AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 19-000471
MEETING DATE:	07/28/20
legal entity taking action:	Orange County Flood Control District
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Khalid Bazmi (714) 667-3218
	Nardy Khan (714) 647-3906

Subject: Approve Agreement with City of Laguna Beach

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $45,000

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Approve and execute the Agreement between the Orange County Flood Control District and City of Laguna Beach to establish terms and conditions to accommodate the installation, operation and maintenance of two private bridge structures for utilities and personnel to cross over segments of Laguna Canyon Channel in the City of Laguna Beach.

Authorize the OC Public Works Director or designee to take any actions necessary to carry out the terms in the proposed Agreement and execute other documents necessary for its implementation and subsequent amendments for non-monetary changes and monetary changes that do not increase the Orange County Flood Control District's costs by more than $50,000 per fiscal year.

Authorize the Auditor-Controller, upon notification from OC Public Works, to issue a $45,000 payment to the City of Laguna Beach toward completion of installation of two private bridge structures and to make other payments, issue checks or invoices in accordance with the Agreement between the Orange County Flood Control District and City of Laguna Beach.

SUMMARY:

Approval of the Agreement between the Orange County Flood Control District and the City of Laguna Beach will enable the City of Laguna Beach to improve public parking and accessways over and around segments of Laguna Canyon Channel and complete flood protection work that benefits the residents of the County of Orange.

BACKGROUND INFORMATION:

The City of Laguna Beach (City) has undertaken two public works improvement projects that impact portions of a regional flood facility commonly known as the Laguna Canyon Channel Facility I02 (Channel): the Laguna Canyon Channel Improvements Project and the Laguna Beach Village Entrance Project (collectively Projects). These impacted segments of the Channel are owned and operated by the Orange County Flood Control District (District). On May 15, 2019, the City adopted Final Mitigated Negative Declaration SCH 2019039031 (FMND) for its Laguna Canyon Channel Improvements Project that includes demolition and reconstruction of a Channel transition structure at Beach Street and replacement of existing District fencing with the installation of a decorative City fence. On December 13, 2017, the City adopted FMND SCH 2017101049 for its Laguna Beach Village Entrance Project, including improvements in, on and over the Channel at Forest Avenue with replacement of a vehicular bridge, refurbishment of a pedestrian bridge, construction of a new bridge crossing, widening of sidewalk and replacement of an existing segment of District fencing with a more aesthetic City fence, plantings and installation of nine water quality basins with entry points into the Channel.

OC Public Works has reviewed the City’s plans associated with these Projects and found them acceptable, provided the City constructs the related Channel improvements per plans approved under their associated permits and the City agrees to assume ongoing maintenance, operation and responsibility for the City fencing and other City installations. OC Public Works and the City have prepared Cooperative Agreement MA-080-20010251 (Agreement) and request Board of Supervisors (Board) approval.

Upon Board approval of the Agreement, the City will be able to complete its planned public works Projects that benefit the general public through the installation of bridges, walkways and decorative fencing in, on and around the Channel. The Agreement also establishes that the City would be responsible for ownership, operation and maintenance of these City installations. The Agreement also includes terms whereby the District acknowledges benefits it would receive from the City’s completion of these Projects. Benefits to the District will include reconstruction of certain Channel features, increased maintenance access and relief of ownership, operation and maintenance of District fence. The District's fair share of cost is estimated to be $45,000.

Approval of the Agreement and the proposed delegated authority in the recommended actions would further establish a process where the Director of OC Public Works (Director) or designee may execute documents with District cost-sharing obligations in accordance with the terms of the Agreement and enable the Director to make subsequent amendments for non-monetary changes and monetary changes that do not increase the District costs by more than $50,000 per fiscal year. This authorization will allow the City and the District to more efficiently and effectively collaborate on activities in, on and around the Channel and enable each party to fulfil their respective obligations through joint operations that would minimize interruptions to the public by the parties sharing related costs, paying or reimbursing the other accordingly.

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County of Orange to a definite course of action in regard to a project since the action pertains to an agreement setting terms for the City’s ownership, operation and maintenance of the City’s project. The City studied the environmental effects of its project in Final Mitigated Negative Declarations SCH 2019039031 and SCH 2017101049. The proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for implementation of this Agreement are included in the FY 2020-21 Budget for OC Flood, Fund 400. The Agreement establishes that District shall pay the City $45,000 within 30 days of receipt of an invoice for a one-time contribution towards the City’s installations, or an amount equal to the City’s cost to replace District fencing with new City fencing that the City will then operate and maintain at $20 per linear foot. The exact contribution shall be calculated by measuring the newly installed City fencing once it has been installed in accordance with the related permits.

Upon approval of the Agreement and proposed delegated authorities, the Director may execute documents with District cost-sharing obligations in accordance with the terms of the Agreement. Accordingly, the Auditor-Controller would be notified to issue payments, not exceeding $50,000 cumulatively in any fiscal year, or invoices pursuant to the Agreement and the recommended actions from OC Flood, Fund 400. Financial impacts to the District from implementation of the Agreement, with the recommended actions as presented, potentially include $50,000 in expenses within a fiscal year and $50,000 in income within a fiscal year as a cost share reimbursement paid by the City to the District for costs incurred to remove and replace segments of the City’s aesthetic fence, which is to be done at the City’s cost.

In the event of City’s breach of its obligations, the District shall provide written notification to the City of such breach and City shall have 20 days after receipt of written notification to begin work to cure said breach. If the City fails to cure said breach within the 20-day period or if the District and City do not otherwise resolve the matter, the District may, at its sole description, terminate the Agreement.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Location Map
Attachment B - Agreement MA-080-20010251
Attachment C - Final Mitigated Negative Declaration SCH 2019039031 and Mitigated Negative Declaration SCH 2017101049