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12-0416_CALIF DEPT OF TRANSPORTATION_Cooperative Agr (2)12 -ORA -74 PM 0.00/1.60 EA OE310, ID -12-0000-0102 District Agreement No. 12-654 COOPERATIVE AGREEMENT FOR BETTERMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON d pr, -e i YJ 2012, is between the STATE OF CALIFORNIA, acting by and through itsDepartmTransportation, referred to herein as "STATE", and the CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS 1. STATE and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Section 130 and 100.25, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE contemplates to reconstruct interchange on State Route 74 and Interstate 5, in Orange County, in the City of San Juan Capistrano, referred to herein as "PROJECT". 3. CITY desires and has requested STATE to install sidewalk pavers west of Bridge No. 55- 1104 (per CITY letter 12-27-11) within PROJECT limits, referred to herein as "IMPROVEMENTS", which exceed State standards and is willing to pay the additional cost. 4. PARTIES agree that IMPROVEMENTS will cost $132,000. 5. PARTIES hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed, and maintained. SECTION I STATE AGREES: 1. To administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS, as specified in the PROJECT contract plans and as requested by CITY. 2. To comply with all environmental commitments stipulated in the PROJECT Environmental Impact Report/Environmental Impact Assessment (EIR/EIS). 3. To submit an invoice in the amount of $132,000 to CITY within 30 days of award of construction contract for PROJECT. SECTION II CITY AGREES: 1. To pay STATE, within thirty (30) days of receipt of invoice, the amount of $132,000, which figure represents the lump sum total amount CITY agreed to share of the cost of work to be performed by STATE as requested by CITY. 2. To maintain IMPROVEMENTS installed pursuant to this Agreement which lie outside the State highway right of way. 2 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act and the allocation of resources by the California Transportation Commission. 2. All obligations of CITY are subject to and contingent upon funds being appropriated therefor by the San Juan Capistrano City Council for each fiscal year covered by the Agreement. 3. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as herein- above stated. 4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this Agreement. 5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon STATE or under this agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under this Agreement. 6. This Agreement will terminate upon completion of PROJECT construction provided that PARTIES have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies termination of this Agreement. However, all indemnification, claims, legal challenges, maintenance and ownership clauses will remain in effect until terminated or modified in writing by mutual agreement. 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: f4d+." A kc�'J Adnan Maiah Acting Deputy District Director Capital Projects Outlay Program APPROVED AS TO FORM AOCEDURE: c - k L3— By: Attorney Department of Transportation CERTIFIED AS TO FUNDS: By: �n Ned Saber District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: CITY OF SAN JUAN CAPISTRANO C NJay r APPROVED AS TO FORM: 1:1 By: DATE: Acc n tng Administrator 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuancaplstrano. org CITY COUNCIL MEETING MINUTE EXTRACT MEMBERS OF THE CITY COUNCIL SAMALLEVATO IAURAFREESE LARRYKRAMER DEREK REEVE JOHN TAYLOR A Regular Meeting of the City Council of the City of San Juan Capistrano, California was held on Tuesday, April 3, 2012, at 6:00 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California with Mayor Kramer presiding. ROLL CALL PRESENT: COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer ABSENT: COUNCIL MEMBERS: None EXTRACT OF: Consent Calendar Item D14: Consideration of Two Agreements with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to Cooperative Agreements with Caltrans for Storm Water Treatment and Betterment -Sidewalk Pavers for the reconstruction of Ortega Highway and 1-5 Interchange. ROLL CALL: AYES: Council Members: Freese, Reeve, Allevato, Taylor and Mayor Kramer NOES: Council Members: None ABSENT: Council Members: None I, Maria Morris, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the foregoing is a true and correct copy of the Minute Entry on record in the City Clerk's office. Said Minutes have not been officially approved by the City Council of the City of San Juan Capistrano, as of April 5, 2012. IN �1jTNEgS WHEREOF, I hereunto set my hand and affix the official seal of the City of San JuanlC i rano) California this 51K day of April, 2012. San Juan Capistrano: Preserving the Past to Enhance the Future 0 Rnmee a„00%.xruee woe, 32400 PASEO AOEUNTO SAN JUAN CAPI9 ANO. CA 92675 (949) 493.1171 (949) 4931053 FAX it wwsanpmncapismnw.wg TRANSMITTAL TO: Matthew 0. Cugini, Chief Design Branch C. Department of Transportation District 12 3347 Michelson Drive, Suite 100 Irvine, CA 94612-8894 DATE: April 4, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERSWTHECRYCWNOL SMI ALLEYATO UURAFREESE WIRYX ER OEIIEXFEEYE J NTAYLOR RE: Cooperative Agreement for Betterment No. 12-654 & Cooperative Agreement No. 12-646 Three (3) original Cooperative Agreements for Betterment No. 12-654 and four (4) original Cooperative Agreements No. 12-646 are enclosed. Once final signatures are received, please return 1 original of each agreement to the City of San Juan Capistrano, City Clerk's Office. Thank you. If you have questions concerning the agreement, please contact Alan Oswald, Senior Engineer —Traffic at (949) 443-6356. Cc: Alan Oswald, Senior Engineer—Traffic San Jinn Capistrano: Preserving the Past to Enhance the Future CJ Po.w � Iwx «w.a Nw. 12 -ORA -74 PM 0.00/1.60 EA 0010, ID -12-0000-0102 District Agreement No. 12-654 COOPERATIVE AGREEMENT FOR BETTERMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2012, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". 1 U RECITALS 1. STATE and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Section 130 and 100.25, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE contemplates to reconstruct interchange on State Route 74 and Interstate 5, in Orange County, in the City of San Juan Capistrano, referred to herein as "PROJECT". 3. CITY desires and has requested STATE to install sidewalk pavers west of Bridge No. 55- 1104 (per CITY letter 12-27-11) within PROJECT limits, referred to herein as "IMPROVEMENTS", which exceed State standards and is willing to pay the additional cost. 4. PARTIES agree that IMPROVEMENTS will cost $132,000. 5. PARTIES hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed, and maintained. SECTION• I STATE AGREES: 1. To administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS, as specified in the PROJECT contract plans and as requested by CITY. 2. To comply with all environmental commitments stipulated in the PROJECT Environmental Impact Report/Environmental Impact Assessment (EMMIS). 3. To submit an invoice in the amount of $132,000 to CITY within 30 days of award of construction contract for PROJECT. SECTION_II CITY AGREES: 1. To pay STATE, within thirty (30) days of receipt of invoice, the amount of $132,000, which figure represents the lump sum total amount CITY agreed to share of the cost of work to be performed by STATE as requested by CITY. 2. To maintain IMPROVEMENTS installed pursuant to this Agreement which lie outside the State highway right of way. 2 U SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act and the allocation of resources by the California Transportation Commission. 2. All obligations of CITY are subject to and contingent upon funds being appropriated therefor by the San Juan Capistrano City Council for each fiscal year covered by the Agreement. 3. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as herein- above stated. 4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything - done or omitted to be done by CITY and/or its agents under this Agreement. 5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon STATE or under this agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under this Agreement. 6. This Agreement will terminate upon completion of PROJECT construction provided that PARTIES have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies termination of this Agreement. However, all indemnification, claims, legal challenges, maintenance and ownership clauses will remain in effect until terminated or modified in writing by mutual agreement. 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Adnan Maiah Acting Deputy District Director Capital Projects Outlay Program APPROVED AS TO FORM AND PROCEDURE: M Attorney Department of Transportation CERTIFIED AS TO FUNDS: BV: Neda Sager District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: M". Accounting Administrator 4 CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: By: CITY Att ey n DATE: Christy Jakl From: Christy Jakl Sent: Wednesday, April 04, 2012 4:32 PM To: Alan Oswald Subject: Cooperative Agreements with the State Attachments: 12-0403 Coop Agrs.pdf Hi Alan, Attached is a copy of the agreements to be picked up tomorrow morning. Thanks! Christi RM Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax STATE OF CAL-IFOR A—A .SS_ TRANF TATION AND HOUSING AGENCY T tem Brown_ Governor DEPARTMENT OF TRANSPORTATION District 12 3347 Michelson Drive, Suite 100 Irvine, CA 94612-8894 PHONE (949) 724-2507 Flex your power! FAX (949)724-2591 Be energy efficient! March 15, 2012 Mr. Alan Oswald Traffic Engineer Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Oswald: FREEWAY AGREEMENT INTERSTATE 5 12 -ORA -5/74 PM 9.3/10.00 0.0/0.2 Interstate 5 at State Route 74 Reconstruct Interchange 12208— OE310 Category: 351 Enclosed are three (3) original copies of the Freeway Agreement for execution by the City: Once the City Council has taken action to execute the agreement, please return two (2) copies of the Freeway Agreement with original signatures to the Department. Along with the agreements, please provide two (2) City Council resolutions for the approval of the agreement with'oiiginal signature and seal from the City Clerk. Once the Department. receives the two (2) executed copies, it will take approximately two weeks for execution by the State. Once fully executed, one (1) original signed freeway agreement will be returned to the City for your records. The Department 1d1i1 irect the City's attention to Section 100.22 of the Streets and Highways Code whic requires a ublic hearin or to the execution of this agreement. Additionally, the Departmen equests that the City's resolution indicate that the requirements of Section 100.22 have been complied with. \ Please feel free to contact me at (949) X24-2507 if you have any questions. Matthew Q. Cugini, Chief Design Branch C. C: Nooshin Yoosefi, CT � (MacaU -�' r � v "Caltrans Improves mobility across Cal jornla" 4/312012 AGENDA REPORT D14 TO: Karen P. Brust, City j1R"an r, FROM: Sam Shoucair, Acting Pu lic Works Director SUBJECT: Consideration of Two Cooperative Agreements with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project By motion, approve the following Cooperative Agreements with Caltrans for the reconstruction of Ortega Highway and 1-5 Interchange project: 1. Cooperative Agreement for Storm Water Treatment; and, 2. Cooperative Agreement for Betterment - Sidewalk Pavers. SITUATION: The Ortega Highway and 1-5 Interchange project ('Interchange") is currently in its final design to mitigate congestion and operational problems occurring daily at the Interchange, in addition to accommodating future traffic needs. Due to savings from other programmed projects, Corridor Mobility Improvement Account (CMIA) funds have become available. This funding source has restrictions on its use, and this project is the only one in Orange County that meets the qualifications. While the project is already fully funded, Caltrans would like to replace State Transportation Improvement Program (STIP) and County of Orange funds with CMIA funds for this project. One of the criteria for these funds is that the project be contract -ready, which includes approval of these Cooperative Agreements by the City. The approved agreements must be to Caltrans by April 9, 2012, in order to meet the application submittal deadline for the April California Transportation Commission meeting, at which time, funding allocations will be considered for approval. If CMIA funds are approved for this project, Caltrans will bid the project in November and select a contractor in December 2012, with groundbreaking expected in early 2013. This project previously received $16 million in CMIA funds, which were used to reduce the $20 million the County of Orange had originally contributed to the Interchange Project. The County has redirected that savings to the La Pata Extension project. If received, the new CMIA funds would be used in lieu of the remaining $4 million of County funding for this project, which would free it up for redirection to other projects. Agenda Report Page 2 BACKGROUND: Pq April 3, 2012 The Interchange currently operates under heavy delays during peak travel hours. Heavy traffic volumes and short intersection spacing create severe congestion during morning and afternoon commute hours. The Interchange, which consists of the intersections of Ortega Highway with the 1-5 northbound and southbound ramps, as well as the intersections of Ortega Highway with Del Obispo Street and Avenida Los Cerritos, has a peak hour level -of -service (LOS) of "E", at the present time (which, per the City's General Plan, is the minimum acceptable LOS at this location.) Without improvements, the projected increase in traffic at the interchange over the next 25 years will result in an unacceptable LOS of "F." In January 2009, the City Council endorsed Alternative 3 for the re -design of the Interchange (Attachment 2). The project design work is nearly complete. The two Cooperative Agreements cover the following specific items: 1. Cooperative Agreement for Storm Water Treatment Similar to the previously -approved Cooperative Agreement for the Camino Capistrano on- and off -ramp project, this Agreement obligates Caltrans to pay the City the sum of $112,000 for the placement of three catch basin treatments in reconstructed catch basins as part of the Interchange Project. Caltrans will make a lump sum contribution to the City for the purchase and installation of the treatment system. 2. Cooperative Agreement for Betterment - Sidewalk Pavers At the October 18, 2011 City Council meeting, Caltrans gave a presentation on numerous aesthetic aspects of the interchange project, including sidewalk pavers on both sides of the bridge. The estimated cost (Attachment 3) for the pavers was included in the presentation. City Council supported the sidewalk pavers on the west side of the bridge as part of the Interchange Project (Attachment 4). Based on their estimate, Caltrans has requested $132,000 for the cost of the betterment. The final invoiced cost will be based on unit bid price for the successful bidder. Capital Improvement funding will be through Measure M and programmed for Fiscal Year 2012-2013 in the City's Seven Year Capital Improvement Program to pay for this improvement. In addition, a public hearing is scheduled for the April 17, 2012, City Council meeting for consideration of the Freeway Agreement. ' COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. Agenda Report U Page 3 FINANCIAL CONSIDERATIONS: April 3, 2012 For the sidewalk pavers, the City will program $132,000 from Measure M funds in its Fiscal Year 2012-2013 Capital Improvement budget to reimburse Caltrans for its costs. Conversely, for the storm drain treatments, the City will receive $112,000 from Caltrans to install three catch basin treatment systems (once the construction effort has concluded). NOTIFICATION: Nooshin Yoosefi, Caltrans Project Manager RECOMMENDATION: By motion, approve the following Agreements with Caltrans for the reconstruction of Ortega Highway and 1-5 Interchange project: 1. Cooperative Agreement for Storm Water Treatment; and, 2. Cooperative Agreement for Betterment - Sidewalk Pavers. itted, Shoucair a Public Works Director Attachments: Prepared by, 0LAA--(34U=Q0Q,,' Alan P. Oswald Senior Engineer - Traffic 1. Location Map 2. Design Layout Alternative 3 3. Caltrans Paver Cost Breakdown 4. 2011-10-18 City Council Minutes 5. Storm Water Treatment Cooperative Agreement 6. Sidewalk Betterment Cooperative Agreement CITY OF SAN JUAN CAPISTRANO '• 1-5/Ortega Highway •� »'• ``4 Interchange •g D \\ 4. V � p • _ _ S1� �jj_ - � O .� ��rip � ob 1 7 40 4y .j i f _ dd7 W E A 5 0 1,500 3,000 6,000 Feet ATTACHMENT 1 U SVUPH 66AST SAN Jud"CNCSAI 1 LALM Ex l CI{UHCN 1 CALTRANS R 1, i i 1 �• I !' Wc11I : - SANIMAtl %CHW-L pw 1 sq*L /' tit11NL01µr 1 I d� 1� !Exist 8 C4LTRAN� i YMCA' i� � 'r �R/M � r :J N15SIWJ ,Wi • •r �, i APIsYRANOI (OkA MISS�gN ! 5IVIL`E CENY C ER1 ' TH 101 - f � r �' � "+..� 1�Y• ; i .,-, S`— i, -. � 1, 'EST XG516y kL TO r - / -Ex tat R/W VAPIE Exlsp11 i p I CALTRAHS R/� r, a , - Wall CAPISTRA% / i116liCKeRE' �: !" % ;OWSINE55 ! �Fimp LEGEND D (STING RIGHT OF WAY Exlct PRRPOSED RETAINING, WALL •? , i IBS rl j�� �, (/� i R/wf } Alternative 3 ' Prelludlwry Design Lay" i Attachment 2 i Grant Taylor ' From: Ronald J Wong <ronaldJ wong@dotca.gov> Sent: Wednesday, August 31, 20114:00 PM To: Grant Taylor Cc: Nooshin Yoosefi; David Lam; Matthew Cuginl; Fred Faizi; Eric Dickson; Deedee Martinez; Charles Lomicka Subject: Re:1-5/Ortega Interchange - Pavers Location & Fence Calors HI Grant, Caltrans can install the sidewalk pavers along Ortega and Del Obispo within the project limits (limits are shown on the plans). According to the Caltrans response letter of 9/8/10, "Caltrans can incorporate pavers in areas that are within the City Right of Way and City will be responsible -to finance the additional cost of construction." The area calculated east from the bridge to the corners are approximately 8,000 square feet, and west of the bridge is approximately 24,000 square feet: Concrete sidewalk is estimated at $3.00/ SF and the pavers are estimated at $8.50/ SF. The City would be responsible to finance the construction difference of $5.50/ SF, or approximately $44,000 east of the bridge and $132,000 west (downtown side) of the bridge. The actual cost would be calculated based on the final bid price for pavers. Should the City choose a lesser area for sidewalk pavers, the City's financial responsibility would be based upon the construction cost difference of $5.50/ SF. The City would be required to enter into a maintenance agreement for maintenance of the sidewalk pavers within the State Right -of Way. A copy of the maintenance agreement can be provided when sidewalk pavers are selected. The City's financial responsibility regarding the sidewalk pavers can be included into the cooperative agreement for the BMP devices (Filter System). Caltrans will proceed to specify the bridge vinyl coated chain link fence color to be brown in the contract plans and specifications. Should the color change, please notify us by November 1, 2001. Thanks, Ron Wong Landscape Architecture 3347 Michelson Drive Suite 100 Irvine, CA 92612-8894 (949) 724-2865 <GTaylor@sanjuan capistrano.org> To "Ronald J Wong 08/22/201106:01 (ronald i wona dot.ca.eov)" PM <ronald i w6na@dot.ca,aov> cc Subject 1-5/6rtega Interchange - Pavers Location & Fence Colors 'Attachment 3 U L L ERA MINUTES OCTOBER 189 2011 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Allevato called the Regular Meeting of the City Council to order at 5:05 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Derek Reeve, John Taylor, Mayor pro tem Lary Kramer, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: Laura Freese PUBLIC COMMENT: None CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54956.9(b), the City Council conferred with legal counsel pertaining to one potential item of significant exposure to litigation regarding an inverse condemnation and civil rights claim asserted by the owner of the Capistrano Terrace Mobile Home Park involving the City's rent control, park closure and building/property maintenance regulations. b. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (City Manager) as to the memoranda of understanding with represented employees, including salaries and fringe benefits. The affected bargaining units are San Juan Capistrano Classified Employees Association and San Juan Capistrano Management and Professional Employees Association. BUSINESS SESSION. Mayor Allevato called the Regular Meeting of City of San Juan Capistrano to order at 6:06 p.m. Mayor pro tem Kramer led the Pledge of Allegiance gave the invocation. Eric Gorsuch performed Were Stop Tuming.° ROLL CALL COUNCIL MEMBERS PRESENT: Derek Mayor pro tem Lary Kramer, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: Laura Freese the City Council of the in the City Council Chamber. and Council Member Taylor Were You When the Wodd Reeve, John Taylor, Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. Attachment 4 U ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Taylor announced that he recused himself from Closed Session item -A due to a business relationship. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: I E • Orange County Business Council Luncheon. • 7th Annual "Dine at the Dump", United Way Fundraising Event. • Upper Chiquita Dedication. • Meeting with State Representative Pauline Steele - Proposition 84 Statewide Parks. • Orange County Water Advisory Board meeting. • Camp Pendleton Change of Command -1111 Marines. • Presented a woven basket with sage, nuts and tobacco, a gift from the Blas Aguilar Adobe Museum. • Ribbon Cutting Ceremony for the °Black Cat Gallery" at Verdugo West. • Foothill/Eastern Transportation Corridor Agency — Operations and Finance Committee. • Family Resource Center Open House. • Sunrise Powerlink Case Study. • Toll Road Board meeting. • 1 /11 Marines Committee Meeting. • Meeting with John Goss regarding Utilities Audit. • Meeting with Tuttle -Click Ford regarding remodeling plans. INTRODUCTIONS AND PRESENTATIONS 1. PRESENTATION OF THE ECONOMIC OVERVIEW OF THE CITY'S SALES TAX REVENUE (610.40/390.10) Jerry Peeler, MuniServices, provided a PowerPoint presentation and responded to questions. Public Comments: • Clint Worthington, City resident, felt that the City's sale tax lacks diversification with too many car dealerships; and spoke regarding conflict of Interest in the approval of car dealership signs. Mayor Allevato clarified that the auto dealerships conform with the City's sign ordinance. • Steve Behmerwohld, City resident, expressed concern with staff not having the PowerPoint presentation available on the City's website when the agenda was posted; and felt that a more balance approach was needed rather than depending most on car dealerships for sales tax. Karen P. Brust, City Manager, clarified that the PowerPoint presentation was prepared and presented by the Citv's consultant. 2. CALTRANS I-5/ORTEGA HIGHWAY INTERCHANGE PROJECT — ALTERNATIVE NO. 3; AESTHETICS TEAM REVIEW (800.20) Grant Taylor, Development Services Director, provided a staff report and responded to questions. Robert Williams, Planning Commissioner, provided a I I 2 10/18/2011 U PowerPoint presentation and responded to questions. Robert Cardoza, Design Review Committee Member and Matt Cugini, Caltrans, responded to questions. Public Comments: Ll • Steve Sandland, Representing Tlrador Property Owner, had questions regarding the sidewalk retaining walls on Section G1 of the Site Plan. Matt Cugini, Caltrans, stated that south of Calle Arroyo will not have any retaining walls. L Council Comments: • Felt it was important to try to purchase some of the remnant parcels especially one that can be used for an entry monument sign to the City; and would support a Capital Improvement Project for the sidewalk pavers west of the bridge within the City's right-of-way. • Would like obtaining the costs associated with undergrounding utilities; and supported the sidewalk pavers west of the bridge. — > • Supported the sidewalk pavers to the west of the bridge and not to the east; and would like to know what the City will give up In exchange (budget) to cover the cost of the sidewalk pavers and the remnant parcels. • Supported the overhead directional sign, but would like to see it plain and softened; supported the cost of the sidewalk pavers to the west town; and felt it was critical to obtain the remnant parcel near Ortega Highway/Del Obispo Street in order to use for an entry monument sign to downtown. 3. PRESENTATION BY SAN DIEGO GAS AND ELECTRIC (SDG&E) REGARDING THE SOUTH COUNTY RELIABILITY PROJECT (610.40/1010.10) Duane Caves, SDG&E, provided a presentation and responded to questions. Council Comments: • Understands the importance of making Improvements to the substation, but felt it was important for the City to have input on the aesthetic design. • Would like to see the possibility in saving the existing building's fagade. • Important to disguise the new building as much as possible; suggested undergrounding power lines in the nearby park; would like to receive information that explains why the substation cannot be moved to another area In town; and stressed the importance of properly notifying the public and adjacent neighbors. 4. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and Senior Services Commission; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Bob Cardoza, Design and Review Committee; Jean Savage, Transportation Commission; and Robert Williams, Planning Commission. 3 10/18/2011 12=ORA-74 PM 0.00/1.60 EA OE310, ID -12-0000-0102 District Agreement No. 12-646 COOPERATIVE AGREEMENT This Agreement, entered into effective on , 2012, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as «CrM„ Attachment 5 1 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized - to enter into a Cooperative Agreement for improvements within the City of San Juan Capistrano, County. of Orange. 2. STATE and CITY desire to have the following improvements collectively hereinafter referred to as "PROJECT' made: reconstruction of the interchange at State Route 74 and Interstate 5 in the City of San Juan Capistrano. 3. The PROJECT area is located within the jurisdiction of the San Diego Regional Water Quality Control Board (SDRWQCB). Discharge within the area are regulated by the California Department of Transportation's Statewide Stormwater Permit (NPDES PERMIT). The NPDES PERMIT requires the inclusion of storm water treatment systems for new or major reconstruction projects. 4. STATE intends to contribute to CITY a one time lump sum amount of $112,000 toward the purchase and installation by CITY of the storm water treatment system (TREATMENT) located on a CITY street to treat storm water runoff from the PROJECT area. 5. The parties hereto intend to define herein the terms and conditions under which contribution is to be accomplished. SECTION I CITY AGREES: 1. To submit an invoice to STATE in the amount of $112,000 within 60 calendar days prior to the purchase and installation of TREATMENT system, said invoice represents STATE's a one-time lump sum contribution toward purchase and installation of the TREATMENT system. 2. To install TREATMENT system per NPDES PERMIT requirements. 3. To provide traffic control for the installation of the storm water treatment system at no additional cost to the STATE. 4. To maintain and operate the proposed TREAMENT at no additional cost to the STATE. SECTION II STATE AGREES: 1. To deposit with CITY within 30 calendar days of receipt of invoice in the amount of $112,000, said. invoice represents STATE's a one-time lump sum contribution toward TREATMENT construction. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of any funds by the CTC. 2. Neither•STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted io be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from 'all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 4. No alteration of the terms of this Agreement shall be valid unless made in writing and. signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This Agreement shall terminate upon satisfactory completion of all construction obligations of CITY and the concurrence of STATE, or on January 30, 2014, whichever is earlier in time except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. I STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LN Adnan Maiah Acting Deputy District Director Capital Projects Outlay Program APPROVED AS TO FORM AND PROCEDURE: By: Attorney Department of Transportation CERTIFIED AS TO FUNDS: Svc Neda Saber . District Budget Manager CITY OF SAN .WAN CAMSTRANO By: CITY Mayor APPROVED � �AS�T[O/��FORM: By: ` !� CITY Attorney ATTEST: CITY Clerk CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: M Accounting Administrator DATE: U TREATMENT COST ESTIMATE PHASE FUNDING TOTAL STATE CITY CONSTRUCTION $1.12,000 $0 $112,000 12 -ORA -74 PM 0.00/1.60 EA OE310, ID -12-0000-0102 District Agreement No. 12-654 COOPERATIVE AGREEMENT FOR BETTERMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2012, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California,, referred to herein as i Attachment 6 U RECITALS 1. STATE and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Section 130 and 100.25, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE contemplates to reconstruct interchange on State Route 74 and Interstate 5; in Orange County, in the City of San Juan Capistrano, referred to herein as "PROJECT". 3. CITY desires and has requested STATE to install sidewalk pavers west of Bridge No. 55- 1104 (per CITY letter 12-27-11) within PROJECT limits, referred to herein as " WROVEMENTS", which exceed State standards and is willing to pay the additional cost. 4. PARTIES agree that IMPROVEMENTS will cost $132,000. 5. PARTIES hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed, and maintained. SECTION I STATE AGREES: To administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS, as specified in the PROJECT contract plans and as requested by CITY. 2. To' comply with all environmental commitments stipulated in the PROJECT Environmental Impact Report/Environmental Impact Assessment (EIR/EIS). 3. To submit an invoice in the amount of $132,000 to CITY within 30 days of award of construction contract for PROJECT. SECTION II CITY AGREES: 1. To pay STATE, within thirty (30) days of receipt of invoice, the amount of $132,000, which figure represents the lump sum total amount CITY agreed to share of the cost of work to be performed by STATE as requested by CITY. 2. To maintain IMPROVEMENTS installed pursuant to this Agreement which lie outside the State highway right of way. P SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act and the allocation of resources by the California Transportation Commission. 2. All obligations of CITY are subject to and contingent upon funds being appropriated therefor by the San Juan Capistrano City Council for each fiscal year covered by the Agreement. 3. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed outside of STATFs right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as herein- above stated. 4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but.not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything -done or omitted to be done by CITY and/or its agents under this Agreement. 5. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon STATE or under this agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all.claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done -by STATE and/or its agents under this Agreement. 6. This Agreement will terminate upon completion of PROJECT construction provided that PARTIES have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies termination of this Agreement. However, all indemnification, claims, legal challenges, maintenance and ownership clauses will remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA CITY OF SAN JUAN CAPINfRANO DEPARTMENT OF TRANSPORTATION In Adnan Maiah Acting Deputy District Director Capital Projects Outlay Program APPROVED AS TO FORM AND PROCEDURE: t'a'd Department of Transportation CERTIFIED AS TO FUNDS: M Neda Saber District Budget Manager CITY Mayor APPROVED AS TO FORM: By: bw-a, A CITY Attorney ATTEST: By: CITY Clerk CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: M Accounting Administrator H DATE: 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 493-1053 FAX uw►usal juancapistrano.org F9 MEMBERS OF THE CRY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMALLEVATO LAURAFREESE LARRY KRAMER DEREK REEVE JOHNTAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, April 3, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Two Cooperative Agreements with Caltrans for the Ortega Highway and 1-6 Interchange Reconstruction Project — Item No. 1314. 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 City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, April 2, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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 Mayor when the item is considered. You have received this notice at the request of the City staff member Alan P. Oswald, Senior Engineer - Traffic. You may contact that staff member at (949) 443-6356 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkO-sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Nooshin Yoosefi, Caltrans Project Manager ,San .bran Capi iramo: Preserving tree% Past icy Enhance the Fugue., Today's Date: %fZ- 3(zol 2 CONTRACT TRANSMITT CIP No. (if any): Transmittal Routing (Check All That Apply) City Attorney r`11.. Manager F-1 ity Clerk Project Manager's Last Name: A61A CX—LPhone Extension: %3SL Council or CRA Meeting Date (if applicable): 4 13 (-ZOl2 APPROVING AUTHORITY: (Check One) Mayor CRA Chair F1 City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) OTHER INSTRUCTIONS: ©�v cit( Y lfo�v o{a{�uz�vaL 0.s iotr� ajso 32400 PASEO ADEI.ANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 4931053 FAX ulto►1:sanjuancaprsrrano.oig CITY COUNCIL MEETING MINUTE EXTRACT U MEMBERS OF THE CITY COUNCQ SAM ALLEVATO LAURA FREESE LARRYKRAMER DEREK REEVE JOHN TAYLOR A Regular Meeting of the City Council of the City of San Juan Capistrano, California was held on Tuesday, April 3, 2012, at 6:00 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California with Mayor Kramer presiding. ROLL CALL PRESENT: COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer ABSENT: COUNCIL MEMBERS: None EXTRACT OF: Consent Calendar Item D14: Consideration of Two Agreements with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to Cooperative Agreements with Caltrans for Storm Water Treatment and Betterment -Sidewalk Pavers for the reconstruction of Ortega Highway and 1-5 Interchange. ROLL CALL: AYES: Council Members: Freese, Reeve, Allevato, Taylor and Mayor Kramer NOES: Council Members: None ABSENT: Council Members: None I, Maria Morris, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the foregoing is a true and correct copy of the Minute Entry on record in the City Clerk's office. Said Minutes have not been officially approved by the City Council of the City of San Juan Capistrano, as of April 5, 2012. IN U,h/ S4 WHEREOF, I hereunto set my hand and affix the official seal of the City of San Jun As no, California this 51h day of April, 2012. City San Juan Capistrano: Piesei-ving the Past to Enhance the Future `5 M*Wd on 100%toeydod paper