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16-0920_BLAS AGUILAR ADOBE FOUNDATION_D12_Agenda ReportTO: FROM: SUBMITTED BY: PREPARED BY: DATE: SUBJECT: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~n Siegel, City Manager Steve May, Public Works and Utilities Director·~ Paul Meshkin, P.E., Senior Civil Enginee~ September 20, 2016 9/20/2016 012 Consideration of an Amendment to the Memorandum of Understanding with the Bias Aguilar Adobe Foundation for the Bias Aguilar Adobe Nature Education Facility Grant Project (CIP 07403) RECOMMENDATION: By motion, approve and authorize the City Manager to execute the First Amendment to the Memorandum of Understanding between the City of San Juan Capistrano and the Bias Aguilar Adobe Foundation for the Bias Aguilar Adobe Nature Education Facility Grant Project, to extend the expiration date from June 30, 2016, to June 30, 2017(CIP 07403). EXECUTIVE SUMMARY: In May 2011, the State of California awarded the City a $498,434 Nature Education Facility (NEF) Grant for repairs to the Bias Aguilar Adobe building, which have been completed, and for certain site improvements, which will be completed later this year. The Bias Aguilar Adobe Foundation offered to provide volunteer services for some of the site improvements, and a Memorandum of Understanding (MOU) was entered into between the Foundation and the City for these volunteer services. The MOU has expired and needs to be extended. Staff recommends that the City Council extend the MOU through June 30, 2017. The proposed amendment is included as Attachment 1. The City Council approved a contract for construction of site improvements on September 6, 2016, and construction will commence in October. The volunteer work by the Foundation will be coordinated with the other site improvement work. In order to ensure adequate time to complete the improvements, it is recommended that the MOU be extended through June 30, 2017. City Council Agenda Report September 20, 2016 Page 2 of 3 FISCAL IMPACT : There are no fiscal impacts by extending the expiration date of the MOU to June 30, 2017. ENVIRONMENTAL IMPACT: The City has complied with all applicable provisions of the California Environmental Quality Act (CEQA), and on May 15, 2012, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring & Reporting Program for the project. However, this action of extending the MOU is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and the action has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW : • On October 21, 2008, the City Council approved a Personal Services Agreement with IS Architecture to prepare the adobe roof and wall repair plans for the proposed project. • On May 18, 2010, the City Council directed staff to submit grant applications to the State of California for funding under the Proposition 84 Nature Education Facilities (NEF) Grant Program including the Bias Aguilar Adobe. • On November 15, 2011, the City Council approved a Personal Services Agreement with RJM Design Group to prepare the development plans for the proposed project. • On February 7, 2012, the City Council approved a Personal Services Agreement with Ed Almanza & Associates for performing the California Environmental Quality Act (CEQA) review of the Bias Aguilar Adobe project. • At its May 15, 2012, meeting, the City Council approved a Mitigated Negative Declaration (MND) for the project and directed staff to assure signage would be provided along the property frontage. The project plans and specifications include the design and location of the sign. • On September 4, 2012, the City Council conditionally approved the preliminary design plans for the Bias Aguilar Adobe property. • On June 14, 2013, the City Council approved the plans and specifications and a Memorandum of Understanding (MOU) with the Bias Aguilar Adobe Foundation City Council Agenda Report September 20, 2016 Page 3 of 3 for the Bias Aguilar Adobe Nature Education Facility (NEF) Grant Project (CIP No. 07403) and authorized staff to receive bids for construction. • On August 4, 2015, the City Council approved Change Order No. 5 in the amount of $34,322 to reroof the Bias Aguilar Adobe for a total contract amount of $200,817 with Mark Sauer Construction Inc. • On October 20, 2015, the City Council approved an amendment to the Memorandum of Understanding (MOU) with the Bias Aguilar Adobe Foundation for the Bias Aguilar Adobe Nature Education Facility (NEF) Grant Project (CIP 07403). • On October 6, 2015, the City Council adopted a Resolution for Notice of Completion for the Bias Aguilar Adobe Restoration Project. • On November 3, 2015, the City Council rejected the bids and authorized staff to re-advertise and receive construction bids for the Bias Aguilar Adobe Site Improvement Project. • On May 3, 2016, the City Council authorized staff to negotiate a contract with the sole responsive bidder, Mark Sauer Construction, Inc. for construction of Phase 2. • On September 6, 2016, the City Council Awarded a Construction Contract for the Bias Aguilar Adobe Site Improvements project to Mark Sauer Construction, Inc. in the amount of $204,133. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Both the Cultural Heritage Commission and the Planning Commission have previously reviewed and recommended City Council approval of the preliminary design plans for the Bias Aguilar Adobe project. NOTIFICATION: Domingo Belardes, Bias Aguilar Adobe Foundation ATTACHMENTS: Attachment 1: First Amendment to Memorandum of Understanding (MOU) for the Bias Aguilar Adobe Nature Education Facility Grant Project FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR THE BLAS AGUILAR ADOBE NATURE EDUCATION FACILITY GRANT PROJECT This FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR The Blas Aguilar Adobe Nature Education Facility (NEF) Grant Project (the "First Amendment") by and among the CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("City") and BLAS AGUILAR ADOBE FOUNDATION, INC., a California non-profit corporation, ("BAAF") is made and entered into, to be deemed effective the 20th day of September, 2016, as follows: RECITALS WHEREAS, City and Licensees entered into a Memorandum of Understanding dated and effective as of October 20, 2015, for the implementation of certain site improvements on the property (the "MOU"). FIRST AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and in the MOU, City and Licensees agree to amend the MOU as follows: 1. Section 2 is amended to read as follows: "2. Term. The "Term" of this MOU shall commence on the Effective Date and shall remain in effect until June 30 , 2017, unless extended or terminated earlier in writing by both Parties." 2. All other provisions of the MOU not amended hereunder shall remain in full force and effect. 3. This First Amendment may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in approving this First Amendment. [SIGNATURES ON NEXT PAGE] ATTACHMENT 1 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the date first set forth above. CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: __ Name: Its: ATTEST: City Clerk APPROVED AS TO FORM: ..... Q~.~~ BLAS AGUILAR ADOBE FOUNDATION, INC. a California nonprofit corporation Byco~.4BF~ Name: 8 o .A:tVL,"/c..r .fob-.:. fa .... .,of.,.l-,•,'1 tts : Pr e.. /( '{ llS Ol&IJI-0002 ~11470 I allllll6 -2-ATTACHMENT 1 Page 2 of2