Agenda Item



††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ASR Control 20-000458




legal entity taking action:

Board of Supervisors

board of supervisors district(s):


SUBMITTING Agency/Department:

OC Public Works†† (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213



Nardy Khan (714) 647-3906



Subject: Approve Avenida La Pata Supplementary Road Fee Program Closure


†††† ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Resolution to Form

Consent Calendar



3 Votes Board Majority




††† Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A




††† Staffing Impact:


# of Positions:

Sole Source: N/A

††† Current Fiscal Year Revenue: N/A

Funding Source: N/A

County Audit in last 3 years: No



††† Prior Board Action: 2/4/2014 #S25C, 11/12/1991 #91, 9/13/1989 #89, 12/12/1978 #26






Adopt Resolution authorizing the closure of the Avenida La Pata Supplementary Road Fee Program and conclusion of participation in the San Clemente Regional Circulation Financing and Phasing Program.



Approve Closing Report and determine all unused fee credits and fee credit agreements null and void for the Avenida La Pata Supplementary Road Fee Program.



Direct Auditor-Controller to close Department Balance Sheet Account 158-080-158-0950-9120-M013.








Approving the Avenida La Pata Supplementary Road Fee Program closure and concluding participation in the San Clemente Regional Circulation Financing and Phasing Program will reduce the administrative maintenance costs for the Avenida La Pata Supplementary Road Fee Program as the project improvements to which it contributed have been completed.






Pursuant to Government Code Sections 50029, 66484.3 and California Constitution Article 11, Section 7, the Board of Supervisors (Board) adopted Section 7-9-316 of the Orange County Codified Ordinances on December 12, 1978, allowing for the establishment of Major Thoroughfare and Bridge Fee Programs (MT&B Programs). MT&B Programs require fees to be paid by developers as a condition of issuing new building permits for residential and non-residential development within a defined Area of Benefit (AOB).


On September 13, 1989, the Board adopted Resolution No. 89-1311, which approved Zone Change ZC 89-06P for the Rolling Hills Planned Community (RHPC) located within the unincorporated portion of the City of San Clementeís (City) Talega property. This approval included a condition requiring the developer to submit evidence of having entered into an agreement with the City and other property owners to pay a fair share of the cost of certain regional transportation improvements or evidence that the City had adopted a regional circulation and phasing program binding the developer to pay said fair share cost.


The Regional Circulation Financing and Phasing Program (RCFPP) was adopted by the City on April 5, 1989, under Ordinance No. 998 as a means of implementing its general plan circulation element and establishing a funding mechanism for certain major circulation improvements. One of the major off-site circulation improvements identified in the RCFPP was the construction of Avenida La Pata from Ortega Highway to the Cityís limits, the La Pata Improvements (Improvements).


In order to levy RCFPP fees on the RHPC development within the unincorporated area of the County of Orange (County), the Board adopted the Cityís RCFPP and the Avenida La Pata Supplementary Road Fee Program (Fee Program) on November 12, 1991, under Resolution No. 91-1341. The Fee Program was established as an overlay program to provide additional financing for the Improvements as it was anticipated to be underfunded by the RCFPP. Responsibilities for funding, design, construction and inspection of the Improvements were identified and agreed upon by the County and City on February 4, 2014, per Agreement D12-078. The responsibilities have since been satisfied and construction of the Improvements was completed on November 5, 2018.


Since the adoption of the Fee Program, approximately $15.494 million in road fee revenue, inclusive of the Cityís financial contributions, MT&B Program deposits and earned interest was paid to the Road Fund and applied to the construction costs of the Improvements. No remaining revenue is available to be recognized in the Fee Programís Department Balance Sheet Account. The Fee Programís projected revenue at the time of adoption was $8.547 million. Remaining development within the Fee Programís AOB is limited and nearly built out. The City supports the proposed recommended actions and will remain as the administrator of the RCFPP. Additionally, closing the Fee Program would relieve the County of the estimated $2,400 annual cost of ongoing monitoring and maintenance of the Fee Program, including the annual preparation and submission of balance sheet activity reports required by the State of California.


Upon Board adoption, copies of the Resolution and approved Closing Report will be provided to the City. Subsequent revisions to remove reference to the RCFPP and Fee Program within the Countyís Transportation Element of the General Plan, along with additional updates to the General Plan, will be presented to the County's Planning Commission and Board at a later date.


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 to a definite course of action in regard to a project since the action entails closing the Fee Program. This 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.














Attachment A - Avenida La Pata Supplementary Road Fee Program Location Map
Attachment B - Resolution
Attachment C - Closing Report
Attachment D - Government Code Section 50029 and 66484.3
Attachment E - California Constitution Article 11, Section 7