1975-0917_CASITRANO VALLEY BAPTIST CHURCH_Reimbursement Agreement •
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, for purposes of identification, hereby
dated the 17th day of September , 1975, is by and between CAPISTRANO
VALLEY BAPTIST CHURCH, SOUTHERN, a California Corporation, herein-
after referred to as "DEVELOPER, " and CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY. "
W I T N E S S E T H:
WHEREAS, the CITY has heretofore adopted the Master Plan
of Drainage for the San Juan Capistrano-Capistrano Beach Area
(hereinafter called Master Plan) , which establishes drainage fee
assessment areas throught the CITY; and
WHEREAS, in connection with the development of its land,
DEVELOPER applied for and was granted Land Use Permit No. 72-103
on condition that it meet the requirements of the aforesaid Master
Plan; and
WHEREAS, in accordance with the Master Plan, DEVELOPER
was required to pay a drainage assessment fee of Four Thousand
Five Hundred Thirty Nine Dollars and Eighty-five Cents ($4, 539.85) ;
and
WHEREAS, DEVELOPER has paid said drainage assessment fee;
and
WHEREAS, DEVELOPER has constructed a portion of Master
Planned Facility LO1P02; and
WHEREAS, CITY has determined that a cost of Sixteen
Thousand Six Hundred Twenty Dollars ($16,620) incurred by Church
in said construction, is eligible for reimbursement; and
WHEREAS, DEVELOPER has, accordingly, expended Sixteen
Thousand Six Hundred Twenty Dollars ($16,620) for and on account
of said construction, and is entitled to reimbursement of that sum.
NOW, THEREFORE, in consideration of the premises herein-
above set forth, CITY agrees to reimburse DEVELOPER the aforesaid
sum of Sixteen Thousand Six Hundred Twenty Dollars ($16,620) from
drainage fees collected from Drainage Assessment Area L02, under
the following terms and conditions :
1. Term; This Reimbursement Agreement shall remain in
effect for a period of seven (7) years from the date of this
Agreement._
2. Priority in Claims: It is hereby specifically under-
stood and agreed that the reimbursement payment contemplated
herein shall come solely from funds paid into the aforesaid
Drainage Assessment Area L02, and in the event that there should
be other parties claiming refunds, the priority of any payments
made from said fund shall be determined by the date of the
respective reimbursement agreements .
3. Completion of Master Planned Facilities: CITY shall
not be required to reimburse DEVELOPER until all master planned
facilities within the Drainage Assessment Area L02 have been con-
structed, unless City Council determines that the payment of such
reimbursement will not jeopardize the improvement or construction
of master plan facilities .
-1-
4. Binding Effect: This Agreement shall be binding on
the parties hereto, their successors, heirs, or assigns, and it
shall be the duty and obligation of the DEVELOPER, its successors,
heirs, or assigns, to inform the CITY of any changes in address .
The official mailing address of CITY is as follows:
32400 Paseo Adelanto
San Juan Capistrano, California 92675
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year hereinabove first written.
CITY OF SAN JUAN CAPISTRANO
C`
ES K. ATHERS, A OR
ATTEST:
'NARY ANN ANOVER, CITY CLERK
APPROVED AS TO FORM:
dAM=ES=S.3_O_ZAKI , TY ATTORNEY
CAPISTRANO VALLEY BAPTIST CHURCH,
SOUTHERN
BY
4'�By
-2-
4. , PROPOSAI. FOR PURCHASE OF
CAPISTRANO UNION HIGH SCHOOL
(78) Council received copies of a proposed Resolution offering to
purchase the Capistrano Union High School, as requested by
Councilman Sweeney on January 26.
The Resolution proposes the payment of an undetermined sum
for the buildings located on the site, a payment of $1.00
for the land, and an agreement to lease the buildings back
to the District for $1.00 per year for the next two years at
which time the City will exercise its right to full use of
the site and buildings for continued public use. -
Councilman Sweeney advised that the $1.00 amount listed for
the land is intended only as a means for discussion, with a
commitment on the part of the City that the land, which was
originally obtained from the landowners in the City, would
continue in prblie use as pari: of' a public facility, as a
community center, and possible County library site. If the
proposal appears feasible, staff should be directed to obtain
the actual footage of building area required and, using the
most recent school construction costs, estimate a dollar
figure for the buildings located at the existing High School.
Councilman McDowell suggested that the City Manager and
School Superintendent discuss the matter. Councilman Friess
noted his concern with costs involved, and Mr. O'Sullivan
advised that approximately $500,000 has been set aside in
reserve funds designated for the acquisition of a community
center site.
Jan Overton, School Board Member addressed the Council to
advise that although she could not comment on the overall
merits of the proposal, the City is aware that the District
is in short supply of classrooms and that the rooms at the
IIigh School will be needed until a school construction bond
issue is passed. Mayor Nash advised that the City is attempt- i
Ing to start a progression of discussion with the District.
In response to an inquiry from Mayor Nash, Mrs. Overton advised
that it would be appropriate for the City Manager to meet with j
the School Superintendent to discuss the matter, and the Mayor
so directed.
I
5. APPROVING TENTATIVE TRACT 9284
(SDII TII/KING)
(85) It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUTION NO, 77-2-2-6, TENTATIVE TRACT NO. 9284
SMI Th',�KI NG) - A HESOLU'170N OF THE CITY COUNCIL OF
T11E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROV-
ING TENTATIVE TRACT MAP 9284 (SMITH/KING)
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess {
NOES: Councilman lie ckscher and Mayor Nash
ABSENT: None
RECESS AND RECONVENE I
i
Council. recessed at. 8:37 P.M. and reconvened at 9:00 P.M. with
Councilman L'echscher absent from the remainder of the proceedings.
5
-7- 2/2/77
i
CONSENT CALENDAR
The City Manager advised of corrections to be made in the total
amounts shown on the warrant list.
it was moved by Councilman McDowell; seconded by Councilman Sweeney
that the staff recommendations be accepted with regard to all items
listed on the Consent Calendar. The motion carried by the following
vote;
AYES: Councilmen Sweeney, McDowell, Friess,
and Mayor Nash
NOES: None
ABSENT: Councilman Heckscher
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 2, 1977, Warrants Nos.
8950 through 9077, inclusive, and 1911. Act Account Warrants
Nos. 0184 through 0195, in the total amount of $120,717.94,
are approved as corrected.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF NOVEIDIBEF. 30, 1976
(41.) The City Treasurer's Report of Fund Cash Balances for the
month of November, 1976, is ordered received and filed.
3. REPORT OF PLANNING COMMISSION MEETING OF
JANUARY 25, 1977
(67) The Report of Actions taken by the Planning Commission at the
meeting of January 25, 1977, is ordered received and filed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
• 1. REQUEST FOR RELEASE OF REIMBURSEMENT FUNDS -
MASTER PLANNED DRAINAGE FACILITY, ABEA_1,02
(CAPISTRANO VALLEY BAPTIST CHURCH) "
i
(80) Council received copies of a report dated February 2, 1977,
from the Director of Public Works forwarding a letter dated
January 20, 1977, from William D. Davenport, Pastor of the
Capistrano Valley Baptist Church. The Church is requesting - I
release of $16,620 in funds for reimhursement of the cost of
construction of the Master Planned Drainage Facility in Asses-
sment Area 1.02, pursuant. to the Agreement dated September 17,
1975. The L02 Drainage 1,rea Fund presently has a negative
balance of
Pastor J?a et;npart addT•eeserl the Counetl in �upporC of the
request for rc itnbtxrscmcu l:. _
It was moved by Councilma., Mr,Dovell, soconded by Councilman
Fx•fess and unahimor.sly carried to otppiove t,hc request for
reiribu;❑ tnt of £uad ,-Yid add- ;site 3_ , overdraw the L02
Account.
2. SBRRA PRO Ti'("i ( O'.dnII7 IF ]'G JO -- '
COAST S. ,1 CLTtlr:_PE)
(79) Council r<:ce ived copies of n report. dated February 2, 1977,
from James F. Thorpe, 1iie City's rep;eschtative to the South
East Regional Reclamation Authority, regarding Project. Com-
mittee No. 10, the coustructcLou of the Coast Highw-y land -
outfall. The crest and control of t.hc Project are the
-9- 2/2/77
i
LPA
O CALIFORNIA DETACH AND RETAINNO A gpgg
CAPISTRANOPURCHASE ♦UND-FUN C(IOu-O91[CVPROrt CT ENCUMBRANCE GRO55 LON]TSCNT PREVIOUSBALANCEORDER NO. CANCELLED AMOUNT OR 019C. BALANCE !
6/7 Repayment of drainage reimbursement igreement Ij
dated September 17 , 1975 by City Cou cil action !
of February 2 , 1S77 . 16,620. 00 'ff
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ACCOUNTING DIVISION RECORD SO. CAui. IST NAr'L BANK
City of San Juan Capistrano DEMAND ACCT. 122222
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675N� p - - g p gO Q
DATE WARRANT lr A
NUMBER
12/16/77 90985
TO THE ORDER OF -
Capistrano Valley Baptist Church
,32032 Del Obispo CITY OF SAN JUAN CAPISTRANO
,San Juan Capistrano, CA 92675
LASUR
SOUTHERN CALIFORNIA
?IS FIRST NATIONAL BANK
SAN JUAN CAPISTRANO OFFICE T R E
319171 Ceminp CeplsRam,sen Juan CepsRAADC&1ifwnn 926175
I: L222[R22221:045200039i11'
APPROVED:
AGENDA ITEM February. 2, 1977
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Request for Release of Reimbursement Fund -
(Capistrano Valley Baptist Church)
SITUATION:
In 1975, the Capistrano Valley Baptist Church constructed additional
facilities at their location on Del Obispo Street (see attached map. )
The City required the church to extend a Master Planned Drainage
Facility and a reimbursement agreement was executed on September 17,
1975 . Subsequently, the drainage facilities were constructed and
accepted by the City.
The City has received a letter from the church requesting release of
funds for reimbursement for the cost of construction of the drainage
facility ($16,620) allowed in the agreement . A copy of the letter
is attached as is a copy of the agreement. Paragraph 3 of the
agreement states, "CITY shall not be required to reimburse DEVELOPER
until all master planned facilities within the Drainage Assessment
Area L02 have been constructed, unless City Council determines that
the payment of such reimbursement will not jeopardize the improve-
ments or construction of master planned facilities . " Also, the
agreement states (paragraph 2) , "It is hereby specifically understood
and agreed that the reimbursement payment contemplated herein shall
come solely from funds paid into the aforesaid Drainage Assessment
Area 1,02, . . . . . " . The Assistant City Manager has affirmed that the
L02 fund has a negative balance of $229,000.
FINANCIAL CONSIDERATIONS:
The L02 Drainage Area Fund presently has a negative balance of
$229,000. Therefore, there are no monies available in the fund
for the payment of the requested reimbursement of $16,620.
ALTERNATE ACTIONS:
1. Deny the request from the Capistrano Valley Baptist Church for
reimbursement of funds expended for a master planned drainage
facility.
2. Approve the request for reimbursement of funds and additionally
overdraw the L02 account .
3 . Request further information from Staff.
FOR CITY COUNCIL AGENDA_ ...
James s. Mocalis , City Manager
Request for Release of Reimbursement Funds
February 2, 1977
Page 2
RECOMMENDATION.
By motion, deny the request from the Capistrano Valley Baptist
Church for release of funds, finding that the L02 Drainage Area
Assessment Fund is presently overdrawn and that repayment shall
be in accordance with the Reimbursement Agreement between the
City and the Church.
Respectfully submitted,
Lj . n. �oS
W. D. Murphy
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32032 DEL OBISPO ROAD•SAN JUAN CAPISTRANO,CALIFORNIA 92675 ELP'1"br714)493-1940
SAN JUAN
CAP15TRP,
January 20, 1977
Mayor Nash & City Council
City of San Juan Capistrano, California
Dear Sirs:
I am writing on behalf of Capistrano Valley Baptist Church to
request the release of funds in our reimbursement agreement dated
September 17, 1975 between our church and the City of San Juan Capistrano.
Our assessment area is L 0 2 and the amount of reimbursement is
$16,620.00.
We have carefully complied with everything asked of us and have
now totally completed the project as prescribed by our city. The
cost was for over our budget, thus we are at a point that it is necessary
to ask for the monies in order to pay off debts to contractors who are
now waiting due to the fact we have exhausted our financial resources,
including five men who have personally borrowed $10,000.00 each so that
we could finish the project.
Thank you for your prayerful consideration.
Sincere/l, /yours, "'
Wm. Davenport
Pastor
WDD:ln
X
WM. D.DAVENPORT, PASTOR.WALTER CONNELL, MINISTER OF EDUCATION AND ADMINISTRATIOu-DR.MLLFON A.EARN, BUSINESS MANAGER
WALT FALKENENIIY, MINISTER OF MUG16.NEW R.KAVAIII BIBLE COLLEGE DIRECTOR.DWEUS JOAN. CHRISTIAN COUNSLLING CENTER
EDWARD J.CARNEY. CHRISTIAN SCHOOLS PRINCIPAL DALE HICKEY, 1R HIGH HIGH SCHOOL PR'NCIPAI
5
I t'a'r)
REIMBURSEMENT AGREEMENT
` . THIS AGREEMENT, for purposes of identification, hereby
dated the 17th day of September , 1975, is by and between CAPISTRANO
t
VALLEY BAPTIST CHURCH, SOUTHERN, a California Corporation, herein-
after referred to as "DEVELOPER," and CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY."
W I T N E S S E T H:
WHEREAS, the CITY has heretofore adopted the Master Plan
of Drainage for the San Juan Capistrano-Capistrano Beach Area
(hereinafter called Master Plan), which establishes drainage fee
assessment areas throught the CITY; and ;
WHEREAS, in connection with the development of its land,
DEVELOPER applied for and was granted Land Use Permit No. 72-103
on condition that it meet the requirements of the aforesaid Master
Plan; and
WHEREAS, in accordance with the Master Plan, DEVELOPER }
was requl: •d to pay a drainage assessment fee of Four Thousand }
Five Hundred Thirty Nine Dollars and Eighty-five Cents ($4,539.85); s
and 9
t
WHEREAS, DEVELOPER has paid said drainage assessment fee;
and y6+
WHEREAS, DEVELOPER has constructed a portion of Master i
Planned Facility LOlP02; and
WHEREAS, CITY has determined that. a cost of Sixteen
Thousand Six Hundred Twenty Dollars ($16,620) incurred by Church
in said construction, is eligible for reimbursement; and `
WHEREAS, DEVELOPER has, accordingly, expended Sixteen
Thousand Six Hundred Twenty Dollars ($16,620) for and on account
of said construction, and is entitled to reimbursement of that sum. 3
NOW, THEREFORE, in consideration of the premises herein- 5
above set forth, CITY agrees to reimburse DEVELOPER the aforesaid
sum of Sixteen Thousand Six Hundred Twenty Dollars ($16,620) from
drainage fees collected from Drainage Assessment Area L02, under
the following terms and conditions:
1. Term: This Reimbursement Agreement shall remain in
effect for a period of seven (7) years from the date of this
Agreement.
2, Priority in Claims: It is hereby specifically under-
stood and agreed that the reimbursement payment contemplated
herein shall come solely from funds paid into the aforesaid
Drainage Assessment Area L02, and in the event that there should
be other parties claiming refunds, the priority of any payments
made from said fund shall be determined by the date of the
respective reimbursement agreements. ,
3. Completion of Master Planned Facilities: CITY shall
not be required to reimburse DEX ELOPER until all master planned
facilities within the Drainage Assessment Area L02 have been con-
structed, unless City Council determines that the payment of such
reimbursement will not ,Jeopardize the improvement or construction
of master plan facilities.
_1.. 1
{
4. Binding Effect: This Agreement shall he binding on
` the parties hereto, their successors, heirs, or assigns, and it
shall be the duty and obligation of the DEVELOPER, its successors,
heirs, or assigns, to inform the CITY of any changes 1n address.
The official mailing address of CITY is as follows:
32400 Paseo Adelanto 3
San Juan Capistrano, California 92675 ;(
IN WITNESS WHEREOF, the parties hereto have executed i
this Agreement as of the day and year hereinabove first written.
CITY OF SAN JUAN CAPISTRANO
MES K. W THERS, MAYO R
ATTEST:
AANOYER,�� CLERK
LEftF;
v
APPROVED AS TO FORM: { '
d qz tII
AMES S. OKA2AKI , L TY ATTORNEY
CAPISTRANO VALLEY BAPTIST CHURCH,
SOUTHERN p
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482 • •
to an underground right.
Council action on this matter was taken later in the meeting,
3. STREET Tin)ROVEMENT AGREEMENT, 32302 CAMINO CAPISTRANO (DROWN)
Council received copies of a report dated September 17, 1975,
from the Director of Public Works forwarding copies of a
proposed Agreement for the construction of street improvements
in conjunction with an office building project on the north-
east corner of Camino Capistrano and Ave. Padre. The project _
is within the area of the proposed Camino Capistrano
Improvement District, which includes street improvements and
utility undergrounding.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement,
authorize the Mayor to execute the Agreement on behalf of the
City, and the City Clerk to attest thereto. Staff is also
authorized to accept a faithful performance bond in the
amount of $9,000 to be submitted by the developers, A. W. -
Brown and Diane E. Brown.
4. DEL OBISPO BRIDGE APPROACH - CHANGE ORDER NO. 1
NOBLE
Council received copies of a report dated September 17, 1975,
from the Director of Public Works forwarding Contract Change
Order No, 1, which provides for a 45-day extension of time
for the Del Obispo Bridge Approach Project. Commencement of
the project was delayed 6 weeks due to a steel fabrication
strike.
It was moved by Councilman Sweeney, seconded by Councilman -
Heckscher and unanimously carried to approve Contract Change
• Order No. 1, Project No. 7599-04 , R. J. Noble Company,
The date of the completion of the project is extended to
October 31, 1975. d:
5. MASTER PLAN OF DRAINAGE - REIMBURSEMENT AGREEMENT, LUP 72-103
(CAPISTRANO VALLEY BAPTIST CH
Council received copies of a report dated September 17, 1975,
from the Director of Public Works forwarding copies of a
proposed reimbursement agreement between the City and the
Capistrano Valley Baptist Church for master planned drainage
facilities in conjunction with the recent Church building
expansion. In constructing a portion of Master Planned
Facility LOIP02, the Church has incurred costs of $16,620
would would be eligible for reimbursement.
It was moved by Councilman Sweeney, seconded by Councilman }
Byrnes and unanimously carried to approve the Drainage
Reimbursement Agreement between the City and the Capistrano
Valley Baptist Church, to authorize the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest
thereto.
6. PASEO Cf ELO SANITARY SEWER CONSTRUCTION
TUR OF HID
Council received copies of reports dated September 17, 1975,
from the Director of Public Works forwarding a tabulation of
bids received on September 17th for the construction of the
Paseo Cielo sewer lino. -
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney to accept the low bid in the amount of $9;668.40 j
-4- 9/17/75
AGENDA ITEM September 17, 1975
TO: James S. Mocalis , City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Capistrano Valley Baptist Church Drainage
Reimbursement Agreement (LUP 72-103)
SITUATION:
The Capistrano Valley Baptist Church has requested that the City enter
into a reimbursement agreement with the Church for master planned
drainage facilities constructed during the recent Church expansion.
This construction consisted of extending Facility L01P02, 115 feet
in a westerly direction. The Church had a previous drainage reimburse-
ment agreement with the City in the amount of $3, 714 for prior con-
struction. The proposed agreement would create new reimbursement
obligations. Copies of the previous agreement and the proposed agree-
ment are enclosed for Council consideration.
FINANCIAL CONSIDERATION:
The Capistrano Valley Baptist Church has requested that the amount
of $21 , 713.86 be considered ; a letter from Richard H. Woolard is
enclosed which indicates the determination of this fee. Staff recom-
mends considering an amount of $16, 620. The basis for this consider-
ation is indicated on the enclosed calculation sheet. If Council
approves the proposed agreement, the total drainage agreement obli-
gations to the Capistrano Valley Baptist Church shall be $16,620.
This obligation is fulfilled only when funds are available in
Drainage Fund L02 and all master planned facilities have been con-
structed . See Items 2 and 3 in the proposed agreement.
ALTERNATE ACTIONS:
1 . Enter into a reimbursement agreement with the Capistrano Valley
Baptist Church.
2. Do not enter into a reimbursement agreement.
3 . Request further information from Staff.
RECOMMENDATION:
By motion, approve the enclosed reimbursement agreement and authorize
the Mayor to execute the original document.
Respectfully submitted,/
W. D. Murphy I
WDM :GML:rm
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CITY OF SAN JUAN CAPISTRANO •
BY PWL DATE SUBJECT-{ 8 Ole, 1 P01,10 VIJI !.bY P1:01`) T _SHEET NO._L—OF_�
CHKD. BY DATE C'r1Ur-[N 1,111`1 '.dF"��.f l_ h�IJAIT Fk°P� Ft-I OBNo..�
1'EFk2ENC� ; FCICFIar�l� L. W001-0 k0 U TM , I)ATEO TULY D-01193 S-
(1)
(1) IT°M S v t 1 PO NOT Qy ,I- GfFY , jIOT P(P:;GTL'I iitLr+r CG
TO hfisTbk PtP(gIV :0 FNCILITY. EXi;tPT:
A. PfiVIAI& COST $93Y7.52
COOT PEP ��� FT 1 /5,2 50 SO. FT.
1.10 Iso, FT
B. PAvfw- GVER r- 6-P.
120Fr • 0FT • I-Wr-T7— `tl,Ii :l .? 0
W ,ITEM 6 OUPLIFItS TUIrit,LY x106 WUT61a PLWiJ.v'� io�
FPC Ill IP (,,havVE5_ GA)
48,625.00tT4,211. 36 6i , 89!• S �
(3) ITEI'i -I 1 0 H _T1:MP0"FW- Y FHCILIP/ r"JV (" ' 1.:-
FOP, CnNS i DF R t�TI 01\(
(`I) ITEM 7A 1S CONS IULRCJD R6J.11tL'Rri6 C F iNE C;-� �IC}; t7E
v4c--,TL" M , oTHU(IURAL Cf'N! LS COVEPez) Tc vOPHR Y POPT101J
A Np ,VOT ELIC 113(-V FOR CGNS NtRATiLN
$21000 F 14 ' ',o
12,000
(;) TOTAL EtIt10LI
� ulo.40012189-I.867 $ 2,o00 = 161616. 26
. Ust: �ib, 620
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• cRicfza%d dl. C1111ociatJ 0 #
GENERAL. ENGINEERING CONTRACTOR
;7454 SANTA MARIA ST.
FOUNTAIN VALL-F'f. CA!_Ir. 92708
PHONE (714) 842.3459
July 30, 1975
A.B. Andersen
818 West Katel.la Ave.
Orange, California 92667
Be; Cost Breakdown on Off Site Improvements.
Dear Sir,
This breakdoAn will be in reference to our invoice dated
7-30-75. The items listed below will be the same as listed
on said invoice.
Item #3. Off Site Concrete.
A-2 Curb and Cutter 121L/F @ 6.50 786- 50 -
44
86. 504R Sidewalk 319S/F Q 1.00 319.00
6" Drive Approach 443S/F. @ 1.20 -91.60
Total Concrete 1$ .3
Item #5. Off Site Paving Includes 950Cy' s of Compacted earth
krcr k -e 0. gin^1 quantity �,rss c anc .z from
4,7i /-F"
to 512505/F of 4 +A/C
over 14g"base section.
The cost listed below also includes prise and seal,
Plus barricaded detour.
Total cost Off Site Paving.
9,397.52
Item #6, H.C.P. pipe. includes Dig, Lay and backfill 115L/F.
8,62;,00
Item #6a. Pipe cost. 4, 272.86, )
Item J17. C.M.P. pipe. Includes Dig, remove, relocate and
52L/F. backfill. New bands and hardr; re.
4 316.00
Item Pa. Added cost due to structual changes, barricade
system. 4 500,00
Total Pipe costs
,Beapectfully Submitted!
Richard H. Woolard.
TO: HONORABLE MAYOR AND CITY COUNCIL August 22, 1973
FROM: Donald G. Weidner, City Manager
SUBJECT: Storm Drainage Fee Refund
SITUATION•
The Capistrano Valley Baptist Church, when constructing its new
facility on Del Obispo, entered into a storm drainage reimburse-
ment agreement with the City in which we acknowledge the over-
payment of $3, 714 for storm drainage facilities. The agreement,
while acknowledging an obligation to the church, stipulates the
City is not required to return the overpayment until such time
as all drainage needs in that storm drainage district (LO 2)
are met.
In the meantime, the Church has experienced higher construction
costs than anticipated and is in urgent need of additional funds
to complete its work. Staff has reviewed the financial status
of this storm drain district and finds that, due to the 1911
Improvement District project and a mandatory refund to Swan
Constructors in the amount of $55, 000 this September, the General
Fund already will be required to subsidize this storm drain
district. These needs have been budgeted. The refund to the
Capistrano Valley Baptist Church has not been budgeted. Future
development in storm drain district LO 2 will provide additional
revenues to make up the deficit currently funded by the General
Fund. While the request from the church for $3, 714 will not
cause severe financial hardships to the City, there are two
problems: (1) It adds to an already anticipated deficit in the
LO 2 drainage district. (2) Unless Council finds a case of
unusual hardship in this instance, the refund could create a
precedent for other developers to make early claims on their pay-
back agreements.
ALTERNATE ACTIONS:
1. Approve request
2. Deny request
3. Ask for additional financial information from Capistrano Valley
Baptist Church.
RECOMMENDATION:
Council Discretion.
Respectfully submitted,
Donald G. Weidner
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CAPISTRAO VALLEY BAPTISSCHURCH
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August 8, 1973 RAS
City Council
City of San Juan Capistrano
San Juan Capistrano, Calif.
Gentlemen,
As you are aware, we are inthe proce of seeking to
complete our jr-urrent building proj It has been
extremely i expensive than or' es
th i
or h a Se 29
QQ e r A100v
9.
a a a, 0, 0
he over ' e City of Sin uan *bspistrano—ar
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9,burch in the amount of $3,714, for drainage
is greatly needed by us at this time. Your favor-
able action in this matter would be greatly appreciated.
Sincerely yours,
FOR CITY COUNCIL
William D. Da
Pastor
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................................. 2.................. v,.............:AGEtJDA
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493-1940
32032 DEL OBISPO ROAD SAN JUAN CAPISTRANO, CALIFORNIA 92675
INFINITE IMAGING SYSTEMS
23011 Moulton Parkway. Suite#E-8
Laguna Hills, California 92653
(714) 472-2777
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O (Jll%1 ,�llll,'T :,f/11tj%1L92I/
32400 PASEO AOELANTLANTO� ?
SAN JUAN C PISTRANO,CA.LIF'JRN/I)A 92675
QFfONE 493117,",7" {
•fix;may. 4I��t.`d
February 10, 1977
William D. Davenport, Pastor
Capistrano Valley Baptist Church
32032 Del Obispo
San Juan Capistrano, CA 92675
Re: Master Planned Drainage Facility, Area L02
Release of Reimbursement Funds
Dear Pastor Davenport:
At their meeting of February 2, 1977, the City Council
took action to approve your request for release of $16, 620 in
funds for reimbursement of the cost of construction of the Master
Planned Drainage Facility in Assessment Area L02.
Warrant No. 9098, made payable to the Capistrano Valley
Baptist Church in the aforesaid amount, will be mailed to you
after the Council meeting of February 16 ,
Very truly yours,,
(Mrs. ) M y Ann Hanover
City Clerk
MAH/bab
cc: Finance Department
Director of Public Works
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SAN J PtST RA Y
MO�Cn� �k' &1 92675
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October 2, 1975
Capistrano Valley Baptist Church, Southern
32032 Del Obispo
San Juan Capistrano, California 92675
Re: Reimbursement Agreement
Gentlemen:
Enclosed are the original and one copy of the Agree-
ruent approved by the City Council at their meeting of September 17,
1975. Please sign both copies of the Agreement and return the
original to this office. The copy is for your files .
Thank you for your cooperation.
Very truly yours,
(MRS) ZANN HANOVER
CITY CLERK
/m
Enclosures
cc: Director of Public Works
CAPISTRANO VALLEY BAPTIST CHURCH
RICHARD GRUEN e' WALT FALKENBERRY
MINISTER OF EDUCATION
MINISTER OF MUSIC
MICHAEL A. CARLISLE �_ '�� }a �_ �i + ,tqf s'� - -
DOUGLAS JONES
MINISTER OF EVANGELISM �t,�—��- L� �,J'A`-*A_ CHRISTIAN COUNSELING CENTER
JACK SHIMASAKI - -- --_-- _ - EDWARD J. CARNEY
MINISTER OF YOUTH - CHRISTIAN SCHOOLS PRINCIPAL
WM. D. DAVENPORT
PASTOR
October 23, 1975
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CITY OF SAN JUAN CAPISTRANO m
32400 Paseo Adelanto q� '" E
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San Juan Capistrano, Calif. 92675
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Attention: Mrs. Mary Ann Hanover
City Clerk
Dear Mrs. Hanover:
Please find enclosed (as per your request) the signed
Reimbursement Agreement approved by the City Council at their
meeting of September 17. Also, per your instructions, we
are filing a copy of the agreement for our church records.
Very sinc rel yours,
Rev. Wm. .III������Davenport, Pastor
CAPISTRANO VALLEY BAPTIST CHURCH
WDD/i
32032 DEL OHISPO ROAD ♦ SAN JUAN CAPISTRANO. CALIFORNIA 92675 ♦ 493-1940