AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 20-001198
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
	Kevin Onuma (714) 647-3939

Subject: Approve Cow Camp Road and Ortega Highway Agreements

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: No

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No

Prior Board Action: 4/12/2016 #23, 10/24/2006 #35, 11/8/2004 #1

RECOMMENDED ACTION(S):

Approve the Cooperative Agreement with the State of California Department of Transportation and the County of Orange for Plans, Specifications and Estimate and Right-of-Way for the Cow Camp Road Segment 2 - Ortega Highway Interchange Project, effective June 22, 2021.

Authorize the Director of OC Public Works or designee to execute future amendments to the Agreement with the State of California Department of Transportation, 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.

Approve the First Amendment to the Agreement with RMV Community Development, LLC for the Cow Camp Road Segment 2 – Ortega Highway Interchange Project effective June 22, 2021.

SUMMARY:

Approval of the Cooperative Agreement with the State of California Department of Transportation and the First Amendment to the Agreement with RMV Community Development, LLC will support future construction phases of Cow Camp Road Segment 2 and the Ortega Highway Project 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.

BACKGROUND INFORMATION:

On April 12, 2016, the Board of Supervisors (Board) approved Agreement No. MA-080-16011447 (Agreement) with RMV Community Development, LLC (RMV) for the distribution of Orange County Transportation Authority (OCTA) Measure M2 (M2) funds. The future Cow Camp Road (CCR) will connect with the existing Ortega Highway State Route 74 (Ortega) within the jurisdiction of the State of California Department of Transportation (Caltrans).

The County of Orange (County) in partnership with RMV, secured a $3.25 million M2 grant funded by OCTA for design and engineering of the CCR Segment 2 Project (Project) between Los Patrones Parkway and Ortega. The Project will close a gap in the mainline roadway providing a more efficient connection that will accommodate future increased vehicle trips in south Orange County.

A Cooperative Agreement between the County and Caltrans is required to facilitate the permit review and to identify each party’s project obligations. The design and construction of the Project will require a Caltrans encroachment permit. Caltrans permit fees will be waived as the County, a public agency, is the permit applicant. The engineering design of the roundabout will be completed by RMV pursuant to the approved Agreement.

The First Amendment to the Agreement (Amendment) with RMV provides for reimbursement to the County from RMV for costs associated with securing the encroachment permit, including any future costs associated with easement transfers, plan review and other related costs. Through the Amendment, RMV also agrees to provide any easements to the County that may be required to meet requirements of the Cooperative Agreement and/or the encroachment permit.

OC Public Works is recommending the Board approve the Cooperative Agreement MA-080-21011581 with Caltrans for Plans, Specifications and Estimate and Right-of-Way improvements to the Project and authorize the Director of OC Public Works or designee to execute future amendments to the Cooperative Agreement with Caltrans, 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.

OC Public Works is also recommending the Board approve the Amendment to the Agreement with RMV for the Project to allow for the reimbursement to the County by RMV for costs related to the Caltrans encroachment permit and to all for the provision of required easements from RMV to the County.

The agreements are coming to the Board less than 30 days before their commencement due to additional negotiation time required with the agencies.

Compliance with CEQA: The proposed action is a necessarily included element of the projects considered in Final Environmental Impact Report (EIR) 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; and Addendum IP 08-338 for Cow Camp Road and Ancillary Infrastructure Improvements, which was approved by the Director of OC Public Works on November 13, 2008. The previously approved CEQA documents adequately addressed the effects of the proposed action. 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 EIR Nos. 584, 589 and Addendum IP 08-338 were certified and approved have become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

All costs related to securing the Caltrans encroachment permit, including design reviews and easement transfers will be fully reimbursed by RMV and coordinated through Trust Account CT000757.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Cooperative Agreement MA-080-21011581 with California Department of Transportation
Attachment B - First Amendment to Agreement No. MA-080-16011447 with RMV Community Development, LLC
Attachment C - Redline to Agreement No. MA-080-16011447 with RMV Community Development, LLC
Attachment D - Project Location Map