Resolution Number 92-7-21-2i y SW V'
y i
RESOLUTION NO. 92-7-21-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AND
AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE
AGREEMENT BETWEEN THE CITY AND THE STATE OF
CALIFORNIA TO EXPAND THE PARK AND RIDE FACILITY AT I-5
AND JUNIPERO SERRA
WHEREAS, the State of California, acting by and trough its Department of
Transportation (Caltrans), will prepare plans, fund, construct and maintain the facility;
and,
WHEREAS, the City wishes to promote improvements which will reduce traffic
and improve air quality.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. Agrees that, commencing as of the date of adoption of this Resolution
and Cooperative Agreement, substantially in the form attached hereto as
Exhibit "A", the City will honor the commitments therein.
2. The Mayor of the City of San Juan Capistrano is authorized to sign the
Cooperative Agreement attached hereto as Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 21st day
of July , 1992.
C— SIL S, MAYOR
ATTEST:
-1-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 92-7-21-2 adopted by the City Council of the City San Juan
Cst
apistrano California, at a regular meeting thereof held on the da
of Judy , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
JOUNSOD4,�
-2-
0 re
EXHIBIT A
12 -ORA -5 10.9
Park and Ride Lot on Route 5
and Junipero Serra Road
12216-014501
District Agreement No. 12-152
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , 1992,
is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF SAN JUAN CAPISTRANO, a
body politic and a municipal
corporation of the State of
California, referred to herein
as CITY.
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District Agreement No. 12-152
1. STATE and CITY, pursuant to Streets and Highways Code
Section 146.5, are authorized to enter a Cooperative
Agreement for construction of parking facilities along
State highway.
2. STATE and CITY desire a Park and Ride facility on
Interstate Route 5 at Junipero Serra Road in the City of
San Juan Capistrano; Said facility is referred to herein
as PROJECT as shown on EXHIBIT A.
3. STATE and CITY wish to define the specific
responsibilities, terms and conditions for the funding,
preliminary development, plans, specifications and
estimates (PS&E) preparation, right-of-way,
construction, plant establishment, operation and
maintenance of PROJECT.
STATE AGREES:
1. To prepare plans, specifications, and estimates
(PSiE), advertise, award and administer a contract; and
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2.
3.
4.
District Agreement No. 12-152
construct, establish planting, and operate PROJECT at
STATE's expense (See Exhibit B).
To certify legal and physical control of right-of-way
in accordance with applicable State and Federal laws
and regulations, prior to the advertisement for bids
for construction of PROJECT.
To investigate and mitigate any unknown hazardous
materialslunderground tanks discovered during
construction that may impact PROJECT.
To reimburse CITY for providing maintenance for the
Junipero Serra Park and Ride Facility (and the existing
STATE Park and Ride Facility at Junipero Serra Road)
after acceptance of the contract. A Maintenance
Agreement outlining maintenance requirements and
responsibilities will be prepared and executed by STATE
and CITY.
5. To install parking regulatory signs provided by CITY at
the PROJECT site and at the existing Park and Ride
Facility on Junipero Serra Road.
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District Agreement No. 12-152
To impose a maximum parking limit of 24 consecutive
hours for all vehicles except van pool vehicles.
CITY AGREES:
1. By City Council Resolution to transfer to STATE fee
title to the CITY -owned property (Parcel No. 100400)
necessary for the proposed Park and Ride Facility (SOO
Exhibits B and C).
2. To issue, at no coat (in accordance with Section 6103.6
of the Government Code) to STATE upon proper
application by STATE, the necessary encroachment permit
to STATE, and to issue, upon proper application and
permit fees deposited by STATE's contractor, the
necessary encroachment permits to STATE's contractor
for required work on the CITY's local streets.
3. To maintain, at STATE's cost, the Park and Ride
Facility (including the existing Park and Ride Facility
on Junipero Serra Road), as referred to in Section I,
Article 4 of this AGREEMENT.
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District Agreement No. 12-152
4. To allow highway signs where required, furnished and
erected by STATE, on CITY right-of-way directing
motorists to the Park and Ride Facility.
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 and the allocation of resources by
the California Transportation Commission.
2. STATE shall be the Lead Agency and Will provide the
necessary environmental clearance.
3. STATE and CITY concur that PROJECT is a Category 6,
•Standard Highway Planting Project" as defined in
STATE's Project Development Procedure Manual.
4. Neither STATE, nor any officer or employee thereof,
shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be
done by CITY in connection with any work, authority or
jurisdiction delegated to CITY under this AGREEMENT.
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District Agreement No. 12-152
It is also understood and agreed that pursuant to
Government Code Section 895.4, CITY shall fully defend,
indemnify and save harmless the State of California,
all officers and employees, from all claims, suits and
actions of every name, kind and description brought for
or on account of injuries to or death of, any person or
damage to property resulting from anything done or
omitted to be done by CITY in connection with any work,
authority or jurisdiction delegated to CITY under this
AGREEMENT.
5. Neither CITY, nor any officer or employee thereof,
shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be
done by STATE in connection with any work, authority or
jurisdiction delegated to STATE under this AGREEMENT.
It is also understood and agreed that pursuant to
Government Code Section 895.4, STATE shall fully
defend, indemnify and hold the CITY harmless, all
officers and employees from all claims, suits and
actions of every name, kind and description brought for
or on account of injuries or death of any person or
damage to property resulting from anything done or
omitted to be done by STATE in connection with any
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District Agreement No. 12-152
work, authority or jurisdiction delegated to STATE
under this AGREEMENT.
6. This AGREEMENT shall terminate upon completion and
acceptance of the construction contract by STATE or on
July 1, 1993, whichever is earlier in time except
liability clauses and maintenance of PROJECT referred
to in Article 3 of Section 11 above shall remain in
effect until terminated in writing by STATE and CITY.
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District Agreement No. 12-152
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by
their duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
By:
WALT H. HAGEN
Chief Deputy District Director
APPROVED AS TO FORM AND PROCEDURE
By:
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE
By:
District 12 Accounting
Administrator
a
CITY ON SAN JUAN CAPISTRANO
By: _
OIL JONES
Mayor
ATTEST
By:
City Clark
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District Agreement No. 12-152
ESTIMATE OF COSTS
D s noon Total Cost City's Share State's Shares
PSiE (Design) $25,000 ---- $25,000
Right -of -Flay ---- *$1,000 ----
Construction/ $150,000 ---- $150,000
Plant Establishment
Construction $33,000 ---- $33,000
Management Services
Total $208,000 *$1,000 $208,000
* A nominal value was established on the City's donation of
property (Parcel 0100400) - however, no actual funis are
involved.
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ORANGE COUNTY
LOCATION NAP
Showing the Subject Property
in Relation to Orange County.
Scale: 1" - 6 Ni.
COUNTY
EXHIBIT A
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COUNTY `I
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ORANGE COUNTY
LOCATION NAP
Showing the Subject Property
in Relation to Orange County.
Scale: 1" - 6 Ni.
COUNTY
EXHIBIT A
District Agreement No. 12-152
ESTIMATE OF COSTS
Description Total Cost City's Share State's Share
PS&E (Design) $25,000 ---- $25,000
Right -of -Way ---- *$1,000 ----
Construction/ $150,000 ---- $150,000
Plant Establishment
Construction $33,000 ---- $33,000
Management Services
Total $208,000 *$1,000 $208,000
* A nominal value was established on the City's donation of
property (Parcel #100400) - however, no actual funds are
involved.
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