1993-0713_ORANGE , COUNTY OF_Agreement Amd No. 1r
THIS AMENDMENT NO. 1 TOO AGR o. D84-260, made and entered into this
�3�(� day of S 1993
BY AND BETWEEN:
THE CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter
referred to as CITY,
AND
THE COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as COUNTY.
WITNESSETH:
WHEREAS, CITY proposed to reconstruct the two-lane Camino Capistrano
Bridge at San Juan Creek to provide a four lane facility, hereinafter referred
to as PROJECT; and
WHEREAS, PROJECT lies entirely within CITY limits; and
WHEREAS, Camino Capistrano is a primary arterial highway on CITY's and
COUNTY's Master Plan of Arterial Highways; and
WHEREAS, CITY had requested COUNTY funding via the Major Bridge Program
for PROJECT design, construction, and inspection, and COUNTY concurred with
CITY's request; and
WHEREAS, Cooperative Agreement No. D80-043, as amended, defines the
areas of responsibility for the design of PROJECT; and
WHEREAS, CITY obtained Federal Aid Urban (FAU) funding for design and
construction of PROJECT; and
WHEREAS, COUNTY had budgeted $280,000 for construction of PROJECT in
the 1983-84 Major Bridge Program to provide for local agency share of bridge
construction costs; and
WHEREAS, Resolution No. 86-542 added $115,000 to the existing
allocation for a total of $395,000; and
WHEREAS, the final cost to COUNTY is $473,079.13; and
WHEREAS, COUNTY and CITY must amend Agreement No D84-260 to cover the
additional costs.
NOW THEREFORE, IT IS AGREED TO AMEND AGREEMENT NO. 084-260 SECTION II.E
TO READ AS FOLLOWS:
-1-
k
"Be responsible for the (13.88%) FAU local agency share of PROJECT
construction cost for bridge removal and reconstruction (exclusive of
approaches) and related improvements to San Juan Creek, plus a
proportionate share of construction engineering, inspection and testing
costs based on the ratio of COUNTY's construction costs to the total
contract construction costs. In no event shall the the final cost to
COUNTY exceed Four Hundred Seventy -Three Thousand Seventy Nine Dollars
and Thirteen Cents ($473,079.13)"
All other provisions of Agreement No. D84-260 shall remain in full
forceand effect.
-2-
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by
its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be
executed by the Chairman of its Board of Supervisors and attested by its Clerk
on the dates written opposite their signatures, all thereunto duly authorized by
the City Council and the Board of Supervisors, respectively.
Dated: March 16, 1993 , 19
ATTEST;
Dated: 3UL 13 1993 , 19
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
li �V Gtcd�Gtto-.J
Phyllis A. Henderson jUL 13
Cler of the Board of Supervisors
of Orange County, California
CITY OF SAN JUAN CAPISTRANO, a municipal
corporation]
By
Mayo
APPROVED AS TO FORM
h
city
t1rorney
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Chairman, 8oard of Supervisors
APPROVED AS TO FORM
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
1993 Deputy
Date —&�
-3-
(
'
"
i 2-C�Gv
I�Cr-
y
er
Dated: 3UL 13 1993 , 19
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
li �V Gtcd�Gtto-.J
Phyllis A. Henderson jUL 13
Cler of the Board of Supervisors
of Orange County, California
CITY OF SAN JUAN CAPISTRANO, a municipal
corporation]
By
Mayo
APPROVED AS TO FORM
h
city
t1rorney
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Chairman, 8oard of Supervisors
APPROVED AS TO FORM
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
1993 Deputy
Date —&�
-3-
Agreement No. D84-260
y
A G R E E M E N T
l
'CHIS ACRFBMFNT, made and entered into this --._- �O rh day of
2
3i
198�Y
SY AND BETWEEN
iJ The CITY OF SAN JUAN CAPISTRANO, a municipal
5 corporation, hereinafter designated as "CITY,"
6 III AND
7''1 The COUNTY OF ORANGE, a political subdivision of
g j the State of California, hereinafter designated as
"COUNTY."
9 ill
WI T N E S S E T H
101' ----------
11 �' VrHEREN9r CITY proposes to reconstruct the existing two-lane Camino
Canistrano Bridge at San Juan Creek to provide a four -lane facility, hereinafter
12
referred to as PROJECT; and
13
WHEREAS, PROJECT lies entirely within the CITY limits; and
14
15 WHEREAS, Camino Capistrano is a Primary arterial highway on CITY's and
COUNTY's Master Plan of Arterdal Highways; and
16
17 WHEREAS, CITY has requested COUNTY fundinq via the Major Bridge Program for
18i PRO.T.RCT design, construction, and inspection, and COUNTY concurs with CITY's request;
and
19
j HEREAS, Cooperative Agreement No. D80-043, as amended, defines the areas of
20 i+
resnonsihility for the design of PROJECT; and
21 :1
22'i WHEREAS, CITY has obtained a commitment of Federal Aid Urban (FAU) funding
23 for the construction of PROJECT; and
24 1 WHERGASr COUNTY has budgeted $280,000 for construction of PROJECT in the
25
1983-84 Maior Bridge Program to provide for the local agency share of the bridge
�
2611 construction cost; and
WHEREAS, CITY as Lead Agency for PROJECT prepared and processed an
27
281 Environmental Assessment for PROJECT as required by the Federal Highway Administration
-1-
i' Agreement No. D84-260
I.
i�
1 (FHWA); and
2 WHEREAS, the FHWA approved a Findinq of No Significant Impact (FONSI) for
3 said PROJECT, dated March 12, 1984; and
4 WHEREAS, COUNTY and CITY wish to define areas of responsibility for the
5 construction and inspection of PROJECT.
6 NOTA THEREFORE, IT IS AGREED by the parties hereto as follows:
7 I. CITY shall:
i
8 A. Be and is hereby designated as Project Engineer, Contracting and
9 Construction Agent for the parties to do and perform all things necessary in order to
10 construct PROJECT in accordance with the approved plans and specifications as approved
11 by COUNTY, and to execute and deliver all documents required in connection with the
12 construction and completion of PROJECT, including Certificate of Cost and
13 Certification of Completion of PROJECT.
14, B. Be responsible for obtaining all necessary permits and approvals for
15 PROJECT from the Regional Water Quality Control Board, California Department of Fish
16 and Game, CalTrans and other agencies having authority over PROJECT site.
17 C. Upon approval of the plans, specification and estimate for PROJECT
18 by CalTrans and by County's Director of Public Works, Environmental Management Agency,
19i or his designee, hereinafter referred to as "DIRECTOR", promptly undertake andperform
20 all the work of advertising for bids and awarding the construction contract to the
21 I lowest responsible bidder complying with all applicable provisions of the law
22 governing such award. If the low bid is more than twenty percent (208) over
23 engineer's estimate, CITY shall obtain DIRECTOR's written concurrence for award of the
24 PROJECT construction contract.
25 D. Promptly notify DIRECTOR upon award of the PROTECT construction
i
261' contract and furnish DIRRCTOR with a summary of the contract bids, a cost breakdown
27 for COUNTY's share of construction costs and a construction schedule, and shall keep
28111 DIRECTOR informed of any revisions in said schedule.
-2-
Agreement No. D84-260
it
1 F. NotifV DIRECTOR of the time and place of PROTECT preconstruction
2 meeting.
3 F. Utilize Orange County EMA .Materials Laboratory for quality control
4� of materials and testing for PROJECT, to the extent the lab's workload allows.
5 G. Furnish a Resident Engineer/inspector during construction who shall
6 be responsible for contract administration and securing completion of the work in
7',` conformance with the approved plans and specifications.
8'I 9. Prohibit any channel work, falsework or substructure construction in
9 San Juan Creek Channel between October 15 and April 15, except under conditions and a
10 timing schedule approved by DIRECTOR.
11 1. Obtain DIRECTOR's approval in writing of any change order on PROJECT
12 affecting the design of. PROJFCT's bridge or San Juan Creek improvements, prior to
13 authorizing the work.
14 J. Upon completion of construction, request in writing, from DIRECTOR,
15 approval of completed PROJECT.
16 R. Upon receipt in writing of approval and acceptance by DIRECTOR, file
17 a Notice of Completion and furnish COUNTY for file purposes, two copies of the Notice
18 of Completion and one set of mylar copies of the "As Built" construction drawings.
19j L. Be responsible for all PROJECT construction, inspection, testing and
20 administration costs except that portion for which COUNTY is responsible pursuant to
21 Paragraph II. E herein.
22 II. COUNTY shall:
231 A. Review for approval by DIRECTOR, the plans and specifications for
241 PROJECT.
25 B. At all times during the proqress of construction of PROTECT have
2611 access to the work thereon for the purpose of inspection and, should COUNTY deem any
I
27I1I remedial measures to he necessary, COUNTY shall notify CITY thereof.
i
QS C. Be responsible for qualitv control of materials and testing for
-3-
11
2
3
i
PROJECT.
11
Agreement No. D84-260
D. Assign a qualified inspector whose function shall be to monitor
PROJECT during construction for compliance with COUNTY requirements and to certify to
DIRECTOR at the end of construction that the construction of said PROJECT has been
accomplished in a good and workmanlike manner in accordance with the plans and
specifications.
E. Be responsible for the approximately fourteen percent (14%) FAU
local agency share of PROJECT construction cost for bridge removal and reconstruction
(exclusive of approaches) and related improvements to San Juan Creek, plus a
proportionate share of the engineering, inspection and testing costs based on the
ratio of COUNTY's construction costs to the total contract construction costs. In no
event shall the final cost to COUNTY exceed Two Hundred Eighty Thousand Dollars
($280,000) without written approval of COUNTY.
III. PAYMENTS AND FINAL ACCOUNTING:
A. COUNTY will make progress payments to CITY not more often than
monthly, based on COUNTY's share of actual payments made to the contractor during
construction. Progress payments shall not exceed a total of ninety-five percent (95%)
of COUNTY's share of PROJEr7 construction costs or Two Hundred Sixty-six Thousand
Dollars ($266,000), whichever is less, pending approval of the Final Accounting Report
for PROJECT.
B. within one hundred twenty (120) days after the acceptance of the
improvements under the contract by CITY, CITY shall submit.a.Final Accounting Report
for PROJECT to COUNTY for review and approval by Director, Environmental Management
Agency, or his designee, hereinafter referred to as "DIRECTOR EMA."
C. CITY shall submit with the Final Accounting Report a certification
signed by CITY's Director of Public Works or City Engineer and the Director of Finance
that all expenditures applicable to PROJECT have been made and that all copies of
invoices and warrants are on file with CITY.
-4-
M
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement No. D84-260
D. Upon approval by DIRECTOR F.MA of the Final Accounting Report, COUNTY
shall immediately transfer to CITY or CITY shall transfer to COUNTY the necessary
funds to balance PROJECT's expenditures, subject to the provision of. Paragraph II.E..
herein.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. If CITY fails to award the PROJECT construction contract by June 30,
1986, this agreement may he terminated by either party upon thirty (30) days written
notice to the other party.
D. Pursuant to and in accordance with Section 10532 of the California
Government Code, in the event that this Contract involves expenditures of State funds
aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject
to the examination and audit of the Auditor General of the State of California for a
period of three (3) years after final pavment under this Contract.
C. In the event of disagreement between COUNTY and CITY regarding
conformance of PROJECT with the plans and specifications for the San Juan Creek
Channel improvements, the decision of COUNTY shall be final.
D. Upon completion and acceptance by CITY of PROTECT improvements, CITY
shall remain responsible for maintenance of PROJECT with the exception of San ,Tuan
Creek Channel improvements and waterway.
E. That neither COUNTY nor anv officer or employee thereof shall be
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 also understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend,
and hold COUNTY harmless from any liability imposed for injury (as defined by
Government Code Section 810.8), 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.
-5-
Agreement No. D84-260
F. That neither CITY nor anv officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work, authority or
jurisdiction not delegated to CITY under this agreement. It is also understood and
agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify,
defend, and hold CITY harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by COUNTY or in connection with any work, authority or jurisdiction not delegated
to CITY under this agreement.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Agreement No. D84-260
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
duly authorized by the City Council and the Board of Supervisors, respectively.
Dated: January 22, 19 85
ATTEST-
19 I Dated:
20
21
Cvtk of the Council
Mary Ann Hanover
A U G 2 0 1985
CITY OF SAN JUAN CAPISTRANO, A municipal
corporation
Gary ausdorfer, May
BY
Mayor pro
Phillip R, chwartze
APPROVED AS TO FORM:
City Attorney
John Shaw
COUNTY OF ORANGE, A political subdivision
of the State of California
19 BY
Chairman, Board of Supervisor
22 SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED ADRIAN KUYPER, COUNTY COUNSEL
23 TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
24
25
26 LINDA D. ROBERTS
Clerk of the Board of Supervisors
27, of Orange County, California
VT
BM:smsDT06-32
1/7/85
-7-
Date
CITY*ERK'S DEPARTMENT - ACTIO 'MINDER
TO: W. D. Murphy, Director of Public Works or City Engineer
FROM: City Clerk DATE: May 7, 1986
SITUATION:
At their meeting of January 22, 1985, the City Council entered
into County of Orange Cooperative Agreement No. D84-260 for the
Camino Capistrano Bridge. The Agreement states that if the City
fails to award the project construction contract by June 30,
1986, this agreement may be terminated.
ACTION REQUESTED:
Please advise of the status of the project, and whether or not
any formal action needs to be taken at this time.
ACTION TO BE TAKEN:
NO �tireJ� IZIIQu..yt,/Sio ._ Go,UfiR.G-eF �iGtJ d.�'/'J
DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: /-)/A
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date
Deadline Date,
File No. 406.594
cc: City Attorney
Assistant City Manager S�'1
(594)
ll�l`6b .
ak'> c � ,4-)4-t>
C.'ffr� L' L �v
Camatit— u-<-- G^^ -A t°1 &"jS"e, Can b'fz .
CA -Ir—
0
0
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES July 13, 1993
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. D84-260 WITH THE CITY OF
SAN JUAN CAPISTRANO FOR RECONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE:
Environmental Management Agency requests approval of an amendment to an
agreement which will increase the project allocation for reconstruction
of the Camino Capistrano Bridge.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor
Stanton, the Board authorized execution of Amendment No. 1 to
Cooperative Agreement No. D84-260 with the City of San Juan Capistrano.
MOTION UNANIMOUSLY CARRIED.
dman
` IA;IANIAIII
I, WMI 1961
1776
March 18, 1993
Mr. Roger A. Hohnbaum, Manager
County of Orange
Environmental Management Agency, Road Programs
P. O. Box 4048
Santa Ana, California 92702
Re: Amendment to Cooperative Amendment to Cooperative Agreement D84 -260D84-260
Dear Mr. Hohnbaum:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L nAUSOORFER
GIL JONES
CAROLY4 MASH
JEFF VASQUEZ
CITU MANAGER
GEORGE SCARBOROUGH
The City Council of the City of San Juan Capistrano at its regular meeting held
March 16, 1993, approved the Agreement No. D84-260, dealing with funding of the
Camino Capistrano Bridge Widening at San Juan Creek.
Three copies of the Agreement are enclosed. Upon approval of the Board of
Supervisors, please return one fully -executed copy to the City Clerk's office.
Thank you for your cooperation. If we can be of further assistance, please call.
&Vvertruly yours,
C
Cheryl Johnson
City Clerk
Enclosures
cc: Director of Building and Engineering (with copy of Agreement)
Theodore Simon (with copy of Agreement)
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171
-�� 11. AMENDMENT TO COOPERATIVE AGREEMENT D84-260 _ C'AMINO CAPISTRANO
BRIDGE WIDENING AT SAN JUAN CREEK
FORANGE)
As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the
Amendment to Cooperative Agreement D84-260 with the County for the design and construction of the
Camino Capistrano Bridge widening at San Juan Creek was approved to cover overruns from changes
in the funding mechanism. The Mayor was authorized to execute the document on behalf of the City.
10MRSM 111 WDIN7650 • •
• QI ' • 7t t
As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the
following Resolution was adopted applying for $69,784 in funding through the (Federal) Transportation
Enhancement Activities Program for the landscaping of the parkway and slopes at the Stonehill Drive
extension and the access road to the Lower Rosan Ranch property:
RESOLUTION NO, 93-3-16.1. APPROVAL OF APPLICATION FOR
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM GRANT
FUNDS - STONEHILL DRIVE LANDSCAPING PROJFc'I _ A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR FUNDS FOR THE
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
FOR THE STONEHILL DRIVE LANDSCAPING PROJECT
13. RESOLUTION ESTABLISHING "NO SKATEBOARDING" AT ORTEGA PROPERTIES.
RANCHO VIEJO ROAD AND CALLE ARROYO (590.10)
As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the
request for establishment of a "No Skateboarding" area at the Ortega Properties was approved and the
following Resolution adopted:
3 .I4I1•YtiLORM�►Ck `A • • • • • • Y
.•' 11. • • • • V• �__.. • • •
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA AT 31648,
31654, 31658, 31726, 31732, 31734, 31736, 31738, 31742 RANCHO VIEJO ROAD
AND 27292, 27392, 27412, 27462, 27322, 27452, 27282, 27512, 27514, 27382, 27362,
27372, 27432, 27302, 27422, 27322, 27442, 27462, 27352, 27312, 27392, 27252 CALLE
ARROYO PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE
(ORTEGA PROPERTIES)
81:Q] F.1 gKo01tZ • •;�• t i
The claim received by the City on February 22, 1993, from Vivi E. Gordon in the amount of 57,500 for
personal injuries, was denied, as set forth in the Report dated March 16, 1993, from the City Attorney.
City Council Minutes -3- 3/16/93
AGENDA ITEM March 16, 1993
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Camino Capistrano Bridge Widening at San Juan Creek - Amendment to
Cooperative Agreement D84-260 (County of Orange)
RECOMMENDATION
By motion, approve the Amendment to Cooperative Agreement D84-260 (construction)
with the County of Orange and authorize the Mayor to execute it.
SITUATION
A. Summary and Recommendation
The final design and construction cost accounting for the Camino Capistrano Bridge
Widening at San Juan Creek has been concluded with staff's concurrence. The
amount of funds the City could expect to receive from the County is $120,253.
Disbursement to the City is contingent upon the County Board of Supervisors
approving this Amendment and the Final Report for Cooperative Agreement D80-
043 (design). In order to effect the process to disburse funds to the City, staff
recommends that the Amendment to Cooperative Agreement D84-260 (construction)
be approved and authorized to be executed by the Mayor in triplicate with the date
on the front page to be determined by the County Clerk of the Board of Supervisors.
B. Background
In August, 1985, the City Council approved Cooperative Agreement D84-260 with
the County of Orange to secure constrution funding from the County's Major Bridge
Program. A similar agreement (D80-43) was also approved for the design phase of
the project. Another agreement was approved with Caltrans to secure FAU
funding. The design phase was completed in August, 1985, and the construction
phase, which started in March, 1986, was completed in June, 1988. Final reports
were prepared and submitted to the County for review and approval. A final
accounting of City, County and State billings and disbursements has been concluded,
with staff's concurrence, that yields a net $120,253 due the City.
Specifically, design phase accounting concluded that there is an $86,826.13 overrun.
This overrun occurred due to changes in the funding mechanism. The original
funding mechanism was 86% FAU and 14% County; however, California's FAU
allotments were withheld due to an EPA -initiated embargo. The funding mechanism
was then changed to have the County fund 86% and the City fund 14%. The embargo
was, however, lifted and the funding mechanism reverted to the original. The
disbursements by the County exceeded the 14% and were covered by FAU funding.
The situation of the County funds to be returned was agreed to be handled during the
final accounting for the construction phase which yielded $207,079.13 due the City.
FOR CRY COUNCIL AGEN DI
/ I
AGENDA ITEM .
March 16, 1993
Page 2
Disbursement to the City of the net $120,253 is contingent upon the County
approving: 1) the Final Report for Cooperative Agreement D80-043 (design) and 2)
the Amendment to Cooperative Agreement D84-260 (construction) which is
recommended by staff for approval.
COMMISSION/BOARD REVIEW RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
Funds in the amount of $120,253 should be disbursed to the City provided that the County
approves the final design report and this amendment to the construction agreement.
These funds were recognized as revenue in the FY 91-92 budget with final cost
accounting being concluded by the County in late 1992.
NOTIFICATION
County of Orange, Roger A. Hohnbaum, Manager, Road Programs
ALTERNATE ACTIONS
1. By motion, approve the Amendment to Cooperative Agreement D84-260
(construction) with the County of Orange and authorize the Mayor to execute it.
2. Do not approve the amendment nor authorize its execution.
3. Request additional information from staff.
RECOMMENDATION
By motion, approve the Amendment to Cooperative Agreement D84-260 (construction)
with the County of Orange and authorize the Mayor to execute it.
Respectfully submitted,
��,� //i,
William M. Huber, P.E.
W MH/TGS:cl
Attachments: 1. Cooperative Agreement D84-260
2. Amendment to Cooperative Agreement D84-260
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
AUGUST 20, 1985
COOPERATIVE AGREEMENT NO. D84-260 WITH CITY OF SAN JUAN CAPISTRANO -- CAMINO
CAPISTRANO BRIDGE: On motion by Supervisor Clark, seconded y Supervisor Wieder, the
Clerk of t e oard, on behalf of the Board of Supervisors, was authorized to execute
the Cooperative Agreement No. D84-260 with the City of San Juan Capistrano,
providing for the reconstruction of Camino Capistrano Bridge across San Juan Creek.
MOTION UNANIMOUSLY CARRIED.
RECEIVED
AUG 29 1985
EMA
L 11013-2.3 (12/76)
I? —OUM—FY OF
s <Z a /,RANGE
ENVIRONMENTAL MANAGEMENT AGENCY
PUBLIC WORKS
SEP 0 6 1985
Mr. William Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
MURRAY STORM
DIRECTOR, EMA
C. R. NELSON
DIRECTOR OF PUBLIC WORKS
LOCATION:
400 CIVIC CENTER DRI VE WEST
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 4048
TELEPHONE:
(714) 834-2300
FILE Agmt. D84-260
R09701
SUBJECT: Cooperative Agreement No. D84-260, Camino Capistrano Bridge
Dear Mr. Murphy:
Transmitted herewith is one (1) fully executed copy of the above referenced
Cooperative Agreement between the City of San Juan Capistrano and the County of
Orange. Also attached is one (1) copy of Board of Supervisors minute order
authorizing County's execution of the agreement.
Receipt of revised plans for a final review is hereby acknowledged. We
understand specifications and estimate will be delivered probably today.
Signature on the plans by our Director of Public Works, after review, will
constitute our authorization to advertise the project for bids. After bid
opening, please furnish a bid summary to this office with a revised County cost
estimate using actual bid prices. EMA/Public Works -Construction (834-3488)
should be notified of project preconstruction meeting and start of construction.
Very truly yours,
K. R. Smith, Acting Program Manager
By: t
D. E. Upd gr f, ief
EMA/Coope at e r jects
DEU:sgPWL01-70
9/6/85
Attachments
cc w/Attach.: M. Saldana, Financial Operations
V. Rosales, Design B
Construction
A&
SAN J
February 1, 1985
D. E. Updegraff
County of Orange
Environmental Management Agency
P. O. Box 4048
Santa Ana, California 92702-4048
Re: Cooperative Agreement D84-260 - Camino
Capistrano Bridge
Dear Mr. Updegraff:
The City Council of the City of San Juan Capistrano at
its regular meeting held January 22, 1985, approved Cooperative
Agreement D84-260. This Agreement is for the construction of the
Camino Capistrano Bridge at San Juan Creek.
Enclosed are the original and two copies of the
Agreement and a certified copy of the City Council Minutes.
Thank you for your cooperation.
Very trruu%ly� yours,
MARY ANN H OVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
J
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the attached are
true and correct copies of
Minutes of the Adjourned Regular Meeting of the City
Council of the City of San Juan Capistrano, California,
held on January 22, 1985, pages No. 1, No. 7, and No. 8.
(SEAL)
MARY ANN OVER, `City Clerk
San Juan Capistrano, California
DATED: This iGt day of February , 19—aa.
JANUARY 22, 1985
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Pro tem Schwartze at 7:01 p.m., in the City Council Chamber,
,y followed by the Pledge of Allegiance to the Flag. Invocation was
given by Reverend Homer Waisner, Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Gary L. Hausdorfer, Mayor
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; John R. Shaw, City Attorney; Robert G.
Boone, Director of Administrative Services; William D. Murphy,
Director of Public Works; Thomas G. Merrell, Director of
Community Planning and Development; Cheryl Johnson, Recording
Secretary.
MINUTES
Vjourned Re lar meeting of Januar 8 1985-
t
was move y Counci an Friess, secon a by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
January 8, 1985, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ASSENT: Mayor Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
-1-
1/22/85
PRESENTATIONS AND COMMENDATIONS
1.
Written Communications:
Report dated January 22, 1985, from the Senior
Administrative Assistant, advising that James Heim, a
long-time resident of San Juan Capistrano, was retiring
after 36 years of public service with the County of Orange.
Mr. Heim had served as the Director of the County's
Community Service Agency; Orange County Public
Administrator; and, was the County's first Public Guardian.
Commendation of Mr. Heim:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted for
presentation at Mr. Heim's retirement celebration:
RESOLUTION NO. 85-1-22-1, COMMENDING JAMES E. HEIM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING JAMES E. HEIM
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
WRITTEN COMMUNICATIONS
1. PETITIONS FROM STONERIDGE ESTATES REQUESTING CLEANUP OF
GOEDEN DEVELOPMENT PROPERTY - TRACTS 10103 11093 11094
AND 11095 (316.1
Written Communications:
Letter dated January 4, 1985, from Lynn Rinker, Account
Executive Director, Merit Property Management, Inc.,
forwarding on behalf of the Board of Directors of Stoneridge
Estates, petitions signed by approximately 67 persons,
requesting cleanup of the property formerly under
development by the Goeden Company at the corner of Highland
Drive and Rancho Viejo Road.
With the concurrence of Council, Mayor Pro Tem Schwartze
ordered the petitions received and referred to staff for
further review and corrective action.
-2- 1/22/85
0 0
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY AND
nont+cTct nnw.owTm Ar_Trulw - rnWQMPTV'TTnN nF rAMTNn rAPT
Written Communications:
Report dated January 18, 1985, from the Director of Public
Works, forwarding an agreement establishing funding
obligations for construction of the Camino Capistrano
Bridge. Federal Aid Urban funds will provide 868 of the
total cost, or $2,213,000; the County will fund 148 of the
construction or $280,000; and, the City, through the
Redevelopment Agency, will fund 148 of the cost of bridge
approaches, traffic signals, and street lighting, or
$81,000. Total construction cost was estimated at
$2,574,000.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the agreement
between the City and the Community Redevelopment Agency
providing for a transfer of funds from the Community
Redevelopment Agency to the City for completion of
improvements relating to construction of the Camino
Capistrano Bridge. The Mayor and City Clerk were authorized
to execute the agreement on behalf of the City.
2. ACCEPTANCE OF RIGHT-OF-WAY DEEDS, CAMINO CAPISTRANO BRIDGE
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works, requesting acceptance of right-of-way easements for
bicycle trails, roadways, and temporary construction use in
conjunction with construction of the Camino Capistrano
Bridge. The affected properties include the Padre Plaza and
the parking lot serving the Plaza. Purchase of the
right-of-way will be funded through the County's Arterial
Highway Financing Program at $14,267; the City, through the
Community Redevelopment Agency, will be obligated for
$7,133.50.
Acceptance of Deeds:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to accept the easement
deeds for roadway purposes, bicycle trail purposes, and
temporary construction use from Ronald and Barbara Conrad,
with authorization for payment of $13,232 upon receipt of
'�- recorded documents; and, to accept the easement deed for
temporary construction purposes from Fred and Clella
Stoffel, with authorization for payment of $1,035 upon
receipt of the recorded document.
-7- 1/22/85
0 0
3. APPROVAL OF COOPERATIVE AGREEMENT NO. D84-260 -
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works, requesting approval of an agreement with the County
to cooperatively fund the local matching portion of the
Camino Capistrano Bridge. The majority of construction
funding will be provided by Federal Aid Urban funds. The
report advised that changes are being made in the bridge
improvements, as requested by the County, and cites possible
cost increases. The agreement provides a County spending
limit of $280,000; however, a provision exists to increase
the limit.
Approval of Cooperative Agreement:
It was moved by Councilman Frieas, seconded by Councilman
Buchheim, and unanimously carried to approve Cooperative
Agreement No. D84-260, Camino Capistrano Bridge, and to
direct staff to request that the County favorably consider
increasing their participation limit as prescribed in
Paragraph II.E of the agreement, if design changes required
by Caltrans, the Federal Highway Administration, and/or the
County increase the project costs. The Mayor and City Clerk
were authorized to execute the agreement on behalf of the
City.
4. APPROVAL OF AGREEMENT FOR
Written Communications:
Report dated January 22, 1985, from the Senior
Administrative Assistant, advising that on January 17, 1984,
the City and the Depot entered into an agreement covering
parking, maintenance, and posting of speed limits in the
Depot and Multi -Modal Terminal parking lots. The report
forwarded a new agreement incorporating additional
improvements in the two lots: i.e., 38 additional spaces in
the Multi -Modal Terminal to be designated 2 -hour parking;
removal of time limits in the Depot parking lot; continued
sweeping and cleaning of the lots; construction of speed
bumps in the Multi -Modal Terminal lot; and, new signs
prohibiting overnight parking and designating tow -away
zones. The agreement will be effective for a one-year
period of time and repeals the previous agreement dated
January 17, 1984. Costs for the proposed improvements were
estimated at $2,000.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the agreement
between the City and the Depot for improvements in the
Multi -Modal Terminal; and, to authorize a transfer of funds
-8- 1/22/85
3.
0
• �C,L)
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works., requesting approval of an agreement with the County
to cooperatively fund the local matching portion of the
Camino Capistrano Bridge. The majority of construction
funding will be provided by Federal Aid Urban funds. The
report advised that changes are being made in the bridge
improvements, as requested by the County, and cites possible
cost increases. The agreement provides a County spending
limit of $280,000; however, a provision exists to increase
the limit.
Approval of Cooperative Agreement:
It was moved by Councilman Y; 'Mt:
seconded by Councilman
Buchheim, and unanimously carried to approve Cooperative
Agreement No. D84-260, Camino Capistrano Bridge, and to
direct staff to request that the County favorably consider
increasing their participation limit as prescribed in
Paragraph II.E of the agreement, if design changes required
by Caltrans, the Federal Highway Administration, and/or the
County increase the project costs. The Mayor and City Clerk
were authorized to execute the agreement on behalf of the
City.
AGENDA ITEM
January 22, 1985
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Cooperative Agreement No. D84-260 --
Camino Capistrano Bridge (County of Orange)
SITUATION
Staff is requesting approval of an agreement with the County
of Orange to cooperatively fund the local matching portion
of the Camino Capistrano Bridge. The majority of the funds
for construction will be provided by the Federal Highway
Administration through Caltrans in the Federal Aid Urban
program (FAU). The funds provided by the City shall be
derived from the Community Redevelopment Agency. A copy of
the agreement is available in the office of the City Clerk.
At this time, Staff proposes to commence
spring at the close of the rainy season.
dependent upon resolution of the use of
for a right turn lane at San Juan Creek
of a permit for improvements at the off
BOARDS, COMMISSIONS, AND COMMITTEES
Not applicable.
FINANCIAL CONSIDERATIONS
construction in the
This schedule is
Caltrans right of way
Road and provision
ramp and Camino Capistrano.
The County's participation is based upon participation in the
bridge improvements only. The FAU portion of the funding is
86% of the total cost. The County of Orange is to fund 14%
of the bridge construction with no City participation. The
City, Community Redevelopment Agency, is to fund 14% of the
bridge approaches,traf£is signals,and street lighting with
no County participation. The allocation of costs are indicated
below:
Federal Aid Urban
$2,213,000.00
Community
County Redevelopment Agency
$280,000.00 $81,000.00
Total
$2,574,000.00
At the present, changes to the plans are being made as requested
by the County of Orange. The financial impacts of these changes
have not been made, but the changes are in the bridge improve-
ments. There is a probability of cost increases, and the
agreement establishes a limit of County spending to $280,000.
The agreement does provide that this limit may be increased with
the written approval of the County. Staff is recommending that
this provision be addressed in the requested approval.
�3
AGENDA ITEM
January 22, 1985
Page 2
ALTERNATE ACTIONS
1. Approve the agreement.
2. Direct Staff to request higher County participation and
consider the agreement at a future date.
3. Direct Staff to negotiate major changes to the agreement
for future consideration.
RECOMMENDATION
By motion approve cooperative agreement No. D84-260, Camino
Capistrano Bridge, authorize the Mayor to execute the agree-
ment, and direct Staff to request that the County favorably
consider increasing their participate limit as prescribed in
paragraph II.E. of the agreement if design changes required
by Caltrans , the Federal Highway Administration and/or the
County increase the project costs.
Respectfully submitted,
�. ��
�,
D. Murphy
Director of Public Works
WDM/GML/hw
I
id
MURRAYSTORM
DIRECTOR
WILLIAM L. ZAUN
PROGRAM MANAGER
Y O F LOCATION:
400 CIVIC CENTER DRIVE WEST
JAN i 1 1 195 SANTA ANA, CALIFORNIA
MAILING ADDRESS:
N G E/� _ P.O. BOX 404E
U
C I T t ' SANTA ANA, CA 92702-4048
ENVIRONMENTAL MANAGEMENT ASE�JIOYJ 1 •• TELEPHONE:
TRANSPORTATION & FLOOD CONTROL FgJDR TAMS ^ 17141 8343467
FILE D84-260
January 10, 1985
William Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Cooperative Agreement No. D84-260, Camino Capistrano Bridge
Dear Mr. Murphy:
Attached are the original and three (3) copies of Cooperative Agreement No.
D84-260, for the construction of the Camino Capistrano Bridge at San Juan
Creek.
If the agreement meets with your approval, please have it executed on behalf
of the City and return the original and two (2) copies to the attention of
D. E. Updegraff for further processing, together with a certified copy of
the City Council Minutes.
A fully executed copy of the agreement will be mailed to you upon
completion.
Very truly yours
W. L. Zaun, gram Man ger
BM:cb(2)(011)
Attachments: Agreement (4 copies)
CC: K. E. Smith/Design A
J. R. Johansen/Design B