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1989-0404_MISSION VIEJO , CITY OF_AgreementAGREEMENT 0 (TRAFFIC SIGNAL SYSTEM - VIA ESCOLAR/RANCHO VIEJO ROAD/MARGUERITE PARKWAY) THIS AGREEMENT is made this 4th day of Aril 1989, by and between the City of San Juan Capistrano, hereinafter referred to as "City I", and the City of Mission Viejo, hereinafter referred to as "City II". WITNESSETH Whereas, City I and City II desire to construct a traffic signal system which is to be located in an area (Via Escolar & Rancho Viejo Road) under the jurisdiction of both Cities I and II; and Whereas, Cities I and II desire to mutually share in the cost of construction and maintenance of said traffic signal system, NOW, THEREFORE, BE IT MUTUALLY AGREED between Cities I and II as follows: 1. Shared Cost of Design and Construction. Cities I and II agree to mutually share, on a fifty-fifty basis, the cost of construction of a traffic signal system at the location of Via Escolar and Rancho Viejo Road. It is anticipated that the total cost of the design and construction of said system shall be approximately $120,000.00. 2. Contract Administration. City I shall be responsible for contract administration, including the arranging for the design, preparation of specifications, bid procedure, and public works administration for the buildout of the traffic signal system. City I may bill City II on a monthly or quarterly basis for one-half of the costs incurred as the project progresses. City II shall be given the opportunity to review and approve the designs and specifications for the signal system. 3. Traffic Si nal Controller Cabinet. The traffic signal controller cabinet shall be located at the southeast corner of the intersection to facilitate the location of a potential City II monument at either the northeast or northwest corner of the intersection. 4. Timeframe for Completion. Upon execution of this Agreement, the parties agree that City I shall strive to meet the timetable goal of having the traffic signal system in operation by September 1989. 5. Maintenance and Repair City I shall be responsible for the day-to-day maintenance and repair of the traffic system and City II shall contribute fifty percent (50%) toward the costs ` 10 0 incurred in the maintenance, including utility cost, of said system. City I shall bill City II on an annual basis for the maintenance and utility costs. 6. Indemnification. The parties to this Agreement shall equally share responsibility and costs for any and all claims, liability or related defense costs, including attorney fees, arising out of the performance of this Agreement by either party. After consultation with City II, City I shall employ any legal counsel deemed necessary to defend and action arising out of this Agreement. 7. Mutual C ation Re d' ation of S' nal. Upon construction of the traffic signal system, City I shall cooperate with City II in establishing the daily operation of the signal. Both parties anticipate that the traffic signal system will periodically malfunction. Accordingly, City I agrees to cooperate with City II in receiving technical input from City II as to appropriate technical adjustments that should be made so as to promote the most efficient operation of the system for both cities. APPROVED AS TO FORM: By - Joh R. Shaw City Attorney APPROVED AS TO FORM: By F FIS Scott F. Field City Attorney ATTEST: City 1 !c City of Mission Viejo CITY OF SAN JUAN CAPISTRANO BY Z�— qGaL. Hausdorfer,Ma or CITY OF MISSION VIEJO ATTEST: City Clerk City of San Juan Capistrano Written Communication: Report dated April 4, 1989, from the City Manager forwarding the proposed agreement with the City of Mission Viejo for the construction of a traffic signal system at the intersection of Via Escolar and Rancho Viejo Road in an effort to provide a higher level of safety and improved traffic flow through both communities. This first joint project with the City of Mission Viejo is scheduled for completion prior to the opening of the fall school season. Funds are budgeted in the 1992-93 Capital Improvement Budget, and a budget appropriation will be made when the plans and specifications are approved by the City Council. Mayor Hausdorfer expressed the City's appreciation to the City of Mission Viejo for its cooperation on this project. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the agreement with the City of Mission Viejo for the construction of a traffic signal system at the corner of Via Escolar and Rancho Viejo Road be approved. 5. REQUEST FOR FUNDS FOR INTERNATIONAL CHEERLEADING COMPETITION (CAPISTRANO VALLEY HIGH SCHOOL) (515.80) Written Communication: Report dated April 4, 1989, from the Senior Management Assistant regarding a request from the Capistrano Valley High School Cheerleading and Songleading Squads for financial assistance to compete at an International Cheerleading Competition to be held in Chicago on April 7 through April 9, 1989. The City's contribution would amount to $330, representing $10 for each member. Approval of Contribution: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried that funding in the amount of $330 for the Cheerleading and Songleading Squads of Capistrano Valley High School for their International Cheerleading Competition be approved. -7- 4/4/89 E CITY OF MISSION VIEJO April 21, 1989 Mary Ann Hanover, CMC City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: TRAFFIC SIGNAL AGREEMENT - RANCHO VIEJO ROAD AND MARGUERITE PARKWAY/VIA ESCOLAR Dear Ms. Hanover: Enclosed please find one fully executed copy of the above named agreement for your files. Sincerely, 4-W Ivy J. Zobel City Clerk IJZ/bg Enclosure William Craycraft Mayor Christian Keena Mayor Pro Tem Robert A. Curtis Councilman Victoria C. Jaffe Councilwoman Norman P. Murray Councilman 26522 LA ALAMEDA • SUITE 190 • MISSION VIEJO, CALIFORNIA 92691 • (714) 582 -CITY v N G A .9 N ^., Ar- C7� CG 26522 LA ALAMEDA • SUITE 190 • MISSION VIEJO, CALIFORNIA 92691 • (714) 582 -CITY y � 1 'i N 0 1111 � T Io nnunxl, 1961 1776 April 7, 1989 Ivy Zobel, City Clerk City of Mission Viejo 26522 La Alameda, Suite 190 Mission Viejo, California 92691 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARYL. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Agreement for Traffic Signal Installation - Via EscolarAgreement for Traffic Signal Installation - Via Escolar/Marguerite Parkway Dear Ivy: At their regular meeting held April 4, 1989, the City Council of the City of San Juan Capistrano approved the Agreement between the cities of San Juan Capistrano and Mission Viejo for construction and maintenance of a traffic signal system at Via Escolar and Rancho Viejo Road/Marguerite Parkway. Enclosed are two copies of the Agreement executed by our City Council. Upon signing by your City Council, please return one fully -executed copy to my office. Thank you for your cooperation. Very truly yours, Mary Ann nover, CMC City Clerk MAH/cj Enclosure cc: City Manager 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 AGENDA ITEM April 4, 1989 TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager SUBJECT: Agreement with the City of Mission Viejo for Traffic Signal at the Intersection of Via Escolar and Rancho Viejo Road SITUATION• Over the past several years, the City of San Juan Capistrano has sought a traffic signal system at the intersection of Via Escolar and Rancho Viejo Road in an effort to provide a higher level of safety and improved traffic flow through our community. During this period the City has attempted to have this improvement undertaken with the County of Orange. However, the fact that this is not been undertaken until this point in time is indicative of the County's sense of priorities and their unwillingness to move this project forward. With the incorporation of the City of Mission Viejo, City staff contacted their City in an effort to move this project forward and agreed to a commitment that this intersection impacts both cities and that any improvement would be greatly appreciated by the residents of both Mission Viejo and San Juan Capistrano. Therefore, it is with great pleasure that I present to you an agreement with the City of Mission Viejo which they approved at their last City Council meeting to construct a traffic signal system with a projected completion date prior to the opening of the fall school season. It is recommended that the City Council adopt the agreement and direct staff to work closely with the City of Mission Viejo to insure the completion of this project. COMMISSION/BOARD REVIEW be RECOMMENDATIONS: This project has been reviewed and approved by the necessary commissions and boards as part of the NuWest development. FINANCIAL CONSIDERATIONS: This project is budgeted in the 1992-93 Capital Improvement Budget. A budget appropriation will be made when the plans and specifications are approved by the City Council. NOTIFICATION: City of Mission Viejo. FOR CITY COUNCIL AGEND J A � • Agenda Item -2- April 4, 1989 ALTERNATE ACTIONS: 1. Approve the agreement with the City of Mission Viejo to construct a traffic signal system at the corner of Via Escolar and Rancho Viejo Road. 2. Take no action at this time. 3. Request further information. RECOMMENDATION: Approve the agreement with the City of Mission Viejo to construct a traffic signal system at the corner of Via Escolar and Rancho Viejo Road. Respectfully submit ephen B. Julia City Manager SBJ:dh Attachment