Loading...
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 0 0 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 0 0 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 M U) F - Z LU W a Z ❑ W W H W W GC U Z a Z a U) 0 CD n" N W m O H U O 1-1 0 a m ae G C 0 j oC m m o � m m m 0'' a m U U p N N O CO U) S G C C Q a 0 a a N Q N N - c c cg U aci EE 220c_ m (J m 16 E E E E c o f o 0 N d m O m m m m N T T y OoNT =M N A O T T T T r Q ts m 0 0 N N U A A A A O o f Uc EQ¢a � E0E DU�p c�-% CL= = L_ m m o 3 a G G. Q.6 ON '6-6 ;; a s 01= m a A m a a a a°U m m m m( m U E d d D m E E 0 'a E E E E c = ami m m W m F- o °-miamm T Q '; aO a s Z E E ° mmmmT c Ei °YEE - - Op U U m m Y 4 m 4Ei an d C T E'e d m — V d N d N t O d y m m vaa¢¢ za¢¢aaci 0 u)azza°a 0 0 0 0 0 0 0 00000 3 0 0 0 3 0 0 3 0; 0;; Jam„ 00000 p00000 p 00 O 0 O 000�p000 G O O C O C C C C F- T �0�p,00 Vl X 9 9 41W C OM df 0i9 W N C M W C% C C C c o 0 0 0 o c o 0 0 o c 0 0 c o c c c z^ ds ds us f9 ds 3: 4.) 69 69 0 ; 0 03, 0 0 0 o o0 o 0 0 Y T = N Y a Y Y Y Y Y 0 0 0 0 0 c 0 0 0 0 0 c o 0 c o 000000 0 C C 3 3 3 3 _ 00000 oC o 0 0 00 V) O N 0 0 0 G O O O O N C O OC O C G C G f0 19 N CO f° di dl 49 4% Y co 0 co YI N Y 69 49 4% 'A 4% 0 fp 40 Y 'D Y Y Y V4 U i 1 69� T O L j O m a m O G G � U o m O 0 . - b .r t5 m N Ec o `mE d 3 M) m° E G T U U p 3Um' ccU ��� °=Q o0 ^ IL > o N N may m T aw CL m ami ami L m m m 10� O O= N_ N O mZ!um m� ° U '6a N U W i°mmac a mMcomwm �'a NtomE a Z >= m o U m O L 0 w c m w w FI c rn rn c N w a E L 5 a = 0 m h c o a Q U N��om N Uy2' 2in inm O UOO1U(Q 0O 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