Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000576

 

MEETING DATE:

08/09/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

4

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Nardy Khan (714) 647-3906 

 

 

Catherine Lapid (714) 667-9690

 

 

Subject:  Adopt Resolution and Approve Agreement for Orangethorpe Avenue Improvement

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

4/5 Vote

 

 

 

    Budgeted: Yes

Current Year Cost: $1,000,000

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 115: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the Orangethorpe Avenue Improvement Project is Categorically Exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines Sections 15301.

 

2.

Adopt a Resolution, pursuant to California Streets and Highway Code Section 1680-1684, to find an extension of County of Orange financial aid to the City of Fullerton in furtherance of its Orangethorpe Avenue Improvement Project for rehabilitation of a segment of Orangethorpe Avenue, is of general County of Orange interest, as the thoroughfare is a right-of-way that serves regional intercity traffic.

 

 

3.

Approve the Agreement with the City of Fullerton for the Orangethorpe Avenue Improvement Project, to set forth the terms and conditions for County of Orange financial aid contribution, with a maximum payment obligation of $1,000,000 and to commence upon satisfaction of the terms set forth therein.

 

 

4.

Direct Auditor-Controller to issue payment to the City of Fullerton in accordance with the terms and conditions of the Agreement with the City of Fullerton for the Orangethorpe Avenue Improvement Project.

 

 

5.

Authorize the Director of OC Public Works or designee to carry out the terms of the Agreement with the City of Fullerton for the Orangethorpe Avenue Improvement Project.

 

 

 

 

 

SUMMARY:

 

Adoption of the Resolution and approval of the Agreement with the City of Fullerton for the Orangethorpe Avenue Improvement Project will enable the County of Orange to provide financial aid to City of Fullerton for rehabilitation of a segment of Orangethorpe Avenue that serves regional and local traffic needs while improving connectivity for residents and businesses throughout Northern Orange County.

 

 

 

BACKGROUND INFORMATION:

 

On December 14, 2021, the City of Fullerton (City), as the lead agency of the Orangethorpe Avenue Improvement Project (Project) under CEQA, filed a Notice of Exemption with the OC Clerk-Recorder. The Project was determined by the City to be Categorically Exempt from CEQA pursuant to Section 15301 (Class 1) of the CEQA Guidelines because the exemption provides for repair, maintenance and rehabilitation of an existing public facility, a segment of Orangethorpe Avenue between Harbor Boulevard and Lemon Street (Project Area), with negligible or no expansion of existing use. The Project includes pavement reconstruction, driveway approach reconstruction for compliance with the Americans with Disabilities Act (ADA), Title 42 U.S.C, § 12101 et seq., repair of damaged curb, gutter and sidewalk, construction of missing sidewalk, concrete bus pads, pedestrian push button upgrades for ADA compliance, sewer manhole and water valve adjustments and roadway signage and striping. Orangethorpe Avenue is a significant thoroughfare within the County of Orange’s (County) arterial road network, connecting cities and freeways. The road segment within the Project Area at times serves as an alternative route for State Route 91 and State Route 57 and provides access to a Fullerton Park and Ride.

 

OC Public Works recommends that the Board of Supervisors (Board) adopt a Resolution by four-fifths vote of its members present to authorize County contributions to extend financial aid to the Project, per California Street and Highway Code (Code), Sections 1680-1684, finding the Project is of general County interest as the Project supports ADA-compliant right-of-way and improves connectivity for local residents and businesses throughout the County’s northern region.

 

Upon Board adoption of the Resolution, OC Public Works proposes that the Board execute Agreement MA-080-22011920 (Agreement) with the City for the Project, which sets forth the terms for the County to contribute financial aid to the City for the Project, with the maximum payment obligation of $1 million.

 

Upon Board approval of the Agreement, the City is to invoice the County for a one-time lump sum payment of $1 million. Within 40 business days of County’s receipt of said invoice, a one-time lump sum payment in the amount of $1 million is to be made to the City, in accordance with the Agreement. Sixty days after the Project is completed, the City shall provide to the County an accounting of the funds used and return any remaining funds, if any, to the County in accordance with Section 1684. The Agreement further establishes that the City is solely responsible for the Project, including preparation of all studies, analyses and any documents necessary for legal and/or regulatory compliance, design, administration, construction, construction inspection and post-project ownership and maintenance of the Project.

 

Compliance with CEQA: The proposed action is Categorically Exempt (Class 1) from the provisions of CEQA, pursuant to CEQA Guidelines, Section 15301, because it provides financial aid for repair and maintenance of an existing public facility.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for the Agreement are included in the FY 2022-23 Budget for OC Road, Fund 115.

 

The proposed Agreement includes a provision stating the Agreement may only be terminated within five business days of Agreement execution by written notice to the City.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Project Location Map
Attachment B - Agreement MA-080-22011920
Attachment C - Resolution
Attachment D - Streets and Highways Code, Sections 1680-1684
Attachment E - Title 42, Sections 12101-12102