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1977-0616_ORANGE, COUNTY OF_Agreement AmdAMENDMENT TO AGREEMEENT TRIS AMENDMENT TO AGREEMENT, made and entered into this 1-fi-th day of 19 31 by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and the City of San Juan Capistrano, a municipal corporation, classified as a General Law City, situated in the County of Orange, hereinafter referred to as "CITY": RECITALS 1. WREREAS, CITY and COUNTY did enter into an Agreement on June 8, 1976 whereby COUNTY provides certain building regulation services to CITY; and 2. WHEREAS, CITY desires to extend said agreement for an additional period of onc (1) year; and 3. WHEREAS, COUNTY is agreeable to such extension. THEREFORE, IT IS MUTUALLY AGREED as follows: A. Said Agreep-nt is extended for a period terminating on June 30, 1978. B. All other terms and conditions of the basic agreement remain in full force and effect. RECOMMENDED FOR APPROVAL: H. G. Osborne, Director Environmental Management Agency ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California Approved aff—to form - Adri, Coly Cou sel By 97 CITY OF SAN JUAN CAPISTRANO Ifeckscher : y :ZFST: I Mayor BY VA COUNTY Chairman, Board of Supervisors ... ... ......... A C R 1: E M E N 1 11 11 — — -- — — — — — — 1 THIS AGREE,MENT, made and entered into this day of 2 1974rf�,, by and betwee-n the COUNTY OF M�NGE, a political 3 'Subdivision of the State of California hereinaftcr referred to as "COUN'Y" '4 and the City of San Juan Capistrano, a municipal corporation, classified as a 5 General Law City, situated in the� County of Orange, hereinafter referred to 6 as "CITY"; 7 8 RECITALS: 9 1. The City Council of CITY has heretofore determined to avail itself of 10 certain COUNTY services authorized by Section 51301 of the Government Code of 11 theState of California. 12 2. The Cl TY desires to have COUNTY perform by its appropriate officers 13 and employees the following CITY�function: Building Regulation Services. 14 3. COUNTY, through its Environmental Management Agency, is willing and 15 ready to rendertto CITY any and all such building regulation services upon 16 request of CITY subject to the terms and conditions hereinafter set forth: 17 IT IS MUTUALLY AGREED as follows: 18 1. COUNTY, through its Director of Environmeatal Management Agency 19 and the officers and employees of COUNTY's Environmental Management Agency, 20 shall furnish to CITY all services, including inspection and enforcement 21 services, in support of the regulations listed in paragraph III hereinbelow, 22 which the Environmental Management Agency furnishes within the unincorporated 23 area of COUNTY in consideration of the payments and fees hereinafter set forth. 24 11. It is agreed that COUNTY shall collect and retain all fees, 25 penalties and forfeitures as provided herein as set forth in COUNTY and 26 CITY ordinances and no permits shall be issued until such fees, penalties, 27 ind forfeitures have been received by COUNTY. In the, event the total of all 28, fees, penalties and forfeitures in a fiscal year should exceed the total 2D costs of provided services, CITY shall receive,. annually. a refund of 30 revenues in excess of total costs. In the event that the total cost exceeds 31 the total of all. fees, penalties and forfeitures in a Fiscal year, the 32 difference between revenues and costs sha-11 be paid annually by the CITY to the COUNTY. Excess revenues and deficits shall be based oil the percentage of - revenue collected for work in the CITY as compared to all revenues collected by the COUNTY for building regulation services. The Auditor-controiier sna�i determine the COUNTY's actual cost of performing t hese services and shall include in these costs the Agency's and COUNTY'S overhead. III. CITY shall, prior to the effective date of this Agreement, enact ordinances covering the following fields of regulation and enforcement, (a) A Building Code (b) A Plumbing Code (c) An Electrical Code (d) A Heating Code (e) A Building Relocation Ordinance (f) A Land Use Ordinance (g) A Trailer Park Ordinance (optional) CITY agrees that such ordinances, with the exception of the Land Use Ordinance, will be identical in all material respects, including the amount of fees or bonds required, with the corresponding ordinances and codes now in force in. the County of Orange. IV. CITY shall adopt all amendments to said County ordinances or codes, adop ted by the Board of Supervisors, within 120 days after request to do so by COUNTY. The Director of Environmental Management Agency, acting in behalf of the COUNTY, shall request CITY to adopt only those amendments which impact this Agreement. V. If at any time during the term of this Agreement CITY should amend or adopt an ordinance or code different from the foregoing, COUNTY shall be immediately advised thereof and the effective date of such amendment of such ordinance or code shall be not less thai 60 days from and after the date upon which the COUNTY has been so advised and has received a true copy thereof. In the event that the enforcement or administration of such amended or new code or ordinance will be at an increased cost to,COUNTY, CITY agrees to pay to COUNTY such increased costs as determined by the Director Environmental Management Agency in addiLi oil to any other consideration set forth herein. -2- Xk - - - - - - VI. CITY and couNry, pursuant to Government Code Section 895.4, hold each other harmless for iiability for inj uries as defined in Government Code Section 810.8, caused by the acts or omissions of the other or its officers, employees or agents in the performance of this agreement. VII. CITY shall not be liable for the direct payment of any salaries, wages or other compensation to any COUNTY officer or employee, whether a full- time or temporary employee, performing any services hereunder for CITY. V111. Except as otherwise specified herein, CITY shall not be liable for compensation or indemnity to any COUNTY officer or employee for any injury or sickness arising.out of his employment. IX. This Agreement shall continue in full force and effect for a term ending on June 30, 1977, provided that either party may terminate, without cause, upon 30 days' written notice. Upon termination of this agreement, COUNTY, at CITY'S option, shall complete inspections for which fees have been collected. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors and attested by the Clerk of said Board, and CITY has caused this Agreement to be executed by its Mayor and attested by the City Clerk of said CITY on the dates writte . n opposite their signatures. 5 -3- 21 Dated ATTEST: COUNTY OF ORANGE, a politi al subdivision of the State of California Aia- 4�- 1�a �- Chairman, Bbard of Supervisors 14ILLIMI E. ST. JOHN IHIS IS A FACSIMILE OF THE County Clerk and ex -officio Clerk ORIGINAL SIGNATURE FILED IN of the Board of Supervisors of THE OFFICE OF, THE CLERK. orange County, California B y Deputy Dated: May 5, 1976 CITY OF SAN JUAN CAPISTRANO, a municipal corporation By V..Yor ATTEST: B P"'y Clerk RECONIMENDED FOR APPROVAL: ih 0!:I�— . H. G. Osborne, Director Environmental Management Agency APPROVED AS TO FORMt ADRIAN KUYPER, COUNTY COUNSEL By� Deputy Cq - 1-2 WPPROVED TS TO FOrUM 6-pty Attorney, MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 12, 1977 IN RE: AGREEMENT FIRE PROTECTION CITY OF IRVINE on motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement, dated July 12, 1977, between the County of Orange and the City of Irvine providing for the County of Orange to furnish fire prevention, fire fighting, and rescue services to the City of Irvine, as recommended by the Chief of the Fire, Forestry and Rescue Department in his letter, dated June 27, 1977. IN RE: AMENDMENT TO AGREEMENT BUILDING REGULATION SERVICES CITY OF SAN JUAN CAPISTRANO on motion of Supervisor Schmit, duly seconded and unanimously carriett, the Chairman and the Clerk are authorized to sign the Amendment to Agrc!ement, dated July 12, 1977, between the County of Orange and the City oT San Juan Capistrano to provide certain Building Regulation Servic,as to the City of San Juan Capistrano extending the current agreem until June 30, 1978, as recommended by the Director of Environmental Manage:aent Agency in his letter, dated July 12, 1977. IN RE: REVISION OF TWO CLASS SPECIFICATIONS ENVIRONMENTAL MANAGEMENT AGENCY On motion of Supervisor Schmit, duly seconded and unanimously carried, the following revised Class Specifications for the Environmental Management Agency are adopted as recommended by the Assistant CAO/Personn in his letter dated July 12, 1977: Effective July 12, 1977. Water Works Maintenance Worker Class Code 3516 Environmental Regulation Aid Class Code 5300 (&FI013,2.3 (121161 qh AGENDA ITEM June 15, 1977 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Renewal of Agreement - orange County Environmental Management Agency - Building and Safety Services SITUATION: The City of San Juan Capistrano contracts with the County of Orange for building and safety services. it is anticipated that the City will utilize this service for the next two years, upon which time the City will assume the function of building and safety services in-house. The attached agreement will be revised to provide the City with the ability to assume the land use function from the County. This will occur when the Planning Department has made the necessary arrangements to assume this function. This agreement contains the same provisions as the 1976-77 agreement where the City is eligible to receive a refund if revenues exceed total costs of provided services. Also, if service costs exceed revenues, the City will incur a liability to the Orange County EMA. FINANCIAL CONSIDERATIONS: A final accounting from the Auditor Controller's Office has not yet been completed on the 1976-77 agreement. The Auditor Controller's Office has indicated that a refund of approximately $6o,000 will be due the City. When the Planning Department assumes the land -use function, a proportionate decrease in service costs will occur. This should enable the City to further increase its refund capacity depending on the efficiency of administration by the Orange County EMA. ALTERNATE ACTIONS: 1. Authorize the Mayor to execute the agreement. 2. Do not authorize the Mayor to execute the agreement. 3. Request further study. FOR CITY COUNCIL AGENDA Renewal of Agreement - OCEMA Building & Safety Services June 15, 1977 Page 2 RECOMMENDATION: By motion, authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, �J. i's . 6 W. D. MurPh�L� WDM:WPB:rm Encl.