Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000915

 

MEETING DATE:

12/07/21

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Nardy Khan (714) 647-3906 

 

 

James Tyler (714) 667-3210

 

 

Subject:  Approve Agreement for Bluebird Canyon Outfall Diversion Project

 

      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: $197,700

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 400: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Make the following CEQA findings:

 

a.

The City of Laguna Beach as lead agency under CEQA for the Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project, adopted Final Mitigated Negative Declaration State Clearinghouse Number 2019079001 on August 8, 2019. The Orange County Flood Control District, as a responsible agency under CEQA Guidelines Section 15381, has reviewed and considered the Final Mitigated Negative Declaration prepared by the City of Laguna Beach and certifies that it has done so, pursuant to CEQA Guidelines Section 15050(b).

 

b.

There are no significant environmental effects within the jurisdiction of the Orange County Flood Control District, which require a finding on the part of the Orange County Flood Control District.

 

c.

The circumstances of the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project are substantially the same as described in the adopted Final Mitigated Negative Declaration State Clearinghouse Number 2019079001 and no substantial changes have been made in the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project, no substantial changes have occurred in the circumstances under which the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project is being undertaken and no new information of importance to the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project that was not known or could not have been known when the Final Mitigated Negative Declaration was adopted have become known.

 

d.

There are no feasible alternatives or feasible mitigation measures within the separate authority of the Orange County Flood Control District to impose, which would substantially lessen or avoid any significant effect the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project would have on the environment, pursuant to CEQA Guidelines Section 15096 (g)-(h).

 

e.

As a responsible agency, the Orange County Flood Control District is authorized, pursuant to CEQA Guidelines Section 15096, to rely on the adopted Final Mitigated Negative Declaration State Clearinghouse Number 2019079001 adopted by the City of Laguna Beach.

 

2.

Approve and execute the Agreement between the County of Orange and Orange County Flood Control District and the City of Laguna Beach to establish terms and conditions to enable the City of Laguna Beach to rehabilitate the Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project and upgrade the urban water diversion structure and transfer ownership and maintenance of the Bluebird Canyon Storm Drain Outfall to the City of Laguna Beach.

 

3.

Find that the property interest to be conveyed by the County of Orange and Orange County Flood Control District pursuant to the Agreement for the Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project between the Orange County Flood Control District and the City of Laguna Beach, is not required for the purposes of the County of Orange or Orange County Flood Control District.

 

4.

Authorize the OC Public Works Director or designee to take any actions necessary to carry out the terms in the proposed Agreement Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project, including executing the Quitclaim Deed on behalf of the County of Orange and Orange County Flood Control District and other documents necessary for its implementation and subsequent amendments for non-monetary changes.

 

5.

Authorize the Auditor-Controller, upon notification from OC Public Works, to issue a $197,700 payment to the City of Laguna Beach toward completion of City of Laguna Beach’s Bluebird Canyon Outfall Diversion Structure Rehabilitation Project and to make other payments, issue checks or invoices in accordance with the Agreement Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project between the County of Orange and the Orange County Flood Control District and the City of Laguna Beach.

 

 

 

 

SUMMARY:

 

Approval of the Agreement with the City of Laguna Beach will transfer ownership and maintenance of the Bluebird Canyon Storm Drain Outfall to the City of Laguna Beach and enable the City of Laguna Beach to rehabilitate the Bluebird Canyon Storm Drain Outfall and upgrade the urban water diversion structure for the benefit of the public.

 

 

 

BACKGROUND INFORMATION:

 

The City of Laguna Beach (City) proposes to undertake the Bluebird Canyon Outfall Diversion Structure Rehabilitation Project (Project) to upgrade the urban water diversion structure and to rehabilitate the Bluebird Canyon Outfall (Outfall), a storm water outfall located off Bluebird Canyon Drive, within the beach access area between 1585 South Coast Highway and 1601 South Coast Highway in the City. The Outfall was originally built by Orange County Flood Control District (District) in 1965 and has since been owned and maintained by the County of Orange (County) and the City, respectively. The City’s Project includes, among other things, demolition and reconstruction of a concrete headwall for the Outfall within the same footprint, colored to blend aesthetically with the surrounding environment and upgrades to the sub-regional storm water collection system (System) consisting of approximately 900 feet of 84-inch reinforced concrete pipe that discharges into the Pacific Ocean within the City and that serves a watershed area of approximately 402 acres.

 

OC Public Works’ review of the City’s Project plans found them acceptable as to the functioning of the System; however, the City’s proposed aesthetic treatment to the Outfall impacted the District and the County maintenance inspections and would have increased their ownership costs. Therefore, the County and City determined it in the best interest of the County and the District for the City to assume ownership and maintenance responsibilities for the Outfall post-Project and, accordingly, prepared attached Agreement MA-080-22010588 (Agreement) for the Project for Board of Supervisors (Board) approval. In the proposed Agreement, in return for the City accepting ownership of the Outfall, the District and the County agree to pay the City a one-time payment of nearly $197,700 (Cost-share) toward the Project. This Cost-share amount was based on an estimate of the District and the County’s savings from relinquishment of the Outfall to the City (i.e. approximately $53,490 in total ordinary maintenance expenditures over 25-year expected life of the Outfall and an additional $144,200 savings in expected capital maintenance expenses).

 

Approval of the Agreement and the delegated authority requested would further enable the Director of OC Public Works (Director) or designee to take any actions necessary to carry out the terms in the proposed Agreement, including executing a Quitclaim Deed in accordance with the Agreement for the transfer of the District and County’s interests in the Outfall to the City. The Board is also asked to delegate authority to the Director to enter into other documents necessary for Agreement implementation and subsequent amendments for non-monetary changes and to authorize the Auditor-Controller to pay the Cost-share and take other actions per the Agreement. Such authorizations will allow the parties to more efficiently and effectively collaborate on activities for the Project and enable each party to fulfil their respective obligations in ways that benefit the public.

 

Compliance with CEQA: The City, as lead agency under CEQA for this Project, adopted Final Mitigated Negative Declaration (MND) State Clearinghouse Number 2019079001 on August 8, 2019. The District, as responsible agency under CEQA Guidelines Section 15381, has reviewed and considered the adopted Final MND and has certified that it has done so. As a responsible agency, the District is authorized by CEQA Guidelines Section 15096 to rely on the adopted Final MND by the City.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Agreement are included in the FY 2021-22 Budget for OC Flood, Fund 400. The Agreement establishes that District shall pay the City the $197,700 Cost-share within 30 days of receipt of an invoice for a one-time contribution towards the City’s Project.

 

In the event of the City’s breach of its obligations, the Director shall provide written notification to the City of such breach and the 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 parties do not otherwise resolve the matter, the Director may, at his sole discretion, terminate the Agreement.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Agreement MA-080-22010588 for the Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project
Attachment B - Bluebird Canyon Outfall and Diversion Structure Rehabilitation Project, Mitigated Negative Declaration Number 2019079001
Attachment C - Conveyance Questionnaire
Attachment D - Project Location Map