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1976-1214_ORANGE, COUNTY OF_Agreement (2)D76-030 � • �{� AGREEMENT Del Obispo Street/Blue Fin Drive Traffic Signal THIS AGREEMENT, made and entered into this /qday of Ch/ 1976 BY AND BETWEEN a CITY OF SAN JUAN CAPISTRANO a mui:icipal corporation hereinafter designated as "CITY", and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." WITNESSETH: WHEREAS, a considerable volume of traffic presently exists and is progressively increasing at the intersection of Del Obispo Street and Blue Fin Drive; and WHEREAS, CITY and COUNTY have determined that a traffic signal and highway lighting system at the intersectio.. of Del Obispo Street and Blue Fin Drive is warranted for the safe and orderly movement of traffic; and WHEREAS, CITY and COUNTY contemplate the joint installation of a traffic signal and highway lighting system at said intersection, which is partially within the boundaries of the City of San Juan Capistrano and within unincorporated County area, hereinafter referred to as the "Project", and wish to specify the proportionate share of the costs that are to be borne by CITY and COUNTY and provide for maintenance following completion of the Project. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. The traffic signal shall include a Type 60, 2 Phase Controller with fully actuated operation. II. CITY shall: A. Be and is hereby designated as the "Lead Agency" for this R project and shall propose and process all necessary environ- mental documents pursuant to the Guidelines for Implementation of the California Environmental Quality Act of 1970 as amended and dated December 17, 1973. B. Prepare or cause to be prepared the detailed plans, specifications and estimate for the Project and submit to t D75-030 • • Assistant Director, EMA-Development for review and approval. C. Be and is hereby designated as the contracting and con- struction agent for the parties to do and perform all acts necessary or required in order to construct the Project in accordance with the plans and specifications, including material control, inspection of the construction work and to execute and deliver all documents required in connection with the construction and completion of said Project, includ- ing Certificate of Cost and Certificate of Completion of Project. D. During the period of construction, have jurisdiction of the construction area at the intersection within COUNTY. E. After approval from the Assistant Director, EMA-Development, proceed to advertise for bids for the Project pursuant to the public bid requirements of the City Code and upon receipt of bids acceptable to the CITY and COUNTY, shall award a contract. F. Maintain and operate said traffic signal and highway lighting system upon completion as defined by paragraph VIII, Section A, hereof. III. COUNTY shall: A. Review and approve plans and specifications prepared by CITY per Section IIB above, as to design and construction features affecting the construction operation and maintenance of the Project within COUNTY. B. At all time during the progress of construction of the Project have access to the work for the purpose of inspection thereof and should COUNTY deem any remedial measures to be necessary, COUNTY shall notify CITY thereof. C. Reimburse CITY for its proportionate share of the Project cost as defined by paragraphs IV, V, and VI. IV. The cost to COUNTY is presently estimated to be $17,500, including administration, design, construction engineering and inspection charges. V. Upon completion of the Project, COUNTY's share of the costs for the installation of traffic signals and intersection lighting shall -2- D76-030 • • be based on the actual construction cost for the Project, and be in the ratio of the number of traffic legs of the intersection lying within COUNTY to the total number of legs entering the intersection, as the COUNTY -CITY limits exist at the time CITY advertises the contract for the Project. As of the date of this Agreement, said COUNTY share is considered to be one-half (1/2) of the actual con- . strucLion cost for the traffic signal and intersection lighting at the intersection of Del Obispo Street and Blue Fin Drive, on the fact that two legs of the intersection presently lie within the COUNTY and two legs of the intersection lie within CITY area. VI. COUNTY's share of design, survey and construction engineer- ing costs shall be the actual costs accrued to the COUNTY portion based on the percentage of the total contract unit costs billed to COUNTY. VII. (Upon completion of the Project, CITY agrees to submit full, true and correct copies of documents, certificates and itemized bills to COUNTY, and COUNTY shall reimburse CITY within sixty (60) days upon submission of statement of such costs for the COUNTY portion of the construction as defined by paragraphs V and VI hereof. Such bills shall be based upon actual contract bid prices. VIII. It is mutually agreed by the parties hereto that; A. CITY shall maintain said traffic signal installation. B. The maintenance and operational costs for said traffic signal and intersection lighting installation shall be borne by the parties hereto in accordance with the terms of the traffic signal and highway lighting maintenance agreement No. n76-037 C. That neither COUNTY 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 under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.41 CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY raider this agreement. -3- D76-030 • • D. That 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 COUNTY under or in connection with any work, authority or juris- diction not delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code; Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attest by its Clerk, and COUNTY has caused this agree- ment to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Order of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF SAN JUAN CAPISTRANO a municipal corporation Dated: 11-3-76 By: 4ayor ATTEST: Jerk of- he Council COUNTY OF ORANGE a political subdivision of the State of California Dated: /A-1N--fil By: AMS T: JiJNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRI KUYPER, COUNTY COUNSEL ORANGEUNTCALIFORNIA By ��)�/ .rte 1-II-7� APPROVED A TO FORM: ��- City Attorney -4- D76-017 A 4H • 0 p ffi am C4 0 ba 0 0 93 d 4a Go ca 4� 93 r. 12 co M -P a CH m r. 41 0 0 a 7m ba A m6 w$4 4J be 0 Pq -C Cd P4 J 4 0 cl d Pk A Cd 14 0 PQ 0 .1.4 4� 4J • 4H 0 Cd 0 cs th A P 0 44 0 Cd 93 +) C43 U to 0 04 m rl cd 0 •. 3. Approve the proposed specifications and call for bids but include an announcement that the City is participating in a feasibility study with the School District and all bids may be rejected. 3. TRAFFIC SIGNAL INSTALLATION, DEL OBISPO STREET AT BLUE FIN DRIVE - AWARD OF CONTILLCT (82) Council received copies of a report dated January 19, 1977, from the Director of Public Works forwarding the results of bids opened on January 18, 1977, for the installation of a traffic signal at the intersection of Del Obispo Street and Blue Fin Drive. The City Engineer's estimate of the coopera- tive City -County project is in the amount of $35,000; funds are included in the 1976-77 Capital Projects budget, Gas Tax Fund 2106. It was moved by Mayor Nash, seconded by Councilman Sweeney and unanimously carried to award the contract for the traffic signal installation at Del Obispo Street and Blue Fin Drive to the low bidder, C.T. , F., Inc. of Bell Gardens, In the amount of $27,909 and to reject all other bids received; to authorize the Mayor to execute the contract documents on behalf of the City and the City Clerk to attest thereto. CONTRACT PARK MAINTENANCE FOR JUNIPERO SERRA AND EL CAMINO REAL PARKS - AWARD OF CONTRACT (62) Council received copies of n report dated January 19, 1977, from the Director of Public Works forwarding the results of bids received on January 5, 1977, for the maintenance of Junipero Serra and El Camino Real Parks and copies of a pro- posed Agreement for Local Park and Related Landscape Maintenance. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to award the contract to the sole bidder, Toyo Landscaping Company of Santa Ana, in the amount of $1,188 per month for both Parks; to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. The Agreement is for a one year period of time. MAJOR IMPROVEMENTS OF STREETS AND SIDEWALKS - AWARD OF CONTRACT (83) Council received copies of a report dated January 19, 1977, from the Director of Public Works forwarding the results of bids received on January 7, 1977, for Major Improvements of Streets and Sidewalks. The City Engineer's estimate of the project is S38,951.10; funds are included in the 1976-77 fiscal budget. California First Bank has agreed to reimburse the City the sum of $12,099.15 for that portion of the sidewalk removal and reconstruction on their property at the intersection of Camino Capistrano and Del Obispo Street; additional right-of- way has also been granted by the Bank. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to accept the Easement Deeds from California First Bank; to accept the low bid submitted by T.J. Crosby Company of Irvine in the total amount of $31,328.60 and to reject all other bids received; to authorize the Mayor to execute the Agreement with California First Bank and the contract on behalf of the City, and the City Clerk to attest thereto. -3- 1/19/77 6. HISTORIC PRESERVATION GRANT APPLICATION PARRA ADOBE (23) Council received copies of a report dated January 19, 1977, from Pamela Hallan, Administrative Aide, requesting approval of an application for historic Preservation Act matching grant funds in the amount of $1,500 for the purpose of hiring a consultant to prepare plans and specifications for the restor- ation of the Parra adobe. The Adobe has been nominated to the National Register of Historic Places and will become City property in the near future. It was moved by Councilman Sweeney and seconded by Councilman Heckscher that the following Resolution, being: RESOLUTION NO. 77-1-19-2, PARKA ADOBE PRESERVATION GRANT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTILANG, CALIFORNIA, APPROVING TILE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE PARKA ADOBE PROJECT be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None PUBLIC HEARINGS 1. REZONE 76-11, TENTATIVE TRACT 9284, AND ENVIRONMENTAL IMPACT REPORT (SMITH/KING) (85) Council received copies of a report dated January 19, 1977, from the Director of Planning forwarding the recommendation made by the Planning Commission at their meeting of January 11, 1977, that the Environmental Impact Report be accepted and that Rezone 76-11 and Tentative Tract 9284 be denied. The proposal is for a subdivision of approximately 17.5 acres into 22 residential lots and a zone change from Growth Management to Single Family for property located south of Camino Las Ramblas adjacent to the southerly City limits between Calle Adalucia and Via Manzana. The applicant is Chuck King homes, Inc., 26944 Camino de Estrella, Suite B, Capistrano Beach. Exhibits were on display for Council consideration. The Planning Commission recommendation of denial is based on the following considerations: 1. The project would modify a protected ridgeline, alter a hillside area, eliminate rangeland, and introduce residential development into a permanent open space area in which development was intended to be restricted and which is in violation of the City's General Plan; 2. The circulation is inadequate and consideration should be given to reviewing the master plan to provide adequate circulation in the area. The Director of Planning advised that the proposed development has created controversy over the use of City of San Clemente streets, but permission has been granted to tie into the street system on the condition that the subdivision be designed to provide 2 Cul-de-sac streets, that plane be reviewed by the -4- 1/19/77 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 14, 1976 IN RE: ADMINSTRATION AGREEMENT AHFP PROJECT NO. 794 HARBOR BOULEVARD CITY OF FULLERTON On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement, dated December 14, 1976, between the County of Orange and the City of Fullerton, for construction on Harbor Boulevard between Orangethorpe Avenue and Valencia Drive, Project No. 794. IN RE: AGREEMENTS INSTALLATION OF TRAFFIC SIGNALS AT INTERSECTION OF DEL OBISPO STREET AND BLUE FIN DRIVE CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreements, dated December 14, 1976, between the County of Orange and the City of San Juan Capistrano, providing for the installation and maintenance of a traffic signal at the intersection of Del Obispo Street and Blue Fin Drive as recommended by the Director of EMA in his letter dated December 14, 19; IN RE: ADMINISTRATION AGREEMENT AHFP PROJECT NO. 703 MANSION AVENUE CITY OF HUNTINGTON BEACH On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement, dated December 14, 1976, between the County of Orange and the City of Huntington Beach, for construction on Mansion Avenue between 360 feet eas� of Main Street and Whitesands Drive, Project No. 703. 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