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01-1002_MOULTON NIGUEL WATER DISTRICT ET AL_Indemnification AgreementINDEMINIFICATION AGREEMENT As part of this application, real party in interest, City of San Juan Capistrano, agrees to defend, indemnify, hold harmless, and release the Orange County Local Agency Formation Commission and Moulton Niguel Water District and each of their agents, directors, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including Moulton Niguel Water District, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the Orange County Local Agency Formation or Moulton Niguel Water District, or either of such entities' respective agents, directors, officers, or employees. Executed at San Juan Capistrano, California on the 14 --day of es2001. AGREED: City of San Jua Ca istranp, By: 2,Gl Title: Chair Capistrano Water District Mailing Address: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACKNOWLEDGED: ATTESTED: City n Juan C ist o v B: Title: CI rk of the Board APPROVED AS TO FORM: City of Sa Juan Capistrano By: Title: City Attorney Moulton Niguel Water District By Title: President, Board of Directors Mailing Address: 27500 La Paz Road Laguna Niguel, CA 92677 Capistrano Talley Water `District October 5, 2001 John Foley, General Manager Moulton Niguel Water District P.O. Box 30203 Laguna Niguel, CA 92607-0203 Re: Indemnification Agreement Dear Mr. Foley: On October 2, 2001 the Capistrano Valley Water District Board of Directors approved the indemnification agreement as required by the Local Agency Formation Commission to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District from any actions relative to annexations approved in LAFCO RO 96-15. (2) original, executed agreement are enclosed for the acknowledgement to be executed by Moulton Niguel Water District. Please return one original executed agreement to my attention. If you have questions specific to the appeal, please contact Amy Amirani, Public Works Director (949) 443-6361. Sincerely, Me Mona an, CMC CI k of t Board cc: Amy Amirani, Public Works Director P.O. Box %7, San Juan Capistrano, California 92693 � Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director October 2, 2001 SUBJECT: Consideration of Approval of Indemnification Agreement Relative to Annexation to Moulton Niguel Water District Boundaries RECOMMENDATION By motion, approve an indemnification agreement as required by Local Agency Formation Commission (LAFCO), to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District from any actions relative to annexations approved in LAFCO RO 96-15. SITUATION The 1998 LAFCO approved merger of the Capistrano Valley Water District with the City of San Juan Capistrano provided for annexation of two parcels to the Moulton Niguel Water District. In accordance with this annexation, an application to LAFCO, together with LAFCO's standard indemnification agreement is necessary. This agreement provides that the City of San Juan Capistrano agrees to hold harmless LAFCO and the MNWD from any claim or action relative to the annexation, including the environmental document which accompanies it. This item initially went to the Capistrano Valley Water District Board meeting held on September 4, 2001. The proposed indemnification was delayed to a subsequent meeting based upon a question raised by Director Swerdlin as to why this was not a cross -indemnification. After bringing this issue to the attention of our legal counsel, it has been found that since the indemnification is limited to the affirmative steps the City is undertaking to cause boundary adjustments, a cross -indemnification would be inappropriate. Furthermore, there is little or no exposure to the City under this indemnification document because we know of no claims or objections that have been made against the technical adequacy of the City's application. COMMISSION RECOMMENDATIONS n` V ' V \ „ � Not applicable. l� D ' FOR CITY COUNCIL AGENDA AGENDA ITEM • NOTIFICATION Moulton Niguel Water District# FINANCIAL CONSIDERATIONS None ALTERNATE ACTIONS • October 2, 2001 1, By motion, approve an indemnification agreement as required by Local Agency Formation Commission (LAFCO), to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District from any actions relative to Annexations approved in LAFCO RO 96-15. 2, Request additional information from staff. RECOMMENDATION By motion, approve an indemnification agreement as required by Local Agency Formation Commission (LAFCO), to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District from any actions relative to Annexations approved in LAFCO RO 96-15. Respectfully submitted, Amy Amirani Public Works Director Attachment: Indemnification Agreement Determination Memorandum from City Attorney Page 2 dealing with the validity of the merger procedural process. An example would be a lawsuit brought to -challenge any environmental paperwork prepared with respect to the City's application. Typically, indemnification obligations are voluntarily assumed by a contracting party where that party will be performing affirmative acts of some nature. Here, the factual context indicates that only the City of San Juan Capistrano is the moving party, to wit, the party initiating the application paperwork resulting in these boundary adjustments. Moulton Niguel did not ask the City to cause this merger. Since the indemnification is limited to the affirmative steps the City is undertaking to cause the boundary adjustments, an cross -indemnification would be inappropriate. ate. Furthermore, there is little or no exposure to the City under this indemnification document because we know of no claims or objections that have been made against the technical adequacy of the City's application. In conclusion, the indemnification is not a cross -indemnification and this is appropriate given the above stated circumstances. Capistrano `Valley Water `District NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on October 2, 2001, in the City Council Chamber in City Hall, to consider "Consideration of Approval of Indemnification Agreement Relative to Annexation to Moulton Niguel Water District Boundaries" — Item No. D1 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 Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, October 1, 2001 to allow time for the Board 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 Chairman when the item is considered. You have received this notice at the request of the City staff member Amy Amirani, Public Works Director. You may contact that staff member at (949) 443-6361 with any questions. Thank you for your interest, Meg Monahan, CMC City Clerk (949) 443-6308 cc: Moulton Niguel Water District"; Amy Amirani, Public Works Director " Received staff report P.O. Box 967, San Juan Capistrano, California 92693 '16 Phone 714493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-4933955 G Capistrano Talley `Water District September 6, 2001 NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT — BOARD OF DIRECTORS On September 4,_2001 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of Approval of Indemnification Agreement Relative to Annexation to Moulton Niguel Water District Boundaries" Item No. B2 The following action was taken at the meeting: "Item continued to September 18, 2001" If you have any questions regarding this action, please contact Amy Amirani, Public Works Director at 443-6361 for more detailed information. Thank you, Cc: Moulton Niguel Water District; Amy Amirani, Public Works Director P.O. Box 967, San Juan Capistrano, California 92693 1 Phone 714.493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 Board Action: Moved by Director Gelff, seconded by Director Hart and carried unanimously, 5-0, to authorize the General Manager to enter into negotiations with the highest ranked design build operate finance firm, Eco Resources, for Phase I Desalter Project. 2. CONSIDERATION OF APPROVAL OF INDEMNIFICATION AGREEMENT // RELATIVE TO ANNEXATION TO MOULTON NIGEL WATER DISTRICT BOUNDARIES CONTINUED TO OCTOBER 2, 2001 (600.70) Project Description: A proposed indemnification agreement related to annexation of two parcels by the Moulton Niguel Water District. Written Communications: Report dated September 18, 2001 from Amy Amirani, Public Works Director, Oral Presentation: Amy Amirani, Public Works Director requested that the item be continued to October 2, 2001 to allow time for further review of the matter. Board Action: There being no opposition, the item was continued to October 2, 2001. ADJOURNMENT There being no further business, Chairman Bathgate adjourned the meeting at 7:38 p.m. to Tuesday, October 2, 2001, at 5:30 p.m. in the City Council Chamber. Respectfully submitted, �2 _ Gz R. MONAHAN, CLERK OF THE BOARD Adopted: October 16, 2001 ATTEST: a*-elr BATHGATE, CVWD Minutes 2 09-18-01 AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director September 18, 2001 SUBJECT: Consideration of Approval of Indemnification Agreement Relative to Annexation to Moulton Niguel Water District Boundaries BACKGROUND Director Swerdlin pulled this item from the Capistrano Valley Water District meeting on September 4, 2001. The issue raised was regarding indemnifying the City as well as the Moulton Niguel Water District, SITUATION Moulton Niguel Water District's legal counsel, who has not had the opportunity to respond to the Indemnification Agreement, is reviewing this item. Therefore, we would like to continue the item to the October 2, 2001 meeting. Respectfully submitted, (11w , ch l"'OA< - Amy Amirani Public Works Director C FOR CITY COUNCILAGENDA cv� 2. CONSIDERATION OF APPROVAL OF INDEMNIFICATION AGREEMENT RELATIVE TO ANNEXATION TO MOULTON NIGUEL WATER DISTRICT BOUNDARIES CONTINUED TO SEPTEMBER 18, 2001 (600.70) A Project Description: A proposed indemnification agreement related to annexation of two parcels by the Moulton Niguel Water District. Written Communications: Report dated September 4, 2001, prepared by Amy Amirani, Public Works Director. Oral Presentation: Amy Amirani, Public Works Director reviewed the staff recommendation. Mayor pro tem Swerdlin requested more information prior to consideration of the agreement. Board Action: Moved by Director Swerdlin, seconded by Director Hart and carried unanimously to continue this item to September 18, 2001. BOARD ACTIONS - None ADJOURNMENT There being no further business, Chairman Bathgate adjourned the meeting at 8:04 p.m. to Tuesday, September 18, 2001, at 5:30 p.m. in the City Council Chamber. Respectfully submitted, I�LTiLel ►►d1:/.1101 Adopted: October 2, 2001 ATTEST: CVWD Minutes 2 09-04-01 �J AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director 0 September 4, 2001 SUBJECT: Consideration of Approval of Indemnification Agreement Relative to Annexation to Moulton Niguel Water District Boundaries. RECOMMENDATION By motion, approve an indemnification agreement as required by the Local Agency Formation Agency (LAFCO), to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District (MNWD) from any actions relative to annexations approved in LAFCO RO 96-15. SITUATION The 1998 LAFCO approved merger of the Capistrano Valley Water District with the City of San Juan Capistrano provided for annexation of two parcels to the Moulton Niguel Water District. In accordance with this annexation, an application to LAFCO, together with LAFCO's standard indemnification agreement is necessary. This agreement provides that the City of San Juan Capistrano agrees to hold harmless LAFCO and the MNWD from any claim or action relative to the annexation, including the environmental document which accompanies it. COMMISSION RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS None NOTIFICATION Moulton Niguel Water District ALTERNATE ACTIONS By motion, approve the attached Indemnification Agreement to hold harmless LAFCO and the Moulton Niguel Water District from any action or claim relative to the annexations indicated in LAFCO R096-15. FOR CITY COUNCIL A .. (2\/ AGENDA ITEM • 2. Request additional information from staff. RECOMMENDATION 4F Sept. 4, 2001 By motion, approve an indemnification agreement as required by LAFCO, to indemnify the Orange County Local Agency Formation Commission and Moulton Niguel Water District from any actions relative to annexations approved in LAFCO RO 96-15. Respectfully submitted, Amy Ami ni Public Works Director Attachment: Indemnification Agreement Page 2 Dawn Schanderl From: Kathleen Springer Sent: Monday, November 05, 2001 11:49 AM To: Dawn Schanderl Subject: RE: CVWD - Indemnification Agreement Good Morning! 1 will call over there and see if I can get a status on the agreement. I'll let you know what I find out. -----Original Message ----- From: Dawn Schanderl Sent: Monday, November 05, 2001 11:42 AM To: Kathleen Springer Subject: CVWD - Indemnification Agreement On October 2, 2001 the CVWD Board of Directors approved the indenmification agreement relative to annexation to Moulton Niguel Water District Boundaries. Lonnie "was tracking" this down for me. Hummmm. Anyway I haven't received a signed copy. It was sent on October 5, 2001 to John Foley, General Manager, Moulton Niguel Water District (2 copies sent; one to be return to us) Thanks (smile, smile)