBIT A State of California Department of Transportation Freeway In the City of Tustin SR-261: From P.M. 21.5 to P.M. 21.7 Near Handy Creek Road nge City of Orange City of Tustin treet Tustin Irvine not to scale \ / / / / / County ol Orange