1992-0128_DANA POINT, CITY OF_AgreementAGREEMENT
THIS AGREEMENT, made and entered into this ski day of
1992, by and between the City of Dana Point, a municipal corporation located in the
County of Orange, State of California (hereinafter referred to as Dana Point) and the City
of San Juan Capistrano, a municipal corporation, (hereinafter designated as San Juan
Capistrano).
WITNESSETH
WHEREAS, San Juan Capistrano and Dana Point both desire to obtain and use a radar
display board in their speed enforcement efforts; and
WHEREAS, both Cities agree that it would be mutually beneficial for the two Cities to
jointly purchase and share use of a radar display board unit (consisting of a radar gun,
speed display board and batteries mounted on a trailer for easy transport and use); and
WHEREAS, the provisions of Title 1, Division 6, Chapter 5, Article 1, of the California
Government Code entitled "Joint Powers Agreements" authorize two or more public
agencies to jointly exercise any power common to the contracting parties.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Dana Point and San Juan Capistrano shall purchase a Model #5901
radar display board unit new from Mobile Traffic Zone, Inc. in Woodland,
California, with 50 percent of the purchase price being paid by each City.
II. The radar enforcement unit will be shared by the two Cities, with each City
to have use of the unit approximately fifteen days per month (including
weekends).
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Each City would have the unit for alternating one-week periods.
III. Specifics regarding maintenance, storage, access to the unit, etc. will be
agreed upon by representatives of the two Cities.
IV. Either party may terminate this agreement for any reason by 90 -day written
notice to the other party. If the agreement is terminated, the party
terminating the agreement will give up all rights of ownership to the unit
and will not be compensated for their initial investment.
V. It is mutually understood and agreed:
(a) That neither Dana Point 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 San Juan Capistrano or in connection with
any work, authority or jurisdiction delegated to San Juan Capistrano under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, San Juan Capistrano shall fully indemnify
and hold Dana Point 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 San Juan Capistrano under this
agreement.
(b) That neither San Juan Capistrano 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 Dana Point or in connection with
any work, authority or jurisdiction delegated to Dana Point under this
agreement. It is also understood and agreed that, pursuant to Government
Code Section 895.4, Dana Point shall fully indemnify and hold San Juan
Capistrano 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 Dana Point or in connection with any work, authority
or jurisdiction delegated to San Juan Capistrano under this agreement.
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IN WITNESS WHEREOF, Dana Point has caused this agreement to be executed by its
Mayor, and attested by its Clerk, and San Juan Capistrano has caused this agreement to
be executed by its Mayor and attested by its Clerk, all thereunto duly authorized by
action of the respective City Councils.
Dated:_ 192.4� a� 19�
ATTEST:
CITY OF DANA POINT
a municipal corporation.
i
By
MICR EL E GERS A
KATHERINE M. HOLLLYWOOD, CITY CLERK
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO
w a municipal corporation.
,V1
JE M. PATTERSON, CITY ATTORNEY
Dated: February 18 19_92 B
MAYOR
ATTEST:
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February 21, 1992
Mrs. Kathy Hollyw000d, City Clerk
City of Dana Point
33282 Golden Lantern
Dana Point, California 92629
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
GARY L HAUSOORFER
GIL JONES
JEFFVASOUEZ
CITY MANAGER
STEPHEN B JULIAN
Re: Radar Display Board
Dear Kathy:
At their regular meeting held February l8, L992, the City Council of the City of
San Juan Capistrano approved the agreement with the City of Dana Point to share
in the purchase and use of a radar display board.
Enclosed for your files is a fully -executed copy of the agreement.
Very truly yours,
Cheryl John n
City Clerk
Enclosure
cc: Assistant City Manager
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
i
Councilman Hausdorfer felt that accepting the dedication of
park land in lieu of a fee was justified, despite the City's
financial condition, because of the City's commitment to
providing open space.
Aggeptance of Park Land Dedication:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the reserved rights
and privileges provisions of the quitclaim deed be found
acceptable and that the $1,000 required for the Title Policy
be paid by Glenfed. Staff was directed to submit final
documents for the acceptance of the quitclaim deed for
approval at the March 3, 1992, meeting.
—�j 4. A REEMENT WITH THE CITY OF DANA POINT TO SHARE IN THE
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written Communication: J
Report dated February 18, 1992, from the Assistant City
Manager, recommending that the Cities of Dana Point and San
Juan Capistrano share in the cost of purchasing a $7,600
radar display board, to be shared and paid for equally, as
a cost-effective tool in helping to reduce vehicle speeds.
The City of Dana Point approved the joint purchase in January
1992.
Approval of Joint Purchase and Use of a Radar Display
Board:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Mayor be authorized
to execute the agreement with the City of Dana Point for the
joint purchase and use of a radar display board. The cost
to each City will be approximately $3,800; City funds were
included in mid -year adjustments.
5. REVISED 1991-92 OPERATING AND CAPITAL IMPROVEMENT BUDGET
(330.20/330.40)
Written Communication:
Report dated February 18, 1992, from the Assistant City
Manager, forwarding a mid -year review of the Operating Budget
and Capital Improvement Program and summarizing the
reductions proposed by City departments.
Mr. Scarborough made an oral presentation.
AAVproval of Revised 1991-92 Operating and Capital
Improvement Budget:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
-8-
2/18/92
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AGENDA ITEM February 14, 1992
TO: Stephen B. Julian, City Manager
FROM: George Scarborough, City Manager
SUBJECT: Agreement With The City Of Dana Point to Share In The
Purchase And Use Of A Radar Display Board
Authorize the Mayor to sign the agreement with the City of Dana
Point to share in the purchase and use of a radar display board.
SITUATION:
The radar display board reminds drivers what the posted speed limit
is and displays in bright, lighted numbers what the drivers present
speed is. The radar display board is a relatively inexpensive and
cost effective tool for speed control. Many Cities and Counties
have used radar display boards with success in reducing speeds.
The Cities of Laguna Niguel and Mission Viejo are presently using
radar display boards with success.
The radar display board is on a trailer and can be located and set
up by one man in ten minutes. Once set up it functions
autonomously. The radar board is solar powered and requires
minimal maintenance.
It is proposed that the City of Dana Point and the City of San Juan
Capistrano share in the purchase and use of a radar display board.
The Cities would share equally the $7,600 purchase price and each
City would have use of the display board 50% of the time usually
on alternating one week periods.
The City Council of Dana Point approved the sharing of the Radar
Display Board at their second Council meeting in January.
COMMISSION/BOARD REVIEW 4 RECOMMENDATIONS:
Not applicable.
The cost to the City of San Juan Capistrano is approximately
$3,800. The funds for the radar display board have been included
in the proposed mid -year budget adjustment.
FOR CITY COUNCIL AGENIS (�y I J_
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PUBLIC NOTIFICATION:
Not applicable.
ALTERNATE ACTIONS:
1. Authorize the Mayor to sign the agreement with the City of
Dana Point to share in the purchase and use of a radar display
board.
2. Request additional information.
3. Decline to participate with Dana Point in the purchase of a
radar display board.
RECOMMENDATION•
Authorize the Mayor to sign the agreement with the City of Dana
Point to share in the purchase and use of a radar display board.
submitted,
City Manager
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