HomeMy WebLinkAboutCC 4 S.D. CREEK EIR 02-16-88TO:
WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: SAN DIEGO CREEK MASTER PLAN EIR - FUNDING AGREEMENT
(FILE NO. 1273)
RECOMMENDATION:
That the Tustin City Council at their meeting of February 16, 1988
approve the agreement designating the County of Orange as I~ad agency
for the preparation of the San Diego Creek Master Plan EIR and Tustin
as a participating agency for 10% of the total funding, and authorize
the Mayor to execute said agreement._
BACKGROUND:
During the past two years, Tustin has participated in the preparation
of the San Diego Creek Watershed Master Plan of Drainage with the City
of Irvine and the Irvine Company. The County of Orange to date has
been a participating agency with respect to review and evaluation in
this master plan, but to date they have not participated in the funding
of the study.
The master plan study is virtually complete and it has been determined
that an Environmental Impact Report will be required on' the project
(master plan). The County of Orange'has agreed to act as lead agency
for the preparation of all necessary environmental documents as
required by the California Environmental Quality Act of 1979 and to
share in the cost of the EIR preparation.
Funding for this EIR preparation is to be shared as follows:
County of Orange ........ 30%
City of Irvine 30%
Irvine Company 30%
City of Tustin ................. 10%
It is anticipated that the total project cost will not exceed $100,000.
Tustin currently has $12,000 budgeted within the 1987-88 Capital
Improvement Budget for its share.
DISCUSSION:
The attached agreement has been prepared by the County of Orange and
has been reviewed by all parties. The Tustin city Attorney's office
has reviewed and approved this agreement with respect to format.
San Diego Creek Master Plan Agreement
February 16, 1988
Page 2
The agreement is submitted to the City Council for their approval and
authorization for the Mayor to execute the final document~ Once all
the participating agencies have taken an action of approval, a County
of Orange representative will circulate four original copies of the
agreement for execution by each participating agency.
Bob Ledendecker
Director of Public Works/City Engineer
BL/mv
Attach.
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Acjreement
A G R E E M E N T
THIS AGREEMENT, made and entered into this
· 1987.
BY AND BETWEEN
AND
AND
AND
day of
The COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter designated as =COUNTY",
The CITY OF IRVINE, a municipal
corporation, hereinafter referred to as
"IRVINE'w
The CITY OF TUSTIN, a municipal
corporation, hereinafter referred to as
"TUSTIN',
THE IRVINE COMPANY, a Michigan corporation,
hereinafter referred to as "COMPANY'.
WITNES SETH
WHEREAS, COUNTY approved the conceptual San Diego Creek Flood Control Master
Plan prepared by IRVINE, TUSTIN and COMPANY~ and
WHEREAS, COUNTY, IRVINE, TUSTIN a~d COMPANY wish to define areas of
responsibility for the preparation of the environmental impact report for the San
Diego Creek Flood Control Master Plan· hereinafter referred to as PROJECT.
NOW, THEREFORE, IT IS AGPW~.~ by the part'ies as follows:
I. COUNTY SHALL:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
prepare and process all necessary environmental documents required by the California
Environmental Quality Act of 1979 (CEQA) as amended.
B. Be and is hereby designated as Project Planner and Contracting Agent
for the parties to do and perform all things necessary for CEQA compliance.
'C. Be responsible for thirty percent (30%) share~of PROJECT cost.
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.~greement No.
D. Be responsible for conformity with applicable general plan
requirements pursuant to Government Code 65400 et seq.
II. IRVINE SHALL=
A. Be and is hereby designated as a "Responsible Agency= for compliance
with CEQA.
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B. Review for comments by Director of Community Development and
appropriate approval bodies for the PROJECT.
C. Be responsible for thirty percent (30%) share of PROJECT cost.
III. TUSTIN SHALL:
A. Be and is hereby designated as a 'Responsible Agency= for compliance
with CEQA.
the PROJECT.
B. Review for comments by Director of Public Works/City Engineer for
C. Be responsible for ten percent (10%) share of PROJECT cost..
IV. COMPANY SHALL:
A. Review for comments by COMPANY PLANNER and ENGINEER for the PROJECT.
B. Be responsible for thirty percent (30%) share of PROJECT cost.
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V. PAYMENTS AND FINAL ACCOUNTING:
A. After COUNTY receives proposals for P~DJECT, all participating
parties will, upon COUNTY's request, deposit with COUNTY within sixty (60) days, their
shares of PROJECT's cost based on actual proposal price provided that such amount does
not exceed one hundred thousand dollars ($100,000).
B. Within ninety (90) days after the filing of the Notice of Completion
of the Project, COUNTY shall submit to all participating parties for review a Final
Accounting Report for PROJECT.
If said Final Accounting Report shows that the total cost to each
party is less than the amount deposited with COUNTY, COUNTY shall promptly reimburse
'each party the difference between the amount deposit%d and~t~e actual cost. If said"
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Agreement No.
Final Accounting Report shows that the total cost to each party is more than the
amount deposited by each party, each party shall promptly reimburse COUNTY for the
difference between the amount deposited and the actual cost subject to the provisions
of item "C" of Section I, II, and III and item "B" of Section IV. The total cost of
Project shall not exceed one hundred thousand dollars ($100,000).
C. This agreement shall expire on June 30, 1989 unless otherwise
amended by the parties.
IN WITNESS WHEREOF, IRVINE and TUSTIN have caused this agreement to be
executed by th9ir Mayors and attested by their Clerks, COUNTY has caused this
agreement to be executed by the Chairman-of its Board of Supervisors and attested by
its Clerk and COMPANY has caused this Agreement to.be executed by its president all
thereunto duly authorized by the City Council and the Board of Supervisors,
respectively.
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Dated=
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ATTESTs
Clerk of the Council
Dated= , 19
ATTEST=
Dated: , 19
ATTEST:
Clerk of the Council
Dated= , 19
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County· California
CN=jcPE25-18
8021
Agreement No.
CITY OF II~VINE
A municipal corporation
By
Mayor
APPROVED AS TO FORM=
By
City Attorney
THE I RVINE COMPANY
A Michigan corporation
By
Vice Pres[dent
By
Assistant Secretary
CITY OF TUSTIN
A municipal corporation
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
COUNTY OF ORANGE
A political subdivision of the State of
California
By
Chairman, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY· CALIFORNIA
By
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