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1986-0916_ORANGE, COUNTY OF_AgreementAgreement No. D85-006 1 A G R E E M E N T L 2 THIS AGREEMENT, made and entered into this day of 3 „��•�• 1986. 4 BY AND BETWEEN 5 THE CITY OF SAN JUAN CAPISTRANO, a municipal 6corporation, hereinafter designated as "CITY," AND The COUNTY OF ORANGE, a political subdivision of 7 the State of California, hereinafter designated 8 as "COUNTY." 9 W I T N E S S E T H 10 WHEREAS, COUNTY proposes to extend Stonehill Drive from Seaside Drive to 11 Camino Capistrano, including bridges across San Juan Creek Channel and over the 12 AT&SF Railway, hereinafter referred to as PROJECT; and 13 WHEREAS, a portion of the proposed Stonehill Drive extension, from the 14 AT&SF Railway to Camino Capistrano, is within CITY limits; and 15 WHEREAS, Stonehill Drive is a Primary Arterial Highway on CITY's and 16 COUNTY's Master Plan of Arterial Highways; and 17 WHEREAS, Cooperative Agreement No. D80-126, dated January 13, 1981, 18 defined the areas of responsibility for the planning and design of PROJECT and 19 compliance with the California Environmental Quality Act (CEQA); and 20 WHEREAS, COUNTY and CITY have adopted a Stonehill Drive alignment for the 21 extension of the arterial highway from Seaside Drive to Camino Capistrano; and 22 WHEREAS, CITY, as lead agency for CEQA purposes, has approved on March 1, 23 1983, an Environmental Impact Report for PROJECT as required by CEQA; and 24 WHEREAS, COUNTY and CITY have received approval of Federal Aid Urban (FAU) 25 funding in Fiscal year 1988-89 for the entire PROJECT excluding the bridge at San 26 Juan Creek; and 27 WHEREAS, Federal Aid Urban construction funding may be available in Fiscal 28 year 1987-88 if PROJECT is ready for advertising for construction bids; and -1- n ►J • Agreement No. D85-006 WHEREAS, COUNTY has budgeted funds in its Major Bridge Program, for the entire design and construction cost of the bridge over San Juan Creek; and WHEREAS, COUNTY has applied unsuccessfully for California Public Utilities Commission (PUC) Railroad Grade Separation funds to construct the bridge over the ATBSF Railway; and WHEREAS, it is necessary for environmental compliance purposes to have the proposed San Juan Creek levee raising project from Trabuco Creek to Stonehill Drive completed prior to the construction of PROJECT; and WHEREAS, COUNTY proposes to be lead agency for the implementation of PROJECT; and WHEREAS, COUNTY and CITY wish to define the PROJECT responsibilities of both agencies, and have included funds for PROJECT in their 1985-86 budgets pursuant to an unexecuted prior draft of this agreement. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. COUNTY SHALL: A. Be and is hereby designated as Lead Agency for PROJECT and shall prepare and process all necessary environmental documents required by the National Environmental Policy Act (NEPA). B. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct PROJECT. C. Be and is hereby designated as Agent in charge of right-of-way acquisition for both CITY and COUNTY portions of PROJECT, and shall prepare all necessary documents in connection therewith. D. Contingent upon public budget hearings and availability of funds, appropriate the estimated COUNTY share of PROJECT in the adopted 1986-87 and 1987-88 fiscal year budgets. E. Complete the San Juan Creek levee raising project from Trabuco -2- El 0 Agreement No. D85-006 Creek to Stonehill Drive prior to the construction of PROJECT. II. CITY SHALL: A. Be and is hereby designated as a Responsible Agency for compliance with NEPA. B. Upon completion and acceptance of PROJECT by COUNTY and CITY, accept deeds for CITY's portion of right of way and assume responsibility for the maintenance of the portion of PROJECT within CITY limits. C. Contingent upon public budget hearings and availability of funds, appropriate the estimated CITY share of PROJECT in the adopted 1986-87 and 1987-88 fiscal year budgets. D. Deposit with COUNTY, CITY's share of estimated cost to acquire right-of-way, complete final design, and construct PROJECT within 60 days after authorization from County Board of Supervisors to perform each task. III. FINANCING: A. COUNTY shall be one hundred percent (1008) responsible for the design and construction costs of the bridge at San Juan Creek, under COUNTY's Major Bridge Program. B. on the basis of the construction and right-of-way cost estimates given in the Stonehill Drive project report dated December, 1981, and CITY boundaries existing in April, 1986, PROJECT will be financed as follows: 1. The FAU Program will provide approximately eighty-six percent (868) Federal Funding for the entire PROJECT except for the bridge at San Juan Creek. The remaining fourteen percent (148) matching funds will be shared between the CITY and COUNTY proportional to the actual construction cost within each jurisdiction. Estimated costs are: -3- • F.Y. 1985-86 R/W Costs Prelim. Eng.* Subtotal F.Y. 1986-87 Final Eng.* F.Y. 1987-88 FAD $1,230,000 380,000 $1,610,000 $ 380,000 lReement No. D85-006 CITY $145,000 30,000 $175,000 $ 30,000 Construction $2,568,000 $150,000 TOTAL $4,558,000 $355,000 *Includes engineering and administrative costs **Includes bridge at San Juan Creek, 1008 County COUNTY $ 56,000 237,000 $ 293,000 $ 237,000 $ 2,320,000** $ 2,850,000 2. The portion of PROJECT within CITY jurisdiction for cost purposes shall be as CITY boundaries exist at the time the PROJECT contract is awarded. C. PROJECT cost responsibilities will be adjusted according to appraisal reports, preliminary contract plans and cost estimate, changes to CITY's boundaries within PROJECT, and PUC grade separation funding if same is obtained. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: A. Further details of PROJECT administration including adjustments to funding responsibilities, procedures for financial transactions and final accounting, will be defined by subsequent agreement or amendment prior to advertising PROJECT'S FAU construction contract for bids. B. If PROJECT is found to be environmentally unacceptable pursuant to NEPA this agreement may be terminated by either party upon thirty (30) days written notice to the other party, and CITY shall be responsible for a proportionate share of actual PROJECT cost to that date. C. Neither CITY nor any 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 delegated to COUNTY under this agreement. It is also understood and -4- • 0 Agreement No. D85-006 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 under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. D. Neither COUNTY nor any 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 not delegated to COUNTY 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 or in connection with any work authority, or jurisdiction not deleted to COUNTY under this agreement. -5- 1 2 3 4 5 6 7 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Agreement No. D85-006 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTS( 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. CITY OF SAN JUAN CAPISTRANO A municipal corporation Dated: August 5, 1986 BY GARY AUSDUFFER, Mayor p o tempore ATTEST: APPROVED AS TO FORM: B City Clerl y Ann Hanover P60hn Shaw, City Attorney Dated: 9-16 l (� SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD COUNTY OF ORANGE A political subdivision of the State of California 4 By --'' Cha rman, Board of Supervisors APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA LINDA D. I ROBERTS 9-/` -fir Clerk of the Board of Supervisors =. -V VC of Orange County, California Date DU:vmPWT15-1 6211 -6- MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA SEPTEMBER 16, 1986 COOPERATIVE AGREEMENT NO. D85-006 WITH THE CITY OF SAN JUAN CAPISTRANO FOR STONEHILL DRIVE EXTENSIONPISTR N nvironmenta anagement Agency requests approval of Cooperative Agreement No. D85-006 which has been negotiated to define the respective roles of the City of San Juan Capistrano and the County in the extension of Stonehill Drive from Seaside Drive to Camino Capistrano. MOTION: On motion by Supervisor Wieder, seconded by Supervisor Clark, the Tore—going item was approved and the Clerk of the Board was authorized to execute the agreement. Supervisor Riley was absent. MOTION CARRIED. ®F1013-2.3 (12/76) AGENDA ITEM TRW SM ITTAL AGENCY/DEP19 CLERK USE ONLY CAO REVIEW \c P r FIV E D ❑ Concur CONSENT ❑R YES"" EJ NO SEPI 5 1159 AM t8 ❑ Not concur CLERK OF SiE BOAR X❑ Exempt TO: BOARD OF SUPERVISORS COUNTY OF ORANGE ORAaCt G�JZIHTY 80ARD OF SUPER1150 S;ONTACTFORINFORMATION FROM: EMA R09716 D. Updegraff 3561 NAME P�NE MEETING DATE SUBJECT SUPV DIST. SEP 16 1986 Cooperative Agreement No. D85-006, Stonehill Drive Extension to Camino Capistrano 5 SUMMARY OF REQUEST (Description for agenda) A cooperative agreement has been negotiated which defines the respective roles of the City of San Juan Capistrano and the County in the extension of Stonehill Drive from Seaside Drive to Camino Capistrano. ADDITIONAL DATA: The County is sponsor of a project in the 5 -Year Federal Aid Urban (FAU) Program, for the completion of Stonehill Drive across San Juan Creek and the Santa Fe Railway, to Camino Capistrano. Prior to applying for FAU funds, the County entered into Agreement No. DBO-126 with the City of San Juan Capistrano setting forth agency roles for a project alignment study and CEQA documentation. Those functions were completed and your Board by Resolution No. 83-283, selected alignment_ Alternate C and Bridge Concept One (separate bridges over San Juan Creek and the railroad). (continued on reverse) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM: Minute Order February 5, 1985 -- Authorized Negotiation of Agreement FUNDING SOURCE(S) CURRENT YEAR COST ANNUAL COST BUDGETED? kJYES NO Overall estimate: See additional Road 378; FAU 588; City 58 data None WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? CONSISTENT WITH BOARD POLICY? ® NO IF YES STATE NUMBER _ PERMANENT — LIMITED TERM ® YES ❑ NEW ITEM OR EXCEPTION RECOMMENDED ACTION Approve agreement. CONCURRENCES (It applicable) A�Agreement (3 orig.) Location Map DATE AGENCY OR DEPARTMENT AUTHORIZED REPRESENTATIVE DEU:1tPWT05-26 cc: R. R. Smith 6246 W. D. Murphy, DPW, City of San Juan Capistrano AGENDA ITEM TRANSMITTP ADDITIONAL DATA: (continued) • Page 2 _ -i With the inclusion of the project into the FAU program, an additional environmental assessment became necessary pursuant to the National Environmental Policy Act (NEPA), and most design will receive 86% FAU reimbursement. (The bridge over San Juan Creek will be entirely funded by the County's Major Bridge Program and is not a part of the EAU project scope.) Subject agreement therefore supersedes the provisions of Agreement D80-126 in regard to division of costs for environmental studies and project design. The FAU project is scheduled for advertising in fiscal 1987-88 or later. The subject agreement is considered a memorandum of understanding for overall division of responsibilities and budgetary needs. The County will act as lead agency for NEPA compliance, design and construction. The city will fund its proportionate share for construction within the city boundaries. Funds sufficient to cover the estimated costs for right-of-way and preliminary engineering through fiscal 1986-87, are included in the 1986-87 road program budget for right-of-way, staff costs, consultant services and the San Juan Creek bridge project. Subtracting the reimbursable city and FAU shares, the estimated net County cost is $530,000 through this fiscal year. The road program budget contains $3,860,000 in various items for the Stonehill project; the recommended action will not cause any of these funds to be encumbered. The City of San Juan Capistrano Community Redevelopment Agency has included funds in its 1986-87 capital projects budget for its share of this year's anticipated project costs. COMPLIANCE WITH CEQA: The City of San Juan Capistrano as lead agency for CEQA, approved an EIR for this project. Your Board certified the EIR pursuant to CEQA, by Resolution No. 83-283. i 1 ¢ i i NI MD y`J AP4RR a J R[A� ?¢ ¢ 7 < A BA 1 I fFf(h BA.ADO RE 1P I eLUf\'kJ h/TE t/ .aJu` o P �pQp $ANpSR � T � tnl VARA �A e ° 4yB0�0 / u �Q u MIMBRERA ¢) J ¢ J 4.1 a SA(T,yt 1E4 � � Jir1 OF \ F' c f/ t 4Ctt IR4. f 2 12 I� "O(DPN RUSTr i v Wf. Z\ IW N SnRIN Ary u n � U �V Wo D Oq On0q P sTONEH��I � I a ¢ ODI Iz W• ¢ L? Y �ffFN MN iOC j O a7 LR W hi m3¢ >pq,7 NOt? Dr I O = .a °a m ea KP,� Q v cr Q O z Dq N cat CL C4 n h fn SAM JUAN n d m C7 U LJ QPM R m m ^O \S e DUAL' VPIS^ \ R 11 M T RAq D BFACH S yBn40\y\,, LEGEND ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY ++� PRELIMINARY ENGINEERING �r.r■�o RAW ACQUISITION STONEHILL DR rrrrrsrrr FINAL DESIGN SEASIDE DR TO CAMINO CAPISTRANO •••■•■•■■■■■■■■• CONSTRUCTION W.O. NO. R09716 SCALE I 600' PLATE NO. R-15 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA SEPTEMBER 16, 1986 COOPERATIVE AGREEMENT NO. D85-006 WITH THE CITY OF SAN JUAN CAPISTRANO FOR STONEHILL DRIVE EXTENSION TO CAMINOI NO: En—vironme—n-t-a-FRanagement Agency requests approval of Cooperative Agreement No. D85-006 which has been negotiated to define the respective roles of the City of San Juan Capistrano and the County in the extension of Stonehill Drive from Seaside Drive to Camino Capistrano. MOTION: On motion by Supervisor Wieder, seconded by Supervisor Clark, the foregoing item was approved and the Clerk of the Board was authorized to execute the agreement. Supervisor Riley was absent. MOTION CARRIED. ®F1013-2.3 (12(76) 0 August 11, 1986 D. E. Updegraff Orange County Environmental Management Agency P. O. Box 4048 Santa Ana, California 92702-4048 Re: Agreement for Construction of Stonehill Drive (County of Construction of Stonehill Drive (County of Orange) Dear Mr. Updegraff: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRBNCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFZR PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN S. JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held August 5, 1986, received a recommendation from the San Juan Capistrano Community Redevelopment Agency that the Agreement between the County of Orange and the City of San Juan Capistrano for the extension of Stonehill Drive from Seaside Drive to Camino Capistrano be approved. The City Council took action to approve the Agreement. Four copies of the Agreement executed by the City are enclosed. After action is taken by the Orange County Board of Supervisors, please forward a fully executed copy of the Agreement to this office. Thank you for your cooperation. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN NOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Capistrano Valley News 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 • FOR CONSTRUCTION OF Written Communications: Report dated August 5, 1986, from the Director of Public Works, forwarding an Agreement with the County for financial participation in right-of-way acquisition, preliminary and final engineering, and construction, for implementation of the Stonehill Drive extension. Participation would be based on City boundaries at the time the construction contract is awarded. Acquisition and preliminary and final engineering will take place in Fiscal Year 1986-87. Construction will be performed in Fiscal Year 1987-88. The City`s share of costs were estimated at $355,000 for the following expenditures: Right -of -Way Acquisition $145,000 Preliminary Engineering 30,000 Final Engineering 30,000 Construction 150,000 A �roval -old f Agreement: It was mve oy Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve Agreement No. D85-006 with the County of Orange for right-of-way acquisition, preliminary and final engineering, and construction of Stonehill Drive Extension from 600 feet east of Del Obispo Street to Camino Capistrano. 0 0 AGENDA ITEM TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works August 5, 1986 SUBJECT: Agreement for Construction of Stonehill Drive (Orange County) SITUATION The City of San Juan Capistrano has been involved in a cooperative effort in regard to the implementation of the Stonehill Drive Extension. Initial discussions began in the early 1970's with a precise alignment being selected. In late 1980, the City entered into Agreement No. D80-126 to participate in planning (preliminary examination and project report preparation) and environmental documentation per CEQA. The County performed the planning and the City performed the environmental documentation and was to be exempted from participating in subsequent preliminary engineering. This was the first step to implement the project. The attached agreement would be the last step to implement the project. This agreement would provide that the City would financially participate in R/W acquisition, preliminary and final engineering, and construction, based upon City boundaries at the time the construction contract is awarded. The County would be the lead agency and would be responsible for performing environmental documentation per NEPA, project engineering, contract and construction administration, and right-of-way acquisition, in addition to their proportionate financial participation. In the attached agreement, the City would participate financially in preliminary engineering, which is contrary to Agreement No. D80-126. In so doing, the City would be relieved of performing environmental documentation per NEPA, which became a requirement when FAU funding assistance became very recently available and could cost the same as preliminary engineering. The agreement indicates acquisition and preliminary engineering to take place in FY '85-86, but this will actually take place in FY '86-87 with final engineering. Construction will be performed in FY 187-88. NOTIFICATION Capistrano Valley News; OCEMA Director of Public Works COMMISSION/BOARD REVIEW, RECOMMENDATIONS The City of San Juan Capistrano Community Redevelopment Agency has reviewed the attached agreement on August 5, 1986 and has recommended that City Council approve the agreement. FINANCIAL CONSIDERATIONS The City of San Juan Capistrano's participation would be to deposit, with the County, the City's share within 60 days after authorization for County to perform each task. The CRA Capital Projects budget includes $196,000 for FY '86-87 right-of-way acquisition and engineering and $11 00 r FY 187-88 construction. Based on the revised estimates III AGENDAITEM August 5, 1986 Page Two shown in the attached agreement, budget adjustments may be required, but costs will be based on actual expenditures. The agreement's estimated costs are as follows: FY '85-86 FY '86-87 FY '87-88 ALTERNATE ACTIONS Right -of -Way $ 145,000 Preliminary Engineering 30,000 $ 175,000 Final Engineering $ 30,000 Construction $ 150,000 1. Approve Agreement No. D85-006 with County of Orange for right-of-way acquisition, preliminary and final engineering, and construction of Stonehill Drive Extension from 600' east of Del Obispo Street to Camino Capistrano. 2. Do not approve the agreement. 3. Refer to Staff for further information. RECOMMENDATION By motion, approve Agreement No. D85-006 with County of Orange for right-of-way acquisition, preliminary and final engineering, and construction of Stonehill Drive Extension from 600' east of Del Obispo Street to Camino Capistrano. Respectfully submitted, 5 -=-- /10Q W. D. Murphy WDM/TGS:nb Attachment Y OF N G E ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS Mary Ann Hanover City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 August 1, 1986 SUBJECT: Cooperative Agreement No. D85-006, Stonehill Drive (Council Agenda for August 5, 1986) Dear Ms. Hanover: MURRAY'STORM DIRECTOR, EMA C. R. NELSON DIRECTOR OF PUBLIC WORKS LOCATION: 400 CIVIC CENTER DR IV E WEST SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 4048 TELEPHONE: (714) 8342300 FILE D85-006 Transmitted herewith at the request of Mr. Ted Simon are a retyped original and three duplicates of subject agreement for your City Council's action, After execution by the City, please return the original and two signed duplicates to this office, attention D. E. Updegraff, for execution by the County. In case of questions, Mr. Updegraff can be phone at (714) 834-3561. % DEU:nk Attachment cc: B. Murphy, DPW, City/SJC J. Johansen VeIy/ru yyoy'rs, :7I. Nakasone, Chief Road Program Section