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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 WDM:WPB/tm Attachment 1 k y 9 I i ro Ile o Ada TRACT 18 673- �� C� \ 2.50AC. 6 20.07 AC, a, ea POR. LOT 65 297AC.ny �Q !�� pt•�0�' (1 8 2, / 6.4/AG. LO/T 67 1yP� s NO. /03 8.74 AC. /6.38X b LOT 64 \ ^� 05. m9 T,r R.S.2-37 22 29 A \ c • 39 A C. Lox 63 i - '� tit 1N Y •ww.' 4 qls Hv • / NOTE — TR. PJO. M.M. //-29 EXHIBIT "A" V ' h h - I� y l i` L Wo �h�j a N o lkLZ VJ II I � WQ 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 WPB:tm cc: City Clerk's Office