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1996-0102_ORANGE ,COUNTY OF_D5_Agenda Report0 0 AGENDA ITEM January 2, 1996 TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Director SUBJECT: Approval of First Amendment to Memorandum of Understanding with the County of Orange Pertaining to Design and Construction Obligations for Sound/Visual Berm RECOMMENDATION By Motion, approve the first amendment to the Memorandum of Understanding with the County of Orange by Modifying Paragraph I.C, entitled Sound/Visual Berm establishing responsible parties for the design and construction of said sound and visual berm. A. SUMMARY AND RECOMMENDATION - At the time that the Orange County Board of Supervisors approved the Memorandum of Understanding with the City of San Juan Capistrano, direction was given to County staff to work with the City to review the location and design of the proposed berm defined under paragraph I.0 of the agreement. The purpose of this additional review was to determine feasibility and cost of construction of this improvement. This review has been completed and the County has agreed to amendment language to fully install the berm at their cost. In consideration of this obligation, language was also included in the amended language that would cap the County's obligation if the City did not transmit to the California Integrated Waste Management Board the action of the City Council in approving the General Plan amendment, bringing the landfill operation into compliance with the City's General Plan. This letter was to be transmitted by November 27, 1995. On November 21, 1995, the City Council did approve the General Plan amendment and a letter was transmitted to the California Integrated Waste Management Board on November 27, 1995. Therefore, the total cost of these improvements becomes the obligation of the County. Due to the timing of the study and the preparation of the amendment language, it was not possible to agendize this item for Council consideration until this meeting. Staff recommends that the City Council approve the amended language to the Memorandum of Understanding. This language was adopted by the Board of Supervisor's at their meeting of November 22, 1995. FOR CITY COUNCIL AGEN 0 0 AGENDA ITEM -2- January 2, 1995 B. STAFF ANALYSIS - As the City Council is aware, one of the concerns that was discussed during consideration of the memorandum of understanding was as provision to install an earthen berm that would help reduce the noise and visual impacts of trucks using La Pata. This berm was to reduce these types of impacts to those homes in the Warmington subdivision at the City's easterly limits. At the time of the preparation of the agreement, concerns on the feasibility and costs that could be associated with this improvement was expressed on the part of County staff. The Board of Supervisor's, at the suggestion of the City requested that additional study be devoted to this issue. City staff developed a conceptual design including locational criteria and height studies to met the parameters discussed with the Council. This work included visitations on-site in the Warmington development. The preliminary plans were transmitted to the County. County staff evaluated the concepts and determined that the design was technically feasible. Furthermore, the County after reviewing the concept made a decision to install the berm at their expense. This decision included not only the cost of construction, but also any additional costs that may be required for right-of-way acquisition and long-term maintenance. In making that decision to pick up the costs of its installation, the County requested that the City not delay transmittal to the State of our action to approve the amendment to the City's General Plan. The specific language of the amendment reads as follows: "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 Pata. 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 the General Plan Consistency finding pursuant to Section 50000 is not sent by City to the CIWMB by November 27, 1995, COUNTY's share of total cost shall be 0 0 AGENDA ITEM -3- January 2, 1995 $45,000 and construction shall begin at a date mutually agreed to by CITY and COUNTY." Staff believes that the installation of the sound/visual berm will be of significant benefit to those residents whose homes back onto the area impacted by La Pata. Staff recommends that the amendment language to the Memorandum of Understanding be approved by the City Council in that it satisfies the direction provided to staff to insure that such improvements would occur. COMMUNITY REDEVELOPMENT AGENCY This agreement and the improvements identified are not located within any project area of the San Juan Capistrano Redevelopment Agency. FINANCIAL CONSIDERATIONS In accordance with the provisions of the amended language, the County of Orange will be obligated to improve the sound/visual berm in accordance with the design provided by the City at no cost to the City since notification to the California Integrated Waste Board occurred by November 27, 1995. PUBLIC NOTIFICATION Although a public hearing is not required to consider this agenda item, a copy of the report has been transmitted to the County of Orange and residents whose properties are located along the easterly subdivision boundary facing La Pata. ALTERNATE ACTIONS Approve the amendment language to the adopted Memorandum of Understanding as submitted. 2. Deny the amendment and direct the City Manager to conduct further discussions with the County. Continue the item for additional information. AGENDA ITEM -4- January 2, 1995 RECOMMENDATION By Motion, approve the first amendment to the Memorandum of Understanding with the County of Orange by modifying Paragraph I.C, entitled Sound/Visual Berm establishing responsible parties for the design and construction of said sound/visual berm. Respectfully submitted, Thomas Tomlinson, Planning Director mou 1.2 Attachment 1. First Amendment to Memorandum of Understanding