1999-0525_ORANGE , COUNTY OF_Agreement• 6
AGREEMENT PROVIDING FOR
FINANCIAL COOPERATION IN
THE FUNDING OF A WATERSHED
MANAGEMENT FEASIBILITY STUDY
BY THE U. S. ARMY CORPS OF ENGINEERS
This Cooperation Agreement (hereinafter referred to as the "AGREEMENT") is made this
day of _, 1991, by and between the City of San Juan Capistrano, (hereinafter a ---
referred to as th "CITY"), and the County of Orange (hereinafter referred to as the
"COUNTY").
WHEREAS, COUNTY along with the cities, water and wastewater agencies in the
watershed have identified certain issues regarding the stability and condition of the San Juan
Creek watershed; and
WHEREAS, in response to these concerns, the U.S. Army Corps of Engineers, Los
Angeles District (hereinafter referred to as "CORPS"), has completed a Reconnaissance Study of
the existing conditions of the San Juan Creek; and
WHEREAS, the CORPS is now proceeding with a feasibility study (hereinafter referred
to as the "Feasibility Study") to further identify specific structural and non-structural
improvements to remediate the issues raised by the COUNTY, the cities, water and wastewater
agencies in the watershed; and
WHEREAS, the cities, water and wastewater agencies wish to participate in the
Feasibility Study process with the CORPS and COUNTY as the Study will be of direct benefit to
the COUNTY, cities, and other agencies within the drainage tributary area of San Juan Creek;
and
WHEREAS, the purpose of the AGREEMENT is to memorialize the understanding of
the parties as to how participation in the Feasibility Study will proceed and how costs will be
shared.
NOW, THEREFORE, be it mutually resolved between CITY and COUNTY as follows:
Section 1. Coordination of Feasibility Study and Funding Methodology.
CITY and COUNTY hereby agree that COUNTY shall act as the lead local agency
("LOCAL SPONSOR") for coordinating and providing for the preparation of the CORPS
Feasibility Study. COUNTY, as the LOCAL SPONSOR, shall provide coordination of the
CORPS Feasibility Study by maintaining open communication between itself, the CORPS, and
CITY as to the progress of the Feasibility Study.
Page 1 of 4
• 0
The Feasibility Study shall be financed as follows:
FEDERAL GOVERNMENT 50%
2. COUNTY, CITIES, WATER AND 50%
WASTEWATER AGENCIES
CITY'S contribution shall be the flat sum of $30,000, for each of two years, and in no
event shall CITY'S financial obligation for participation in the AGREEMENT exceed said
amounts. The CITY payment shall be made to COUNTY and shall be deposited in a trust fund
maintained by the COUNTY Treasurer. The trust fund shall have the sole function of funding
this study which shall occur within one hundred twenty (120) days of execution of this
AGREEMENT.
The first year CITY payment shall be made to the COUNTY by not later than January 31,
1999. The second year City payment shall be made to the COUNTY on or before June 30, 1999.
In addition, the CITY may receive financial credit from COUNTY in the event that CITY
has performed a drainage study which is found by the parties to contribute to the completion of
the Feasibility Study. In such event, the in-kind financial credit for such a study/studies shall not
exceed fifty percent (50%) of CITY'S required contribution as set forth in this paragraph.
Section 2. Coordination Process.
The COUNTY and the other agencies party to the Feasibility Study shall provide a local
leadership role in coordinating with the CORPS in the Feasibility Study process that includes the
opportunity for providing identification and evaluation of issues to be included in the Feasibility
Study; communicating with other interests in the San Juan Creek Watershed regarding the status
of the Feasibility Study process, including, but not limited to sending mailings, holding public
meetings, and soliciting comments as needed; providing in-kind services to the Feasibility Study
process as appropriate to relieve fiscal burdens imposed by the process; reviewing and preparing
timely comments on Feasibility Study drafts as appropriate.
Section 3. Reciprocal Cooperation.
CITY and COUNTY shall cooperate in all reasonable manner with the CORPS to insure
the completion of the Feasibility Study.
Section 4. Cost Accounting.
COUNTY will obtain from the CORPS an accounting of all expenditures of all funds
utilized for the Feasibility Study and shall request refund of any funds which are in excess of the
ultimate project cost of a proportionate basis to LOCAL SPONSOR and shall, in turn, refund as
available to itself and the other affected agencies prorated shares of any refunds received within
90 days after receipt thereof by COUNTY from CORPS in a ratio equal to participation in the
Feasibility Study.
Page 2 of 4
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Section 5. Notices.
All notices required or provided for under this AGREEMENT shall be in writing and
delivered in person or sent certified mail, postage prepaid and addressed as follows:
IF TO COUNTY:
Orange County Board of Supervisors
10 Civic Center Plaza
Santa Ana, CA 92701
Attn: Clerk of the Board
With a copy to:
County of Orange
Director, Public Facilities & Resources Department
300 North Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
IF TO CITY:
City of San Juan Capistrano
Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Any notice given as required herein shall be deemed given seventy-two (72) hours after
deposit in the United States mail or upon receipt. A parry may change its address for notices by
giving notice in writing to the other party as required herein and thereafter notices shall be
addressed and transmitted to the new address.
Section 6. Termination.
Either the COUNTY or the CITY may terminate this AGREEMENT in the event that the
CORPS fails to satisfactorily progress in the study during a two (2) year period beginning on the
effective date of this AGREEMENT. In such event, either party may serve notice of written
termination on the other party. CITY'S contribution shall be refunded on a pro -rated basis, if
feasible to do so, should CITY terminate the AGREEMENT for CORPS failure to process the
study.
Section 7. Entire Agreement.
This AGREEMENT constitutes the entire understanding between the Parties regarding
the participation in the San Juan Creek Feasibility Study and supersedes all prior discussions or
understandings of the Parties.
Page 3 of 4
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates
opposite their respective signatures:
COUNTY OF ORANGE,
a political subdivision of the State of California
M
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Suo
A /i/�✓ln I L!\ A
Clerk of the Board of
Supervisors of Orange
County, California
CITY OF SAN JUAN CAPISTRANO
By:a, L . JAUll
John Greiner, Mayor
ATTEST:
Date: � C)6
-
APPROVED AS TO FORM:
9Fh4'
ORA
M
Date: January S, 1999
APPROVED AS TO FORM:
By
Cheryl Johnsqo C tt Clerk John aw, City Attorney
SAN JUAN CREEK AGREEMENT.doc
Page 4 of 4
(i/Z y1fi0-0
ffll
0 THOMAS B. MATHEWS
County of Orange °RECTOR
300 N. FLOWER ST.
Planninag& DevelopmentySANTA ANA, CALCALIFORNIAment Services De artment THIRD FLOOR
0 r
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 834-4643
FAX # 834-2771
June 8, 1999
George Scarborough, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Scarborough:
The Orange County Board of Supervisors approved and executed the agreements for your city's
participation in the San Juan Creek watershed study on May 25, 1999. An original agreement
has been included herein for your City Clerk's records.
Thank you for your continuing support in the watershed project. If you have any questions,
please feel free to contact us.
Very truly yours,
Michael Wellborn, Senior Planner
Current Planning Division
Cc: Larry Paul
Enclosure
&/i o/9 i
X 61 it /Y.
/0'rf�eCIerkCOY" 9ina l�
JUN 0 9 1999
0
32400 PASEO ADELANTO
SAN JUAN CAPISiRANO, CA 92675
(949)493-1171
(949) 493-1053 (FAX)
January 7, 1999
Clerk of the Board
c
V
Orange County Board of Supervisors
10 Civic Center Plaza
Santa Ana, California 92701
Re: San Juan Creek Watershed Management Study
MEMBERS OF THE CDV COUNCIL
COUENE CAMPBELL
JOHN GREINER
WATT HART
GILJONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of January 5, 1999, the City Council of the City of San Juan Capistrano
approved the "Agreement Providing for Financial Cooperation in the Funding of a
Watershed Management Feasibility Study by the U.S. Army Corps of Engineers." The City
Council approved the City's participation in the amount of $60,000.
Three copies of the agreement have been signed by the City and are enclosed. Upon
approval by the Board of Supervisors, please return one fully -executed copy to the City
Clerk's office.
Thank you for your cooperation. If you have any questions, please contact William Huber,
Engineering and Building Director, at 949-443-6336.
Very truly yours,
a�ry
Cheryl on
City Clerk
Enclosure
cc: Director of Public Facilities & Resources (with copy of enclosure)
Engineering and Building Director (with copy of enclosure)
San Juan Capistrano: Preserving the Past to Enhance the Future
0 009
Written Communication:
Report dated January 5, 1999, from the for of Engineering and Building, advising that
the property owners participating in the refer d Funding Agreement had respectfully
Submitted a request to continue this
It
to an undet fined future date.
Motion to Reschedule:
It was moved by Council Member Campbell, seconded byCounc ember Hart, and
unanimously carried to reschedule this item for a future meeting.
----j> 2. APPROVAL OF FUNDING AGREEMENT AND BUDGET AMENDMENT FOR
CITY PARTICIPATION IN THE SAN JUAN CREEK WATERSHED
MANAGEMENT STUDY (COUNTY OF ORANGE)(600.50)
Written Communications:
Report dated January 5, 1999, from the Director of Engineering and Building advising that
the County had requested that the benefitting agencies enter into a cooperative agreement and
provide funding for a local funding match for the U.S. Army Corps of Engineers' Feasibility
Study for the San Juan Creek Watershed Management Program. The City was asked to
contribute $60,000 to support the study.
Approval of Agreement:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Funding Agreement and Budget Amendment for City
Participation in the San Juan Creek Watershed Management Study be approved in the
amount of $60,000; an appropriation of $30,000 was authorized from the 1998-99 Sewer
Enterprise Fund balance and an appropriation of $30,000 was authorized from the 1998-99
Water Enterprise Capital funds.
911
Written Communications:
Report dated January 5, 1999, from the ctor of Engineering and Building, recommending
approval of Final Tract Map 15686. The Fi Map encompassed 34.7 acres known as the
north Research and Development site, located at outherly terminus of Valle Road along
the easterly side of the I-5 freeway.
City Council Minutes -9- \ 1/5/99
0 0
AGENDA ITEM January 5, 1999
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Approval of Funding Agreement and Budget Amendment for
City Participation in the San Juan Creek Watershed Management Study
RECOMMENDATION
It is recommended that the City Council
1. Approve the Agreement for City Participation in the San Juan Creek Watershed
Management Study.
2. Authorize the appropriation of $30,000 from the Sewer Enterprise Fund balance.
3. Authorize the appropriation of $30,000 from the Water Enterprise Capital funds
for the feasibility study.
-------------
-------------
SITUATION
A. Summary and Recommendation
The County is requesting the benefiting agencies to enter into a cooperative agreement and
provide funding for the local match of the U.S. Army Corps of Engineers' Feasibility Study
for San Juan Creek Watershed Management Program. The City is being asked to contribute
$60,000 to support the study. Staff recommends approval of the agreement, and
authorization to fund the City's share of the 1998-1999 study.
B. Background
The City Council, at their March 4, 1997, meeting, adopted a resolution of support for the
U.S. Army Corps of Engineers' San Juan Creek Watershed Management Study. It was
understood at that time that the U.S. Army Corps of Engineers would be initiating a feasibility
study for selected projects on San Juan, Trabuco and Oso Creeks and that the County, as the
local sponsor, would be returning to the benefiting agencies to request assistance in paying
for the local match.
The feasibility study is estimated to cost approximately $2 Million with the local match being
50%, or $1 Million. The County is proposing that this be shared among the participating
FOR CITY COUNCIL AGENc
AGENDA ITEM -2- January 5 1999
agencies. They are proposing that $1.2 Million be set aside, therefore, each agency is being
asked to contribute $60,000 over a two-year period.
Staff proposes that the $60,000 be allocated to the study with the 1998-1999 fiscal budget,
with funds coming equally from the Water and Sewer Enterprise Funds. The reason for use
of these two funds is that the project will benefit the groundwater and protect existing sewers
along the creeks. The Water District would have been asked to participate as a separate
agency, but since the Water District is a subsidiary district of the City, County staff has agreed
to allow the City and Water District to share a single agnecy contribution. This represents
a significant financial break for our community since in each of the other cities that will be
participating, both the City and the water district serving in that City will contribute a full
share.
The other benefiting agencies are:
County of Orange
City of Mission Viejo
Moulton Niguel Water District
Santa Margarita Water District
San Juan Basin Authority
Orange County Transportation Authority
Capistrano Beach Water District
City of Dana Point
Metropolitan Water District
City of Laguna Niguel
City of Laguna Hills
City of Mission Viejo
Southeast Regional Reclamation
Authority
The County is also working with other agencies as possible participants (see Attachment 2),
which might help to lower costs for each agency.
The agreement provides for:
1) The cost sharing arrangements;
2) Allowance for in-kind services such as other useful studies or staff costs to count toward
an agency's share;
3) Local leadership responsibilities.
Staff supports the agreement as written and, therefore, recommends approval.
FINANCIAL CONSIDERATIONS
Funding will be split evenly between the Water and Sewer Enterprise Funds. There is no impact to
the General Fund.
PUBLIC NOTIFICATION
County of Orange
AGENDA ITEM -3- January 5 1999
PUBLIC NOTIFICATION
County of Orange
ALTERNATE ACTIONS
1. Approve the agreement as presented.
2. Do not approve agreement.
3. Refer to staff for additional information.
RECOMMENDATION
It is recommended that the City Council approve the Agreement for City Participation in the San Juan
Creek Watershed Management Study.
--------------------------------------------------------------------
Respectfully submitted,
A Z4 ��
William M. Huber
Director of Engineering & Building
WMH:jt
Attachment 1: Agreement
Attachment 2: San Juan Creek Watershed Management Study City Allocation
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CITIES CONTRIBUTING TO SAN JUAN BASIN MANAGEMENT STUDY
WITH SPECIAL DISTRICT CONTRIBUTIONS
CITY
CONTRIBUTION
AWMA
SERRA
SJBA
TOTAL
San Juan Capistrano
$60
$0
$17,250
$10,000
$87,250
Dana Point
$60
$0
$0
$0
$60,000
Mission Viejo
$60
$0
$0
$0
$60,000
Laguna Niguel
$50
$0
$0
$0
$50,000
Laguna Hills
$5
$0
$0
$0
$5,000
0
Written Communication:
Report dated January 5, 1999, from the . ector of Engineering and Building, advising that
the property owners participating in the re ced Funding Agreement had respectfully
submitted a request to continue this item to an un
'II
future date.
Motion to Reschedule:
It was moved by Council Member Campbell, seconded by C cil Member Hart, and
unanimously carried to reschedule this item for a future meeting.
2. APPROVAL OF FUNDING AGREEMENT AND BUDGET AMENDMEN%Y-FOR
CITY PARTICIPATION IN THE SAN JUAN CREEK WATERSHED
3.
Written Communications:
Report dated January 5, 1999, from the Director of Engineering and Building advising that
the County had requested that the benefitting agencies enter into a cooperative agreement and
provide funding for a local funding match for the US. Army Corps of Engineers' Feasibility
Study for the San Juan Creek Watershed Management Program. The City was asked to
contribute $60,000 to support the study.
Approval of Agreement:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Funding Agreement and Budget Amendment for City
Participation in the San Juan Creek Watershed Management Study be approved in the
amount of $60,000; an appropriation of $30,000 was authorized from the 1998-99 Sewer
Enterprise Fund balance and an appropriation of $30,000 was authorized from the 1998-99
Water Enterprise Capital funds.
(420.30/600.60.600.50)
Written Communications:
Report dated January 5, 1999, from the Director 0?tngeering and Building, recommending
approval of Final Tract Map 15686. The Final Map enc assed 34.7 acres known as the
north Research and Development site, located at the souther lyinus of Valle Road along
the easterly side of the I-5 freeway.
City Council Minutes -9- 1/5/99