02-1105_CALIF DEPT OF TRANSPORTATION_Contribution Agreement Amd0
k= `�Z�T I�ioi�CL
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: mer
FROM: ""'•- ^i'- Qnep�� DATE: June 1, 2007
SITUATION:
At their meeting on November 5, 2002 the City Council of the City of San Juan Capistrano
approved an agreement with California State Department of Transportation for the City to
act as Agent for payment of Mitigation Fees to the Nature Conservancy:
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2005.
On April 19, 2005, said agreement was extended to June 30, 2007.
Please notify this office if agreement has been extended or completed.
ACTION TO QBE TAKEN:
• l� yVl�-rtit�o�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
c�17t-�
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 19 i
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/02/05 06/01/07
Deadline Date: 06/30/05 06/30/07
(600.301calif state dept transp)
12 -ORA -05 -KP 11.864/ PM 12.885
On Route 5 at Stonehill
Drive/Camino Capistrano
Northbound Serra on-ramp
In San Juan Capistrano
Realign Ramp
12- OA3901
District Agreement No. 12-469 A-1
AMENDMENT NO 1 TO AGREEMENT
This AMENDMENT NO. 1 TO AGREEMENT ENTERED INTO EFFECTIVE on
,) I , 2005 is between the STATE OF CALIFORNIA, acting by and through
its Department of Transportation, referred to herein as "STATE", and
CITY OF SAN JUAN CAPISTRANO,
a political subdivision of the State of
California, referred to herein as "CITY"
SD
District Agreement No. 12-469 A-1
RECITALS
The parties hereto entered into a Cooperative Agreement No. 12-469 (Document
No. 015441) on November 5, 2002,said Agreement defines the terms and
conditions of a project for State Highway improvements consisting of realignment
of the northbound Serra On-ramp to the northbound Interstate 5 in City of San Juan
Capistrano, referred to herein as "PROJECT".
2. It has been determined that PROJECT will not be constructed prior to the
termination date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED
The termination date specified in Article 6 of the "IT IS MUTUALLY AGREED"
Section of the original Agreement shall now be June 30, 2007 instead of June 30,
2005.
2. All other terms and conditions of said Agreement (Document No. 015441) shall
remain in full force and effect.
3. This Amendment No. 1 to Agreement is hereby deemed to be a part of Document
No. 015441.
STATE OF CALIFORNIA
Department of Transportation
Will Kempton
Director of Transportation
M.
Beil
Acting Deputy District Director
Project Delivery
District 12
APPROVED AS TO FORM AND PROCEDURE
District Agreement No. 12-469 A-1
CITY OF SAN JUAN CAPISTRANO
By !�
Wyatt Hart
Mayor
ATTEST:
Mar ret R. Monahan, City Clerk
By: By
Attorney CIT Attorney
Department of Transportation
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS
CERTIF D AS TWAFUND
By:DistrictBudger
August 2002 District Agreement No. 12-469 r
' }5441
12 - Ora - 5 - KP 11.864/ 12.885
At Stonehill Drive/Camino
Capistrano Northbound
Serra On -Ramp in San Juan
Capistrano
Realign Ramp
12 - OA3901
District Agreement No. 12-469
CONTRIBUTION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON // " 5_ , 2002, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as "STATE", and
CITY OF SAN JUAN CAPISTRANO, a political subdivision of
the state of California, referred to herein as "CITY".
SQ
August 2002 •
5 % 41
RECITALS
District Agreement No. 12-469
1. STATE and CITY, pursuant to Streets and Highways Code Section 114, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within the City of San Juan Capistrano.
2. STATE desires an improvement consisting of realignment of the northbound Serra
On-ramp to the northbound Interstate 5, referred to herein as PROJECT, within
CITY limits. PROJECT will impact 0.11 acres of a habitat restoration site. The
restoration site was permitted under an approved interim habitat loss mitigation
plan that was consistent with the State of California's Coastal Sage Scrub Natural
Community Conservation Planning (NCCP) Process Guidelines and special rule
promulgated pursuant to section 4(d) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), for the federally threatened coastal California
gnatcatcher (Polioptila californica califomica).
3. The U.S. Fish and Wildlife Service and California Department of Fish and Game
have implemented an in -lieu fee program as one option in satisfying some of the
requirements regarding impacts to habitat within the planning area for the NCCP in
Orange County. Currently, the in -lieu fee is $25,000 per acre. The funds generated
by the in -lieu fee program will be held by The Nature Conservancy until the time of
their use for land acquisition for the NCCP reserve.
4. The U.S. Fish and Wildlife Service and the California Department of Fish and Game
have determined that PROJECT's impact, to the restoration site should be offset at a
5 to 1 ratio.
S. STATE has selected that in -lieu fee option and CITY desires to provide assistance in
the administration of this option, in order to bring about the earliest possible
construction of PROJECT.
6. STATE and CITY intend to define herein the terms and conditions under which
payment to The Nature Conservancy is to be accomplished.
SECTION I
STATE AGREES:
1. To deposit with CITY within thirty (30) days after the programmed dollars in the
SHOPP 2004/2005 fiscal year become available, the in -lieu fee of $13,750.
August 2002 0
C`5r4.i
SECTION II
CITY AGREES:
1. To accept in -lieu fee payment of $13,750 from STATE.
Distric�greement No. 12-469
2. To make a payment of $13,750 to the Nature Conservancy within 10 days of receipt of
payment from STATE.
3. To provide the U.S. Fish and Wildlife Service and the California Department of Fish
and Game with a copy of that payment made to the Nature Conservancy.
SECTION III
IT IS MUTUALLY AGREED
1. All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties to this Agreement or affect the legal liability of either party
to the Agreement by imposing any standard of care with respect to the maintenance of
State highways different from the standard of care imposed by law.
3. Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section
895.4, the CITY shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
the CITY under or in connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement.
4. Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description brought for or on account
of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement.
S. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
6. This Agreement shall terminate upon payment to the Nature Conservancy by CITY,
pursuant to Section II, Article (2) of this Agreement or on June 30 , 2005, whichever is
earlier in time.
August 2002 0
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director.
District7{greement No. 12-469
'01-5441
1S441 CITY OF SAN JUAN CAPISTRANO
By
Diane Bathgate
Mayor
By ATTEST:
j/
E ique Alonso
eputy District Director
11 Project Delivery
Mar ret . Monahan, City Clerk
APPROVED
�AS�TO FORM: APPROVED AS TO FORM:
B V\J l `�— BY
Attorney cam— JohnS aw
Department of Transportation CITY orney
CERTIFIED AS TO FUNDS:
By:
Neda Saber Ansan
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
B �o- � F1�
Accounting Administrator
0 01
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Molly Bogh, Planning Director
FROM: Mitzi Ortiz, Deputy City Clerk DATE: May 2, 2005
SITUATION:
At their meeting on November 5, 2002 the City Council of the City of San Juan Capistrano
approved an agreement with California State Department of Transportation for the City to
act as Agent for payment of Mitigation Fees to the Nature Conservancy.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
7,,(to u... iZa:M D 8 -6k (q to
ggeu�y� • Ccunaaa+� ca-Pz�ea.�-�. 7-9-ta��.ce^,,,rus� 30, 2�'1
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
2V1
SIGNATURE OF OFFICIAL TAKING ACTION
DATE SIGNED:
Tickler Date: 05102/05
Deadline Date: 06/30/05
ZLGLGc�/'
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
(600.301calif state dept transp)
RECEIVED
MAY 0 2 2005
PLANNING DEPT.
0
32400 PASEO ADEI-ANTO
SAN JOAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
W W wsatyua cap[slrano. org
TO:
✓(,//J����� IAfAAAAAA1fA
MOW SA lA 1961
1776
TRANSMITTAL
Mili Lim, Chief
Design Branch A
Department of Transportation, District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92612-8894
FROM: Meg Monahan, City Clerk (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
RE: Amendment No. 1 to Cooperative Agreement No. 12-469 (11/5/2002)
Project: State Highway improvements — realignment of northbound Serra
on-ramp to northbound 1-5
DATE: May 9, 2005
Enclosed, please find enclosed (3) original, executed Amendment No. 1 as approved by
the City Council of the City of San Juan Capistrano on April 19, 2005.
These are in addition to those sent to you on April 27, 2005, per your request.
Thank you
Yv�y,
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TO:
• titu •
1118 111!
BraBlven 1961
1776
TRANSMITTAL
Joey Lee, Acting Chief'
Design Branch A
Department of Transportation, District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92612-8894
FROM: Meg Monahan, City Clerk (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
RE: Amendment No. 1 to Cooperative Agreement No. 12-469 (11/5/2002)
Project: State Highway improvements — realignment of northbound Serra
on-ramp to northbound 1-5
DATE: April 27, 2005
Enclosed, please find enclosed (2) original, executed Amendment No. 1 as approved by
the City Council of the City of San Juan Capistrano on April 19, 2005.
Please process execution of the agreement by appropriate parties with the State of
California Department of Transportation and return (1) original executed agreement to
my attention:
Meg Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Thank you
Cc: William Ramsey, Principal Planner
Lynnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
0 PnMO on regde paper
0
AGENDA REPORT
TO: Dave Adams, City Manager 19*,,
FROM: Molly Bogh, Planning Director
• 4/19/2005
t ;
SUBJECT: Consideration of Amendment No. 1 to Agreement No. 12-469 between the
City of San Juan Capistrano and California Department of Transportation,
to extend the time period from 2005 to 2007 for environmental mitigation
of proposed realignment of the northbound on-ramp to Interstate 5 at
Stonehill Drive
RECOMMENDATION:
By motion: approve Amendment No. 1 to Agreement No. 12-469 between the City of
San Juan Capistrano and California Department of Transportation extending the time
period from 2005 to 2007 for environmental mitigation (Interstate -5 northbound on-ramp
at Stonehill Drive)
SITUATION:
Summary and Recommendation
On November 5, 2002, the City Council entered into an agreement with the California
Department of Transportation (Caltrans) to provide for that agency to pay mitigation
fees to the California Department of Fish & Game (see Attachment 1, Contribution
Agreement 12-469 between Caltrans and City of San Juan Capistrano). The agreement
will expire on June 30, 2005, and Caltrans will not be ready to move forward with the
project prior to that date. Therefore, Caltrans requests the City extend the term of the
agreement to June 30, 2007. Extending the term of the agreement will neither delay nor
affect Dana Point's planned improvements to Stonehill Drive at Interstate -5. Staff
recommends approval of the amendment (see Attachment 2, Amendment No. 1 to
Agreement 12-469).
Backaround
On March 25, 1993, the U.S. Department of the Interior listed the California gnatcatcher
as a "threatened" species and adopted a special rule in accordance with Section 4(d) of
the Federal Endangered Species Act (FESA). That action provided protection to both
the California gnatcatcher and its primary habitat, coastal sage scrub. In 1994, the City
became a participant in the planning phase of the South Orange County Natural
Communities Conservation Planning (NCCP) Program and is responsible for
overseeing impacts to coastal sage scrub in the City. Because the proposed widening of
the 1-5 northbound on-ramp would require the removal of 0.11 acre of coastal sage
scrub, Caltrans was required to mitigate that impact. The mitigation took the form of
Agenda Report • •
Page 2 April 19 2005
payment of a mitigation fee and the agreement provides that Caltrans will pay a $13,750
mitigation fee.
On March 11, 2005, the City received a written request from Caltrans to extend the time
period for mitigation by two years. There would be no adverse impact to the City from
granting the time extension request. Therefore, staff recommends approval.
FINANCIAL CONSIDERATIONS
None.
NOTIFICATION
Joey Lee, Acting Chief*
Design Branch A
Department of Transportation, District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92612-8894
Agenda Report included
RECOMMENDATION
By motion: approve Amendment No. 1 to Agreement No. 12-469 between the City of
San Juan Capistrano and California Department of Transportation extending the time
period from 2005 to 2007 for environmental mitigation (Interstate -5 northbound on-ramp
at Stonehill Drive)
Respectfully submitted, Prepared by:
4'KA Pose
Molly B h William Ramsey, AICP
Planning Director Principal Planner
W R:hs
PAPlanning\Archive\IJPR PROJECTS\Caltrans-1-5&Stonehill-CCai-2004-4.19.doc
Attachment(s):
1, Contribution Agreement 12-469 between Caltrans and City of San Juan Capistrano
2, Amendment No. 1 to Agreement 12-469
August 2002 District Agreement No. 12-469
01.5441
12 - Ora - 5 - KP 11.864/12.885
At Stonehill Drive/Camino
Capistrano Northbound
Serra On -Ramp in San Juan
Capistrano
Realign Ramp
12 - OA3901
District Agreement No. 12-469
CONTRIBUTION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON u — S , 2002, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as `STATE', and
CITY OF SAN JUAN CAPISTRANO, a political subdivision of
the state of California, referred to herein as 'CITY.
August 2002 District Agreement No. 12-469
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code Section 114, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within the City of San Juan Capistrano.
2. STATE desires an improvement consisting of realignment of the northbound Serra
On-ramp to the northbound Interstate 5, referred to herein as PROJECT, within
CITY limits. PROJECT will impact 0.11 acres of a habitat restoration site. The
restoration site was permitted under an approved interim habitat loss mitigation
plan that was consistent with the State of California's Coastal Sage Scrub Natural
Community Conservation Planning (NCCP) Process Guidelines and special rule
promulgated pursuant to section 4(d) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), for the federally threatened coastal California
gnatcatcher (Polioptila cahfomica cahfornica).
3. The U.S. Fish and Wildlife Service and California Department of Fish and Game
have implemented an in -lieu fee program as one option in satisfying some of the
requirements regarding impacts to habitat within the planning area for the NCCP in
Orange County. Currently, the in -lieu fee is $25,000 per acre. The funds generated
ej by the m -lieu fee program will be held by The Nature Conservancy until the time of
their use for land acquisition for the NCCP reserve.
4. The U.S. Fish and Wildlife Service and the California Department of Fish and Game
have determined that PROJECT's impact, to the restoration site should be offset at a
5 to 1 ratio.
5. STATE has selected that in -lieu fee option and CITY desires to provide assistance in
the administration of this option, in order to bring about the earliest possible
construction of PROJECT.
6. STATE and CITY intend to define herein the terms and conditions under which
payment to The Nature Conservancy is to be accomplished.
SECTION I
STATE AGREES:
1. To deposit with CITY within thirty (30) days after the programmed dollars in the
SHOPP 2004/2005 fiscal year become available, the in -lieu fee of $13,750.
e.
August 2002 District Agreement No. 12-469
01.5441
SECTION II
CITY AGREES:
1. To accept in -lieu fee payment of $13,750 from STATE.
2. To make a payment of $13,750 to the Nature Conservancy within 10 days of receipt of
payment from STATE.
3. To provide the U.S. Fish and Wildlife Service and the California Department of Fish
and Game with a copy of that payment made to the Nature Conservancy.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties to this Agreement or affect the legal liability of either party
to the Agreement by imposing any standard of care with respect to the maintenance of
State highways different from the standard of care imposed by law.
3. Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section
895.4, the CITY shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
the CITY under or in connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement.
4. Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully defend, indemnity and save harmless CITY from all
claims, suits or actions of every name, kind and description brought for or on account
of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement.
S. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
6. This Agreement shall terminate upon payment to the Nature Conservancy by CITY,
pursuant to Section II, Article (2) of this Agreement or on June 30 , 2005, whichever is
earlier in time.
EE
1
Ly
0
August 2002
STATE OF CALIFORNIA 015441
Department of Transportation
JEFF MORALES
District Agreement No. 12-469
CITY OF SAN JUAN CAPISTRANO
By �w /
Diane Bathgate
Mayor
`�ATTEST:
nrique Atonso
Deputy District Director 12
Project Delivery G
M'; fT. 0*na w#6, CIty;Clerir
APPROVED AS TO FORM: APPROVED AS TO FORM:
By
Attorn
Department of Transportation
CERTIFIED AS TO FUNDS:
By: lhlk4o )
Neda Saber Ansari
District Budget Manager
By —
Johnh w
CITY A orney
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator
12 -ORA -05 -KP 11.864/ PM 12.885
On Route 5 at Stonehill
Drive/Camino Capistrano
Northbound Serra on-ramp
In San Juan Capistrano
Realign Ramp
12- OA3901
District Agreement No. 12-469 A-1
AMENDMENT NO 1 TO AGREEMENT
This AMENDMENT NO. 1 TO AGREEMENT ENTERED INTO EFFECTIVE on
2005 is between the STATE OF CALIFORNIA, acting by and through
its Department of Transportation, referred to herein as "STATE", and
CITY OF SAN JUAN CAPISTRANO,
a political subdivision of the State of
California, referred to herein as "CITY"
ATTACHMENT 2
District Agreement No. 12-469 A-1
RECITALS
The parties hereto entered into a Cooperative Agreement No. 12-469 (Document
No. 015441) on November 5, 2002,said Agreement defines the terms and
conditions of a project for State Highway improvements consisting of realignment
of the northbound Serra On-ramp to the northbound Interstate 5 in City of San Juan
Capistrano, referred to herein as "PROJECT".
2. It has been determined that PROJECT will not be constructed prior to the
termination date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED
The termination date specified in Article 6 of the "IT IS MUTUALLY AGREED"
Section of the original Agreement shall now be June 30, 2007 instead of June 30,
2005.
2. All other terms and conditions of said Agreement (Document No. 015441) shall
remain in full force and effect.
This Amendment No. 1 to Agreement is hereby deemed to be a part of Document
No. 015441.
32400 PASEO ACIELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
www.,sunjuancapistrano.org
April 20, 2005
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
V"ATT HART
JOE SOTO
DAVID M. SWERDLIN
On April 19, 2005 the City Council of San Juan Capistrano met regarding:
"Consideration of Amendment No. 1 to Agreement No. 12-469 between the City of
San Juan Capistrano and California Department of Transportation, to extend the
time period from 2005 to 2007 for environmental mitigation of proposed
realignment of the northbound on-ramp to Interstate 5 at Stonehill Drive" Item No.
D8.
The following action was taken at the meeting: Amendment No. 1 to Agreement No.
12-469 with the California Department of Transportation extending the time period
from 2005 to 2007 for environmental mitigation of the proposed realignment of
the northbound on-ramp to Interstate 5 at Stonehill Drive.
The following documents are in the process of being executed: Amendment No. 1 to
Agreement No. 12-469.
If you have any questions regarding this action, please contact William Ramsey,
Principal Planner at 443-6334 for more detailed information.
Thank you,
Mi�ti, �a-
Deputy City Clerk
Cc: Joey Lee, Acting Chief*; Department of Transportation; Molly Bogh, Planning
Director; William Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
E
32400 Pi ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
is
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEE"li POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 19, 2005 in the
City Council Chamber in City Hall, to consider: "Consideration of Amendment No. 1
to Agreement No. 12-469 between the City of San Juan Capistrano and California
Department of Transportation, to extend the time period from 2005 to 2007 for
environmental mitigation of proposed realignment of the northbound on-ramp to
Interstate 5 at Stonehill Drive" — Item No. D8
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, April 18, 2005 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member William Ramsey,
Principal Planner. You may contact that staff member at (949) 443-6334 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendas(
Meg Monahan, CMC
City Clerk
cc: Joey Lee, Acting Chief*; Department of Transportation; Molly Bogh, Planning
Director; William Ramsey, Principal Planner
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Panted on reii paper
0 0
8. RESOLUTION NO. 02-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING NO PARKING EXCEPT BY PERMIT, 3:00 A.M. TO 6:00 A.M. ON
THE EAST SIDE OF EL CAMINO REAL FROM LA ZANJA STREET TO EL
HORNO STREET." (570.70)
Written Communication Received:
Letters dated November 4, 2002, from Linda and Micheal Moyles, City residents,
requesting permit parking.
9. RESOLUTION NO. 02-11-05-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANYTIME" ON EL CAMINO REAL BETWEEN LA
ZANJA STREET AND EL HORNO STREET;" AND, INSTALLATION OF AN EDGE
LINE WITH RAISED PAVEMENT MARKERS APPROVED ALONG THE WEST
SIDE OF EL CAMINO REAL TO PROVIDE AN AREA SEPARATING VEHICLES
FROM PEDESTRIANS. (570.30)
�10. AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION APPROVED FOR THE CITY TO ACT AS AGENT FOR
PAYMENT OF MITIGATION FEES TO THE NATURE CONSERVANCY; AND,
MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (64 50)
/I �
11. RESOLUTION NO. 02-11-05-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS
FOR THE STONE FIELD RENOVATION PROJECT (CONSOLIDATED
CONTRACTING SERVICES, INC.) (CIP NO. 470);' CHANGE ORDER 5
APPROVED IN THE AMOUNT OF $67,932.55; CITY CLERK DIRECTED TO
FORWARD THE NOTICE OF COMPLETION TO THE COUNTY; AND, STAFF
DIRECTED TO RELEASE THE PROJECT RETENTION OF $78,954 THIRTY-FIVE
DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION. (600.30)
12. CASH FUND BALANCES BY FUND - SEPTEMBER 30, 2002, RECEIVED AND
FILED (330.50)
13. REPORT OF INVESTMENTS, MONTH ENDING SEPTEMBER 30, 2002,
RECEIVED AND FILED (350.50)
14. WARRANTS DATED OCTOBER 3, 2002, IN THE AMOUNT OF $1,300,716.19,
AND OCTOBER 17, 2002, IN THE AMOUNT OF $1,593,937.12; AND, PAYROLL
WARRANTS DATED OCTOBER 10, 2002, IN THE AMOUNT OF $237,664.03,
RECEIVED AND FILED. (300.30)
City Council Minutes 4 11-5-02
1115/2002
AGENDA ITEM p 10
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
SUBJECT: Consideration of Agreement between the City and the California Department
of Transportation for the City to act as Agent for payment of Mitigation Fees
to the Nature Conservancy.
RECOMMENDATION
By motion, approve the agreement between the City and the California Department of
Transportation for the City to act as agent for payment of mitigation fees to the Nature
Conservancy and authorize the Mayor to execute the agreement.
A. APPLICANT
Mr. Ahmed Abou-Abdou, Project Manager
California Department of Transportation
District 12
3337 Michelson Drive, Suite 380
Irvine, California 92612-8894
B. SUMMARY AND RECOMMENDATION. The California Department of
Transportation (Caltrans) is in the process of realigning the northbound Stonehill
Drive on-ramp (Serra ramp). It is designed to provide greater efficiency and will
reduce congestion at the Camino Capistrano/Stonehill Drive intersection. In
designing this project, it was determined that approximately 0. 11 acres of natural
habitat would be impacted. In consultation with the U. S. Fish and Wildlife Service,
and the California Department of Fish and Game it was determined that an on-site
restoration area was not a viable option in the immediate area of the freeway. It has
been agreed that the payment of an in -lieu fee to The Nature Conservancy is the
most appropriate mitigation measure.
Caltrans, by legislation, is not authorized to make a direct payment to The Nature
Conservancy. In response to this situation, Caltrans has requested that the City of
San Juan Capistrano act as its agent to pay the required mitigation fee. Caltrans will
transfer funds to the City, who will in turn pay the mitigation fee to the Nature
Conservancy. The attached agreement provides the mechanism to accomplish this
task. Staff recommends that the City Council authorize the Mayor to execute the
"Contribution Agreement."
FOR CITY COUNCIL AGENDA.
i •
AGENDA ITEM -2- November 5, 2002
C. BACKGROUND. As noted above, Caltrans is in the process of preparing to realign
the northbound access ramp from the Camino Capistrano/Stonehill Drive
intersection to Interstate 5. These improvements will include extending a new lane
from the on-ramp to the off -ramp for Camino Capistrano. The purpose of this ramp
improvement is to provide greater capacity and improved transition of vehicles onto
Interstate 5. In preparing the design plans it was identified that approximately 0. 11
acres of California Coastal Sage Scrub would be directly impacted. The resource
agencies (as identified above) have determined that the most appropriate mitigation
would be payment of an in -lieu fee to The Nature Conservancy for future habitat
land acquisition as part of the future south County NCCP area (Natural
Communities Conservation Plan). In order to implement this type of mitigation plan,
Caltrans has approached the City to act as an agent for the transfer of in -lieu fees
from Caltrans to The Nature Conservancy. The City has agreed to act as the agent,
and an agreement has been prepared to implement such a program.
D. ISSUES. Should the City act as an agent for Caltrans to transfer funds to The
Nature Conservancyfor habitat mitigation on a highway improvement project related
to the Stonehill Drive northbound on-ramp?
E. STAFF ANALYSIS. Staff has reviewed the contents of the agreement and
recommends that the City Council authorize the Mayor to execute the agreement.
The reasons for this recommendation are set forth as follows:
A. The ramp improvements will benefit residents of the community and will
assist in relieving congestion at the intersection of Camino Capistrano and
Stonehill Drive.
B. The agreement will provide a habitat mitigation that will have greater value
to the overall critical habitat for the south County region by contributing to
funds designed to acquire larger blocks of valuable habitat rather than the
marginal area which will be removed by this improvement project.
C. The amount of fees being paid by the City is a pass-through of fees received
from Caltrans and will be paid within 10 days of their receipt by the City.
OTHER COMMISSION REVIEW AND RECOMMENDATION
None.
PUBLIC NOTIFICATION
None required. A copy of this agenda item has been sent to Ahmed Abou-Abdou, project
manager for Caltrans, District 12.
0
AGENDA ITEM -3- November 5, 2002
FINANCIAL CONSIDERATION
The agreement calls for Caltrans to deposit with the City $13,750.00, and the City to
transfer this amount to The Nature Conservancy, with a copy of the payment receipt to be
provided to the resource agencies. A nominal administrative cost for providing this service
will be incurred.
ALTERNATE ACTIONS
Authorize the Mayor to execute the agreement.
2. Authorize the Mayor to execute the agreement with modifications or clarifications.
3. Continue the item and request additional information.
RECOMMENDATION
By motion, approve the agreement between the City and the California Department of
Transportation for the City to act as agent for payment of mitigation fees to the Nature
Conservancy and authorize the Mayor to execute the agreement.
Respectfully submitted,
Thomas Tomlinson
Planning Director
Attachment: 1. Contribution Agreement with Caltrans
C:\MyFiles\CIP\Caltrans Stonehill Drive Agreement ccai 11-5-02.wpd
August 2002 • District AgWent No. 12-469
12 - Ora - 5 - KP 11.864/12.885
At Stonehill Drive/Camino
Capistrano Northbound
Serra On -Ramp in San Juan
Capistrano
Realign Ramp
12 - OA3901
District Agreement No. 12-469
CONTRIBUTION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2002, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as "STATE", and
CITY OF SAN JUAN CAPISTRANO, a political subdivision of
the state of California, referred to herein as "CITY".
ATTACHMENT
August 2002 •
RECITALS
Dist Agreement No. 12-469
1. STATE and CITY, pursuant to Streets and Highways Code Section 114, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within the City of San Juan Capistrano.
2. STATE desires an improvement consisting of realignment of the northbound Serra
On-ramp to the northbound Interstate 5, referred to herein as PROJECT, within
CITY limits. PROJECT will impact 0.11 acres of a habitat restoration site. The
restoration site was permitted under an approved interim habitat loss mitigation
plan that was consistent with the State of California's Coastal Sage Scrub Natural
Community Conservation Planning (NCCP) Process Guidelines and special rule
promulgated pursuant to section 4(d) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), for the federally threatened coastal California
gnatcatcher (Polioptila califomica califomica).
3. The U.S. Fish and Wildlife Service and California Department of Fish and Game
have implemented an in -lieu fee program as one option in satisfying some of the
requirements regarding impacts to habitat within the planning area for the NCCP in
Orange County. Currently, the in -lieu fee is $25,000 per acre. The funds generated
by the in -lieu fee program will be held by The Nature Conservancy until the time of
their use for land acquisition for the NCCP reserve.
4. The U.S. Fish and Wildlife Service and the California Department of Fish and Game
have determined that PROJECT's impact, to the restoration site should be offset at a
5 to 1 ratio.
S. STATE has selected that in -lieu fee option and CITY desires to provide assistance in
the administration of this option, in order to bring about the earliest possible
construction of PROJECT.
6. STATE and CITY intend to define herein the terms and conditions under which
payment to The Nature Conservancy is to be accomplished.
SECTION I
STATE AGREES:
1. To deposit with CITY within thirty (30) days after the programmed dollars in the
SHOPP 2004/2005 fiscal year become available, the in -lieu fee of $13,750.
August 2002
SECTION II
CITY AGREES:
1. To accept in -lieu fee payment of $13,750 from STATE.
Distnc*eement No. 12-469
2. To make a payment of $13,750 to the Nature Conservancy within 10 days of receipt of
payment from STATE.
3. To provide the U.S. Fish and Wildlife Service and the California Department of Fish
and Game with a copy of that payment made to the Nature Conservancy.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties to this Agreement or affect the legal liability of either party
to the Agreement by imposing any standard of care with respect to the maintenance of
State highways different from the standard of care imposed by law.
Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section
895.4, the CITY shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
the CITY under or in connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement.
4. Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description brought for or on account
of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement.
5. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
6. This Agreement shall terminate upon payment to the Nature Conservancy by CITY,
pursuant to Section II, Article (2) of this Agreement or on June 30 , 2005, whichever is
earlier in time.
r
August 2002 DistrieWeement No. 12-469
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Project Delivery
APPROVED AS TO FORM:
M
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
By: JL/ZliM )
Neda Saber Ansari
District Budget Manager
CITY OF SAN JUAN CAPISTRANO
0
Diane Bathgate
Mayor
APPROVED AS TO FORM:
By
John Shaw
CITY Attorney
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator
" ' •
32400 PASSED, ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949)493-1053 (FAX)
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November 6, 2002
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NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
DIANE 1- BATHGATE
COU -ENE CAMPBELL
JOHN S. GELFF
WYATT HART
DAVID M. SW ERDUN
CITY MANAGER
GEORGESCARBOROUGH
On November 5, 2002 the City Council of San Juan Capistrano met regarding:
"Consideration of Agreement between the City and the California Department of
Transportation for the City to act as Agent for payment of Mitigation fees to the
Nature Conservancy" Item No. D10
The following action was taken at the meeting: Agreement between the City and the
California Department of Transportation for the City to act as agent for payment
of mitigation fees to the Nature Conservancy approved; and the Mayor authorized
to execute the agreement.
The following documents are in the process of being executed: Agreement between
the City and the California Department of Transportation
If you have any questions regarding this action, please contact Thomas Tomlinson,
Planning Director at 443-6323 for more detailed information.
Please return one executed original agreement to my attention after the proper
authorities with your organization have completed this process.
Thank you,
M o han, CMC
Ity Clerk
Enclosed: 5 original executed agreements
Cc: Ahmed Abou-Abdou, California Department of Transportation`; Thomas
Tomlinson, Planning Director
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(949) 493-1053 (FAX)
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MINUTE EXTRACT
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
DIANE L SATHGATE
COLLENECAMPBELL
JOHN S. GELFF
MATT HART
DAVID M. SWERDUN
CITY MANAGER
GEORGESCARBOROUGH
A Regular Meeting of the City Council of the City of San Juan Capistrano, California,
was held on November 5, 2002 at 7:00 p.m. in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano, California, Mayor Bathgate presiding.
ROLL CALL
PRESENT: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin, Gelff, Bathgate
None
EXTRACT OF CONSENT CALENDAR ITEM D-10: Consideration of Agreement
Between the City and the California Department of Transportation for the City to
Act as Agent for Payment of Mitigation Fees to the Nature Conservancy.
Moved by Council Member Swerdlin, seconded by Mayor pro tem Gelff and carried
unanimously to approve the agreement between the City and the California Department
of Transportation for the City to act as agent for payment of mitigation fees to the Nature
Conservancy and the Mayor authorized to execute the agreement.
ROLL CALL
AYES: DIRECTORS: Hart, Campbell, Swerdlin, Gelff and Chairman
Bathgate
NOES: DIRECTORS: None
ABSTAIN: DIRECTORS: None
I, Margaret R. Monahan, City Clerk of the City of San Juan Capistrano, California, do
hereby certify that the foregoing is a true and correct copy of the Minute Entry on record
in my office. Said Minutes have not been officially approved by the City Council of the
City of San Juan Capistrano, as of this date.
ME 11-05-02
Page 1 of 2
MW
San Juan Capistrano: Preserving the Past to Enhance the Future
DRUG USE
IS
wa
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of
San Juan Capistrang, California, this 6th day of November 2002.
ar aret R. Monahan, City Clerk
Original to: Ahmed Abou-Abdou, California Department of Transportation
Copy to: Thomas Tomlinson, Planning Director
ME 11-05-02 Page 2 of 2 D-10
0
32400 PASEO ADELANTO
SAN .JUAN GAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
rvrvre sanjuancapistrano. org
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Is111usrlr ' 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
COLLENE CAMPBELL
JOHN S. GELFF
MATT HART
DAVID M. SWERMN
CITY MANAGER
GEORGESCARBOROUGH
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 5, 2002,
in the City Council Chamber in City Hall, to consider: "Consideration of Agreement
between the City and the California Department of Transportation for the City to
act as Agent for payment of Mitigation fees to the Nature Conservancy" — Item
No. D10
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, November 4, 2002 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Thomas
Tomlinson, Planning Director. You may contact that staff member at (949) 443-6323
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.orp. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council -a endas ansanivancapistano.om.
IQ,t&)4 4 -1(—
Meg Monahan, CMC
City Clerk
cc: Ahmed Abou-Abdou, California Department of Transportation'; Thomas
Tomlinson, Planning Director
" Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future