Agenda Item AGENDA STAFF REPORT ASR Control 23-000644
MEETING DATE:	09/26/23
legal entity taking action:	Board of Supervisors and Orange County Flood Control District
board of supervisors district(s):	1
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Fiona Man (714) 647-3953
	Melissa Pasa (714) 647-3977

Subject: Approve Cooperative Agreement for East Garden Grove-Wintersburg Channel Bridges

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 6/6/2023 #11, 11/8/2022 #23, 5/21/2013 #45

RECOMMENDED ACTION(S):

Approve Cooperative Agreement between the Orange County Flood Control District and the City of Huntington Beach for Funding, Construction and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges Project at Warner Avenue, Springdale Street and Edwards Street Improvements Project, effective upon Board of Supervisors approval.

Authorize the Director of OC Public Works or designee to execute future amendments to the Cooperative 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 of Orange or the Orange County Flood Control District.

SUMMARY:

Approval of the Cooperative Agreement with the City of Huntington Beach for construction and post-construction maintenance responsibilities of the East Garden Grove-Wintersburg Channel (C05) Bridges Project will allow the Orange County Flood Control District to complete the work necessary to provide greater flood protection for the residents of the County of Orange.

BACKGROUND INFORMATION:

The East Garden Grove-Wintersburg Channel (C05) Bridges Project (Project) is located at the Warner Avenue, Springdale Street and Edwards Street bridge crossings (Bridges) of the Orange County Flood Control District’s (District) East Garden Grove-Wintersburg Channel (Channel) in the City of Huntington Beach (City). See Attachment B for the Project Location Map.

The Project is located within the Westminster Watershed, the largest remaining floodplain in Orange County. To ultimately remove the adjacent residences from the floodplain, the District has programmed a series of Channel improvement projects from Pacific Coast Highway to the San Diego Freeway, Interstate 405. In April 2023, the District completed flood control improvements along this segment of the Channel from Warner Avenue to 1,200 feet downstream of Goldenwest Street to increase the Channel capacity and fortify the levees.

The District identified that the three City-owned and maintained Bridges do not meet Federal Emergency Management Agency freeboard requirements and, therefore, require the installation of flood walls. OC Public Works has coordinated with the City for this subsequent Project to address flood control deficiencies identified by installing flood walls on both the upstream and downstream ends of the Bridges and replacing the Bridge decks to be compatible with the recently constructed Channel improvements to comply with federal flood protection requirements.

On November 8, 2022, the Board of Supervisors (Board) approved the Construction Manager At-Risk design phase services contract, MA-080-23010108, with Myers & Sons Construction, LLC and authorized the expenditure and execution of the negotiated construction phase services Contract MA-080-23010112 in an amount not to exceed $18.233 million for the Project.

The proposed Cooperative Agreement MA-080-23011516 (Cooperative Agreement) between the District and the City clarifies construction and post-construction maintenance responsibilities for the Project. The District is implementing the flood control improvements necessary to meet federal flood protection requirements and the City will maintain ownership and maintenance of the Bridges upon Project completion. On June 20, 2023, the City Council approved the Cooperative Agreement provided as Attachment A herein.

OC Public Works recommends the Board approve the Cooperative Agreement between the District and the City for the Project to complete the work necessary to provide greater flood protection for the residents of Orange County.

The Project is included in the OC Public Works 7-Year Capital Improvement Program (CIP) FY 2023-24 through FY 2029-30 adopted by the Board on June 6, 2023. OC Flood CIP, Fund 401, will be utilized to fund the construction of the flood control improvements and ongoing maintenance costs of the Bridges will be the responsibility of the City.

General Plan: The Project is consistent with the City’s General Plan.

Compliance with CEQA: This Project is a necessarily included element of the Project considered in Final Mitigated Negative Declaration (MND) IP No. 11-144, approved by the Board on May 21, 2013, and the OC Public Works OC Engineering Countywide Routine Maintenance Manual (October 2012) included as part of Initial Study/MND IP No. 11-444, which adequately addressed the effects of the proposed Project. 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 MND IP No. 11-144 was approved has become known; therefore no further environmental review is required. The City will be the CEQA lead agency for maintenance once the Project is complete.

FINANCIAL IMPACT:

There is no financial impact associated with the recommended actions of this Agenda Staff Report.

In the event District or City defaults in the performance of any of their obligations under this Cooperative Agreement or materially breaches any of the provisions of this Cooperative Agreement, the City and the District shall have the option to terminate this Cooperative Agreement upon thirty days' prior written notice to the other party. In the event the City or the District cures such default within the thirty-day notice period, the City and District selection to terminate shall be deemed revoked and of no further force and effect as to that particular default. Any party's failure to enforce this Cooperative Agreement as to one instance of breach shall not constitute a waiver of any party's ability to enforce this Cooperative Agreement as to any future breaches or noncompliance.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Cooperative Agreement MA-080-23011516
Attachment B - Project Location Map