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Agenda Item
ASR
Control 16-000703 |
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MEETING DATE: |
06/28/16 |
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legal entity taking action: |
Orange County Flood Control District |
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board of supervisors
district(s): |
1, 2, 3, 4 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Shane Silsby (714) 667-9700 |
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Nardy Khan (714) 647-3906 |
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Subject: Interstate 405 Widening
Project Cooperative Agreement and Delegated Authority
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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4/5 Vote |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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1. |
Make the following CEQA findings: |
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a. |
The State of California Department of Transportation, as lead agency under CEQA for the Interstate-405 Widening Project, has certified the Final/Environmental Impact Statement and Supplemental Environmental Impact Report - EA: 0H1000 on May 15, 2015. The Orange County Flood Control District, as a responsible agency under CEQA Guidelines Section 15381, has reviewed and considered the Environmental Impact Report - EA: 0H1000 prepared by the State of California Department of Transportation, and certifies that it has done so, pursuant to CEQA Guidelines Section 15050(b). |
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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. |
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c. |
The circumstances of the Interstate-405 Widening Project are substantially the same as described in the Environmental Impact Report EA: 0H1000 and no substantial changes have been made in the subject Agreement for the Interstate-405 Widening Project; no substantial changes have occurred in the circumstances under which the Interstate-405 Widening Project is being undertaken; and no new information of importance to the Interstate-405 Widening Project, which was not known or could not have been known when the previous Environmental Impact Report EA: 0H1000 was certified have become known. |
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d. |
Adoption and implementation of those feasible mitigation measures related to those aspects of the Interstate-405 Widening Project are within the separate authority of the Orange County Flood Control District pursuant to CEQA Guidelines Section 15096 (g)-(h). As a responsible agency, the Orange County Flood Control District is authorized, pursuant to Guidelines Section 15096, to rely on the Environmental Impact Report EA: 0H1000 certified by the State of California Department of Transportation. |
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2. |
Adopt and implement those feasible mitigation measures related to those aspects of the Interstate-405 Widening Project, if any, that are within its separate authority, pursuant to Guidelines 15096 (g)-(h). |
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3. |
Approve Cooperative Agreement between the Orange County Flood Control District and the Orange County Transportation Authority, with deeds and license attached thereto, in order for the Orange County Transportation Authority to acquire and convey to the Orange County Flood Control District property rights, justly compensate Orange County Flood Control District and make certain improvements to the Orange County Flood Control District flood control channels and facilities to accommodate the Interstate-405 Improvement Project, at no cost to the Orange County Flood Control District, with the exception of certain improvements to Ocean View Channel. |
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4. |
Authorize the Director of OC Public Works or designee to accept, on behalf of the Orange County Flood Control District, right-of-way, property rights and interests in furtherance of the Interstate-405 Widening Project pursuant to the terms of the Cooperative Agreement. |
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5. |
Find that property interest conveyances by Orange County Flood Control District in furtherance of the Interstate-405 Widening Project conveyed pursuant to the terms of the Cooperative Agreement will not unreasonably interfere with the purposes of the Orange County Flood Control District. |
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6. |
Authorize the Director of OC Public Works or designee to convey, on behalf of the Orange County Flood Control District, right-of-way, property rights and interests in furtherance of the Interstate-405 Widening Project in an amount not-to-exceed a cumulative value of $1,500,000 in any fiscal year when the following pre-requisites are met: |
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a. |
The purchase price, including all associated compensation to the Orange County Flood Control District for the transaction, has been approved by the Chief Real Estate Officer or designee; |
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b. |
The legal description and depiction are deemed acceptable to OC Public Works' Right-of-Way Services division |
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c. |
Orange County Transportation Authority acknowledges sole responsibility for all costs and expenses related to the proposed transaction to ensure the Orange County Flood Control District shall not bear said costs; and, |
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d. |
All other prerequisites to the Orange County Flood Control District's conveyance in the Cooperative Agreement have been satisfied. |
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7. |
Authorize the Auditor-Controller, upon notification from OC Public Works, to issue checks or invoices in accordance with the Cooperative Agreement. |
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8. |
Authorize the Director of OC Public Works or designee to carry out the terms of the Cooperative Agreement, including authority to execute and accept the deeds and license substantially in the forms attached to the Cooperative Agreement, when pertinent conditions of the Cooperative Agreement have been met, to sign all escrow documents, including minor modifications that do not materially alter the terms or financial obligations of the Orange County Flood Control District, and to carry out the terms of the Cooperative Agreement, the deeds and license when each becomes effective. |
SUMMARY:
Approval of the Cooperative Agreement between the Orange County Transportation Authority and the Orange County Flood Control District with delegated authority to efficiently address design-build conceptual changes will enable completion of design and construction services to facilitate the widening of Interstate-405 to reduce traffic congestion for Orange County commuters and improve impacted drainage facilities supporting flood protection for the residents of Orange County.
BACKGROUND INFORMATION:
The Orange County Transportation Authority (OCTA), in partnership with the California Department of Transportation (Caltrans), proposes to widen Interstate-405 (I-405) between State Route 73 and Interstate-605 within the limits shown on the attached Location Map (Attachment D). The Interstate-405 Widening Project (Project) work areas intersect thirty-five (35) flood control facilities owned and maintained by the Orange County Flood Control District (District). Numerous District facilities within the Project limits will be impacted by the Project, including Santa Ana River Channel, Fountain Valley Channel, Ocean View Channel, East Garden Grove-Wintersburg Channel, Newland Storm Channel, Westminster Channel, Anaheim-Barber City Channel, Bolsa Chica Channel, Garden Grove Storm Channel, Federal Storm Channel, Bixby Storm Channel, Montecito Storm Channel, Greenville-Banning Channel, Gisler Storm Channel and Milan Storm Channel. OCTA plans to procure a design-build contractor and use a design-build delivery method to complete the Project. OCTA estimates its Project Cost to be $1.9 billion and that construction would continue through 2022.
OCTA and District have negotiated the proposed Cooperative Agreement (Agreement) to define their respective responsibilities and obligations on the Project. In the Agreement, OCTA agrees to design and construct improvements which affect current or proposed District facilities and right-of-way to achieve District flood protection goals, standards and requirements. The District’s approval of Project plans or alterations are required prior to implementation. The Agreement further includes terms to ensure the Project would not unreasonably interfere with the District’s implementation of the Orange County Flood Control Act and to minimize the Project impact on the District’s future projects. Pursuant to the Agreement, OCTA will lead Project implementation, bear all costs and expenses to improve impacted District facilities, and complete necessary right-of-way acquisitions, conveyances, relocations and other work for the Project. The District agrees to provide support services for the Project which affect current or proposed District facilities or right-of-way, including review and approval of plans, specifications and reports; participation in coordination meetings; and construction oversight inspections.
The Caltrans segment of Ocean View Channel located beneath the I-405 (Ocean View Segment) lies within a channel system currently under review in a flood risk management study by the U.S. Army Corps of Engineers in partnership with the District to increase this system’s discharge capacity. Consequently, OC Public Works desires to ensure the Project’s Ocean View Segment improvements are integral with the study. Having these improvements completed during the Project will avoid the District having to later impact newly constructed Project improvements. Therefore, the Agreement provides for District and OCTA cost-sharing improvements to this Ocean View Segment based upon hydraulic impacts and right-of-way requirements, contributed by the Project. Without District participation, the Ocean View Segment would not be improved with the Project.
It is requested that the Board of Supervisors (Board) delegate authority to the Director of OC Public Works or designee (Director) to execute documents required in conjunction with the exercise of the Agreement including completing right-of-way transactions on behalf of the District that are acceptable to the County of Orange Chief Real Estate Officer and comply with the terms and conditions set forth in the Agreement and recommended actions.
It is currently anticipated that within fourteen (14) of District’s impacted facilities the Project will require the District to convey over twenty (20) temporary construction easements to OCTA and fifteen easements or other interests to OCTA or others. Given the extended term expected for each temporary construction easement and the extent of District land needed for Project conveyances, the property values are anticipated to exceed existing delegated authority limits. Board approval is requested to authorize the Director to convey rights and interests, in accordance with the Agreement, in an amount not-to-exceed the cumulative value of $1,500,000 in any fiscal year. The Agreement requires OCTA to present offers of just compensation to the District that include payment of a purchase price based upon the fair market value of such right or interest as determined by an approved California licensed appraiser and include other payments needed to make the District whole. Delegated authority will expedite processing and provide flexibility to address required right-of-way and changes which may arise through the design-build process.
Compliance with CEQA: Caltrans, as lead agency under CEQA for this project certified the FEIS/SEIR EA:0H1000 on May 15, 2015. The County of Orange Flood Control District as a responsible agency under CEQA Guidelines section 15381 has reviewed and considered the Final EIS/SEIR EA:0H1000 prepared and certified by the Caltrans and has certified that it has done so. The County of Orange adopts and implements those feasible mitigation measures, if any, related to those aspects of the project that are within its separate authority. As a responsible agency, the County of Orange is authorized by Guidelines section 15096 to rely on the Final EIS/SEIR EA:0H1000 certified by Caltrans.
FINANCIAL IMPACT:
Appropriations and revenue for this Agreement are included in the FY 2016-17 Proposed Budget for Fund 400 - OC Flood and will be included in the budgeting process for future years. OCTA agrees to be responsible for all costs and expenses deemed necessary for the Project, with the exception of certain work related to the Ocean View Segment. The District’s share toward the Ocean View Segment cost-share is to be made in three installments totaling $7,253,960 paid upon receipt of invoices from OCTA according to the terms of the Agreement. It is anticipated and budgeted that District's first Ocean View Segment payment of $3,626,980 would be made in FY 2016-17 and the other two payments would be in FY 2017-18 totaling the remaining $3,626,980.
The Agreement establishes OCTA’s ability to pay up to $1,500,000 for District support services and maintain a minimum $20,000 deposit to be held by the District as part of the permitting process, from conceptual review to construction completion. OCTA agrees to make an initial deposit to the District in the amount of $50,000. District will provide monthly reconciliations and invoices, as needed. Should the District incur costs to perform support services in excess of the prescribed maximum, parties are to meet and confer with the understanding the District is not to bear Project costs.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Cooperative Agreement D15-011
Attachment B - Conveyance Questionnaire
Attachment C - Acquisition Questionnaire
Attachment D - Project Location Map