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
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• 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
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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:
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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
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• 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.
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• • 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
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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.
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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