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Agenda Item
ASR
Control 25-000493 |
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MEETING
DATE: |
09/23/25 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
1 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Kevin
Onuma (714) 647-3939 |
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Justin
Golliher (714) 667-1675 |
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Subject: Approve Design Agreement for
Westminster, East Garden Grove Project Reach 1
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: $1,500,000 |
Annual Cost: FY 2026-27 $2,000,000 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 3/28/2023 #8, 5/7/2019 #8, 9/25/2018
#14, 8/26/2003 #42 |
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RECOMMENDED
ACTION(S):
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1. |
Approve the Design Agreement with the
Department of the Army for the Westminster, East Garden Grove, CA Flood Risk
Management Project Reach 1, effective upon execution of all signatures, in an
anticipated amount of $10,000,000, which includes the Department of the
Army’s 65 percent cost share estimated at $6,500,000 and the County of Orange
and Orange County Flood Control District’s 35 percent cost share estimated at
$3,500,000. |
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2. |
Authorize the Director of OC Public
Works or designee to execute the Design Agreement with the Department of the
Army for the Westminster, East Garden Grove, CA Flood Risk Management Project
Reach 1 with minor modifications provided by the Army Corps of Engineers,
provided those modifications would result in non-substantive changes that do
not create or increase a financial obligation on the part of the County of
Orange or Orange County Flood Control District. |
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3. |
Authorize the Director of OC Public
Works or designee to execute amendments to the Design Agreement with the
Department of the Army for the Westminster, East Garden Grove, CA Flood Risk
Management Project Reach 1, for betterments or additional work in a cumulative
amount not to exceed $200,000. |
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4. |
Authorize the County Counsel or designee
to execute the Certificate of Authority to enter into the Design Agreement
with the Department of the Army for the Westminster, East Garden Grove, CA
Flood Risk Management Project Reach 1. |
SUMMARY:
Approval of the Design Agreement
for the Westminster, East Garden Grove, CA Flood Risk Management Project Reach
1 will further the development of a design to increase flood protection and
reduce flood risk within Orange County.
BACKGROUND
INFORMATION:
The Department of the Army, United States
Army Corps of Engineers (Corps), in collaboration with local sponsors,
undertakes studies to develop recommendations for water resource-related
infrastructure projects. These efforts proceed in three phases: reconnaissance
study, feasibility study and construction.
In August 2000, pursuant to the Water
Resources Development Act (WRDA) of 1986, as amended (33 U.S Code §2213),
Congress directed the Corps to prepare a reconnaissance report for
approximately 74 square miles of watershed in northwestern Orange County, known
as the Westminster Watershed. The reconnaissance report identified flood risk
management challenges warranting federal involvement. As a result, the Corps,
in collaboration with the Orange County Flood Control District (District) and
the County of Orange (County), prepared a Project Management Plan for a
detailed Feasibility Study, which focused on improving flood risk management
for four major channel systems, including the East Garden Grove-Wintersburg
Channel (C05).
Prior Board of Supervisors (Board) actions
are summarized in the table below.
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Board
Dates |
Actions |
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8/26/2003 |
Approved Agreement D03-061, initiating
the Westminster Watershed Feasibility Study (Study) to identify flood
protection alternatives that contain the 100-year floodplain. |
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9/25/2018 |
Approved Amendment No. 1 to Agreement
D03-061 to incorporate supplemental federal funding and expedite Study
completion. |
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5/7/2019 |
Approved a Memorandum of Understanding
(MOU) with the Corps to enable District-led improvements to C05 reaches to be
eligible for in-kind credit under the anticipated Project Partnership
Agreement (PPA). |
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3/28/2023 |
Adopted Resolution No. 23-019 certifying
Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR)
No. 631; adopted the Statement of Facts, Findings and Statement of Overriding
Considerations; adopted the Mitigation Monitoring and Reporting Program; and
approved the Westminster East Garden Grove Flood Risk Management Study –
Locally Preferred Plan reflected in Final EIS/EIR No. 631. |
Final EIS/EIR No. 631 evaluated two
alternatives to address flood risk:
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National Economic Development Plan (NED) |
Involves minimal channel modifications
such as channel lining and nonstructural improvements to remove impediments
to flow. However, implementation of the NED alone does not meet the
District’s objective of containing the One Percent Annual Chance of Exceedance
(ACE) storm event, leaving many homes and businesses within the remaining
floodplain. |
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Locally Preferred Plan (LPP) |
Involves maximum channel modifications
by altering geometry of existing drainage channels to improve capacity and
flow and meet the District’s flood reduction goals. The LPP aligns with the
NED for certain channel segments, including along Reach 1 of C05, but
provides more comprehensive flood protection. |
Congress authorized the LPP as part of
WRDA 2020, and the LPP was approved in the Corps, Chief of Engineers Report,
signed July 9, 2020, and signed by the President of the United States as part
of the Omnibus Bill, December 2020.
The Westminster, East Garden Grove, CA
Flood Risk Management Project Reach 1 (Project) is eligible for 65 percent
federal cost share for construction, contingent upon authorization through a
future Project Partnership Agreement (PPA) with the Corps. Before a PPA can be
approved, the Corps is prepared to initiate the pre-construction engineering
and design phase using funds that have already been appropriated by Congress
and included in the Corps’ approved budget.
To proceed, the County and District must
execute the Design Agreement with the Corps, which outlines the terms and scope
of the design phase, consistent with both the NED and LPP.
OC Public Works is recommending the Board
approve the Design Agreement with the Corps for the Project, effective upon
execution of all signatures, in the anticipated amount of $10 million. This
includes the Corps’ 65 percent cost share estimated at $6.5 million and the
County and District’s 35 percent cost share estimated at $3.5 million, which
will be funded by the District. OC Public Works also recommends the Board
delegate authority to the County Counsel or designee to execute the Certificate
of Authority and the Director of OC Public Works or designee to execute
amendments to the Design Agreement, for betterments or additional work in a
cumulative amount not to exceed $200,000.
Compliance
with CEQA: This
project is a necessarily included element of the project considered in Final
EIS/EIR No. 631 for the Westminster, East Garden Grove Flood Risk Management
Study, certified by the Board on March 28, 2023, which adequately addressed the
effects of the proposed 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 which was not known or could not have been known when
the Final EIS/EIR No. 631 was certified and the Mitigation Monitoring and
Reporting Program was adopted; therefore no further environmental review is
required.
FINANCIAL
IMPACT:
Appropriations for this Agreement
are included in Fund 401, OC Flood, FY 2025-26 Budget, and will be included in
the budgeting process for future years.
The Agreement includes the following
provisions related to suspension and termination:
If the County or District fails to
fulfill its obligations under the Agreement, the Corps may suspend or terminate
the design work. Additionally, if federal funds become insufficient to complete
the design, the Corps is required to notify the County/District in writing
within 30 calendar days. Once those funds are exhausted, design activities will
be suspended until adequate federal and non-federal funding is available to
resume work. In the event of termination, both parties must complete their
respective responsibilities and conduct a financial reconciliation. To address
potential costs associated with termination, the Corps may reserve a portion of
the available funds as a contingency.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Design Agreement
Attachment B - Certificate of Authority
Attachment C - 33 U.S. Code Section 2213