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]