HomeMy WebLinkAbout25D - AGMT - MOU - 17TH ST GRADE SEPARATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2014
TITLE:
APPROVE A MEMORANDUM OF
UNDERSTANDING BETWEEN OCTA
AND CITY OF SANTA ANA FOR THE
17TH STREET GRADE SEPARATION
(STRATEGIC PLAN NO. 6, 1, G)
CITY MANAGE
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager to execute the Memorandum of Understanding between the Orange
County Transportation Authority and the City of Santa Ana defining the roles and responsibilities
for preparation of a Project Report Equivalent and Environmental Document for the 17th Street
Grade Separation at the Los Angeles -San Diego -San Luis Obispo Rail Corridor.
The City of Santa Ana, in cooperation with the Orange County Transportation Authority (OCTA) and
the Southern California Regional Rail Authority (SCRRA), proposes to construct a grade separation
at the 17th Street grade crossing along the Los Angeles -San Diego-San Luis Obispo ( LOSSAN)
corridor. The LOSSAN corridor is operated and maintained by Metrolink with operating rights
assigned to Amtrak and the Burlington Northern Santa Fe Railway.
The 17th Street grade separation will provide a safe and uninterrupted crossing for traffic and
pedestrians at the at -grade railroad tracks. This crossing is on the California Public Utilities
Commission Grade Separation Priority List of highest priority regional locations for grade
separations. In addition, 17th Street is one of the City's most important east -west arterials,
providing the local community with mobility and connectivity.
A Project Study Report Equivalent (PSRE) was prepared and approved by OCTA in July 2012. The
report consists of alternative options and preliminary alignments, including potential utility,
environmental, and right - of—way impacts, and cost estimates. The purpose of the report is to
ensure appropriate consideration is given to the project benefits, impacts, and safety improvements
on a regional basis. The outcome of the PSRE resulted in three alternatives, and the undercrossing
of 17th Street at both the railroad corridor and Lincoln Avenue is the leading option at an estimated
cost of $55 million.
The next step in this project is to complete the technical studies and the environmental document.
After that is done, the project would become eligible for funding to complete the design engineering,
right -of —way acquisition, and construction phases.
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MOU for 17th Street Grade Separation
December 2, 2014
Page 2
To move forward with the technical studies and environmental document, staff recommends
approving the Memorandum of Understanding (MOU) with OCTA. The MOU specifies that OCTA
will be the lead for preparation of the Project Report Equivalent and Environmental Document
(PRE /ED), and the City will be the lead for the California Environmental Quality Act process.
OCTA will be engaging a consultant to complete the PRE/ED. The City will participate in project
meetings, provide design review and support to the consultant, and will review and approve the
PRE /ED.
STRATEGIC PLAN
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action. This project phase will be funded by OCTA
with Measure M2 sales tax and state and/or federal funds.
Executive Director
Public Works Agency
FMNVEG /JG
Exhibit 1: MOU
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EXHIBIT 1
MEMORANDUM OF UNDERSTANDING NO;C- 4.1772
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
SEVENTEENTH STREET GRADE SEPARATION PROJECT
The Following Memorandum of Understanding ( "MOU ") is effective 2014,
entered into by and between the Orange County Transportation Authority, 550 South Main Street,
PO. Box 14184, Orange, California 92862 -1584, a public corporation of the State of California
(hereinafter referred to as "AUTHORITY) and the City of Santa Ana, 20 Civic Center Plaza, Santa
Ana, California 92701 (hereinafter referred to as "CITY ") with regard to the following matters:
RECITALS:
WHEREAS, CITY and AUTHORITY wish to define roles and responsibilities to prepare
Project Report Equivalent and Environmental Document (PRE/ED) for the grade separation at the
17�h Street grade crossing along the Los Angeles -San Diego -San Luis Obispo (LOSSAN) corridor as
defined in the Exhibit A, "Project Description, Seventeenth Street Grade Separation Project"
(hereinafter referred to as "PROJECT ").
WHEREAS, AUTHORITY agrees to take the lead on the preparation of the PRE /ED for the
PROJECT; and
WHEREAS, the CITY is the lead agency for the California Environmental Quality Act (CEOA)
and the California Department of Transportation (Caltrans) is the lead agency for the National
Environmental Protection Act (NEPA) for the PROJECT; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
Page 1 of 5
2501-3
MEMORANDUM OF UNDERSTANDING NO. CA -1772
7 ARTICLE 1. COMPLETE AGREEMENT
2 This MOU, including all exhibits and documents incorporated herein and made applicable by
s reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the
4 agreement between AUTHORITY and CITY and it supersedes all prior representations,
s understandings and communications. The invalidity in whole or part of any term or condition of this
G Agreement shall not affect the validity of other terms or conditions.
7 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
a AUTHORITY agrees to the following:
9 A. AUTHORITY agrees to take the lead on the preparation of the PRE /ED documents for the
ro PROJECT.
n B. AUTHORITY agrees to submit PRE /ED to CITY for review and approval for the PROJECT,
12 ARTICLE & RESPONSIBILITIES OF CITY
13 CITY agrees to the following:
74 A. CITY agrees to attend Project Development Team, environmental, .design, and public.
15 Outreach meetings for the PROJECT.
16 R CITY agrees to provide design review support and approval, including but not limited to,
17 geometrics, construction staging, traffic management plan, right -of -way, utilities, and drainage for the
is PROJECT.
is C. CITY agrees to take the lead to complete and file the Statutorily Exemption (SE) form forthe
20 PROJECT.
21 D. CITY agrees to assist in providing input and support necessary to complete the Categorical
22 Exclusion (CE) and studies for the PROJECT.
23 E. CITY agrees to review, approve, and sign the PRE /ED prepared by AUTHORITY for the
24 PROJECT.
25 ARTICLE 4, DELEGATED AUTHORITY
26 The actions required to be taken by CITY in the implementation of this MOU are delegated to
Page 2 of 5
2501-4
MEMORANDUM OF UNDERSTANDING NO. C -4 -1772
I its City Manager, or his /her designee, and the actions required to be taken by AUTHORITY in the
2 implementation for this MOU are delegated to its Chief Executive Officer, or his designee.
3 ARTICLE 7. ADDITIONAL PROVISIONS
4 The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT:
5 A. Term of A reement — All work under this MOU shall be completed no later than November
6 30, 2018, unless terminated earlier, or extended, by mutual written consent by both Parties.
7 B. This MOU may only be modified or amended In writing. All modifications, amendments,
8 changes and revisions of this MOU in whole or part, and from time to time, shall be binding upon the
9 parties, so long as the same shall be in writing and executed by AUTHORITY and CITY.
Is C. This MOU shall be governed by and construed with the federal, state and local laws.
11 AUTHORITY and CITY warrant that in the performance of this MOU., it shall comply with all applicable
12 federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations
13 promulgated thereunder..
14 D. Either party shall be excused from performing its obligations under this Agreement during
is the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its
16 control, including but not limited tot any incidence of fire, flood; acts of God; commandeering of material,
17 products, plants or facilities by federal, state or local government; national fuel shortage; or a material
Is act or omission by any party; when satisfactory evidence of such cause is presented to that other party,
19 and provided further such nonperformance is unforeseeable, beyond the control and is not due to the
ZU fault or negligence of the party not performing.
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MEMORANDUM OF UNDERSTANDING NO. C- 4.1772
1 E. Any notice sent by first class mail, postage paid, to the address and addressee, shall be
2 deemed to have been given when in the ordinary course it would be delivered. The representatives of
3 the parties who are primarily responsible for the administration of this MOU, and to whom notices,
4 demands and communications shall be given are as follows:
s To CITY. To AUTHORITY:
6 City of Santa Ana Orange County Transportation Authority
7 20 Civic Center Plaza 550 South Main Street
g RO, Box 1988 P. 0, Box 14184
9 Santa Ana, CA 92701 Orange, CA 92883 -1584
10 Attention: Jason Gabriel, Principal Civil Attention: Bridget Carman, Senior Contract
it Engineer Administrator
12 E- mail :jgabriel @c,santa- ana.ca.us E -mail: bcarman @octa.net
13 Telephone: (714) 847 -5400 Telephone: (714) 580 -5478
14 If there are any changes in the above names and /or addresses, the party desiring to make
15 such change shall give a written notice to the other respective party within five (5) days of such
16 change.
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MEMORANDUM OF UNDERSTANDING NO, C -4 -9772
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding No. C -4 -1772 to be executed on the date first above written,
CITY OF SANTA ANA
By:
David Cavazos
City Manager
ATTEST:
By:
Maria D, Huizar
City Clerk
APPROVED AS TO FORM:
By: l .r
Sonia . Carvalho
City Attorney
Date: //_ 9 -0--I�
ORANGE COUNTY TRANSPORTATION
AUTHORITY
Darrell Johnson
Chief Executive Officer
APPROVED AS TO FORM:
By:
ennard R. Smart, r,
General Counsel
APPROVAL RECOMMENDED:
By
Jim Bell, P.E.
Executive Director, Capital Programs
ATTACHMENT: Exhibit A , "Project Description, Seventeenth Street Grade Separation Project"
Page 5 of 5
25D -7
MEMORANDUM OF UNDERSTANDING, NO. C4-1772
EXHIBIT A
PROJECT DESCRIPTION
PROJECT DESCRIPTION
Seventeenth Street Grade Separation Project
Seventeenth Street in the City of Santa Ana, is a major east -west arterial street that
crosses the LOSSAN rail corridor Metrolink tracks at an at -grade crossing adjacent to
the intersection with Lincoln Avenue. Seventeenth Street has an average daily vehicle
volume of 43,000, and the LOSSAN rail corridor has an average rail volume of 75 trains
per day. The project proposes to construct a highway -rail grade separation to improve
rail, roadway operation, and safety at this grade crossing.
Seventeenth Street Grade Separation Project Limits
The 17th Street at -grade crossing is at milepost (MP) 174.70 California Public Utilities
Commission (CPUC) Crossing No. 101OR- 174.70, Federal DOT Crossing No.
026699P, on the SCRRA Orange Subdivision tracks, located in the City of Santa Ana, in
the vicinity east of Interstate 5, and is operated and maintained by Metrolink with
operating rights by Amtrak and the BNSf- Railway (BNSF).
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