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1995-1121_ORANGE ,COUNTY OF_1st Amd to Memorandum of Understanding.0 acip `0�
FIRST AMENDMENT
TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
THE COUNTY OF ORANGE REGARDING
THE PRIMA DESHECHA LANDFILL
This First amendment is made and entered into this )-I day of nIV , 1995, by and
between the County of Orange, hereinafter referred to as "COUNTY", and the City of San Juan
Capistrano, hereinafter referred to as "CITY", and is made to the Memorandum of
Understanding between the parties dated September 12, 1995, hereafter collectively referred to
as the MOU.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Sound/Visual Berms Section, is amended by deleting Paragraph, Section 1, C
Sound/Visual Berms in its entirety, and substituting the following:
Paragraph I, C, - Sound/Visual Berm
CITY and COUNTY agree to cooperate in the construction of an earthen berm per Exhibit A
in order to buffer residential units from noise and view of vehicles traveling to LANDFILL on
La Para. Said berm shall be approximately eight (8) feet high, and nine hundred (900) feet long.
Berm shall be designed in a manner to minimize the need for extra right-of-way and to
accommodate existing topography as much as possible. CITY and COUNTY shall agree on
technical specifications of berm design prior to its construction. Should additional right-of-way
be needed, CITY and COUNTY agree to cooperate in negotiations with appropriate landowner
(s).
If the California Integrated Waste Management Board receives a letter from the City of San Juan
Capistrano by November 27, 1995, which satisfies the General Plan Consistency requirements
of Public Resources Code Section 50000, COUNTY shall pay total cost of said berm, including
but not limited to, engineering and design, right of way acquisition and construction costs.
Construction shall include hydroseeding or similar method of erosion control. COUNTY agrees
to repair berm as necessary. Construction shall be completed within one (1) year of permit
issuance. If General Plan Consistency finding persuant to Section 50000 is not sent by City to
the CIWMB by November 27, 1995, COUNTY's share of total cost shall be $45,000 and
construction shall begin at a date mutually agreed to by CITY and COUNTY.
All other terms and conditions of the agreement remain unchanged.
IN WITNESS VWREOF, the parties hereto have execut this First Amendment to the
Memorandum of Understanding on the dates opposite their respective signatures:
DATED: N^ : 2 > 195
COUNTY OF ORANGE, a political subdivision of the
State of Cdgornia
By: tJ ✓4 / ✓
Roger Stat bn, Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
k0d—Uu s1. E ° .zz-,, pu'
Kathleen E. Goodno, Acting Clerk of the Board
of Supervisors of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WjATSON,
DATED. January 2, 1996
ATTEST:
I �
Cheryl Johnso# iMttrkeik
ASSISTANT COUNTY COUNSEL
APPROVED AS TO F RM:
Richard Denhalter, City Attorney of the
City of San Juan Capistrano, California
DATED:
CITY OF SAN JUAN CAPISTRANO
By: -f-
Wyatt Harto Mayor
DATED: I Z / n
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SAN JUAN
CAPISTRANO
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LOCATION MAP
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DEL RID
SAN CLEMENTE
ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
PROPOSED SOUND BERM
LA PATA AVENUE
SCALE : V -30W I TMMAS GUIDE :97U4 -
Attachment A