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HomeMy WebLinkAboutC-3228 - Santa Ana River Crossing Study (SARX) Environmental Impact Report.COOPERATIVE AGREEMENT BETWEEN CITY OF COSTA MESA AND CITY OF NEWPORT BEACH THIS AGREEMENT, made and entered into this R46kday of Q 1998, by and between the City of Costa Mesa, a California municipal corporation in the State of California, (hereinafter referred to as "Costa Mesa "), and the City of Newport Beach, a California municipal corporation in the State of California, (hereinafter referred to as "Newport Beach "). RECITALS: WHEREAS, Orange County Transportation Authority (hereinafter referred to as "OCTA ") is responsible for maintaining the integrity of the Master Plan of Arterial Highways (hereinafter referred to as the "MPAH "), through its coordination with cities and the County of Orange and ultimately determines the cities' and County's consistency with the MPAH System; and WHEREAS, the MPAH designates Garfield Avenue /Gisler Avenue and 19th Street/Banning Avenue as two (2) bridges overcrossing the Santa Ana River, and WHEREAS, Costa Mesa and Newport Beach desire a study to determine the best solution to regional traffic flow in the area of the proposed bridges (hereinafter referred to as "STUDY "); and WHEREAS, the other parties affected by the traffic from the proposed bridges, Cities of Huntington Beach and Fountain Valley, the County of Orange, and OCTA have agreed to consider a plan of alternative highway improvement that may allow deletion of the bridges from MPAH; and WHEREAS, all of the affected parties propose that the STUDY identify the potential environmental impacts and subsequent mitigations associated with the above proposed MPAH amendment through a program level Environmental Impact Report (EIR); and WHEREAS, the EIR will be conducted in accordance with Attachment A, Scope of Work Outline, prepared by OCTA and approved by the Santa Ana River Crossing (SARX) Technical Advisory group, and will be used to evaluate all impacts of additional proposed alternatives and to determine the operational and financial feasibility of subsequent mitigations; and WHEREAS, no MPAH amendment will be entertained until the California Environmental Quality Act (CEQA) requirements are satisfied; and WHEREAS, STUDY will be prepared in cooperation with the Cities of Costa Mesa, Newport Beach, Fountain Valley, Huntington Beach, the County of Orange, and OCTA; and WHEREAS, STUDY will be conducted in accordance with the recommendations included in the Guidance for the Administration of the Master Plan of Arterial Highways issued by OCTA in November 1995, and will follow the Scope of Work Outline included as part of this Agreement, and WHEREAS, OCTA has agreed to be responsible for the following: A. To serve as lead agency for EIR. B. To be responsible for review and input to the Consultant on the preparation and processing of all necessary documentation related to the STUDY. C. To be responsible for all OCTA staff costs associated with the STUDY. D. To be responsible for $50,000.00 of cost to conduct the STUDY. E. To provide all OCTA support services identified in Scope of Work for the STUDY. F. To conduct public workshops either with staff or through a Consultant; and WHEREAS, Costa Mesa and Newport Beach wish to herein specify their respective responsibilities for performance of the STUDY; and WHEREAS, Costa Mesa and Newport Beach possess full authority to enter into this Agreement; NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: F] 0 • ARTICLE 1. RESPONSIBILITIES OF CITY OF COSTA MESA City of Costa Mesa agrees to the following responsibilities: A. To retain through its procurement process all Consultants necessary to conduct the study. B. To be responsible for all City of Costa Mesa staff costs associated with the STUDY. C. To be responsible for $100,000.00 of all Consultant costs for the program level EIR. D. To be responsible for review and input to OCTA for the preparation and processing of all necessary documentation related to EIR. E. To provide all City of Costa Mesa support services identified in OCTA's Scope of Work for the STUDY. F. To provide all required public notices, convene and assist in public workshops, coordinate citizen input, and other related duties. G. To enter into similar agreements with the Cities of Huntington Beach and Fountain Valley, ARTICLE 2. RESPONSIBILITIES OF CITY OF NEWPORT BEACH City of Newport Beach agrees to the following: A. To be responsible for all City of Newport Beach staff costs associated with the STUDY. B. To be responsible for $35,000.00 of all Consultant costs for the Program Level EIR. C. To be responsible for review and input to OCTA for the preparation and processing of all necessary documentation related to EIR. D. To provide all City of Newport Beach support identified in OCTA's Scope of Work for the STUDY. E. To provide all required public notices, convene and assist in public workshops, coordinate citizen input, and other related duties. ARTICLE 3. MUTUAL AGREEMENTS It is mutually understood by the parties hereto that: 3 0 0 A. Unless otherwise agreed upon by all cities involved and OCTA, the STUDY will be completed ONE YEAR from issuance of the notice to proceed. B. This Agreement does not prohibit the cities from conducting their own public hearings, community workshops, or otherwise take input from its constituents concerning the EIR, separate from OCTA conducted public workshops. C. Every notice, demand, request or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with the original subsequently delivered by other means in accordance with this section, or sent by certified United States Mail to the address set forth below, or to such other address as a party may designate from time to time: TO CITY OF COSTA MESA: City of Costa Mesa 77 Fair Drive P. O. Box 1200 Costa Mesa, CA 92626 Attn: City Manager Tel: (714) 754 -5328 TO CITY OF NEWPORT BEACH: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92866 Attn: City Manager Tel: (714) 644 -3000 D. This Agreement constitutes the entire understanding and agreements of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter thereof. E. This Agreement may be amended in writing at any time by the mutual consent of the parties. No amendment shall have any force or effect unless executed in writing by the parties. 4 i( 0 0 F. 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 executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. G. Neither Costa Mesa nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Newport Beach under or in connection with any work, authority or jurisdiction delegated to Newport Beach under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, Newport Beach shall fully indemnify, defend and hold Costa Mesa harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by Newport Beach under or in conjunction with any work, authority or jurisdiction delegated to Newport Beach under this AGREEMENT. H. Neither Newport Beach nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Costa Mesa under or in connection with any work, authority or jurisdiction delegated to Costa Mesa under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, Costa Mesa shall fully indemnify, defend and hold Newport Beach harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by Costa Mesa under or in conjunction with any work, authority or jurisdiction delegated to Costa Mesa under this AGREEMENT G1 • 0 IN WITNESS WHEREOF, City of Costa Mesa has caused the Agreement to be executed by its Mayor and attested by its Clerk, and City of Newport Beach has caused the Agreement to be executed by its Mayor, all thereunto duly authorized by Minute Orders of the City Council on the date written opposite their signatures. Date: I ATTEST: City Clerk Date: 9- 91— is CIT amt By: APPROVED AS TO FORM: �j By: City Attorney ATTEST: APPROVED AS TO FORM: City Cl c6 c of the, ouncil City Attorney li �1 • SCOPE OF WORK OUTLINE FORTHE SANTA ANA RIVER CROSSINGS COOPERATIVE STUDY PROGRAM LEVEL EIR Background: The Santa Ana River Crossing (SARX) Phase II Study is a coordinated effort between the County of Orange, Caltrans, the Orange County Transporation Authority (OCTA) and the cities of Costa Mesa, Fountain Valley, Newport Beach and Huntington Beach. The purpose of this effort is to develop- a plan of alternative roadway improvements that may allow the deletion of the proposed Banning Avenue /19th Street and Garfield Avenue /Gisler Street bridge crossings over the Santa Ana River from the OCTA Master Plan of Arterial Highways (MPAH). The SARX study area is bounded by Warner Avenue to the north, Bristol Street and Upper Newport Bay to the east, Beach Boulevard to the west and Pacific Coast Highway to the south. The potential bridge crossings are located between the 1 -405 and Pacific Coast Highway. Project: The "Project" scenario will examine the de•,etiec of the Ganisld Avenue /Gisler Street and Banning Avenue /10.1h Street bridge crossings over the Santa Ana river from the Master Plan cf Arterial Highways (= xhibii A). No Project: The "No Project" scenario will exa;mire tie ccnstruction of the Gaileld Avenue /Gisler Street and Banning AvenuE'1c-tin Street bridge crossings in accordance with the existing Master Plan c P.re: ial Highways (Exhibit B). Alternative: The "Alternative" scenario will examine t� e construction of the following alternative bridge crossings: 1) connecting Ga=ield Avenue to SR -57 and /or I- 405 instead of Gisler Street and 2)conne tine 417th street to Brookhurst Street (north of Banning Street) via Bluff Road instead of the Banning Avenue!18th Street bridge crossing (Exhibit C). General Requirements: The consultant shall prepare a complete crccram Environmental Impact Report (EIR) to 2nalyze and evaluate the potentiE? es.ironmental impacts of the project ATTACHMENT A at a program level of lysis. The Project, No Project and�temative scenarios will be evaluated at a�qual level of detail. The impact analysis will include Transportation, Land Use, Noise, Air Quality, Aesthetic, Hazards, Recreation, Public Services and Utilities, Population and Housing, Cultural Resources, Soils /Geoloay /Seismicity, Energy, Hydrology, Biological Resources, Cumulative Impacts and Unavoidable P-Averse Impacts. OCTA will supply and develop, if necessary, all traffic data for consultant analysis of transportation impacts. OCTA will act as the lead agency for preparation of the EIR. Specifications: 1. The consultant will prepare a single standard size sheet informational flyer to explain the project alternatives and the EIR process to the public. This flyer will encourage their participation in the process and will provide a schedule of upcoming meetings. The content of the flyer shall be reviewed and approved by the Technical Advisory Group (TAG) and agency sta-1 s prior to distribution. 2. The consultant will prepare a draft "Notice of Preparation" (NOP) as required for implementation of the California Environri ental Quality Act (CEQA). The draft NOP shall be reviewed by the TAG and agency sta s. The Lead Agency shall issue the final Nonce of Prearaicn. 3. The consultant vAil arrange four scGG GG T ?=lints with ail c ^_operaiinc aaencies and others a fec;ed tv this prc ? =c = i i` laltly ricarit Issues to to analyzed in the environmental dccument. 4. The consultant will hold two focus vrcrks-.cos to address resoludcn of possible issues during this proiact. S. The consultant shall submit 1CC copies c t`.e first screencheck draft EIR to be reviewed by the participating aaencies ar.d itte TAG. The consultant shall incorporate collective comments from the pa- dpatino aaencies and the TAG and submit 100 copies of the second scre=nc-eck for review. 6. Upon 'completion of the seccnd screencheck review, the consultant will prepare and submit 100 copies of the Draft E R (DEIR) to the lead agency. 7. The lead agency shall prepare a N:.ic= of Completion and shall be responsible for distributing the Notice. The consultant shall distribute the DEIR to the State Clearinchou__ss and ot- =r a- zencies. E 10 B.. The consultant waIxordinate the review of the HEIR d will hold a review meeting. Furthe ore, consultant will prepare responsto comments to be Included in the final EIR (FEIR). 9. The consultant will hold four open house meetings, one in each of the four participating cities. 10. Upon completion of the draft EIR, consultant will prepare 100 copies of the screencheck findings and 100 copies of the'draft findings. 11. The consultant will prepare a screencheck Mitigation Monitoring Plan (MMP) and a final MMP. This plan will report the mitigation measures and costs of mitigation measures for the project and the alternatives. The lead agency will adopt the MMP that matches the approved project. 12.The consultant will finalize the DER and will print and distribute the Final EIR (FEIR) and notices. 13.The consultant will attend and present materials at a minimum of four SARX Technical Advisory Group meetings to be held during the conduct of the project. Agency Support Services: Participating cities will provide the consultant with the following. 1. Updated land use data of the circulation plan. 2. Existing SARX model and data. 3. Intersection peak traffic counts fOr all Inter-sections. 4. Mailing list and labels for documents tc be distributed, inciudine the informational flyer, Notice 0T Prcriaratiori, wcr'. {shoo /mieeting announcements, Draft EIR and Final EIR. 5. Aerial photographs of major intersections, if Mailable. 3 A N � a ' I 60U1{ItlY N 3 �9 IWXIN• •M { YIIYIC•G • N I ` N twl,lc°„i f d „ OwililD N °OlG N _— •• —.—.— 41101 pYU r/� LII$ app ,.. 1 L-v I m01gw1U! .v � �.♦ i 7 � ti s p, i 1.y011 rt q. 'T.� Y1C10M♦ if �>� �? WYVOM .3 N .r�nn - ��o♦Clpi � Q r r a �+ IN 14iN IT � � � ✓ �� p gJ, o y MwwW11D '.'ile Facility Type Designation a� Principal pal Major _- primary by _ -- SecondaryY Commuter O a - -- Freeway Toll Facility .� Q P N ExhibitA W E Project r a� aiuwn w .x! lowx � r nm�nups �' w �nuln 8 r �wC wwox � r V w Facility Type Designation C= Principal Major primary Secondary Commrrter — Freeway - Toll Facility II I sunmrr y •� niu�re �. /• i +••e� rw rt ii � uwgx �K r ,Q 1 waox rt ` � , �SL � � �? A YCI01�� R � F ab b s 4 nrx i 0 0 9 Exhibit B (MPAH) - - - - — No Project r 111 � fifil•sl• M \ x 1UN4RMIx •W ° tIMLMfA 1 • r N � 1 °"•rlun N ��,\' :.: •sNINRMR_ * "xlox p�iw �i.' i i r � slxal°�°11 i AR A r , Q 1114 a VMII°M r 1 o O J A A y '� N°i1RY11G ', Facility Type Designation =0 Principal "4 Major xlele Primary §y Secondary i Commuter 0 Freeway Toll Facility N Exhibit C i w E i Alternative i u 08/13/1998 09:32 M ACT4 BOARD OC DIRECTORS Sewn L. Cat, Chemnan Thr s W W +son V2e-Chemnan Leurann Deo4 oiww Tom Only Daector M,guel Pwdn 01'"for Cn04e5 V $man fnraclw Todd Sparer D,w1or Wmiem G Slemer Dee, rw RoDen P WaMarrom Onoow Mchnef Ward Dmoclor Susan Wlhrow Duocfw ALke McManus Govemw i EK Ofncm MM,bw AnnwC Brown Aftwmte James W. Suva AnW,WTe Gregory T WnfeAcnom Ailurnofc 7147545028 • August 3, 1998 Mr. Allan Roeder City Manager City of Costa Mesa 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628 I.UbIH Pico, -� ruD JCr�v • SENT BY: PERSONAL COURIER Subject. Cooperative Agreement No. C -7 -0558 Dear Mr. Roeder: The Orange County Transportation Authority (OCTA) and the City of Costa Mesa entered into the subject Agreement on February 4, 1998, to conduct the Santa Ana River Crossing Cooperative (SARX) Study. The SARX Study is being conducted as a collaborative effort involving the City of Costa Mesa, City of Newport Beach, City of Huntington Beach, City of Fountain Valley and OCTA. Under the subject Agreement, OCTA is to contract with a vendor to conduct the study. However, the OCTA's Operations and Planning Committee, along with each of the Cities involved, have decided that it is in the best interests of the SARX Study for the City of Costa Mesa to contract with a vendor to conduct the study, while OCTA remains the lead agency for this project. Therefore, OCTA and the City of Costa Mesa have decided to terminate the subject Agreement and enter into a separate Agreement under which the City of Costa Mesa will contract with a vendor to conduct the SARX Study. Orange Coup y Transponaoon AuBarly SW South Main Shoat / P.O. Boa 14164 /Orange /C&Womla 92863 -1584 1(714) 560 -OCTA (6282) \'�) j E)8/13/1998 09:32 7147545028 Mr. Allan Roeder, City Manager August 3, 1998 Page 2 COSTA MESA HUb SEKV • r"UL e � Thereby, OCTA and the City of Costa Mesa by signing in the space provided below mutually agree to terminate the subject Agreement effective on the date of this letter. ORANGE COUNTY TRANSPORTATION AUTHORITY By' Corey Cre ey Sec ' ager -ent Date: Sd APPROVED AS TO FORM By: o`^' Kennard R. Smart General Courlcil��e cc: Peter Naghavi, City of Costa Mesa Glen Campbell, OCTA Dale Cole, Accounting CITY OF COSTA MESA a municipal corporation By: Mayor Date: ATTEST: By: City Clerk of the Council APPROVED AS TO FORM: By: City Attorney \D M OCTA BOARD OF DIRECTORS Sarah L. Cats Chairman Thomas W. Wilson Vice - Chairman Lamann Cook Director Tom Daly Director Miguel Police Director Charles V. Smith Director Todd Spitzer Director William G. Steiner Director Robert P. Wahlstrom Director Michael Ward Director Susan Withrow Director Mike McManus Governor's Ex-Officio Member Arthur C. Brown Alternate James W. Silva Alternate Gregory T. Winterbottom Alternate 0 August 24, 1998 Mr. Kevin Murphy City Manager CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: Cooperative Agreement No. C -7 -0559 Dear Mr. Murphy: is The Orange County Transportation Authority (OCTA) and the City of Newport Beach entered into the subject Agreement on January 26, 1998, to conduct the Santa Ana River Crossing Cooperative (SARX) Study. The SARX Study is being conducted as a collaborative effort involving the City of Costa Mesa, City of Newport Beach, City of Huntington Beach, City of Fountain Valley and OCTA. Under the subject Agreement, OCTA is to contract with a vendor to conduct the study. However, the OCTA's Operations and Planning Committee, along with each of the Cities involved, have decided that it is in the best interest of the SARX Study for the City of Costa Mesa to contract with a vendor to conduct the study, while OCTA remains the lead agency for this project. Therefore, OCTA and the City of Costa Mesa have decided to terminate the subject Agreement and enter into a separate Agreement under which the City of Costa Mesa will contract with a vendor to conduct the SARX Study. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863 -1584 / (714) 560 -OCTA (6282) 0 • Mr. Kevin Murphy August 24, 1998 Page 2 Thereby, OCTA and the City of Newport Beach by signing in the space provided below mutually agree to terminate the subject Agreement effective on the date of this letter. ORANGE' COUNTY TRANSPORTATION By: G/iv�- A Virg' is Abadessa, Manager Co racts and Materials Management Date: -� APPROVED AS TO FORM: AT- M Kennard R. Smal General Counsel in MAW W, IWL City Clerk of the Council APPRO ED AS TO FORM: By: City Attorney cc: Richard Edmonston, City of Newport Beach Glen Campbell, OCTA Dale Cole, Accounting m OCTA BOARD OF DIRECTORS Sarah L. Catz Chairman Thomas W. Wilson Vice - Chairman Laurann Cook Director Tom Daly Director Miguel Potion Director Charles V Smith Director Todd Spitzer Director William G. Steiner Director Robert P Wahlstrom Director Michael Ward Director Susan Withrow Director Mike McManus Governor's Ex- Officio Member Arthur C. Brown Alternate James W. Silva Alternate Gregory T. Winterbottom Alternate 0 August 25, 1998 Mr. Kevin Murphy City Manager CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658 -8915 0 SUBJECT: COOPERATIVE AGREEMENT NO. C -7 -0559, BETWEEN CITY OF NEWPORT BEACH AND OCTA FOR SANTA ANA RIVER CROSSING (SARX) STUDY Dear Mr. Murphy: Enclosed please find two original copies of the Letter Agreement between the City of Costa Mesa and the Orange County Transportation Authority to terminate Cooperative Agreement No. C -7 -0559 to conduct the Santa Ana River Crossing (SARX) Cooperative Study. The Authority has signed these copies and is returning them to you for execution. Please return one original copy of the Agreement to the Authority once the Agreements have been executed. If you should have any questions regarding this matter, please contact me at (714) 560 -5614. Sin ely, QNiY(Q onna Pagel enior Procurement Administrator Enclosure Orange County Transportation Authority 550 South Main Sheet / P.O. Box 14184 / Orange /California 92863 -1584 / (714) 560 -OCTA (6282) • • • • • 350 C- 3aa� August 24, 1998 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SARX COOPERATIVE AGREEMENT RECOMMENDATIONS: 1} Y 2 " Authorize the Mayor and City Clerk to execute a Cooperative Agreement with the City of Costa Mesa for the Santa Ana River Crossing Study (SARX) Environmental Impact Report. 2. Rescind the Cooperative Agreement with the Orange County Transportation Authority for the SARX EIR that was approved on January 27, 1998, and authorize the Mayor and City Clerk to execute the letter pertaining to termination of the Agreement. Direct staff to transfer the encumbrance for the City's share of the study ($35,000) from OCTA to the City of Costa Mesa. DISCUSSION: On January 27, 1998, the City Council approved a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for a program level EIR to evaluate the impacts of constructing two additional bridges over the Santa Ana River per the current Master Plan of Arterial Highways. The study would also evaluate alternate improvements that would be needed to handle projected traffic if the bridges were to be deleted from the MPAH. The original concept was that OCTA would oversee the study due to the differences of opinion amongst the four affected cities, Costa Mesa, Huntington Beach, Fountain Valley and Newport Beach. OCTA requested proposals from a number of engineering and environmental firms. Five firms responded and four were selected to participate in a final selection interview. OCTA's consultant selection process allows them to select from any of the firms that are judged to be qualified by the selection process, regardless of the order in which they are ranked by the selection committee. When a sub - committee of the OCTA Board recommended a consultant other than the top - ranked firm, the cities requested a reconsideration by the sub - committee. The sub - committee decided that if the cities did not agree with their selection, one of the cities should administer the contract rather than OCTA. The City of Costa Mesa volunteered to administer the financial aspects of the contract, while OCTA has agreed to retain their role as manager of the study. Attached is a letter from OCTA confirming their participation in the revised study process. SUBJECT: SARX COOPERATIVEAOREEMENT • ' August 24, 1998 Page: 2 This change in the administration of the contract requires a Cooperative Agreement with Costa Mesa to replace the previously approved agreement with OCTA. There are no other changes to the scope of work for the EIR. Once Costa Mesa has completed new agreements with OCTA, and the three cities, they will retain the top- ranked consultant and negotiate a final contract. It is expected that the study will take approximately ten months. Respectfully submitted, Don Webb Public Works Director By: I C�t��V+� Richard Edmonston, P.E. Transportation and Development Services Manager Attachment: Agreement OCTA Letter dated August 3, 1998 u f:\ groups \pubworks\ council \fy98- 99\august- 24\sam.doc 0 • 0 COOPERATIVE AGREEMENT BETWEEN CITY OF COSTA MESA AND CITY OF NEWPORT BEACH THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Costa Mesa, a California municipal corporation in the State of California, (hereinafter referred to as "Costa Mesa "), and the City of Newport Beach, a California municipal corporation in the State of California, (hereinafter referred to as "Newport Beach "). RECITALS: WHEREAS, Orange County Transportation Authority (hereinafter referred to as "OCTA ") is responsible for maintaining the integrity of the Master Plan of Arterial Highways (hereinafter referred to as the "MPAH "), through its coordination with cities and the County of Orange and ultimately determines the cities' and County's consistency with the MPAH System; and WHEREAS, the MPAH designates Garfield Avenue /Gisler Avenue and 19th Street/Banning Avenue as two (2) bridges overcrossing the Santa Ana River, and WHEREAS, Costa Mesa and Newport Beach desire a study to determine the best solution to regional traffic flow in the area of the proposed bridges (hereinafter referred to as "STUDY "); and WHEREAS, the other parties affected by the traffic from the proposed bridges, Cities of Huntington Beach and Fountain Valley, the County of Orange, and OCTA have agreed to consider a plan of alternative highway improvement that may allow deletion of the bridges from MPAH; and WHEREAS, all of the affected parties propose that the STUDY identify the potential environmental impacts and subsequent mitigations associated with the above proposed MPAH amendment through a program level Environmental Impact Report (EIR); and 0 0 WHEREAS, the EIR will be conducted in accordance with Attachment A, Scope of Work . Outline, prepared by OCTA and approved by the Santa Ana River Crossing (SARX) Technical Advisory group, and will be used to evaluate all impacts of additional proposed alternatives and to determine the operational and financial feasibility of subsequent mitigations; and WHEREAS, no MPAH amendment will be entertained until the California Environmental Quality Act (CEQA) requirements are satisfied; and WHEREAS, STUDY will be prepared in cooperation with the Cities of Costa Mesa, Newport Beach, Fountain Valley, Huntington Beach, the County of Orange, and OCTA; and WHEREAS, STUDY will be conducted in accordance with the recommendations included in the Guidance for the Administration of the Master Plan of Arterial Highways issued by OCTA in November 1995, and will follow the Scope of Work Outline included as part of this Agreement, and WHEREAS, OCTA has agreed to be responsible for the following: • A. To serve as lead agency for EIR. B. To be responsible for review and input to the Consultant on the preparation and processing of all necessary documentation related to the STUDY. C. To be responsible for all OCTA staff costs associated with the STUDY. D. To be responsible for $50,000.00 of cost to conduct the STUDY. E. To provide all OCTA support services identified in Scope of Work for the STUDY. F. To conduct public workshops either with staff or through a Consultant; and WHEREAS, Costa Mesa and Newport Beach wish to herein specify their respective responsibilities for performance of the STUDY; and WHEREAS, Costa Mesa and Newport Beach possess full authority to enter into this Agreement; NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 0 2 0 0 0 ARTICLE 1. RESPONSIBILITIES OF CITY OF COSTA MESA City of Costa Mesa agrees to the following responsibilities: A. To retain through its procurement process all Consultants necessary to conduct the study. B. To be responsible for all City of Costa Mesa staff costs associated with the STUDY. C. To be responsible for $100,000.00 of all Consultant costs for the program level EIR. D. To be responsible for review and input to OCTA for the preparation and processing of all necessary documentation related to EIR. E. To provide all City of Costa Mesa support services identified in OCTA's Scope of Work for the STUDY. F. To provide all required public notices, convene and assist in public workshops, coordinate citizen input, and other related duties. • G. To enter into similar agreements with the Cities of Huntington Beach and Fountain Valley. ARTICLE 2. RESPONSIBILITIES OF CITY OF NEWPORT BEACH City of Newport Beach agrees to the following: A. To be responsible for all City of Newport Beach staff costs associated with the STUDY. B. To be responsible for $35,000.00 of all Consultant costs for the Program Level EIR. C. To be responsible for review and input to OCTA for the preparation and processing of all necessary documentation related to EIR. D. To provide all City of Newport Beach support identified in OCTA's Scope of Work for the STUDY. E. To provide all required public notices, convene and assist in public workshops, coordinate citizen input, and other related duties. . ARTICLE 3. MUTUAL AGREEMENTS It is mutually understood by the parties hereto that: 3 A. Unless otherwise agreed upon by all cities involved and OCTA, the STUDY will be completed ONE YEAR from issuance of the notice to proceed. B. This Agreement does not prohibit the cities from conducting their own public hearings, community workshops, or otherwise take input from its constituents concerning the EIR, separate from OCTA conducted public workshops. C. Every notice, demand, request or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with the original subsequently delivered by other means in accordance with this section, or sent by certified United States Mail to the address set forth below, or to such other address as a party may designate from time to time: TO CITY OF COSTA MESA: City of Costa Mesa • 77 Fair Drive P. O. Box 1200 Costa Mesa, CA 92626 Attn: City Manager Tel: (714) 754 -5328 TO CITY OF NEWPORT BEACH: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92866 Attn: City Manager Tel: (714) 644 -3000 D. This Agreement constitutes the entire understanding and agreements of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter thereof. E. This Agreement maybe amended in writing at anytime by the mutual consent of the parties. No amendment shall have any force or effect unless executed in writing by the parties. 4 0 0 0 F. 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 executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. G. Neither Costa Mesa nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Newport Beach under or in connection with any work, authority or jurisdiction delegated to Newport Beach under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, Newport Beach shall fully indemnify, defend and hold Costa Mesa harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by Newport Beach under or in conjunction with any work, authority or jurisdiction delegated to Newport Beach under this AGREEMENT. H. Neither Newport Beach nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Costa Mesa under or in connection with any work, authority or jurisdiction delegated to Costa Mesa under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, Costa Mesa shall fully indemnify, defend and hold Newport Beach harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by Costa Mesa under or in conjunction with any work, authority or jurisdiction delegated to Costa Mesa under this AGREEMENT 0 0 0 IN WITNESS WHEREOF, City of Costa Mesa has caused the Agreement to be executed by its Mayor and attested by its Clerk, and City of Newport Beach has caused the Agreement to be executed by its Mayor, all thereunto duly authorized by Minute Orders of the City Council on the date written opposite their signatures. Date: ATTEST: City Clerk Date: ATTEST: City Clerk of the Council CITY OF NEWPORT BEACH a municipal corporation IC APPROVED AS TO FORM: 0 Mayor City Attorney CITY OF COSTA MESA a Municipal Corporation By: APPROVED AS TO FORM: 120 Mayor City Attorney 0 1] 0 SCOPE OF WORK OUTLINE 0 FORTHE SANTA ANA RIVER CROSSINGS COOPERATIVE STUDY PROGRAM LEVEL EIR Background: The Santa Ana River Crossing (SARX) Phase ll Study is a coordinated effort between the County of Orange, Caltrans, the Orange County Transporation Authority (OCTA) and the cities of Costa Mesa, Fountain Valley, Newport Beach and Huntington Beach. The purpose of this efflort is to develop- a plan of alternative roadway improvements that may allow the deletion of the proposed Banning Avenue /19th Street and Garfield Avenue!Gisler Street bridge crossings over the Santa Ana River from the OCTA Master Plan of Arterial Highways (MPAH). The SARX study area is bounded by Warner Avenue to the north, Bristol Street and Upper Newport Bay to the east, Seach Boulevard to the west and Pacific Coast Highway to the south. The potential bridge crossings are located between the 1 -405 and Pacific Coast Highway. Project: The "Project' scenario will examine the de!eticn of the Gan.ld Avenue!Gi=_ler Street and Bannino Avenue /191h Street bridce crossings over the Santa Anc river from the Master Plan cf Arterial Hiahvrays (= xhibit A). No Project: The "No Project" scenario will E;<a:miire t %E construction of the Ga'le!a Avenue!Gisler Street and EanninC Street bridge crossincs in accordance with the existing Master Plan, ci P.rte: ial Highways (Exhibit 6). Alternative: The "Alternative" scenario will examine the construction of the followina alternative bridge crossings: 1) cennectinc Ga =ield Avenue to SR -57 and /or 1 405 instead of Gisler Street and 2)connE: inc 171h street to Brookhurst Street (north of Banning Street) via Blur Road inste-=J of the Banning Avenue!19th Street bridge crossing (Exhibit C). General Requirements: The consultant shall prepare a complete crccram Environmental Impact Report (EIR) to analyze and evaluate the potential cr'.`- -Onmentai impacts of the project ATTAPRIVIENT A at a program level owalysis. The Project, No Project arWItemative scenarios will be evaluated. at an equal level of detail. The impact analysis will include Transportation, Land Use, Noise, Air Quality, Aesthetic, Hazards, Recreation, Public Services and Utilities, Population and Housing, Cultural Resources, Soils /Geology /Seismicity, Energy, Hydrology, Biologfcaf Resources, Cumulative Impacts and Unavoidable Adverse Impacts. OCTA will supply and develop, if necessary, all traffic data for consultant analysis of transportation impacts. OCTA will act as the lead agency for preparation of the EIR. Specifications: 1. The consultant will prepare a single standard size sheet informational flyer to explain the project alternatives and the EIR process to the public. This flyer will encourage their participation in the process and will provide a schedule of upcoming meetings. The content of the flyer shall be reviewed and approved by the Technical Advisory Group (TAG) and agency sta s prior to distribution. 2. The consultant will prepare a draft "Notice of Preparation" (NOP) as required for implementation of the California Envircnn.ental Quality Act (CEQA). The draft NOP shall be reviewed by the TAG and agency sta s. The Lead Agency shall issue the final Not ce of Pre_aricn. 3. The consultant wiil arranee fcur sccc ng -.e ='Inc=_ with a l c2ooera;inc agencies and others a`e-ted t. tiffs prc!ec% i�antjfy _=jgnjfjcant issues tc to analyzed in the environmental dccument. 4. The consultant will hold two focus to address r:soluticn of possible issues during this project. 5. The consultant shall submit 100 cocies c•f t`.e fir__st screenchegk draft EIR to be reviewed by the participating agencies a-l- the TAG. The consultant shall incorporate collective comments from the pa-:cipating agencies and the TAG and submit 100 copies of the second screenc =cR for revic-W. 6. Upon 'completion of the seccnd sere =nc .ec':( review, the consultant will prepare and submit 100 copies of the Draft E:. (DEIR) to the lead agency. 7. The lead agency steal; prepare a N' C cf Completion ant shall be responsible for distributing the Notice. The consultant shall distribute the DEIR to the State Clearinghouse and ot=er a_encies. 2 S. The consultant a coordinate the review of the DEIF&d will hold a review meeting. Furthermore, consultant will prepare response to comments to be included in the final EIR (FEIR). S9. The consultant will hold four open house meetings, one in each of the four participating cities. • 10. Upon completion of the draft EIR, consultant will prepare 100 copies of the screencheck findings and 100 copies of the'draft findings. 11. The consultant will prepare a screencheck Mitigation Monitoring Plan (MMP) and a final MMP. This plan will report the mitigation measures and costs of mitigation measures for the project and the alternatives. The lead agency will adopt the MMP that matches the approved project. 12.The consultant will finalize the DER and will print and distribute the Final EIR (FEIR) and notices. 13.The consultant will attend and present materials at a minirnum of four SARX Technical Advisory Group meetings to be held during i :ie conduct of the project. Agency Support Services: Participating cities will provide the consultant wit`: the following. 1. Updated land use data of-the circulation piar. 2. Existing SARX model and data. 3. Intersection peak traffic counts fir all in- ,Pacte intersectlonS. 4. Mailing list and labels for docur erit5 tc be distributed, indudine the informational flyer, Notice of Pre.aration, wc,'.;shoolmeetino announce - malts, Draft EIR and Final EIR. 5. Aerial photographs of major iniersectlons, If available. 3 Facility Type Designation s Principal Major Primary Secondary + — Commuter 4 Freeway --' Toll Facility YYYNM M i • ev a 11 O � OMFf10 I:f • � JA � �� f �' raww IInII w 11 c t wu�Rpo � t sROe u¢u er ��v � a // I YOYNLLwIO � I Ry j •`1 !v y °� Muxarax 1.. 0P YYrw Ar A 4 d i wCIORIA R b $ _i'� A W NY6N ] Y/ p IpIM Sr A '- � a Y YMIpxO Ry y, tr �4� Facility Type Designation s Principal Major Primary Secondary + — Commuter 4 Freeway --' Toll Facility YYYNM M i a 11 NOfRIM'. ,y � JA t wu�Rpo � t sROe u¢u er ��v � a // I j •`1 !v °� Muxarax 1.. 0P C r'4 wCIORIA R b $ _i'� A p IpIM Sr A '- � r y, r ti IN A � � Ivx n . ✓�� a i IWEL ExhibitA Project r) GF � r \ � •. ILr tm% ROY•to• r y �CC •crn�• + •so • r r � - FoRntrn p J .. ourun r o•�n r •r•�ro vv, loww r � t JLLOF WO R /i 4 se r � � bJ � a `, • y �� /,, F 'ef �raa� •arnc wowupR •v � ': � �P �w ATYY 'yJ Y E a # Y i MLWM R `4 4AL VICIOW R ' � YMILNp N � K1M TI 1 ' � � • O 3 � r E t- /��F MCNI4110 � Facility Type Designation Pt O » Principal i 4s Mayor Primary Secondary Commuter xf O a i -- Freeway 3 — Toll Facility N Exhibit B Iw . E (am) NT, Orn�arv4 \\ b 1 \. \ QBOwiw]Y ,ly . FF9WIMV9 94Y0 O w W M t C wWIWY IPM r s V�9.CF WF9 ti ' �L a �Sy ' 0 '. ✓ � / j ■ ■■ •YlwOIW wouxugs ydgR •v � Ruwl• wr a �A �� OQ � � ��� U9wr sa � .d ` .3 wuox rt + k J '"y ji n4n ncma. wsmaw W r a d ; u'. aY�n•6i9Y•Ttr•Ma�b ! t � + s ,} Is.n' Fr .x � '��.. �r b Facility Type Designation Principal; s 4F Major Peary n 3 Secondary Comtwter Freeway w Toll Faciliry Q f N Exhibit C i w E Alternative ,68/13/1998 09:32 m• OCTA BOARD OF DIRECTORS Saran L. Cafz Cne,enAn Thomas W W,rson Vice Cnamnen Laurent, Cook O„Kbr Tom Daly OnOOlpr M,guof Puado DI,aPO, Cna,tos V Simon a�,eCler rodd Spitzer Onacror W,niam G Steiner Director ROben P WaMfbem Dlrevo, M,chaet WArd • DRrcro, Susan Wahroe Onocfo, kLke McManus Gnvr,no'? Ca- Otflc,o Me,nOar Anbo, C B+oo,n AlrernarC Janlb W SIM1'a 4eamate Gregor- T Wmterbortom AAemefc 11 71475450 August 3, 1998 Mr. Allan Roeder City Manager City of Costa Mesa 77 Fair Drive P.O sox 1200 Costa Mesa, CA 92628 COSTA MESA PUB 16V PAGE 02 SENT BY: PERSONAL COURIER Subject: Cooperative Agreement No. C -7 -0558 Dear Mr. Roeder: The Orange County Transportation Authority (OCTA) and the City of Costa Mesa entered into the subject Agreement on February 4, 1998, to conduct the Santa Ana River Crossing Cooperative (SARX) Study. The SARX Study is being conducted as a collaborative effort involving the City of Costa Mesa, City of Newport Beach, City of Huntington Beach, City of Fountain Valley and OCTA. Under the subject Agreement, OCTA is to contract with a vendor to conduct the study. However, the OCTA's Operations and Planning Committee, along with each of the Cities involved, have decided that it is in the best interests of the SARX Study for the City of Costa Mesa to contract with a vendor to conduct the study, while OCTA remains the lead agency for this project. Therefore, OCTA and the City of Costa Mesa have decided to terminate the subject Agreement and enter into a separate Agreement under which the City of Costa Mesa will contract with a vendor to conduct the SARX Study. Orange County TransMilation AelhorAy 550 Santa Main Sfreet /P.O. Boa 14184 / Orange /CaMomla 92863 - 1584/(714)560- OCTA(6282) 08/13/1998 09:32 7147545 COSTA MESA PUB #RV PAGE .03 , Mr. Allan Roeder, City Manager August 3, 1998 Page 2 Thereby, OCTA and the City of Costa Mesa by signing in the space provided below mutually agree to terminate the subject Agreement effective on the date of this letter. ORANGE COUNTY TRANSPORTATION AUTHORITY By Corey Cre ey Sec ' a AAa ager�_Fae M`6nt Date: Sd APPROVED AS TO FORM By: Kennard R. Smart General CounciFa cc Peter Naghavi, City of Costa Mesa Glen Campbell, OCTA Dale Cole, Accounting CITY OF COSTA MESA a municipal corporation By Mayor Date: ATTEST: By: City Clerk of the Council APPROVED AS TO FORM: By: City Attorney • 1]