Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-000801

 

MEETING DATE:

12/17/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 

 

 

Nardy Khan (714) 647-3906

 

 

Subject:  Approve Cooperative Agreements for OC Loop (Segment H) El Cajon Bikeway Project

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

 

 

4/5 Vote

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# 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: 4/23/2019 #11

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the OC Loop (Segment H) El Cajon Bikeway Project is Categorically Exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines Section 15301, Class 3 (New Construction or Conversion of Small Structures) pursuant to CEQA Guidelines Section 15303 and Class 4 (Minor Alterations to Land) pursuant to CEQA Guidelines, Section 15304.

 

2.

Adopt a Resolution declaring portions of Esperanza Road, between the Yorba Linda City Boundary and the Fairmont Connector; the Fairmont Connector between Esperanza Road and the east side of Fairmont Boulevard; and Fairmont Boulevard between the Fairmont Connector and the southern Boundary of the City of Yorba Linda, within the City of Yorba Linda, to be a County of Orange highway for construction purposes.

 

3.

Approve the Cooperative Agreement between the County of Orange and the City of Yorba Linda for Funding and Construction of the OC Loop (Segment H) El Cajon Bikeway Project.

 

4.

Delegate the Director of OC Public Works or designee to file and record a Resolution with the City Clerk declaring that the City of Yorba Linda’s highway is no longer a County of Orange highway.

 

5.

Adopt a Resolution declaring portions of Fairmont Boulevard between the Yorba Linda City Boundary to the north and the County of Orange boundary to the south, within the City of Anaheim, to be a County of Orange highway for construction purposes.

 

6.

Approve the Cooperative Agreement between the County of Orange and the City of Anaheim for Construction of the OC Loop (Segment H) El Cajon Bikeway.

 

7.

Delegate the Director of OC Public Works or designee to file and record a Resolution with the City Clerk declaring that the City of Anaheim’s highway is no longer a County of Orange highway.

 

 

 

 

SUMMARY:

 

Approval of the Cooperative Agreements between the County of Orange and the cities of Yorba Linda and Anaheim will support the enhancement of bicycle safety and provide additional commuting and recreational opportunities for the community.

 

 

BACKGROUND INFORMATION:

 

The OC Loop (Segment H) El Cajon Bikeway Project (Project) is part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan and the OC Loop. The OC Loop connects and extends several regional bikeways to provide a continuous 66-mile loop around north and central Orange County.

 

The Project closes a gap in the OC Loop by connecting the existing El Cajon Trail Class I bikeway from the intersection of Fairlynn Boulevard and Oakvale Drive to the Santa Ana River Trail at Yorba Regional Park. The Project is approximately 1.2 miles long and includes a combination of Class I, II, III and IV bikeways as well as a multi-use trail. Portions of the Project are located within the County of Orange (County) unincorporated area and within the cities of Yorba Linda and Anaheim.

 

The purpose of the two proposed County Cooperative Agreements MA-080-20010226 and MA-080-20010117 (Agreements) with the cities of Yorba Linda and Anaheim, respectively, is to define the parties’ respective rights and obligations with respect to the design, construction management, funding and ownership of the Project.

 

On April 23, 2019, the Board of Supervisors (Board) approved the Project as part of the OC Public Works 7-Year Capital Improvement Program.The estimated cost of construction is $4 million.

 

Resolutions are required to declare portions of Esperanza Road, the Fairmont Connector and Fairmont Boulevard (Attachment G) within the cities of Yorba Linda and Anaheim to be a County highway for construction purposes pursuant to the California Streets and Highway Code (SHC) Sections 1700-1706.

 

SHC Section 1700 also requires a 4/5 majority vote from the Board in order to declare a city street to be a county highway for construction purposes. The Resolutions each state “that upon the filing of a Notice of Completion (NOC) that all improvements to City’s Street(s) are complete, the Board hereby declares City’s Street(s) to no longer be a County highway and instructs OC Public Works to file copies of this Resolution and the NOC with the City Clerk. Ten days after said filing, City’s Street(s) shall cease to be a County highway.” Ownership and maintenance will revert to the cities upon completion of the Project.

 

Compliance with CEQA: The proposed Project is Categorically Exempt (Classes 1, 3 and 4) from the provisions of CEQA pursuant to Sections 15301, 15303 and 15304 because it provides for the exemption for minor alterations to existing public facilities, construction and conversion of small structures and minor alterations to land.

 

 

 

FINANCIAL IMPACT:

 

There is no direct financial impact associated with the Recommended Actions of this Agenda Staff Report.

 

The OC Road Fund 174 for capital projects will initially fund 100 percent of the costs for the supported Project. Reimbursable Federal Bicycle Corridor Improvement Program grant funding and Road Maintenance and Rehabilitation Account funding are the source of funds. Upon completion, the two cities will own, operate and maintain the improvements within their respective jurisdictions.

 

Prior to the award of a construction contract by the County for the Project, in the event County or City defaults in the performance of any of their obligations under the Agreements or materially breaches any of the provisions of the Agreements, City and County shall have the option to terminate the Agreement upon 30-days' prior written notice to the other Party. In the event City or County cures such default within a 30-day period, the City and the County’s election to terminate shall be deemed revoked and of no further force and effect as to that particular default. Termination of the Agreement for any reason shall dissolve the County Highway Declaration, and City’s highways shall no longer be designated as County highways.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Project Location Map
Attachment B - Cooperative Agreement MA-080-20010226 with City of Yorba Linda
Attachment C - Cooperative Agreement MA-080-20010117 with City of Anaheim
Attachment D - County Highway Declaration Resolution City of Yorba Linda
Attachment E - County Highway Declaration Map City of Yorba Linda
Attachment F - County Highway Declaration Resolution City of Anaheim
Attachment G - County Highway Declaration Map City of Anaheim
Attachment H - California Streets and Highway Code Sections 1700-1706
Attachment I - CEQA Notice of Exemption
Attachment J - OC Bike Loop Project Location Map