1981-0512_ORANGE, COUNTY OF_AgreementI
1981,
Agreement No. D80-093
A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
BY AND BETWEEN
AND
THE CITY OF SAN JUAN CAPISTRANO,
a Municipal Corporation, hereinafter
designated as CITY,
THE COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter designated as COUNTY.
W I T N E S S E T H
WHEREAS, the developer of Tract No. 10593 participated in the San Juan
Capistrano - Capistrano Beach Area Master Plan of Drainage by payment of drainage
fees in the amount of Seventy -Two Thousand Seven Hundred Fifty -One Dollars and
Seventy -Seven Cents ($72,751.77) to Account No. 481 (Area LOI); and
WHEREAS, said Tract is in the process of being annexed by CITY; and
WHEREAS, CITY proposes to construct improvements for Del Avion Storm
Drain Facility L01P03, between Del Obispo Street and San Juan Creek, herein-
after referred to as PROJECT; and
WHEREAS, LOIPO3 is an element of said Master Plan of Drainage within
Area LOI; and
WHEREAS, no facilities of Area LOI are within unincorporated area of
COUNTY; and
WHEREAS, CITY has requested COUNTY to release said fees for payment of
PROJECT costs;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. CITY shall be and hereby designated "Lead Agency" for compliance with
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California Environmental Quality Act (CEQA) of 1970 and as amended.
2. CITY shall prepare contract plans and specifications and obtain
all necessary rights-of-way and permits for PROJECT construction.
3. Concurrent with the execution of this Agreement, COUNTY will trans-
fer said drainage fees in the amount of $72,751.77 from Account No. 481 to CITY.
4. CITY agrees to use said funds for construction of PROJECT only.
5. COUNTY's only responsibility for PROJECT shall be transfer of
said funds to CITY.
6. Upon completion of construction, CITY shall assume operation
and maintenance responsibility for PROJECT.
7. If PROJECT is found to be unacceptable environmentally pursuant to
Section 21151 of the Public Resources Code or not in conformance with the applicable
general plans by the appropriate planning authorities pursuant to Section 65402 of
the Government Code, the obligations of CITY and COUNTY under this Agreement may
be terminated by either party by a thirty (30) calendar days written notice to the
other party.
8. If a contract for construction of PROJECT has not been awarded by
June 30, 1982, the obligations of CITY and COUNTY under this Agreement shall be
terminated and said funds deposited to CITY by COUNTY shall be promptly returned
to COUNTY.
9. IT IS MUTUALLY UNDERSTOOD AND AGREED that neither COUNTY nor an
officer or employee thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or Jurisdiction delegated to CITY under this
Agreement. It is also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any
liability imposed for injury (as defined by Government Code Section 820.8),
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1 occurring by reason of anything done or omitted to be done by CITY under or in
2 connection with any work, authority or jurisdiction delegated to CITY under this
3 Agreement.
4 10. IT IS MUTUALLY UNDERSTOOD AND AGREED that neither CITY nor any officer
5 or employee thereof shall be responsible for any damage or liability occurring by
6 reason of anything done or omitted to be done by COUNTY under or in connection with
7 any work, authority or jurisdiction not delegated to CITY under this Agreement. It
8 is also understood and agreed, that pursuant to Government Code Section 895.4,
9 DISTRICT shall fully indemnify and hold CITY harmless from any liability imposed
10 for injury (as defined by Government Code Section 810.8), occurring by reason of
11 anything done or omitted to be done by COUNTY under or In connection with any work,
12 authority or jurisdiction not delegated to CITY under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signature.
CITY OF SAN JUAN CAPISTRANO,
A Municipal Corporation
Dated: Ai)ril 7 1981 By &64 Z
ATTEST:
or, Gary L. )(ausdorf er
AS TO FORM:
Dated: 2?'k�z a, 1981
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By e4�&
3 - 3e - -5�-j
DW:bb228(20)
CO
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Drs
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
May 12, 1981
IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT
HOUSING COST REDUCTION CITY OF IRVINE
On motion of Supervisor Wieder, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute Housing and Community Development Contract
No. C26059, dated May 12, 1981, between the County of Orange and the
City of Irvine for housing cost reduction.
IN RE: AGREEMENT DEL AVION STORM DRAIN
CITY OF SAN JUAN CAPISTRANO
On motion of Supervisor Wieder, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute Agreement No. D80-093, dated May 12, 1981,
between the County of Orange and the City of San Juan Capistrano for
Del Avion Storm Drain and the County Auditor -Controller is authorized
to refund $72,751.77 from Drainage Improvement Fund 1501-908-481 to the
City of San Juan Capistrano.
6�F1013.2.3 (12176)
�p �oval of Plans, Specifications, and Call for Bids:
It Was movocf-by-Councilman Buchhelm, sccondoa by -Couricilman
Schwartze, and unanimously carried to approve the plans and
specifications and to authorize staff to advertise for bids
for the coristruction of the storage shed addition and
modifications.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
HOES: None
ABSENT: Councilman Bland
1. APPROVAL 01' WARRANTS
(41) The List of Demands dated April 7, 1981, Warrants Register
No. 81-101 in the total amount of $221,967.72, was approved
as submitted.
2. REPORT OF TRAFFIC AND TRANS RORTZVrION COMMISSION MEETINGS OF
March 11, AND MARCH 25, 1181
(23) The Report of actions taken by the Traffic and Transportation
Commission at the meetings of March llth and March 25, 1981,
was ordered received and filed.
3. APPROVAL OF CHANGE, ORDER No. 2 - EXTFUSION OF TIME,
LANDSZ�-APING OF ARROYO PARK (CALIFORNI,� LANDSCAPINNG COMPANY)
(38) Change Order No. 2, extending the compietion date of the
(85) Arroyo Park landscaping to April 30, 1981, was approved, as
set forth in report dated April 7, 1981 from the.Director of
Public Works, due to rainy weather conditions.
4. APPROVAL OF RIGHT-OF-WAY MAINTENANCE AGREEMENT, TRACT 6305,
ORTEGA HIGHWAY (HUNT CLUB)
(38) Report dated April 7, 1981, from the Director o f Public
(85) works requesting approval of an agreement with the Hunt Club
for the maintenance of landscaping and entry pavers in the
public right-of-way of Tract 6305. The Mayor and City Clerk
were authoried to execute the agreement on behalf of the
City and the City Clerk was directed to record the document.
5. ACCEPTANCE OF APPRAISER'S REPORT (LOS RIOS AREA)
(23) The Los Rios Park Appraisal was accepted, subject to minor
modifications which the State may requirer pursuant to the
project agreement approved July 11, 1980.
6. APPROVAL OF PHASTNG AND RELLASE OF CERTTFICATES OF USE AND
OCCUPANCY, 13ELFORD TLRRACL, TRACT. 9 �,' �, ORTEGA Hlc,:�WAY � �::�URER)
(25) The pLoposed phasing as submitted by the developer, was
(85) approved and staff was authorized to release the Certificates
of Use and Occupancy for Phases 111, IV, and V of Tract 9382.
7. AGREEMENT FOR TRANSFER OF FUNDS F60M COUNTY OF ORANGE
TC—AP410 —DEL AV1-0NSf0-RMRR.AIRT—
(38) Agreement No. BBO-093 with the County of Orange, was approved
(r (0 pl-,viOin�i for the transfer to the City of drainage funds
030) 1 1' 1 1, -111ount of $72,751.77 for the Bear Brand Ranch project;
draivage from said project is collected by the Del Avion
Storm Drain. The Mayor and City Clerk were authorized to
Oxecute the document on behalf of the City.
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AGENDA ITEM
April 7, 1981
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement For Transfer of Funds From the County of
Orange (Del Avion Storm Drain)
SITUATION
The County of orange has prepared an agreement to effect the transfer
of drainage funds from the County of Orange to the City and staff is
requesting approval of the agreement. The funds were collected by
the County of Orange for the Bear Brand Ranch/Pepper Tree Bend Project
and the drainage from the tract is collected by the Camino Del Avion
Storm Drain. The agreement specifies that the funds are to be used
solely for the construction of that storm drain.
FINANCIAL CONSIDERATIONS
The fund transfer is $72,751.77. As stated above these monies can
only be used for the master planned storm drain, but they allow budget
transfers from other sources to fund the Paseo De La Paz storm drain.
This is the storm drain being designed for joint funding by the City,
citizens, and Bear Brand Ranch in Paseo De La Paz. In that the Paseo
De La Paz storm drain is not a master planned facility and is too
small to qualify for that classification, drainage funds cannot be
used for its construction, be they City or County. Upon receipt of
the plans for Paseo De La Paz storm drain from Christiansen & Associates,
the extent of the City's funding can be determined and will be presented
for Council consideration during this year's budget proceedings.
ALTERNATE ACTIONS
1. Approve the agreement.
2. Do not approve the agreement.
3. Approve the agreement with modifications.
RECOMMENDATION
By motion, approve "Agreement No. D80-093, Del Avion Storm Drain" with
the County of Orange and authorize the Mayor and City Clerk to execute
the document on behalf of the City.
Respectfully submitted,
U-3
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W. urp
WDM:GML/rem F10 CITY COUNCIL AUNDA
Encl.