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12-0417_CALIF DEPT OF TRANSPORTATION_Freeway Agreement12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route I To San Juan Capistrano City Limit 0.3 mile south of Avery Parkway FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this /%T* day of AYR t V , 2012, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of San Juan Capistrano (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on December 18, 1952; and WHEREAS, STATE and County of Orange have entered into a Freeway Agreement dated September 21, 1965 relating to that portion of State Highway Route 5 from the San Juan Capistrano City limit at Trabuco Creek to the Laguna Freeway Route 133; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated July 1, 1968, relating to that portion of State Highway Route 5 from San Juan Capistrano City Limit near Route 1 to San Juan Capistrano City Limit 0.7 mile north of Trabuco Creek; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated September 21, 1965 with the County of Orange; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects roads of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreement, dated July 1, 1968. 2. This Agreement supersedes that portion of said Freeway Agreement dated September 21, 1965 from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. • • • 12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route 1 To San Juan Capistrano City Limit 0.3 mile south of Avery Parkway 3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference. 4. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. 5. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY roads, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY. 6. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by STATE. 8. HM -1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether disturbed or not. HM -2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed Identified existing HM -1 within the property to be relinquished by STATE is the responsibility of responsible parties identified by the California Department of Environmental Protection or its subdivisions. Should HM -2 be disturbed during construction, STATE will respond in accordance with state and federal law prior to completing the project and relinquishing the property to CITY. 9. CITY will accept the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project once remediation of existing HM -1 by 2 12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route I To San Juan Capistrano City Limit 0.3 mile south of Avery Parkway the identified responsible parties is complete. Upon recordation of the California Transportation Commission's Resolution of Relinquishment in the County Recorder's Office, STATE will not be responsible for any present or future remediation of HM -1 or HM -2 on the relinquished property. 10. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA THE CITY OF SAN JUAN CAPISTRANO Department of Transportation By: MALCOLM DOUGHERTY Acting Director of Transportation By:: () \ \^1 Larry Kramer, Mayor TERRY L. ABBOTT Chief Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: ate/ omey (State) Attorney (Ci ) ATTEST: Marlsris, City dIerK 0 F CITY OF LACUNA NICUEL CITY OF SAN JUAN CAP ISTRANO a K O Is olop I. W a z z 0 � � N a � a�( a Z0 C) a Wzm IL LL W 00to W N Ul a LL LL �Z 0 � v a a W n � z t— tu I. - O ul c W O Ci Q 0z[L a � � LLJ c� a LL z o z w O� uu. O r Q a c� 0 z t W a*I 0 LJ Z �O �O UJ U DW Z z O ZO U p ©UW Z Wi - Q MU D Q � w Q© Lr p U LL [J�w m 4/1712012 AGENDA REPORT E2 f .. TO: Karen P. Brust, City Il n r, FROM: Sam Shoucair, Acting Public Works Director SUBJECT; Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project RECOMMENDATIONS: Open the Public Hearing, receive public testimony, close the Public Hearing, and, by motion, adopt a resolution approving a Freeway Agreement with Caltrans for the reconstruction of Ortega Highway and 1-5 Interchange project. 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. If the project land acquisitions are complete in the coming months, Caltrans will award the project in December 2012 and break ground in early 2013. BACKGROUND: 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 commuting 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 minimally -acceptable peak hour level -of -service at the present time. Without improvements, the projected increase in traffic at the interchange over the next 25 years will result in an unacceptable level -of -service. 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 Freeway Agreement (Attachment 3) covers the following specific items: 1) Under this Agreement, the City will continue its control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on the Agenda Report Page 2 April 17, 2012 plan map, (attached to the Agreement), as long as the new properties to be transferred to the City are deemed free from any soils hazards or contaminations by the appropriate jurisdictional authorities. 2) The new Agreement supersedes, in its entirety, the original Freeway Agreement, dated July 1, 1968 (Attachment 4), as it changes the northerly limit of the Freeway within the City of San Juan Capistrano from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. This item is unassociated with the Interchange improvements, but is a Caltrans housekeeping matter resulting from the City's annexation of the Rancho Capistrano property in 2006. At a later date, two other Agreements related to this project, the Freeway and Highway Maintenance Agreements will be presented to the City Council for approval. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: There are no costs associated with the Freeway Agreement. The change in the area of City maintenance responsibility is insignificant, approximately 0.25 acres, due to the additional lanes on Dei Obispo Street. Specific projects and associated costs have been/will be covered by separate Cooperative Agreements. Also, separate Cooperative Maintenance Agreements will address maintenance responsibilities for streets and bridges that cross State highways and freeways. Two Cooperative Maintenance Agreements for this project will be presented to the City Council at a later date. NOTIFICATION: Nooshin Yoosefi, Caltrans Project Manager Matt Cugini, Caltrans Design Project Manager Agenda Report Page 3 RECOMMENDATION: April 17, 2012 Open the Pudic Hearing, receive public testimony, close the Public Hearing, and, by motion, adopt a resolution approving a Freeway Agreement with Caltrans for the reconstruction of Ortega Highway and 1-5 Interchange project. Respectful�j/,gubM#.Od, ;air lic Works Director Attachments: 1. Location Map 2. Design Alternative 3 3. Freeway Agreement 4. 1968 Freeway Agreement 5. Resolution Prepared by, Alan P. Oswald Senior Engineer - Traffic A CITY OF SAN JUAN CAPISTRANO i-5/Ortega Highway \, �4 Interchange V. M, y �J l �a ' ` ! ' vP: e Al ?R i i y _ 2 / 0 1,500 3,000 6,000 Feet ATTACHMENT 1 0 IF19-M- EX IS , -r IN' RIGHT Of WA! PPPP65ED RETAININf! WALL Alternative 3 Frol lmtnrjr� Do-31gn Layoul Attachment 2 12 -ORA -5 PA4 6.8/12,6 From San Juan Capistrano City Limit near Route 1 To San Juan Capistrano City Limit 0.3 anile south of Avery Parkway FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of 2012, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of San Juan Capistrano (herein referred to as "CITY"), "WITNESSETH: WHEREAS, the highway described above Inas been declared to be a freeway by Resolution of the California Highway Commission on December 18, 1952; and WHEREAS, STATE and County of Orange have entered into a Freeway Agreement dated September 21, 1965 relating to that portion of State Highway Route 5 from the San Juan Capistrano City limit at Trabuco Creels to the Laguna Freeway Route 133; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated July 1, 1968, relating to that portion. of State Highway Route 5 from San Juan Capistrano City Limit near Route 1 to San Juan Capistrano City Limit 0.7 mile north of Trabuco Creek; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated September 21, 1965 with the County of Orange; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects roads of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter. into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. 'Ibis Agreement supersedes in its entirety said Freeway Agreement, dated July 1, 1968. 2. This Agreement supersedes that portion of said Freeway Agreement dated September 21, 1965 from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. Attachment 3 12 -ORA -5 PM 6.8112.6 From San Juan Capistrano City Limit near Route 1 To San .Tuan Capistrano City Limit 0.3 mile south of Avery Parkway 3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto; marked Exhibit A. and made a part hereof by reference. 4. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. 5. The obligations of STATE and. CITY with respect to the acquisition of the rights of way required for the construction., reconstruction, or alteration of the freeway and CITY roads, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY. 6. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by STATE. 8. HM -1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether disturbed or not. HM -2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed Identified existing HM -1 within the property to be relinquished by STATE is the responsibility of responsible parties identified by the California Department of Environmental Protection or its subdivisions. Should HM -2 be disturbed during construction, STATE will respond in accordance with state and federal law prior to completing the project and relinquishing the property to CITY. 9. CITY will accept the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project once remediation of existing HM -1 by 2 fes_. 12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route 1 To Sana Juan Capistrano City Limit 4.3 mile south of Avery Parkway the identified responsible parties is complete. Upon recordation of the California Transportation Commission's Resolution of Relinquishment in the County Recorder's Office, STATE will not be responsible for any present or fixture remediation of HM -1 or TINS -2 on the relinquished property. 10. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation MALCOLM DOUGHERTY Acting Director of Transportation LIN TERRY L. ABBOTT Chief Design Engineer APPROVED AS TO FORM: Attorney (State) 3 THE CITY OF SAN JUAN CAPISTRANO By: APPROVED AS TO FORM: 7� INA =fj ME 4 A - 1, t 30 A 0 F CITY OF LACUNA NICUEL CITY OF SAN JUAN CAP ISTRANO a K O Is olop I. W a z z 0 � � N a � a�( a Z0 C) a Wzm IL LL W 00to W N Ul a LL LL �Z 0 � v a a W n � z t— tu I. - O ul c W O Ci Q 0z[L a � � LLJ c� a LL z o z w O� uu. O r Q a c� 0 z t W a*I 0 LJ Z �O �O UJ U DW Z z O ZO U p ©UW Z Wi - Q MU D Q � w Q© Lr p U LL [J�w m 1 2 3 4 5 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 07 -Ora -5 695/12,2 Be Ween the Sai Jaan Capistrano city ii;nit near Rol�te 1 and. the San Juan Capistrano city iiylSt 0.7 rile north of Trabuco Creek THIS AGFsRBMT. T, made and /entered into in 15,uplicaee on this 14rca7 a K lr //�a by and between the STATE 0F CA=FORNIA., acting /by and t. qui:h the Department of Public Works, Division of Highways, hereinafter for convenience referred to as the "SITAsEt° and the City of Sarr Juan Capistrano, herei.-aafter for convenience referred to as the "017V',. WHEREAS, the California High4vay Owmissio x on December 18, 1952, passed a resolution, deolaring that portion of Route 5 and Route 1 in the City of Sari Clck,,eIite and the Ciuntuy of Orange, on Route 5 biAween I-?i;uel Road and the San DIego Coanty Lime and on Route 1 betireen Ser-z:a. Junction and Foate 5 to be a freeway, and V71M'EAS, the State and the City of S=in Ju —n Capiotvano have heretofore entered. into a .freaway agreement dated Septem- ber 22, 1565, coVox°ina the Route 5 Freeway, Road 07 -Ora -5 6a6,/12..2 between the San �uan Capistrano city 1init near Route 1 and the San Jatan Caristra.no 01tf limit M1 3':i.ie nnrt i of xabuco Creel", and WHER , S, sUbseqnent to en" eriing into said ..lili a— a3ccr`f'ae r3ent dated. Soptom r 22, 31ci5, the Stzte and the City :.aJc ru- tually ag cad to cert;ayn revis alis of pian, and a --P! .n 5T1ap for Such S°te-wa5L has heretl-i 1 "',� been proc ,- i d zho inlnl- t?'i1 �)I n 07: the State a'43 it r'=' str` :`o of. ;_.�B City, s.Yz,'".'.i:� .^',:i.£�� 72'DVis3t.G�3 for C1OSi.Ta-r:' C:_1;;jr Attachment 4 3 4 5 7 10 11 12 13 1.4 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 streets, for aarryicity streets over or udder or to a con- Re�tiOn with such f-rneway) for relocation of ejty strmkts' rol, Constmation offro�--.ag I Z:*Oa33 and *tl-,nr 100al rrad4,' and UIMIREASs it is V -1a watual dOSIT-e Of the Parties harato to er7te3° into a new .ems?>,�, ,Zp _nt Irl a000rdaaae witil the re- vizc�d plar, ]G± Mid k RAI 17M la ams ­ M�70T' , IT IS AGR aSrt'c WMI-It i$URCv,-,ede3 in Ita entirety said PTevvay zVeMant dated Sept^mber 22, 1965® 2. 7M? MY LM ctansents to the alosIMS of city Stv,cets, relocatIon ooitj str�- 11 - ets, C0MIt�--,ZCUQTI of froi2ta-ga voads and other Io4m! road�, and other conatztAction afreetip,-, city st-Mets, a-1-1 as zhoeri on said plan rap attn-ej,od hepeto B bet'Ween tl: !E - 2 wey as May be required for construction of frontage 3 roads and other local reads, and the construction, re - 4 construction or alteration of city streets, and the 5 City hereby authorizes the State to acquire in Its be - 6 Mali' all Such necessary right of gray, kept that the 7 cost of night Of way required to canst- zct connections 8 of Camino Las Rarublas to the freeway:r will be borne by R the City and the County of Orange. 10 I 5_ Vae Citi' Will accept control and maintenance over 11 ( each of the relocatedcr reconstructed city atreets and 12 the frontage roads and other State constructed .local i 13 roads ora notice to the City Engineer frorl the State that 14 the work thereon has been completed, except as to any i5 Portion thereof which is adopted by the State as a part 16 of the freeway proper. "'he City will also accept title 17 to the portions Of Such reads lying outside the frealray 18 li.nits Upon Veli � 3?gLti8h1Av?1t by the State. 19 6. The grade separations sho*rm on plan map E�LIi33it 73 20 will either be underpasses or overpasses as detailed en - 21 I locality.22 gfneering studies m;aY deter:; ine aa�l best fit the It :is Understood betrlm _q the parties that the right of way 23 may be acq}lired in sections or units and that, both as to 24 i the acquisition of ri 'bt of way and the constructi(,,1 of 25 26 the f'reewa;y projeets, the obligations of State hereunder shall be carried Ott-, a Si7.G:i time and for sash '-.%it or 27 28 units of ttae project as funds are budgeted and raede la - 29 fully available .for such exponditurez. 7m This .�is ag<een�4r<t may be nodi fa ed at any ti��_e by tme 343 mutual consent of the Parties hereto, as may becoLle 1,eces. 31 lI s - v far tl'e best a :� . Y _ ert throng°!-� State and €;l vy 1� l IJ 1 2 3 4 5 6 9 10 36 13 14 15 is 1p7 is 19 20 23 22 23 24 25 2& 27 28 29 30 31 cooperation of the ;ihole freeway project for the bene --it of I the people of the State and of the City. I WI'. IESS i HEREOI?,, the parties hereunto have set their viands and seals the day above first Jaz-itten. .S -:tte of Californi-a Depm--t—nt of Public Works SAMUEL B. NELSON APPRO lit Director of Public 4Torks fid° �/ f J , /v � /�♦ ��i / Deoat, : ir�o�cr JUL '' 1�6$ THE CITY OF SACT JUAN CAPiSTWIT APPROVED AS TO FORM- A muncipal corporation ttorney -4- RESOLUTION NO. 68-3-18-1 A RESOLUTION OF THE CITY COUNCIL OF TTIE CITY OF SAN JUAN CAPISTRANO AUTHORIZING AND DIRECTING THE MAYOR AND CITI' CLERK TO EXLCUTE FREEWAY AGREEMENT 07 -Ora -5 'WHEREAS, Freeway Agreem4eart 07 -Ora -5 6,6/12.2 between the San Juan Capistrano city limit near Routel and the San Juan Capistrano city limit 0.7 mile north of Trabuco Creek has been presented to and has been revieiaed by the City Council of the City of San Juan Capistrano; and � WHEREAS, said City Council finds said Freeway Agreement is satisfactory to the City and that it is in the best interests of the City of San J-uan Capistrano to execute said agreement, NOW, THE-REFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano that it authorize and direct and it does hereby authorize and direct the Mayor and City Clerk to execute on behalf of the City of San Juan Capistrano Freeway Agreement 07-0r---5 6.6/12,2, PASSED, APPROVED and ADOPTED this 18th day of March, 1958. ATTEST, San Juan Capistrano San Juan Capistrano STATE OF CALIFORNIA COUI`ilry OF ORAM-Ess CITY OF SAN JUAN CAPISTT','ANO 1, MNEST A. T110M1PSG!%Z, City Clerk of the City of San Jiian Capistrano, California, hereby certify that the forego"nc' is a tnie and correct copy of a Resolution of the City Ca -'in. il of said City numbered 68-3-18-1, adopted by the City Coij-,cfll on the 1811L day of Ma--vch, 1968, and was so passed and adopted by the follo-witug stated vote, to wit; AYES: DUPNIM-',D, BATEGATH, OLIVAj,F,,S and CHF-'Rk"LAK ME S: RESOLUTION NO. 12-04-17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FREEWAY AGREEMENT 12 - ORA -5 PM 6.8112.6 WHEREAS, San Juan Capistrano Resolution No. 68-3-18-1 approved execution of Caltrans Freeway Agreement 07 -ORA -5 6.6/12.2; and, WHEREAS, reconstruction of the 1-5 & Ortega Highway interchange will change the scope of the said Freeway Agreement; and, WHEREAS, City annexation has changed the limits of said Freeway Agreement, requiring execution of a new Freeway Agreement; and, WHEREAS, California Streets and Highways Code, Section 100.22, requires that the San Juan Capistrano City Council conduct a public hearing prior to entering into said new Freeway Agreement; and, WHEREAS, said City Council finds said new Freeway Agreement is satisfactory to the City and that it is in the best interests of the City of San Juan Capistrano to execute said Freeway Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano that it approves Freeway Agreement 12 -ORA -5 PM 6.8112.6 and authorizes the Mayor to execute said agreement on behalf of the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 17th day of April 2012. LARRY KRAMER, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ITi •'1'7-MI&I AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) as. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on lune 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a We primed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 5, 2012 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: April 52011222 rVN Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Ho ff vueuo xuarw arr or ew+M.x nwsra.x^ mis.nu..wavtoeiwl.^ :°r:ve t.m,lnanww�.o«,�l.e� vro The FeoowryF9mBmoM emon,irt ldiPnnB.p[exe LMb� r mom •.M1® Mwemmt Pe, Gry w.iM1 cen4nue ry�eV". w holo., iam.rlan vw mW con,.n Pl.n orvWd M �9.a19gUt56. IN MR. Mmb µ,SIPMRS'S VaF Ibil., VOW ,�7 ARM d � rrnn zi Ci m n N� v � H 'D D fV z � 0 v u AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) )as. County of Orange ) I am a citizen of the United States and a resident of the Country aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above entitled matter. l am the principal clerk xonw or of the Capistrano Valley News, a newspaper cmw°e�iuui woµO oxo that has been adjudged to be a newspaper ofP. txmce u xuor omx, u,e, .n m. nln be m Aor Aro, m B O] p,M Ip IM CTy Cwncb Chnmbur ]39 W orlaapw,bin„n Glnwr,l". ,h°c,lv M.I^wxl aeap,n� n8 °n Irm Lllewlna. general circulation by the Superior Court of the c°'�a•••a°•r ••M r a. rr«w.y asro•• m.m wxn wm.m i•..eYin. onw.rgwsnw.y.na County of Orange, Stale of California, an June 7, In a•wyulrueel n Vro1jM u 1984, Case No. A-122949 in and for the City of"�bnarbe mem nn n„ey.n bImnrrn mlwmanma'am m'mo=aNn n n�°nr" =°n°enln. °ne np. rt�1. b I IIII..'b San Juan Capistrano, County of Orange, State ofnm salon m eccwnmma mp ;uId 1 io m way PBraemonl nr",egwroe. California; that the notice, of which the annexed m• Reew.y nq„em.,I=.,e,b the I°11.w,nq.po<,n=,Ien�: is a We printed copy, has been published in each mnaer rh'¢ 4,°em ,he c,, will m°Ilnuo Ira mmrm nna cnv.i regular and entire issue of said newspaper and Mn;�:e swine r�'b. oo McnM l"rh"P{Irmmenr,e"e be am°new pIn" n° be Ir—.. r° Ih° CI pr°bade. 1" °na r,°m "nv a°lie rye he:wds nr —.Ibae a I'- 4r°r wmrnlee. v' a,,,"mr°neemnenm not in any supplement thereof on the following me dates, to wit: new n°,eemmd .°.nseaen, ml le emnery. hn nbsmel Irr` Fr"-„°:v :1. so, uly,I `Nn tl°'tIn' y I�`mrn°oiii»' en Cepi tren" x°m °.] mil° Wnh of lr.bu=° C,bak ale CII,, April 5, 2012 Iro'o.°°]-1.-Le'mn.my pmewep ib°ss.1-1,°be h.e in lover.1 �GI.I.-to se, dem vel be y, °ppMune, I° eo euanq eb,b Iver e,,, mmen,nlonnmq, g.—„l°Il,u lrom m°er be eco- a01..0 CWF pr S'W pm, nMmeey, Apra lB, � "I certifyor declare under the penalty ( ) penal of Al2 m ua°° "del.”'". ge"'"," `°°"bene, a dye- eyd C.onOI le e°bmm we n mMr mw,r. r„geee wtl,.mWr. perjury under the laws of the State of California m� � d. v.n m.y eonue wn ce„ele M rN, that the foregoing is we and correct":M.wu l4 bI Mb .091s-cmcrepK PAlbn: are Capi.wm VeNeY Nero Rqi 6. AI2 W65]65 Executed at Santa Ana, Orange County, California, on Date: A f115, 22012 / Nv 2e z ignemre e— 3 Capistrano Valley News i p 625 N. Grand Ave. D n (.o rn Santa Ana, CA 92701 -o m (714)796-2209 ;oI 3 m 2 N O CO Z0'd 71101 a Mier PUB= CM OR SAN MAN CAPfiM MO ==1.1=022.11 O1f CE 4 IIiAIDIf OI ". that an the 17th day of 1.2012, at 600 P.11f N rhe CC C tV Ciro N0.b, Paaep Adelerrio. San Juan Council vrill bald a Dubh hearing on the fdkswirtg: d aVa iiAarde` -tent � �f1Eilafl�r4 awd Reooeasatsdi-w Tho ORo�}o FlKth Kay Q ✓i nn xsMmhig W melon an ao C�u►ar�nNs ooeurtep Qtr at Oq hRard>Ngo N ad• -Non to aetom tlfiae teaRic rr6eds . Oue to w y�ed changesMerrhsrK-a, modfc-bons to the eFr ewsYAttreemant are roau6ed. The Freevray Agrcomsm covers the foQowatp specific items: Urrdpr 1h18 Agreerrsent, the C71y wig oortWue Rs eormol and nI0lrRenanC6 of each of tlta etfe,ted rnloca0sd ar repent fthiCtt#f C•lty sbeetS and r0adS es shown on tfq gran map be Virlened to am doomed free from arw solid a huwds or contaminations by the app or ir, o ludsdictiond authorit" The new Agreement supersedes. in its entirety, the odglnai Freeway ARreemerrt, dated July 1. INS, as R changes the nnoartherly lint of the Freeway within the Cibuoo ty of San Juan lim�gmto 0 9 rrMfroa s0outh at Av7 rule ^°rth oy oParl Ma """k told CpY Those deshtnp to be heard In favor of. orthb Item wall be green an opportuniy to do so�chto fgar- Ing. Widen mforma ion pertaining to this $em must be wD meed to the CRY Clerk by 5;O0 pm.. an Monday. Avg Is. 2012 at 32400 Paseo Adduft. San Juan Cepiatrano, CA 92876. MMlduats duktap to sudnk lets written Inrormo• Ilan d the mae9ng must otally request stich achen. (e 1hather 443 Bi vou may cant-,- Alan Oswald at /sl Maes MOMS PubtSITThe CapistranoVa11WNe jid-5.2M 9re6786 Z0'd ZZ9£ 96L VTL cis -T*. -1 831S I O38 AIMOO 3ONUSO 22:0 ZT@Z-LZ-6bW NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION AUTHORIZED BY: DATE: March 27, 2012 Date of Public Hearing Date notice published Date affidavit received Date notice posted in designated posting places (3) Date of mailing notice to interested parties 0041125000 THURSDAY, APRIL 5, 2012 NOTICE OF PUBLIC HEARING - Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto ISan Juan Capistrano, CA 92675 (949)493-1171 Clerk - 04/17/20122 - 04/05/204-6 - 04/05/2012` - 04/05/2012 >�Cl` U NOTICE OF PUBLIC HEARING CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 17th day of April, 2012, at 6:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project The Ortega Highway and Interstate Five Interchange project 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 required changes to the interchange, modifications to the Freeway Agreement are required. The Freeway Agreement covers the following specific items: Under this Agreement, the City will continue its control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on the plan map attached to the Agreement as long as the new properties to be transferred to the City are deemed free from any soils hazards or contaminations by the appropriate jurisdictional authorities. The new Agreement supersedes, in its entirety, the original Freeway Agreement, dated July 1, 1968, as it changes the northerly limit of the Freeway within the City of San Juan Capistrano from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, April 16, 2012 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact A, I P Pswald at (949) 443-6356. S, CITY FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) W AFFIDAVIT OF POSTING AND PUBLICATION I, MARIA MORRIS, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on April 5, 2012, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on April 5, 2012, the above Notice was published in the Capistrano Valley News newspaper. A / I I declare under penalty of perjury is true and correct. MARIA MORRIS, gITY CL -EI City of San Juan Capistrano, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF MAILING CITY OF SAN JUAN CAPISTRANO ) I, Kristen Lewis, hereby declare that on April 5, 2012, 1 delivered to the Post Office at 32124 Paseo Adelanto, San Juan Capistrano, CA 92693, a postcard to the attached list of recipients. This postcard is a Notice of Public Hearing for a meeting on April 17, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. Dated this 5t" day of April, 2012. K IS N LEWIS, AD I T ATIVE SPECIALIST City of San Juan Capistrano, California Christy Jakl From: Christy Jakl Sent: Tuesday, March 27, 2012 9:44 AM To: 'David Ward' Cc: Maria Morris Subject: Item for Publication - City of SJC (CA 11-001 & Caltrans Fwy Agr) Attachments: 12-0417 Code Amd 11-001.doc; 12-0417 Caltrans Fwy Agr.doc Importance: High Good Morning and Happy Tuesday! Attached are items for publication from the City Clerk's office of the City of San Juan Capistrano. Included in the attachments are the Notice of Transmittal with the appropriate publication date and account number as well as the publication. Please fax the proofs to my attention at (949) 493-1053 for review and approval. Thank you! Christy Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 U Christy Jakl From: Christy Jakl Sent: Tuesday, March 27, 2012 9:40 AM To: Lindsey Mannan Cc: Alan Oswald Subject: RE: PH notice 12-0417 Attachments: 12-0417 PH Caltrans Fwy Agr.pdf Good Morning, Attached is the signed PH notice. Thanks!! Christi J aki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 i (949)493-1053 fax From: Lindsey Mannan Sent: Tuesday, March 27, 2012 8:16 AM To: Christy Jakl Cc: Alan Oswald; Kristen Lewis Subject: PH notice 12-0417 Christy, Here is a PH notice for the below item: Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project Thank you, Lindsey Mannan I Administrative Coordinator of Public Works Dept. I City of San Juan Capistrano I Phone (949) 443.6339 Fax (949) 234.4596 f City of San Juan Capistrano 32400 Paseo Adelanto ' San Juan Capistrano, CA 92675 ., � �'f". :,'�Jt •I LTJ Common Interest Management Co. 3551 Camino Mira Costa "N" San Clemente, CA 92672 PUBLIC HEARING NOTICE PUBLIC WORKS DEPARTMENT PUBLIC HEARING NOTICE City of San Juan Capistrano Dear Resident/Property Owner: NOTICE 1S HEREBY GIVEN, that on the 17th day of April, 2012, at 6:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project The Ortega Highway and Interstate Five Interchange project 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 required changes to the interchange, modifications to the Freeway Agreement are required. The Freeway Agreement covers the following specific items: Under this Agreement, the City will continue its control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on the plan map attached to the Agreement as long as the new properties to be transferred to the City are deemed free from any soils hazards or contaminations by the appropriate jurisdictional authorities. The new Agreement supersedes, in its entirety, the original Freeway Agreement, dated July 1, 1968, as it changes the northerly limit of the Freeway within the City of San Juan Capistrano from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, X, 2001X at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact Alan Oswald at (949) 443-6356. /s/Mada Morris City Clerk PUBLIC HEARING NOTICE `.J City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN, that on the 17th day of April, 2012, at 6:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project The Ortega Highway and Interstate Five Interchange project 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 required changes to the interchange, modifications to the Freeway Agreement are required. The Freeway Agreement covers the following specific items: Under this Agreement, the City will continue its control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on the plan map attached to the Agreement as long as the new properties to be transferred to the City are deemed free from any soils hazards or contaminations by the appropriate jurisdictional authorities. The new Agreement supersedes, in its entirety, the original Freeway Agreement, dated July 1, 1968, as it changes the northerly limit of the Freeway within the City of San Juan Capistrano from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, X, 2001X at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact Alan Oswald at (949) 443-6356. /s/Maria Morris City Clerk PUBLIC HEARING NOTICE City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN, that on the 17th day of April, 2012, at 6:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and Interstate Five Interchange Reconstruction Project The Ortega Highway and Interstate Five Interchange project 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 required changes to the interchange, modifications to the Freeway Agreement are required. The Freeway Agreement covers the following specific items: Under this Agreement, the City will continue its control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on the plan map attached to the Agreement as long as the new properties to be transferred to the City are deemed free from any soils hazards or contaminations by the appropriate jurisdictional authorities. The new Agreement supersedes, in its entirety, the original Freeway Agreement, dated July 1, 1968, as it changes the northerly limit of the Freeway within the City of San Juan Capistrano from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, X, 2001X at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information you may contact Alan Oswald at (949) 443-6356. /s/Maria Morris City Clerk l� NAME ADDRESS CITY/STATE2IP Accell Property Management Laguna Hills, CA 92653 AMMCOR San Clemente, CA 92673 Classic Property Management Irvine, CA 92618-4665 CMC Management Company Brea, CA 92822-0909 CMC Management Company Tustin, CA 92780 co unk- name from CIS Newport Beach, CA 92660 Coastal Resource Management San Juan Capistrano, CA 92675 Common Interest Management Co. San Clemente, CA 92672 Excel Property Management Laguna Hills, CA 92653 Irvine Association Services Irvine, CA 92616 Sycamore Plaza San Juan Capistrano, CA 92675-3620 Keystone Pacific Property Mgmt,lnc. Irvine, CA 92606 Laguna Shores Property Management Mission Viejo, CA 92692 Farella Braun & Martel LLP, Attn: Mark D. Petersen San Francisco, CA 94104 Marbella Golf & Country Club San Juan Capistrano, CA 92675 MRM, LLC Santa Ana, CA 92705 Mission Management Co Mission Viejo, CA 92691 Casas Capistrano Association, Inc. San Juan Capistrano, CA 92693-0082 Los Corrales Homeowners Review Committee San Juan Capistrano, CA 92675 Malaspina Homeowners Association San Juan Capistrano, CA 92675 Mission Glen Homeowners Association San Juan Capistrano, CA 92693-0189 Rancho San Juan Estates San Juan Capistrano, CA 92675 Saddleback Capistrano Homeowners Assoc. San Juan Capistrano, CA 92693-0073 San Juan Hills Community Assoc. San Juan Capistrano, CA 92675 San Juan Hills Community Assoc. San Juan Capistrano, CA 92675 SJHILLS EAST HOA 1 San Juan Capistrano, CA 92675 SJHILLS EAST HOA 2 San Juan Capistrano, CA 92693-0831 SJHILLS EAST HOA 3 San Juan Capistrano, CA 92675 SJHILLS EAST HOA 4 San Juan Capistrano, CA 92675 SJHILLS EAST HOA 5 San Juan Capistrano, CA 92675 SJHILLS EAST HOA 7 San Juan Capistrano, CA 92675 Tierra Del Caballo Homeowners Association San Juan Capistrano, CA 92675 Vista Fuente - Casitas Capistrano III HOA San Juan Capistrano, CA 92675-1672 Verde San Juan Estates Fullerton, CA 92833 Optimum Property Management Tustin, CA 92780 PCM Lake Forest, CA 92630 Progressive Community Management Mission Viejo, CA 92691-6372 S&L Management San Juan Capistrano, CA 92693 San Juan Hills Golf San Juan Capistrano, CA 92675 Sea Breeze Management Co. Aliso Viejo, CA 92656-1423 Total Property Management Irvine, CA 92606 TPMS Santa Ana, CA 92705 Trans Pacific Property Mgmt,lnc. Tustin, CA 92780 TSD Management Orange, CA 92863-4878 TSG Independent San Juan Capistrano, CA 92675 Dana Pacific Management Services Dana Point, CA 92629 William Lyon Property Management Co. San Juan Capistrano, CA 92675 San Juan Hills Community Assoc. #VI West Laguna Niguel, CA 92677 Serra Plaza San Juan Capistrano, CA 92675 Rob Vardon, Capistrano Valley News Lake Forest, CA 92630 GII Reza, Los Angeles Times Costa Mesa, CA 92626-1697 Michael Cornado, The Register Santa Ana, CA 92701 Jonathan Volzke, Capistrano Dispatch Capistrano Beach, CA 92624 Chamber of commerce San Juan Capistrano, CA 92675 Honorable Council Member Laura Freese San Juan Capistrano, CA 92675 Honorable Council Member John Taylor San Juan Capistrano, CA 92675 Honorable Council Member Derek Reeve San Juan Capistrano, CA 92675 Honorable Mayor Sam Allevato San Juan Capistrano, CA 92675 Honorable Mayor Pro Tem Larry Kramer San Juan Capistrano, CA 92675 Matthew Cugini, Chief, Design Branch C and CADD SI Irvine, California 92612-8894 Nooshin Yoosefi, Project Manager Caltrans - District 1; Irvine, California 92612-8894 CT TEOFC (FORMA— ¢I SS.TsA CPoRTO' `N AND NOIISMf. Af.FNCV EDMOM]G nRO"k Governor DEPARTMENT OF TRANSPORTATION District 12 3347 Michelson Drive Suite 100 IRVINE, CA 92612-8894 PHONE (949) 724-2507 FAX(949) 724-2591 ple: }murpoved ( ) Be energy eJfictenH www:dot.ca.gov June 12, 2012 Mr. Jim Ross Acting Public Works Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Ross: 12 -ORA -005 PM 9.3/10.0 12222-OE310 122994-1200000102 Attached is a fully executed copy of the Superseding Freeway Agreement for Interstate 5 in the City of San Juan Capistrano. We would like to thank the City for its assistance in getting this agreement executed. Should you have any questions, please contact me. Sincerely, MATTHEW CUGINI, Chief Design Branch C Enclosure "Colvum Improver mobility a California U 32400 PASEO ADE:L.ANTO SAN JUAN CAPISTRANO. CA 92678 (949) 493.1171 (949) 493-1053 PAx u -nu satyttancapistrano.oig TRANSMITTAL TO: Matthew Q. Cugini, Chief Design Branch C. Department of Transportation District 12 3347 Michelson Drive, Suite 100 Irvine, CA 94612-8894 DATE: April 18, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Freeway Agreement 12 -ORA -5 PM 6.8112.6 MEMBERS OF THE CITY COUNCUL SAW ALLEVATO LAURAFREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR Three (3) original Freeway Agreements 12 -ORA -5 PM 6.8112.6 and two (2) certified copies of Resolution 12-04-17-01 are enclosed. Once final signatures are received, please return 1 original 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 Juan Capistrano: Presewing the Past to Enhance the Future 0 Pouno an 1W% meydo paper 12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route 1 To San Juan Capistrano City Limit 0.3 mile south of Avery Parkway FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of , 20,2 , by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of San Juan Capistrano (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on December 18,1952; and WHEREAS, STATE and County of Orange have entered into a Freeway Agreement dated September 21, 1965 relating to that portion of State Highway Route 5 from the San Juan Capistrano City limit at Trabuco Creek to the Laguna Freeway Route 133; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated July 1, 1968, relating to that portion of State Highway Route 5 from San Juan Capistrano City Limit near Route 1 to San Juan Capistrano City Limit 0.7 mile north of Trabuco Creek; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated September 21, 1965 with the County of Orange; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects roads of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreement, dated July 1, 1968. 2. This Agreement supersedes that portion of said Freeway Agreement dated September 21, 1965 from 0.7 mile north of Trabuco Creek (old City limit) to 0.3 mile south of Avery Parkway. 12 -ORA -5 PM 6.8112.6 From San Juan Capistrano City Limit near Route I ` To San Juan Capistrano City Limit 0.3 mite south of Avery Parkway 3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference. 4. The obligations of STATE and CITY with respect to the funding and conduction of the ficeeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. S. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY roads, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY. 6. It is understood between the parties that the rights of way may be acquired in section or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out of such time and for such unit or units of the project as finds are budgeted and made lawfully available for such expenditures. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by STATE. 8. HM -1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether disturbed or not. HM -2 is -defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed Identified existing H4-1 within the property to be relinquished by STATE is the responsibility of responsible parties identified by the California Department of Environmental Protection or its subdivisions. Should HM -2 be disturbed during construction, STATE will respond in accordance with state and federal law prior to completing the project and relinquishing the property to CITY. 9. CITY will accept the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project once remediation of existing HM -1 by 2 U 12 -ORA -5 PM 6.8/12.6 From San Juan Capistrano City Limit near Route l To San Juan Capistrano City Limit 0.3 mite south of Avery Parkway the identified responsible parties is complete. Upon recordation of the California Transportation Commission's Resolution of Relinquishment in the County Recorder's Office, STATE will not be responsible for any present or future remediation of HM -I or HM -2 on the relinquished property. 14. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to hest accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties, hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation MALCOLM DOUGHERTY Acting Director of Transportation By: TERRY L. ABBOTT Chief Design Engineer APPROVED AS TO FORM: Attorney (State) THE CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: v Attorney (City) ATTEST: � � :jig ; \ . \ , ! } 1 � a ! §�| ) y: .%�. [< x` � CERT5F4ED COPY 4 RESOLUTION NO. 12-04-17-01 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FREEWAY AGREEMENT 12 -ORA -5 PM X6.8/42.6 WHEREAS, San Juan Capistrano Resolution No. 68-3-18-1 approved execution of Caltrans Freeway Agreement 07 -ORA -5 6.6/12:2; and, WHEREAS, reconstruction of the 1-5 & Ortega Highway Interchange will change the scope of the said Freeway Agreement; and, WHEREAS, City annexation has changed the limits of said Freeway Agreement, requiring execution of a new Freeway Agreement; and, WHEREAS,. California Streets and Highways Code, Section 100:22, requires that the San Juan. Capistrano City Council conduct:a public hearing prior to entering into said new Freeway Agreement;, and, WHEREAS, said City Council finds said new Freeway Agreement Is satisfactory to the City and that it is in the best interests of the City of San Juan Capistrano to execute said Freeway Agreement. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano that it approves Freeway Agreement 12 -ORA -5 PM 6.8/12.6 and authorizes the Mayor to execute said agreement on behalf of the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 17th day of April, 2012. RRY KRAMER, MAYOR a STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS,. appointed City Cleric of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12.04.17-01 was duly adopted by the City Council of the City of San; Juan Capistrano at a Regular meeting thereof, held the 17" day of April 2012, by the following vote: AYES: COUNCIL MEMBERS Freese, Reeve, Allevato, Taylor anti Mayor Kramer NOES: COUNCIL MEMEER: None ABSENT CQUNCI4MEMBE. None 4A -MORRIS" -MORRIS 4'91erk 'I r f1 The foregoing instmrnent is P correct copy of the original on foe in I I this office. Attest: 20—Q_ City Clerk of the Cit ;ofan .! �rplst�ro' County of Wes S11 Ito of Colifo a. By: IIONA;M IOUSMGAUF CY DEPARTMENT OF TRANSPORTATION District 12 3347 Michelson Drive, Suftc 100 hvinc, CA 94612-8894 PHONE (949) 724-2507 FAX (949) 724-2591 - March 15, 2012 Mr. Alan Oswald Traffic Engineer Public Works Department City of San Joan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Oswald: FREEWAY AGREEMENT INTERSTATE 5 F!e43rouepm.rd Be energy e�cizm! 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 original 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 Departmnteuldlilu irect the City's attention to Section 100.22 of the Streets and Highways Code, c requires a public heging paor to the execution of this agreement. Additionally, the Departmen equests that the Cityresolution 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. _I C: Nooshin Yoosefi, CT fMo`r ( c5 lot) W w�p`xS Ls rerjUt9-aI 2;ccs�t✓�8 FA�'> • - .. '� - .. a '• . - - ...• - .. .. l Today's Date: 4141, a— CONTRACT TRANSMITTAL CIP No. (if any): �/ Project Manager's Last Name: �.%ward Phone Extension: �3 �t o Council or CRA Meeting Date (if applicable): 12, -C) q APPROVING AUTHORITY: (Check One) Mayor %%%❑ CRA Chair ❑ City Manager ng fly) ey ler :rk 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: 32400 PAszo Aom.ANTO SAN JUAN CAPISTRANO. CA 92878 (949) 493-1171 (949) 493-1083 FAx www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRYNRAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, April 17, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Freeway Agreement with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project'— Item No. E2. 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 16, 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 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-sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Nooshin Yoosefi, Caltrans Project Manager; Matt Cugini, Caltrans Design Project Manager San Juan Capistrano: Preserving the Past to Enhance the Future