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)