Agenda Item   



                                                                                                                        ASR Control  15-001715




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3, 5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Shane Silsby (714) 667-9700 



Khalid Bazmi (714) 667-3213



Subject:  Approve Cooperative Agreements for Oso Parkway Bridge and State Route 241


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form

Consent Calendar



3 Votes Board Majority




    Budgeted: Yes

Current Year Cost: N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: $100,000

  Funding Source: Road Fund 115: 100%

County Audit in last 3 years: No



    Prior Board Action: N/A






Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.



Approve Cooperative Agreement with Foothill/Eastern Transportation Corridor Agency which defines the parties’ respective rights and obligations with respect to preparation and adoption of the CEQA compliance documents and preparation of Plans, Specifications and Estimates for the Oso Parkway Bridge over State Route 241 Project, effective upon Board approval.



Authorize the Director of OC Public Works or designee to execute future amendment(s) to the Cooperative Agreement, provided those amendments would result in minor, non-substantive changes which do not create or increase a financial obligation on the part of the County.



Approve Freeway Agreement with the California Department of Transportation for State Route 241.







Approval of Cooperative Agreement with the Foothill/Eastern Transportation Corridor Agency and Freeway Agreement with the California Department of Transportation will support future construction of the Oso Parkway Bridge over State Route 241 and will close a gap in the mainline roadway providing a more efficient connection that will accommodate future increased vehicle trips in south Orange County.







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 Bridge over State Route 241 Project (Project) is to minimize through-intersection movements across the Oso Parkway ramp intersections to and from Los Patrones Parkway, improve the transportation infrastructure system, alleviate future traffic congestion, and improve mobility, access and future traffic demands on 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 generally to the south. The Foothill/Eastern Transportation Corridor Agency (F/ETCA) proposed Project will complete a gap in the mainline roadway between the southern terminus of State Route 241 (SR-241) toll road and the northern terminus of Los Patrones Parkway (also known as F Street), a total distance of 5,000 feet and construct an overcrossing bridge structure at Oso Parkway.


Los Patrones Parkway is a separate project with Rancho Mission Viejo as the lead and is currently in the final Plans, Specifications and Estimates (PS&E) stage.  Construction is scheduled for FY 2015-2016 and the roadway is proposed to open to traffic in 2017. Los Patrones Parkway is a planned connection between Oso Parkway and Cow Camp Road (approximately 4.6 miles).


The purpose of Cooperative Agreement D15-033 (Agreement) between F/ETCA and the County is to define the parties’ respective rights and obligations with respect to the first phase (Design Phase) of the Project which includes the preparation and adoption of the CEQA compliance documents and preparation of PS&E for the Project. Furthermore, the indemnification clause contained within the Agreement slightly deviates from standard indemnification language used for cooperative agreements, but has been reviewed and approved to form by County Counsel. County involvement during this initial phase is to be the CEQA lead agency for the project; review and approve the Project Report; and adopt and/or certify the CEQA compliance document prior to approval of Project Report in accordance with the PS&E developed by F/ETCA and concurred by the County. County shall invoice F/ETCA for County’s actual costs incurred for the services as described in the Agreement. The total amount of County revenue shall not exceed $100,000. County hourly staff rates shall be based on the current Board of Supervisors (Board) adopted Schedule of Fees (part of Attachment A). F/ETCA shall pay approved monthly invoices for actual work completed to date within thirty days of receipt.


F/ETCA approved this Agreement at their Board meeting on December 10, 2015. The motion for approval passed on a 12 to 2 vote.


County and F/ETCA shall negotiate in good faith to enter into a separate cooperative agreement that addresses the construction management of the Project at a later date and return to your Board for consideration and potential approval.


In addition, a Freeway Agreement with the California Department of Transportation (Caltrans) for SR-241 is required to document the understanding between Caltrans and the County relating to the planned traffic circulation features of the freeway facility.  This Freeway Agreement must be in place in order to obtain a state encroachment permit for the construction of the Los Patrones Parkway Project. Freeway Agreement MA-080-16011316 is a state route specific agreement that covers the entire SR-241.


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. 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.






Services are provided by the County using existing staff. The initial costs will be absorbed within the current budget. Appropriations for this Agreement are included in the FY 2015-16 Adopted Budget. Revenue reimbursement for actual services provided will be received. The Agreement includes a provision stating that a party may submit a written request to execute a cooperative agreement closure statement to the other party at any time.










Attachment A - Cooperative Agreement D15-033
Attachment B - Freeway Agreement MA-080-16011316
Attachment C - Project Location Map