1978-0816_SCALZO, MARTIN_AgreementAGREEMENT TO DO CORRECTIVE WORK
RESULTING FROM STORM DAMAGE
7THIS AGREEMENT MADE AND ENTERED INTO THIS
16th DAY OF August, 1978
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
HEREINAFTER CALLED "CITY;" AND
MARTIN SCALZO , HEREINAFTER
REFERRED TO AS "OWNER."
W I T N E S S E T H
WHEREAS, the impact of concentrated and prolonged
rainfall has caused certain slopes abutting public rights of
way to fail and to slide into and encroach upon such public
property; and
WHEREAS, the resulting encroachment has endangered
and continues to endanger the health, safety and welfare of the
public; and
WHEREAS, the City, accordingly, desires to cause the
dirt and debris to be removed from public property and to restore
the abutting slopes; and
WHEREAS, such work will require temporary access upon
and use of property belonging to OWNER: -AND
WHEREAS, OWNER acknowledges that the performance of
the aforesaid restoration work will benefit his property.
NOW THEREFORE, in consideration of the foregoing
premises and the promises hereinafter contained the parties
hereto agree as follows:
1. OWNER grants to CITY, its officers employees
and/or contractor, the right, license and permission
to enter upon that portion of his property delineated
on Exhibit "A" to undertake and accomplish restorative
and corrective repair thereon, pursuant to plans
attached hereto as Exhibit "B."
2, CITY shall notify OWNER 8 hours in
advance of the commencement of the work and shall
cause all entry and work to be done expeditiously
and with the minimum of inconvenience to OWNER.
3. OWNER shall indemnify and hold harmless
CITY from any and all damage and liability of every
kind and nature, which may arise as a result of CITY's
entry upon and use of his property and the performance
of corrective work.
4. OWNER agrees to pay -0-
dollars to the CITY as reimbursement for
OWNER's share of the cost of corrective work.
IN WITNESS WHEREOF, this agreement was executed the
day and year first above written.
APPROVED AS TO FORM:
t
Okazaki, City Attorney
ATTEST:
ary A nP4 Ifanoler, City Clerk
By
KENNETH E. FRIESS, MAYOR
By
MARTIN SCALZO OWNER
State of California
SS.���o�� �
County of )City of San Juan Capistrano
MY Comm cxp�Tcs APR 14, 1"70
GENERAL ACKNOWLEDGEMENT FORM
0nthis the day of September 19 78 before me,
the undersigned Notary Public, personally appeared
MARTIN SCALZO
known tnmetobothe peraun(s)whose name(a) is subscribed
tothe within instrument and acknowledged that he
executed the same for the purposes therein contained.
|mWITNESS WHEREOF, / hereunto set nnyhand and official seal.
'
C
0 0
Approval of Revised Budget:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the revised
budget expenditure for Project Committee No. 3 in the amount
of $3,392.40, said funds to be expended from the operating
expense of the Sewer Enterprise Fund.
'✓91
AUTHORIZATION AND AGREEMENTS FOR CORRECTIVE WORK
REGARDING SLIDE DAMAGE - DEL OBISPO STREET
(80) Council received copies of a report dated August 16, 1978, from
the Director of Public Works advising of the status of storm
damage repairs. A public hearing on storm damage repairs
was held on June 21st; as a result of that meeting private
property owners were notified of their obligation. Two
projects are to be coordinated by Public Works: a sidewalk
slide, North Del Obispo; and, a drainage ditch slide, South
Del Obispo. The South Del Obispo slide repair is eligible for
reimbursement from the Federal Disaster Assistance Administration.
The North Del Obispo slide repair, on private property, will be
funded by the property owners. The City will provide
administrative services for the restoration as a public service.
An Agreement To Do Corrective Work Resulting from Storm
Damage, whereby the property owner will reimburse the City
for their share of the cost of the corrective work, is
forwarded with the staff report for approval.
Approval of Agreement To Do Corrective Work:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the Agreement for
authorization to do corrective work, with in-house efforts
provided as a public service by the City, be approved. The
Mayor is authorized to sign the Agreement and the City Clerk
to attest thereto.
COUNCIL ACTIONS
1. APPOINTMENT OF TWO PLANNING COMMISSION MEMBERS
(68) Councilman Thorpe nominated Mary Morgan Abe; Councilman
Schwartze nominated Michael Imlay; Councilman Buccheim
nominated Anthony Bland; Councilman Thorpe nominated
Mary Jane Forster.
Mayor Friess drew names and took a roll call vote on the
candidates, as follows:
For the appointment of Mary Jane Forster:
AYES: Councilman Thorpe
NOES: Councilmen Hausdorfer, Schwartze, Buchheim,
and Mayor Friess
ABSENT: None
For the appointment of Mary Morgan Abe:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
For the appointment of Michael Imlay:
-15- 8/16/78
AYES: Councilmen Hausdorfer, Schwartze and Thorpe
NOES: Councilman Buchheim and Mayor Friess
ABSENT: None
For the appointment of Anth/anMd
nd;
AYES: Councilman Band Mayo Friess
NOES: Councilman Her and chwartze
ABSTAIN: Councilman T
ABSENT: None
Ma Morgan Abe, 25662 Spinrive, and Michael Imlay,
265 Briarwood Lane, receimajority vote and were
appoi ted to the Planning Con. Both appointees are
to fil a Statement of Econterest 10 days prior to
taking fice. Their termsxpire April 30, 1979, in
accordan with Ordinance N
(23) Council notedthat they is a vacancy on the Architectural
Board of Re vie .due to he appointment of Michael Imlay to
the PlanningCo issi Vacancy notices will be posted
and applications or ppointment accepted.
2. APPOINTMENT OF MEMS TO DOWNTOWN PLAZA
(68) Councilman Hausd fer n inated Barbara Davies; Councilman
Buchheim nomina d David eace.
Mayor Friess t ok a roll ca vote on the nomination of
Barbara Davie ; the vote was s follows:
AYES: Councilmen Hausd fer and Schwartze
NOES: Councilmen Thorpe, uchheim and Mayor Friess
ABS T: None
Mayor F iess took a roll call vote on a nomination of
David P ace; the vote was as follows:
ES: Councilmen Hausdorfer, Schw tze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
D id Peace, 29596 Westmont Court, received the m 'ority
v to and was appointed to the Downtown Plaza and P king
S udy Committee.
t was the consensus of the Council that the Planning
ommission make an appointment to fill the Committee va ancy
created by the death of John Taylor.
COUNC,1�L REMARKS
1. LEAGUE OF CALIFORNIA CITIES
(61) Councilman Hausdorfer suggested that he become the Alternate
Delegate to the League of California Cities and Councilman
Schwartze the Regular Delegate. Council concurred.
-16- 8/1.6/78
E
AGENDA ITEM
August 16, 1978
0
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Authorization To Do Corrective Work Regarding Slide
Damage - Del Obispo
SITUATION
On June 21, 1978, a public hearing on storm damage repairs was
held. As a result of that meeting, private property owners
were notified of storm damage repairs to be administered by
the City. Two specific restoration projects are to be coordi-
nated by the Public Works Department: North Del Obispo - side-
walk slide and South Del Obispo - drainage ditch slide.
The North Del Obispo slide is not grant eligible, and property
owners have been notified that they will be asked to participate.
The City has engaged the services of a geotechnical consultant
to develop specifications for the restoration projects. The
property owners of the North Del Obispo project will be requested
to fund costs for restoration performed by the contractor. At-
tached is an agreement to be used such that the City can be held
harmless from performance of work and enable the private property
slippage on the public right-of-way to be abated.
The South Del Obispo slide, across the street from Vermeulen's
Market, is grant eligible as is the roadway damage adjacent
to the drainage ditch. Federal funds will not pay for private
property restoration. The attached agreement will enable equip-
ment and materials to be utilized on private property for the
restoration of this area. Also, the City will be held harmless
from work performed by the contractor.
FINANCIAL CONSIDERATION
The City is incurring a limited amount of liability with regards
to reimbursement from the Federal Government. When a project
is completed, Federal inspectors are contacted and a review
process begins. The Federal Disaster Assistance Administration's
(FDAA) review of these projects will take months, while the City
awaits reimbursement. It is anticipated that the FDAA will re-
imburse the entire cost of the South Del Obispo site and private
property owners will fund the North Del Obispo site. The City
is providing the administrative services for this restoration
program as a public service.
FOR CITY COUNCIL AGENDA .:.. /
/,3,
• •
James S. Mocalis, City Manager August 16, 1975
Re: Authorization To Do Corrective Work
Regarding Slide Damage - Del Obispo
Page 2
ALTERNATE ACTIONS
1. Approve the agreement for authorization to do corrective
work with in-house efforts provided as a public service
by the City, and authorize the Mayor to sign.
2. Approve the agreement for authorization to do corrective
work and direct that the City fund the private property
restoration; authorize the Mayor to sign.
3. Request further information from staff.
By motion, approve the agreement for authorization to do
corrective work with in-house efforts provided as a public
service by the City, and authorize the Mayor to sign.
(fRespectfully submitted,
W,iY C%'
�'Ll
W. D. Murphy
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EXHIBIT "A"
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CITY OF SAId JUAN CANS I)LAN U
DEPARTMENT OF PUBLIC WORKS
STORM DAMAGE REPAIRS 1978
EXHIBIT "B" Sheet 1 of 3
-544
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 92675
PHONE 493.1171
September 18, 1978
Mr. Martin Scalzo
522 S. E1 Camino Real
San Clemente, CA 92672
Re: Right of Entry: Assessor's Parcel No. 121-181-08
Dear Mr. Scalzo:
In order to proceed with corrective work on the failed slope
in the public right of way adjacent to your property, you are
requested to sign a Right of Entry document. To expedite
commencement of this project, please come to City Hall to
authorize the subject document, preferably before 5 p.m, on
Wednesday, September 20, 1978.
There is no cost to you for this restoration project. This
area is now a hazard to school children, and we would appreciate
your support. Upon arrival at City Hall, please contact the
City Clerk's Office.
Sincerely,
CvI�T�Y OF SAN JUANNCCAAPISSTRANO
l l ! • O 406V
W. P. Becker
Administrative Aide
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