03-1118_ORANGE, COUNTY OF_Memorandum of Understanding (2)MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
THE CITY OF SAN CLEMENTE AND
THE COUTY OF ORANGE REGARDING
THE PRELIMINARY DESIGN OF AVENIDA LA PATA
This Memorandum of Understanding is made and entered into this 18`n day of November, 2003, by
and between the County of Orange, the ("County"), the City of San Clemente ("San Clemente")
and the City of San Juan Capistrano ("San Juan Capistrano') and collectively the "Parties".
RECITALS
Avenida La Pata, hereinafter referred to as "La Pata", is a highway of high importance in the
southern part of Orange County and the extension of La Pata may traverse parts of the Cities of
San Clemente, San Juan Capistrano and unincorporated territory. San Clemente and the County
have, on March 18, 2003, entered into Agreement No. D02-035, and amended by an amendment to
the Agreement executed by the County and San Clemente concurrently herewith (collectively the
"Agreement") by which the County and San Clemente achieved an understanding by which the
total cost for the preparation of an Environmental Impact Report (EIR) and Project Report for La
Para between Avenida Pico and Ortega Highway, was to be shared under a contract to be let and
administered by the County. A copy of this Agreement is attached as Exhibit A. The City of San
Juan Capistrano has no financial obligation to the cost of preparing the EIR or the Project Report.
San Juan Capistrano shall also have no financial obligation for construction and right of way for
any alignment of La Pata within the City of San Juan Capistrano. The Parties are supportive of
construction of the La Pata Extension between its current terminus at Ortega Highway to Calle
Saluda as a Primary Arterial Highway (4 lane divided roadway), hereinafter referred to as the
"Project".
Significant geologic, topographic, environmental, habitat and utility considerations/constrains will
be encountered in constructing the Project.
The Project, as proposed, will consider two alignment options and two alternatives to each of the
alignment options.
The first alignment, "A", proposes an approximate 4.1 mile length extension of La Pata between
Ortega Highway and Calle Saluda. For this alignment approximately 16,600 linear feet lie within
the County of Orange from Ortega Highway, through the Prima Deshecha Landfill, to the City of
San Clemente corporate boundary. The remaining 5,255 linear feet lie within the City of San
Clemente, from the corporate boundary to Calle Saluda.
The second alignment, `B", proposes an approximate 3.7 mile length extension of La Para between
Ortega Highway and Calle Saluda. For this alignment, approximately 10,680 linear feet lies within
the County of Orange from Ortega Highway to the City of San Juan Capistrano corporate
boundary.
The segment of this alignment through the City of San Juan Capistrano is approximately 4,596 linear
feet. The remaining 4,619 linear feet lies within the City of San Clemente, from the corporate
boundary to Calle Saluda.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
The County shall be the Lead Agency in preparing the EIR and Project Report for the Project.
San Clemente and San Juan Capistrano shall be Responsible Agencies for the EIR and
Project Report.
Given the physical constraints, there are two potential alignments and associated alternatives
that will be considered in the EIR. These alignments are generally depicted on Exhibit I,
attached hereto and hereafter referred to as Alignment `A' and Alignment `B'.
That Alignment `A' traverses areas within the County and San Clemente jurisdictions.
That Alignment `B' traverses areas within the County and San Juan Capistrano and San
Clemente jurisdictions.
6. That the Parties are supportive of both alignments and alternatives being considered in the
EIR.
7. That the Parties understand that only one alignment will be recommended in the EIR and
analyzed in the Project Report, and that this determination will be made by the County and
will be based on which alignment is the most economically and environmentally viable.
That the recommended alignment in the EIR and Project report are developed consistent with
the General Plan guidelines of the County and affected cities.
That the Parties will cooperate with the County in preparation of the EIR and Project Report.
10. That in the event that the alignment chosen is Alignment "B," San Juan Capistrano agrees to
enter into an Amendment to the Agreement with respect to its duties as a Responsible
Agency for the EIR and Project Report and with respect to the need for assistance with
permitting and any other necessary activities for the Project.
11. Notices: Any notice required or permitted by this Memorandum of Understanding shall be
given in writing and sufficiently given if delivered in person or sent by certified or registered
mail, postage prepaid, to the notice address of the respective parties set forth in this
Memorandum of Understanding. Changes in the respective addresses for such notice may be
made from time to time by any party by written notice to the other parties. The present
addresses of the parties are:
County of Orange:
2
County of Orange
Public Facilities and Resources Department
300 N. Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
Attention: Vicki L. Wilson, Director
San Juan Capistrano:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Pamela Gibson, Interim City Manager
San Clemente:
City of San Clemente
100 Avenida Presidio,
San Clemente, CA 92672
Attention: George Scarborough, City Manager
12. Term. This Memorandum of Understanding shall remain in full force and effect for a period
of 15 years after the effective date of noted herein above on the first page.
13. Amendments. This Memorandum of Understanding may not be changed, modified or waived
except by written agreement duly authorized and accepted by the parties.
K3
r IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the dates opposite their respective signatures:
SIGNED:
Date:
3
Approved as toform:
JohriShaw, City Attorney
Attest:
L.
R. Monahan, City Clerk
Dat 10,3 -()`-�
Attest:
Myrna Erway, City derk
Date: � :Z6 a23
Approved as to form:
Jeffrey M. Oderman, City Attorney
12
COUNTY OF ORANGE, a political
Subdivision of the State of California
By: .—' > x, -�
Vic j . Wil n, DUctor PFRD
CITY OF SAN JUAN CAPISTRANO
By:6;D _a'� 2",,
Pamela Gibson, Interim City Manager
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