AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000859
MEETING DATE:	12/07/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Kevin Onuma (714) 647-3939
	Nardy Khan (714) 647-3906

Subject: Approve Amendment 6 to Cooperative Agreement for Oso Parkway Bridge Project

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

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: 3/28/2017 #30, 2/9/2016 #8, 10/24/2006 #35, 11/8/2004 #1

RECOMMENDED ACTION(S):

Approve Amendment 6 to Cooperative Agreement between the County of Orange and Foothill/Eastern Transportation Corridor Agency for the Oso Parkway Bridge Project.

SUMMARY:

Approval of Amendment 6 to Cooperative Agreement between the County of Orange and Foothill/Eastern Transportation Corridor Agency will support closing a gap in the mainline roadway system by providing an efficient transportation connection that will mitigate forecasted deficiencies and congestion in south Orange County.

BACKGROUND INFORMATION:

Transportation infrastructure improvements are necessary to address mobility, access and arterial congestion in south Orange County. Arterial congestion is anticipated as a result of future traffic demands, which will be generated by projected increases in population, employment, housing, as well as intra- and inter-regional travel estimated by the Southern California Association of Governments. The purpose of the Oso Parkway (Oso) Bridge on State Route 241 (SR-241) Project (Project) is to minimize SR-241 through-intersection movements across the Oso ramp intersections to and from Los Patrones Parkway (LPP), improve the transportation infrastructure system, reduce future traffic congestion and improve mobility access for the arterial network in south Orange County.

The Project site is located in the southern part of unincorporated Orange County, with the City of Mission Viejo to the west, the City of Rancho Santa Margarita to the north and the City of San Juan Capistrano to the south. The Foothill/Eastern Transportation Corridor Agency (F/ETCA) proposed Project has completed a gap in the mainline roadway system between the southern terminus of SR-241 toll road and the northern terminus of LPP (previously known as F Street), a total distance of 5,000 feet and constructed a bridge for Oso to overcross SR-241.

On November 8, 2004, the Board of Supervisors (Board) approved Final Environmental Impact Report (FEIR) No. 589 that addressed the potential environmental impacts associated with the Ranch Plan Planned Community.

On October 24, 2006, the Board approved FEIR No. 584 that addressed potential environmental effects associated with the Southern Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan Project.

On February 9, 2016, the Board approved Cooperative Agreement 015-033 (Co-op Agreement) between the County and F/ETCA. This Co-op Agreement defined the parties' respective rights and obligations with respect to the design phase of the Project, which included the preparation and adoption of the CEQA compliance documents and preparation of the Plans, Specifications and Estimate (PS&E) for the Project. County involvement during the first phase was to: 1) be the CEQA lead agency for the Project; 2) certify the CEQA compliance document in accordance with the developed PS&E; and 3) review and approve the Project Report and PS&E.

On March 28, 2017, the Board approved Cooperative Agreement MA-080-17011145 (Agreement) between the County and F/ETCA. The Board also delegated authority to the Director of OC Public Works or designee to execute future amendments to the Agreement, provided those amendments would result in minor, non-substantive changes which do not create or increase a financial obligation on behalf of the County. The Agreement defined parties’ respective rights and obligations with respect to advertising, awarding and administering the Project.

On December 14, 2017, Amendment No. 1 to the Agreement was executed by the Director of OC Public Works via delegated authority, which replaced the indemnification clauses.

On December 17, 2020, Amendment No. 2 to the Agreement was executed by the Director of OC Public Works via delegated authority, which allowed the Project to open to public use prior to 100 percent completion.

Amendment Nos. 3, 4 and 5 to the Agreement were executed by the Director of OC Public Works via delegated authority, which increased F/ETCA’s financial obligation towards the Project. The amendments were approved March 28, 2021, June 29, 2021, and September 9, 2021, respectively.

OC Public Works is recommending the Board approve Amendment 6 to the Agreement allowing the County to retain title to the County right-of-way (ROW) and eliminate the County’s obligation to transfer County ROW to F/ETCA. Additionally, this amendment will update the County’s and F/ETCA’s personnel contact information.

Compliance with CEQA: The proposed action is a necessarily included element of the Project considered in FEIR Nos. 584 (Southern Subregion Natural Community Conservation Plan/ Master Streambed Alteration Agreement/Habitat Conservation Plan) and 589 (Ranch Plan General Plan Amendment/Zone Change/Development Agreement), which were certified by the Board on October 24, 2006, and November 8, 2004, respectively, as well as Addendum IP No. 15-252 for the Project, approved by the County Engineer/Assistant Director of OC Public Works on June 10, 2016, which collectively adequately addressed the effects of the Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project that was not known or could not have been known when the FEIR Nos. 584 and 589 were certified and Addendum IP No. 15-252 was approved have become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

The original Agreement provides reimbursement to the County for direct labor with respect to providing advertising, awarding and administering services and construction costs incurred in support of the Project with F/ETCA providing 100 percent of the funding.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment 6 to Cooperative Agreement No. MA-080-17011145 with Foothill/Eastern Transportation Corridor Agency
Attachment B - Redline to Amendment to Cooperative Agreement MA-080-17011145 with Foothill/Eastern Transportation Corridor Agency