Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  20-000649

 

MEETING DATE:

06/22/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Nardy Khan (714) 647-3906 

 

 

Ashley Penalver (714) 647-3996

 

 

Subject:  Approve Funding Assistance Agreement with the City of San Juan Capistrano

 

      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: FY 2021-22 $1,750,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 151: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 11/8/2004 #1

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Funding Assistance Agreement with the City of San Juan Capistrano to facilitate the transfer of South County Roadway Improvement Program funds committed for widening Ortega Highway within the City of San Juan Capistrano’s limits in amount not to exceed $1,750,000.

 

2.

Authorize the Director of Public Works or designee to execute future amendments to the Funding Assistance Agreement with the City of San Juan Capistrano provided those amendments would result in minor, non-substantive changes that do not create or increase a financial obligation on the part of the County of Orange.

 

 

 

 

SUMMARY:

 

Approval of the Funding Assistance Agreement with the City of San Juan Capistrano will authorize the transfer of funds from the South County Roadway Improvement Program to the City of San Juan Capistrano and support the preparation of the plans to widen Ortega Highway to improve traffic flow and reduce congestion.

 

 

 

BACKGROUND INFORMATION:

 

The California Department of Transportation (Caltrans), in coordination with the City of San Juan Capistrano (City) and the County of Orange (County), is proposing to widen Ortega Highway (Project), also known as State Route 74, within the City limits. To accommodate planned growth and development in the surrounding areas and relieve existing and future traffic congestion, the Project will consist of widening Ortega Highway from two lanes to four lanes from Calle Entradero to just east of the City/County boundary at Reata Road.

 

On November 8, 2004, the Board of Supervisors (Board) adopted the South County Roadway Improvement Program (SCRIP) to authorize the collection of funds from project applicants as tied to development milestones and apply them towards local and regional traffic system improvements. The Project is identified in the Rancho Mission Viejo (RMV) Development Agreement as one of the regional traffic system improvements to be constructed to mitigate traffic impacts related to the Ranch Plan. 

 

On May 4, 2020, the Orange County Transportation Authority (OCTA) Board of Directors recommended approval of the City’s grant application for the Project and allocated $5.25 million of Renewed Measure M funds towards the Project’s Plans, Specifications and Estimate (PS&E) phase. As required by OCTA’s Comprehensive Transportation Funding Programs' Guidelines, the City, as the local agency, is to match the grant funding in the amount of $1.75 million. As a Project partner and administrator of SCRIP, the County has agreed to transfer RMV's local match contribution to the City per the terms defined in the proposed Funding Assistance Agreement MA-080-21010094 (Agreement). The transfer of funding will assist the City and Caltrans with completing the Project’s PS&E phase while supporting a SCRIP goal to implement transportation improvements in a timely manner and maintain service goals/policies of the affected jurisdictions. 

 

OC Public Works is recommending the Board approve the Agreement with the City to facilitate the transfer of SCRIP funds committed for the Project within the City’s limits in an amount not to exceed $1.75 million and authorize the Director of Public Works or designee to execute future amendments to the Agreement provided those amendments would result in minor, non-substantive changes that do not create or increase a financial obligation on the part of the County.

 

CEQA Compliance: 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 is for the approval of an Agreement to authorize the transfer of funds to support the preparation of the plans to widen Ortega Highway to improve traffic flow and reduce congestion. 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.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for the Agreement are included in the FY 2021-22 Recommended Budget for SCRIP, Fund 151.

 

All indemnification provisions shall remain in effect until terminated or modified in writing by mutual agreement of the parties.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Location Map
Attachment B - Funding Assistance Agreement MA-080-21010094