03-1118_ORANGE, COUNTY OF_Memorandum of Understanding0 •
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
THE CITY OF SAN CLEMENTE AND
THE COUTY OF ORANGE REGARDING
THE PRELIMINARY DESIGN OF AVENIDA LA PATA
This Memorandum of Understanding is made and entered into this 18`h day of November, 2003, by
and between the County of Orange, the ("County"), the City of San Clemente ("San Clemente")
and the City of San Juan Capistrano ("San Juan Capistrano') and collectively the "Parties".
RECITALS
Avenida La Pata, hereinafter referred to as "La Para", is a highway of high importance in the
southern part of Orange County and the extension of La Pata may traverse parts of the Cities of
San Clemente, San Juan Capistrano and unincorporated territory. San Clemente and the County
have, on March 18, 2003, entered into Agreement No. D02-035, and amended by an amendment to
the Agreement executed by the County and San Clemente concurrently herewith (collectively the
"Agreement") by which the County and San Clemente achieved an understanding by which the
total cost for the preparation of an Environmental Impact Report (EIR) and Project Report for La
Pata between Avenida Pico and Ortega Highway, was to be shared under a contract to be let and
administered by the County. A copy of this Agreement is attached as Exhibit A. The City of San
Juan Capistrano has no financial obligation to the cost of preparing the EIR or the Project Report.
San Juan Capistrano shall also have no financial obligation for construction and right of way for
any alignment of La Pata within the City of San Juan Capistrano. The Parties are supportive of
construction of the La Pata Extension between its current terminus at Ortega Highway to Calle
Saluda as a Primary Arterial Highway (4 lane divided roadway), hereinafter referred to as the
"Project".
Significant geologic, topographic, environmental, habitat and utility considerations/constrains will
be encountered in constructing the Project.
The Project, as proposed, will consider two alignment options and two alternatives to each of the
alignment options.
The first alignment, "A", proposes an approximate 4.1 mile length extension of La Pata between
Ortega Highway and Calle Saluda. For this alignment approximately 16,600 linear feet lie within
the County of Orange from Ortega Highway, through the Prima Deshecha Landfill, to the City of
San Clemente corporate boundary. The remaining 5,255 linear feet lie within the City of San
Clemente, from the corporate boundary to Calle Saluda.
The second alignment, `B", proposes an approximate 3.7 mile length extension of La Para between
Ortega Highway and Calle Saluda. For this alignment, approximately 10,680 linear feet lies within
the County of Orange from Ortega Highway to the City of San Juan Capistrano corporate
boundary.
SD
0
0
The segment of this alignment through the City of San Juan Capistrano is approximately 4,586 linear
feet. The remaining 4,619 linear feet lies within the City of San Clemente, from the corporate
boundary to Calle Saluda.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
The County shall be the Lead Agency in preparing the EIR and Project Report forthe Project.
2. San Clemente and San Juan Capistrano shall be Responsible Agencies for the EIR and
Project Report.
3. Given the physical constraints, there are two potential alignments and associated alternatives
that will be considered in the EIR. These alignments are generally depicted on Exhibit 1,
attached hereto and hereafter referred to as Alignment `A' and Alignment `B'.
4. That Alignment `A' traverses areas within the County and San Clemente jurisdictions.
5. That Alignment `B' traverses areas within the County and San Juan Capistrano and San
Clemente jurisdictions.
6. That the Parties are supportive of both alignments and alternatives being considered in the
EIR.
That the Parties understand that only one alignment will be recommended in the EIR and
analyzed in the Project Report, and that this determination will be made by the County and
will be based on which alignment is the most economically and environmentally viable.
That the recommended alignment in the EIR and Project report are developed consistent with
the General Plan guidelines of the County and affected cities.
That the Parties will cooperate with the County in preparation of the EIR and Project Report.
10. That in the event that the alignment chosen is Alignment "B," San Juan Capistrano agrees to
enter into an Amendment to the Agreement with respect to its duties as a Responsible
Agency for the EIR and Project Report and with respect to the need for assistance with
permitting and any other necessary activities for the Project.
11. Notices: Any notice required or permitted by this Memorandum of Understanding shall be
given in writing and sufficiently given if delivered in person or sent by certified or registered
mail, postage prepaid, to the notice address of the respective parties set forth in this
Memorandum of Understanding. Changes in the respective addresses for such notice may be
made from time to time by any party by written notice to the other parties. The present
addresses of the parties are:
County of Orange:
2
0
County of Orange
Public Facilities and Resources Department
300 N. Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
Attention: Vicki L. Wilson, Director
San Juan Capistrano:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Pamela Gibson, Interim City Manager
San Clemente:
City of San Clemente
100 Avenida Presidio,
San Clemente, CA 92672
Attention: George Scarborough, City Manager
12. Term. This Memorandum of Understanding shall remain in full force and effect for a period
of 15 years after the effective date of noted herein above on the first page.
13. Amendments. This Memorandum of Understanding may not be changed, modified or waived
except by written agreement duly authorized and accepted by the parties.
0
0
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the dates opposite their respective signatures:
SIGNED:
Date:
3 -3- -v`t
Approved as to form:
Johd Shaw, City Attorney
Attest:
�L.
COUNTY OF ORANGE, a political
Subdivision of the State of California
Vic . Wil n, b6&tor PFRD
CITY OF SAN JUAN CAPISTRANO
arg et R. Monahan, City Clerk
Date: 1y 3-0-'s By:
Pamela Gibson, Interim City Manager
CITY,Olk SAN
Attest:
Myrna Erway, City lerk /r G ge Sca orough, City Manager
Date:
Approved as to form:
Jeffrey M. Oderman, City Attorney
:1
e
o 2.= a,=
Feet
La Pata
Alternatives
Orange County, California
9/16/2003
D7
AGENDA ITEM
TO: Pamela Gibson, Interim City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of Approval of M.O.U. between the Cities of San Juan
Capistrano, San Clemente, and the County of Orange Regarding the
Preliminary Design of Avenida La Pata
RECOMMENDATION
By motion,
Approve the Memorandum of Understanding regarding the preliminary design of
Avenida La Pata between the City of San Juan Capistrano, City of San Clemente,
and the County of Orange; and,
2. Authorize the City Manager to sign the Memorandum of Understanding.
A. Summary and Recommendation
The La Pata Extension is a component of the City of San Juan Capistrano Strategic
Transportation Plan (adopted by City Council on 10/15/02). It has been determined
that the La Pata Extension will provide significant benefit in diverting traffic away
from San Juan Capistrano. At this time, the County of Orange proposes to extend
Avenida La Pata through the southern part of Orange County. The Avenida La Pata
extension is proposed to traverse parts of the City of San Juan Capistrano, City of
San Clemente, and the unincorporated territory of Orange County. A Memorandum
of Understanding (Attachment 1) is required by the County to proceed with further
action relating to the proposed alignment study options and alternatives relating to
preliminary design of this extension.
B. Background
The County of Orange desires to extend Avenida La Pata from Avenida Pico
through to Ortega Highway. On March 18, 2003, the City of San Clemente entered
into an agreement by which the total cost for the preparation of an Environmental
Impact Report (EIR) and Project Report for Avenida La Pata between Avenida Pico
and Ortega Highway, was to be shared under a contract to be let and administered
by the County (included as Exhibit A of Attachment 1). One of the potential
alignment options would partially traverse through the landfill site, within the
corporate boundaries, requiring the City of San Juan Capistrano to be a party to the
FOR CITY COUNCIL AGENDA
0 0
Agenda Item
Page 2 September 16, 2003
M.O.U. The County is requesting the cooperation of San Juan Capistrano in the
preparation of the EIR and Project Report, with the understanding that only one
alignment will be recommended in the EIR and analyzed in the Project Report. This
alignment determination will be made by the County and will be based on which
alignment is the most economically and environmentally viable.
As noted in the Recital of the attachment M.O.U., "The City of San Juan
Capistrano has no financial obligation to the cost of preparing the EIR or the
Project Report. San Juan Capistrano shall also have no financial obligation
for construction and right of way for any alignment of La Pata within the City
of San Juan Capistrano."
Two alignments will be considered in the EIR. The alignments are depicted on
Exhibit B provided as Attachment 2, and are noted as Alignment and Alignment B.
Alignment A traverses areas within the County and thejurisdiction of San Clemente.
Alignment B traverses areas with the County and both the Cities of San Juan
Capistrano and San Clemente.
Both San Clemente and San Juan Capistrano are supportive of the alignment and
alternative options. It is understood that the recommended alignment in the EIR
and Project Report are developed consistent with the General Plan guidelines of the
County and affected cities.
In the event that Alignment B is chosen, San Juan Capistrano agrees to enter into
an Amendment to the Agreement with respect to its duties as a Responsible Agency
for the EIR and Project Report and with respect to the need for assistance with
permitting and any other necessary activities related to the project.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
There is no financial impact to the City of San Juan Capistrano, as all costs related to the
EIR, Project Report, and construction of this extension are to be borne by the City of San
Clemente and the County Orange.
•
Ll
Agenda Item
Page 3 September 16, 2003
NOTIFICATION
Vickie L. Wilson,*
Director PFRD, County of Orange
ALTERNATE ACTIONS
1. By motion approve:
a.) The Memorandum of Understanding regarding the preliminary design of
Avenida La Pata between the City of San Juan Capistrano, City of San
Clemente, and the County of Orange; and,
b) Authorize the City Manager to sign the Memorandum of Understanding.
2. Return to staff for additional information
3. Do not approve
RECOMMENDATION
By motion,
1. Approve the Memorandum of Understanding regarding the preliminary design of
Avenida La Pata between the City of San Juan Capistrano, City of San Clemente,
and the County of Orange; and,
2. Authorize the City Manager to sign the Memorandum of Understanding.
Respectfully Submitted,
William M. Huber, P.E.
Director, Engineering and Building
W M H/JT
Prep By,
cx-
Jill Thomas
Management Analyst II
Attachments 1. Memorandum of Understanding - Includes 3/18/03 Agreement
between City of San Clemente and County of Orange (Exhibit A)
2. Exhibit B - Alignment Options
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
THE CITY OF SAN CLEMENTE AND
THE COUNTY OF ORANGE REGARDING
THE PRELIMIARY DESIGN OF AVENIDA LA PATA
This Memorandum of Understanding is made and entered into this day of September,
2003, by and between the County of Orange, the ("County"), the City of San Clemente ("San
Clemente") and the City of San Juan Capistrano ("San Juan Capistrano") and collectively the
"Parties".
RECITALS
Avenida La Pata, hereinafter referred to as "La Pata", is a highway of high importance in the
southern part of Orange County and the extension of La Pata may traverse parts of the Cities of
San Clemente, San Juan Capistrano, and unincorporated territory. San Clemente and the County
have, on March 18, 2003, entered into Agreement No. D02-035, and amended by an amendment
to the Agreement executed by the County and San Clemente concurrently herewith (collectively
the "Agreement") by which the County and San Clemente achieved an understanding by which
the total cost for the preparation of an Environmental Impact Report (EIR) and Project Report
for La Pata between Avenida Pico and Ortega Highway, was to be shared under a contract to be
let and administered by the County. A copy of this Agreement is attached as Exhibit A. The City
of San Juan Capistrano has no financial obligation to the cost of preparing the EIR or the Project
Report. San Juan Capistrano shall also have no financial obligation for construction and right of
way for any alignment of La Pata within the City of San Juan Capistrano. The Parties are
supportive of construction of the La Pata Extension between its current terminus at Ortega
Highway to Calle Saluda as a Primary Arterial Highway (4 lane divided roadway), hereafter
referred to as the `Project'.
Significant geologic, topographic, environmental, habitat, landfill and utility
considerations/constraints will be encountered in constructing this Project.
The Project, as proposed, will consider two alignment options and two alternatives to each of the
alignment options
The first alignment, "A", proposes an approximate 4.1 mile length extension of La Pata between
Ortega Highway and Calle Saluda. For this alignment approximately 16,600 linear feet lie
within the County of Orange from Ortega Highway, through the Prima Deshecha Landfill, to the
City of San Clemente corporate boundary. The remaining 5,255 linear feet lie within the City of
San Clemente, from the corporate boundary to Calle Saluda.
The second alignment, `B", proposes an approximate 3.7 mile length extension of La Pata
between Ortega Highway and Calle Saluda. For this alignment, approximately 10,680 linear feet
lies within the County of Orange from Ortega Highway to the City of San Juan Capistrano
corporate boundary. The segment of this alignment through the City of San Juan Capistrano is
1
Attachment 1
approximately 4,586 linear feet. The remaining 4,619 linear feet lies within the City of San
Clemente, from the corporate boundary to Calle Saluda.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. The County shall be the Lead Agency in preparing the EIR and Project Report for the
Project.
2. San Clemente and San Juan Capistrano shall be Responsible Agencies for the EIR and
Project Report.
3. Given the physical constraints, there are two potential alignments and associated
alternatives that will be considered in the EIR. These alignments are generally depicted
on Exhibit 1, attached hereto and hereafter referred to as Alignment `A' and Alignment
`B'
4. That Alignment `A' traverses areas within the County and San Clemente jurisdictions.
5. That Alignment `B' traverses areas within the County and San Juan Capistrano and San
Clemente jurisdictions.
6. That the Parties are supportive of both alignments and alternatives being considered in
the EIR.
7. That the Parties understand that only one alignment will be recommended in the EIR and
analyzed in the Project Report, and that this determination will be made by the County
and will be based on which alignment is the most economically and environmentally
viable.
8. That the recommended alignment in the EIR and Project report are developed consistent
with the General Plan guidelines of the County and affected cities.
9. That the Parties will cooperate with the County in preparation of the EIR and Project
Report.
10. That the Parties will cooperate with the County in the construction of Project at such time
that appropriate financing is available.
11. That in the event that the alignment chosen is Alignment `B," San Juan Capistrano
agrees to enter into an Amendment to the Agreement with respect to its duties as a
Responsible Agency for the EIR and Project Report and with respect to the need for
assistance with permitting and any other necessary activities for the Project.
12. Notices: Any notice required or permitted by this Memorandum of Understanding shall
be given in writing and sufficiently given if delivered in person or sent by certified or
registered mail, postage prepaid, to the notice address of the respective parties set forth in
2
this Memorandum of Understanding. Changes in the respective addresses for such notice
may be made from time to time by any party by written notice to the other parties. The
present addresses of the parties are:
County of Orange:
County of Orange
Public Facilities and Resources Department
300 N. Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
Attention: Vicki L. Wilson, Director
San Juan Capistrano:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Pamela Gibson, Interim City Manager
San Clemente:
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92672
Attention: George Scarborough
13. Term. This Memorandum of Understanding shall remain in full force and effect for a
period of 15 years after the effective date of noted herein above on the first page.
14. Amendments. This Memorandum of Understanding may not be changed, modified or
waived except by written agreement duly authorized and accepted by the parties.
3
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the dates opposite their respective signatures:
SIGNED:
Date:
Approved as to foi
John Sbaw, City Attorney
Attest:
Margaret R. Monahan, City Clerk
Date:
Attest:
Myrna Erway, City Clerk
Date:
Approved as to form:
Jeffrey M. Oderman, City Attorney
51
COUNTY OF ORANGE, a political
Subdivision of the State of California
I�
Vicki L. Wilson, Director PFRD
CITY OF SAN JUAN CAPISTRANO
By:
Pamela Gibson, Interim City Manager
CITY OF SAN CLEMENTE
George Scarborough, City Manager
-40tentNo. D02-035 La
AGREEMENT FOR THE PRELIMINARY
DESIGN OF AVENIDA LA PATA
AVENIDA PICO TO ORTEGA HIGHWAY
THIS AGREEMENT made and entered into this day of
MA T -CM .2003.
BY AND BETWEEN
0
RECITALS
THE CITY OF SAN CLEMENTE, a
municipal corporation of the State of
California hereinafter referred to as
"CITY".
THE COUNTY OF ORANGE, a
political subdivision of the State of
California, hereinafter referred to as
"COUNTY".
This Agreement is entered into based upon the following facts:
WHEREAS, CITY's City Council by Ordinance No. 998 dated April 5, 1989
adopted the Major Thoroughfare and Bridge Fee Program for the San Clemente area
known as the San Clemente Regional Circulation Financing and Phasing Program
(RCFPP) and the Avenida La Pata Supplementary Road Fee Program and by its
Resolution No. 89-35 dated March 15, 1989 established a Traffic Impact Fee and twelve
(12) Benefit Zones consisting of nine (9) zones within the CITY limits and three (3) zones
in unincorporated County territory in which said fees, related to the burden imposed by
new development on the CITY's circulation system and the benefit derived from
construction of improvements identified in the CITY's RCFPP, shall be imposed; and
Avenida La Pat&
CITY of San Clemente
02/05/03
MIISIT A
—A*eat No. D02-035
WHEREAS, the COUNTY's Board of Supervisors by Resolution No. 91-1341
approved the Major Thoroughfare and Bridge Fee Program for the San Clemente area
known as the San Clemente Regional Circulation Financing and Phasing Program
(RCFPP) andthe Avenida La Pita Supplementary Road Fee Program (the "Fee
Program") on November 12, I991;and
WHEREAS, COUNTY and CITY have both prepared various documents and
studies related to the implementation of Avenida La Pata and now desire to cooperate to
prepare environmental documentation and a Project Report for Avenida La Pata from
Avenida Pico within the City of San Clemente to Ortega Highway within unincorporated
County of Orange territory hereinafter referred to as the "PROJECT"; and
WHEREAS, since approximately 1 mile of the total 5 mile length of Avenida La
Para remaining to be built between Avenida Pico and the northerly CITY boundary within
CITY jurisdiction, is calculated at exactly twenty percent (200/*), the same percentage
shall be applied to the costs for the total PROJECT; and
WHEREAS, CITY's share of the costs for the PR07BCT is expected to be funded
through Orange County Transportation Authority's (OCTA) Growth Management Area
(GMA) funding program; and
WHEREAS, the COUNTY is amenable to be designated as the Lead Agency for
the parties to (i) prepare the necessary environmental documentation necessary to satisfy
the California Environmental Quality Act of 1970 (CEQA), as amended, (ii) prepare a
PROJECT Report for the proposed PROJECT and any other required preliminary
engineering, (iii) and prepare an implementation plan that describes the proposed
PROJECT scope and improvement, outlines a schedule for the proposed PROJECT,
establishes the estimated cost and identifies funding sources for the PROJECT.
Avenida La Pata
CITY of San Clemente
02/05/03
nW.a�.t.00.� � a.:� �� iii i vi -irn� ♦.amu ��i�i�.
AID= No. D02-035
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
A. CITY:
1. Agrees that each of the above recitals is incorporated herein and is true and correct
2. Shall be designated as a Responsible Agency for the purposes of complying with
the requirements of CEQA for CITY's portion of the PROJECT.
3. Shall prepare the General Plan Conformance finding (Government Code 65402)
for CITY's portion of the PROJECT.
4. Shall appoint a designee to actively participate in each of COUNTY's processes
for the selection of an Architect -Engineer (A-E) to prepare the environmental
documentation and the Project Report and to participate in regularly scheduled
PROJECT meetings and community meetings.
5. Shall assist and issue no fee permits to COUNTY and/or its agents to perform and
do all work within CITY jurisdiction in order to implement the preliminary
engineering, SIR, and Project Report for the PROJECT.
6. Shall review and approve roadway geometries for purposes of establishing the
preliminary right-of-way requirements for CITY's portion of the PROJECT.
7. Shall review and approve the preliminary right-of-way maps based on the
approved geometries (see A.S. above) for CITY's portion of the PROJECT.
8. Shall be financially responsible and liable for twenty percent (20 %) of all costs,
expended by COUNTY for the cost of services to be provided by an A-E, involved
in the preparation of (i) the EIR and other necessary environmental documentation
to satisfy the California Environmental Quality Act of 1970 (CEQA), as amended,
the for PROJECT; (ii) the PROJECT Report; and (iii) an implementation plan
that describes the proposed PROJECT scope and improvements, outlines a
schedule for the PROJECT, and establishes the estimated cost and identifies
Avenida La Pata
CITY of San Clemente
02/05/03
a• earn i,a i i �r onn i,�u'iuv n nv. �.» r . _., u
-Aomt No. D02-035
funding sources for the PROJECT. However, in no event shall said 20% share of
the costs exceed Two Hundred Forty Thousand Dollars ($240,000).
9. Shall, at the March/April 2003 Measure M Semi -Annual Review meeting
with OCTA, request that OCTA transfer CITY's GMA funding allocation for
PROJECT to COUNTY so that COUNTY may pursuant to OCTA's rules,
directly invoice OCTA for CITY's share of costs related to this Agreement. Tn
no event shall CITY's financial share exceed Two Hundred Forty Thousand
Dollars ($240,000). For the purposes of this Agreement, CITY's and
COUNTY's internal staff costs for work related to this PROJECT shall not be
considered or included as eligible costs in the Final Accounting. CITY and
COUNTY shall each solely bear such costs.
10. Shall review, approve and sign the PROJECT Report by CITY for the
PROJECT in accordance with the detailed task list attached hereto as
"Attachment 1".
11. Shall review and take final action on the EIR in its capacity as a Responsible
Agency.
B. COUNTY:
1. Agrees that each of the above recitals is incorporated herein and is true and correct.
2. Shall be designated as the Lead Agency to do all work involved in the preparation
of the PROJECT Report, and the preparation of the EIR and other environmental
documentation that may be required to comply with CEQA, in accordance with the
detailed design task list attached hereto as "Attachment 1".
3. Shall invoice OCTA for costs expended by COUNTY pursuant to Paragraph A.9
above for CITY's share of PROJECT costs.
4. Shall review, approve and sign the PROJECT Report by its Chief Engineer for
COUNTY's portion of the PROJECT.
5. Shall review and certify the EIR by its Board of Supervisors for its portion of the
PROJECT in conjunction with approval of the Project Report.
6. Agrees to meet and confer with CITY with respect to the option to include the
preparation of Final Construction Documents (not shown in Attachment 1) for
PROJECT.
Avenida to Patti
CrrY of San Clemente
02/05/03
4
10
.—Apu& No. D02-035
7. Prepare a Final Accounting for all PROJECT costs incurred pursuant to this
Agreement and submit the same to CITY promptly upon completion of the tasks
performed by COUNTY.
C. GENERAL:
1, Termination of Agreement. Either party may terminate this Agreement by giving
30 days written notice to the other parry o€intent to so terminate except that CITY
may not terminate this Agreement subsequent to COUNTY's execution of
contract with an A-E for the work of PROJECT. All PROJECT costs incurred
by CITY and COUNTY prior to such termination shall be apportioned and paid to
the appropriate party as provided elsewhere in this Agreement.
2. Indemnification and Hold Harmless
a. COUNTY shall indemnify, defend, save and hold CITY and each of its
elected officials, officers, directors, agents and employees harmless from any and all
claims, injuries, liabilities, actions, damages, losses or expenses of every type and
description to which they may be subjected arising out of any act or omission of
COUNTY, its employees, representatives, agents and independent contractors in
connection with the design of the COUNTY's portion of the PROJECT and/or the acts
omissions of COUNTY in performing its obligations set forth in this Agreement.
b, CITY shall indemnify, defend, save and hold COUNTY and each of its
elected officials, officers, directors, agents and employees harmless from any and all
claims, injuries, liabilities, actions, damages, losses or expenses of every type and
description to which they may be subjected arising out of any act or omission of CITY
including any act or omission of CITY and its elected officials, officers, directors,
agents and employees and representatives in connection with the design of the CITY's
portion of the PROJECT and/or the acts or omissions of CITY in performing its
obligations set forth in this Agreement.
3. Cooperation. CITY and COUNTY agree to cooperate with respect to the
preliminary design and the preparation of the EIR and PROJECT Report for the
PROJECT. CITY and COUNTY agree to meet in good faith to resolve any
differences on future matters that are not specifically covered by this Agreement.
Avenida La Pam
CITY of San Clemente
02/05/03
Ajj� No.1)02-035
Either party may change its address by giving notice in writing to the other party.
Avenida La Pata
CM of San Clemente
02/05/03
Wement No. D02-035
IN WITNESS WHEREOF, the 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 on the Board of Supervisors and attested by its Clerk, all
thereunto duly authorized by Minute Orders of the CITY Council and the Board of
Supervisors, respectively, on the date written opposite their signatures.
ilI
ATTEST:
Date:
"-I-O-3
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO,
COUNTY COUNSEL,
Avem& I.a Pata
CTCV of San Clemente
02/05/03
THE CITY OF SAN CLEMENTE,
a municipal corporation
i
APPROVED AS TO FORM:
CgGNTY OF ORANGE,
political subdivision of the State of
California
By. lYt(MAlIi►..
Chair, Board of Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
j By:
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
[1
ATTACHMENT
PLANNING PHASE ACTIVITIES
1.0 Preliminary_Coordination
orement No. D02-035
RESPONSIBILITY
QM COUNTY
1.1
Field Review of Site
X
X
1.2
Provide existing street improvement plans
X
X
1.3
Provide existing geotechnical reports
X
X
1.4
Provide existing Master Plan of Drainage
X
X
1.5
Provide existing aerial mapping
X
X
1.6
Prepare and approve Request For Proposal (RPF) for Project
X
1.7
Review RFP
X
X
1.8
Review and approve scope of work for Project
X
X
1.9
Advertise RFP
X
1.10
Select and employ A-E consultant
X
X
1.11
Review and approve A-E fee
X
X
2.0
FIR
2.1
Prepare and Submit Environmental Studies and Reports
X
2.2
Lead Agency for Environmental Compliance Certifies FIR in
X
accordance with CEQA
2.3
Prepare and Submit Draft EIR
X
2.4
Review and Comment Draft EIR
X
X
2.5
Review EIR as needed for approved project geometries
X
X
2.6
Approve EIR as Responsible Agency
X
2.7
Prepare a General Plan Conformance finding
X
2.8
Prepare Resources Enhancement Pian (REMP)
X
3.0.
Project Report
3.1
Obtain Surveys & Aerial Mapping of preferred scope (as
X
necessary)
3.2
Furnish Copies of Assessor Maps and Other RNV Maps (if
X
X
necessary)
3.3
Provide plans that identify roadway geometries
X
3.4
Send plan of geometries to Local Agencies/Entities for Review (if
X
necessary)
3.5
Review and approve final geometries & scope
X
X
3.6
Approve Hydrology am Hydraulics Considerations/Standards
X
X
3.7
Approve Traffic & Signing Considerations
X
X
3.8
Provide Landscape Design Requirements (if necessary)
X
3.9
Plan sheet Format Discussion (if needed)
X
X
3.10
Prepare Traffic Analysis
X
3.11
Prepare Project Geometries and Profiles
X
3.12
Prepare Layouts and Estimates for Alternatives
X
3.13
Prepare Operational Analysis for Alternatives
X
3.14
Prepare & Submit Materials Report & Roadway Typical Section
X
recommendations
Avenida La Peta
CITY of Sen Clemente
02/05/03
Waient No. D02-035
3.15
Review and Approve Materials Report & Roadway Typical
X
X
Section recommendations
3.16
Prepare & Submit Landscaping Recommendations based on
X
City Standards (if necessary)
3.17
Review & Approve Landscaping Recommendation (if necessary)
X
X
3.18
Prepare & Submit Hydraulic Design Studies (if necessary)
X
3.19
Prepare Right of Way Budgetary Estimate
X
3.20
Review & Approve Hydraulic Design Studies (If necessary)
X
3.21
Prepare Draft Project Report
X
3.22
Prepare and process Hazardous Materials Assessment
X
Approve Project Report
X
X
4.9 tritgtles
4.1 Request Preliminary Utility Relocation Plans from Utilities (1" X
Notice)
42 Prepare Utility Relocation Cost Estimates X
4.3 Prepare and Submit Utility Relocation Plans for Review (if X
necessary)
4.4 Review and comment on Utility Relocation Plans X X
4.5 Approve UtOU Relocations Plans X X
Avenida La Pata 10
CITY of San Clemente
02/05/03
eLa Pata
Alternatives
4,000
r�i Orange County, California
EXHIBIT B
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
WWII. sanjlmncapislrano. org
September 17, 2003
Jwa�r �
DuuO,R I96I
1776
on
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
On September 16, 2003 the City Council of San Juan Capistrano met regarding:
"Consideration of Approval of M.O.U. between the Cities of San Juan Capistrano,
San Clemente, and the County of Orange Regarding the Preliminary Design of
Avenida La Pata" Item No. D7
The following action was taken at the meeting: Memorandum of Understanding
(MOU) regarding the preliminary design of Avenida La Pata between the City of
San Juan Capistrano, City of San Clemente, and the County of Orange, subject to
satisfactory resolution of the language or deletion of Item 10, and the City
Attorney's approval as to form, of the MOU approved; and the Mayor authorized
to execute the Memorandum of Understanding.
If you have any questions regarding this action, please contact Jill Thomas,
Management Analyst II at 443-6336 for more detailed information.
Thank you,
Meg I�nahaip, CMC
City qerk I
Cc: Vickie L. Wilson, Director PFRD, County of Orange; William M. Huber,
Engineering & Building Director; Jill Thomas, Management Analyst II
DRUG USE
Is
San Juan Capistrano: Preserving the Past to Enhance the Future
Cl
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
uvv1r sanjuancapistrano. org
JMar, �
1/Y,[� enuetlttl
• [sl1nmB � 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
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 September 16, 2003
in the City Council Chamber in City Hall, to consider: "Consideration of Approval of
M.O.U. between the Cities of San Juan Capistrano, San Clemente, and the County
of Orange Regarding the Preliminary Design of Avenida La Pate" — Item No. D7
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, September 15, 2003 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 Jill Thomas,
Management Analyst 11. You may contact that staff member at (949) 443-6336 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-agendase-sanivancapistano.org.
Meg Monahan, CMC
City Clerk
cc: Vickie L. Wilson, Director PFRD, County of Orange; William M. Huber,
Engineering & Building Director; Jill Thomas, Management Analyst II
Received staff report
DRUG 115E
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San Juan Capistrano: Preserving the Past to Enhance the Future
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Maria Guevara
From: Maria Guevara
Sent: Monday, July 12, 2004 10:57 AM
To: Jill Thomas
Subject: RE: La Pate Extension Agreement?
Hi Jill,
Did you ever get this????:)
-----Original Message -----
From: Jill Thomas
Sent: Thursday, June 17, 2004 11:22 AM
To: 'Hindiyeh, M. Akram'
Cc: Maria Guevara
Subject: RE: La Pata Extension Agreement?
Thanks Akram. I really appreciate it. Maria, I'll bring them
over
today or tomorrow.
-----Original Message -----
From: Hindiyeh, M. Akram [mailto:HindiyehA@san-clemente.org]
Sent: Thursday, June 17, 2004 11:03 AM
To: JThomas@sanjuancapistrano.org
Cc: Bill Huber
Subject: FW: La Pata Extension Agreement?
Importance: High
Dear Jill,
Last Tuesday, I attended a meeting at the County offices. I have
in my
hands the signed agreements. I took the liberty to bring SJC
copy from
Harry Persaud. I will deliver it to your offices, sometimes
today.
FRIV142- "I,
Sincerely,
M. Akram Hindiyeh
Principal Civil Engineer
1
•
-----Original Message -----
From: Hindiyeh, M. Akram
Sent: Wednesday, June 02, 2004 11:35 AM
To: Harry Persaud
Subject: FW: La Pata Extension Agreement?
Importance: High
11
Dear Harry,
Please provide both cities with signed copies of the agreement.
Thanks,
Akram.
Sincerely,
M. Akram Hindiyeh
Principal Civil Engineer
Original Message -----
From: Hindiyeh, M. Akram
Sent: Wednesday, June 02, 2004 9:23 AM
To: 'Jill Thomas'
Cc: Bill Huber
Subject: RE: La Pata Extension Agreement?
Importance: High
Jill,
Good morning,
The County has the agreement since they are last agency to
approve it. I
have not received a signed copy from the County. I will request
from
Harry Persuad to send both cities a signed copies.
Thanks,
Sincerely,
M. Akram Hindiyeh
Principal Civil Engineer
-----Original Message -----
From: Jill Thomas[mailto:JThomas@SanJuanCapistrano.org]
Sent: Wednesday, June 02, 2004 9:11 AM
To: Hindiyeh, M. Akram
Subject: FW: La Pata Extension Agreement?
2
0 0
'Hi Akram:
Can you shed any light on this for me? Thanks,
> -----Original Message-----
• From: Bill Huber
> Sent: Wednesday, June 02, 2004 9:08 AM
> To: Jill Thomas
> Subject: RE: La Pata Extension Agreement?
> The last I recall is when we approved it but I don't recall
any final
> agreement from the County being sent to us.
> Sincerely,
> William M. Huber P.E.
> Assistant City Manager
> -----Original Message-----
• From: Jill Thomas
> Sent: Tuesday, June 01, 2004 2:37 PM
> To: Bill Huber
> Subject: La Pata Extension Agreement?
> Hi Bill:
> Maria just called to ask if I knew where the La Pata Extension
Agreement
> was? Apparently, Meg sent it out to the County/San Clemente
back in
> October and hasn't seen it back.
> I have a slight recollection that San Clemente took over the
> administration of this agreement and wonder if they didn't
initiate
the
> signatures etc., which may have bypassed Meg.
> Can you shed any light on this. I did ask Maria to call San
Clemente
to
> see if that was the case, but thought I would check with you.
Let me
> know. Thanks,
> Jill Thomas
> Management Analyst II
3
rc
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1 171
(949) 493.1053 (FAX)
IVIVIV sanjuancapistrano. org
t�M�N •
"A
6 INII P11170
(IT RBII• 1961
1776
TRANSMITTAL
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
TO: Mr. Harry Persuad, County of Orange/Planning & Development Services,
300 N. Flower, 3`d Floor, Santa Ana, CA 92703-5000
FROM: Meg Monahan, CMC, City Clerk, (949) 443-6308
RE: Memorandum of Understanding between the Citrregard�inQgreliminary apistrano,
City of San Clemente, and the County of Orange
design of Avenida La Pata.
DATE: October 3, 2003
(3) original, executed MOU agreements related to design of Avenida La Pata are
enclosed for County approved.
This agreement was approved by the City Council on-Augus$a9, 2003.
Please return (1) signed original agreement to me when executed by the remaining
parties.
Thank you,
Cc: William M. Huber, Engineering and Building Director
I
DRUG U5E
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San Juan Capistrano: Preserving the Past to Enhance the Future
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN .YUAN CAPISTRANO,
THE CITY OF SAN CLEMENTE AND
THE COUNTY OF ORANGE REGARDING
THE PRELIMIARY DESIGN OF AVENIDA LA PATA
This Memorandum of Understanding is made and entered into this day of September, 2003,
by and between the County of Orange, the ("County"), the City of San Clemente ("San Clemente")
and the City of San Juan Capistrano ("San Juan Capistrano") and collectively the "Parties".
RECITALS
Avenida La Para, hereinafter referred to as "La Pata", is a highway of high importance in the
southern part of Orange County and the extension of La Pata may traverse parts of the Cities of San
Clemente, San Juan Capistrano, and unincorporated territory. San Clemente and the County have, on
March 18, 2003, entered into Agreement No. D02-035, and amended by an amendment to the
Agreement executed by the County and San Clemente concurrently herewith (collectively the
"Agreement") by which the County and San Clemente achieved an understanding by which the total
cost for the preparation of an Environmental Impact Report (EIR) and Project Report for La Pata
between Avenida Pico and Ortega Highway, was to be shared under a contract to be let and
administered by the County. A copy of this Agreement is attached as Exhibit A. The City of San
Juan Capistrano has no financial obligation to the cost of preparing the EIR or the Project Report.
San Juan Capistrano shall also have no financial obligation for construction and right of way for any
alignment of La Pata within the City of San Juan Capistrano. The Parties are supportive of
construction of the La Pata Extension between its current terminus at Ortega Highway to Calle
Saluda as a Primary Arterial Highway (4 lane divided roadway), hereafter referred to as the `Project'.
Significant geologic, topographic, environmental, habitat, landfill and utility considerations /
constraints will be encountered in constructing this Project.
The Project, as proposed, will consider two alignment options and two alternatives to each of the
alignment options
The first alignment, "A", proposes an approximate 4.1 mile length extension of La Para between
Ortega Highway and Calle Saluda. For this alignment approximately 16,600 linear feet lie within the
County of Orange from Ortega Highway, through the Prima Deshecha Landfill, to the City of San
Clemente corporate boundary. The remaining 5,255 linear feet lie within the City of San Clemente,
from the corporate boundary to Calle Saluda.
The second alignment, "B", proposes an approximate 3.7 mile length extension of La Para between
Ortega Highway and Calle Saluda. For this alignment, approximately 10,680 linear feet lies within
the County of Orange from Ortega Highway to the City of San Juan Capistrano corporate boundary.
0
The segment of this alignment through the City of San Juan Capistrano is approximately 4,586 linear
feet. The remaining 4,619 linear feet lies within the City of San Clemente, from the corporate
boundary to Calle Saluda.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
The County shall be the Lead Agency in preparing the EIR and Project Report for the Project.
2. San Clemente and San Juan Capistrano shall be Responsible Agencies for the EIR and
Project Report.
3. Given the physical constraints, there are two potential alignments and associated alternatives
that will be considered in the EIR. These alignments are generally depicted on Exhibit 1,
attached hereto and hereafter referred to as Alignment `A' and Alignment `B'.
4. That Alignment `A' traverses areas within the County and San Clemente jurisdictions.
5. That Alignment `B' traverses areas within the County and San Juan Capistrano and San
Clemente jurisdictions.
6. That the Parties are supportive of both alignments and alternatives being considered in the
EIR.
7. That the Parties understand that only one alignment will be recommended in the EIR and
analyzed in the Project Report, and that this determination will be made by the County and
will be based on which alignment is the most economically and environmentally viable.
8. That the recommended alignment in the EIR and Project report are developed consistent with
the General Plan guidelines of the County and affected cities.
9. That the Parties will cooperate with the County in preparation of the EIR and Project Report.
10. That in the event that the alignment chosen is Alignment `B," San Juan Capistrano agrees to
enter into an Amendment to the Agreement with respect to its duties as a Responsible
Agency for the EIR and Project Report and with respect to the need for assistance with
permitting and any other necessary activities for the Project.
11. Notices: Any notice required or permitted by this Memorandum of Understanding shall be
given in writing and sufficiently given if delivered in person or sent by certified or registered
mail, postage prepaid, to the notice address of the respective parties set forth in this
Memorandum of Understanding. Changes in the respective addresses for such notice maybe
made from time to time by any party by written notice to the other parties. The present
addresses of the parties are:
County of Orange:
2
0 0
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding on the dates opposite their respective signatures:
SIGNED:
Date:
Approved as to form:
J04 Shaw, City Attorney
Attest:
M garet R. Monahan, City Clerk
Date: P d
Attest: �—
1,121
' ! Myrna Erway, City Clerk
Date: ?"/�Q Z,
Approved as to form:
Js/ Jeff Oderman
Jeffrey M. Oderman, City Attorney
rd
COUNTY OF ORANGE, a political
Subdivision of the State of California
M
Vicki L. Wilson, Director PFRD
CITY OF SAN JUAN CAPISTRANO
By: Q���
Pamela Gibson, Interim City Manager
CITY OF SAN
City Manager
0 0
o z000 a,aoo
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Feel
La Pata
Alternatives
Orange Counfy, California