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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 -I- 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), -2- 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- I 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 B Drs -4- 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. -7- 4/7/81 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 M lur W. urp WDM:GML/rem F10 CITY COUNCIL AUNDA Encl.