1976-1214_ORANGE, COUNTY OF_Agreement0
H. G. OSSORNE
DIRECTOR
C.R.NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
O F
RECEIVED
JAN 3 2 13 PH '17
GE CITY OF
ENVIRONMENTAL MANAGEMENT Ar WcV. -1UAH TELEPHONE! F3{-
2900
DEVELOPMENT DIVISION C A p I S T I` A I AREA CODE 714
400 CIVIC CENTER DRIVE WEST MAILIN9 ADDRESS
SANTA ANA, CA. P.C. 4DE IOTS
SANTA ANA, CA. 92702
DEC 3 0 1976 FILE R14055
Mr. William Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: Agreements Nos. D76-030 and D76-037
Dear Mr. Murphy:
Transmitted herewith is one (1) copy each of the fully executed above referenced
agreements between the City of San Juan Capistrano and the County of Orange,
providing for the installation and maintenance of traffic signals at the
intersection of Del Obispo Street and Blue Fin Drive.
Also attached is one (1) copy of Board of Supervisors Minute Order authorizing
County's execution of the agreements.
Very truly yours,
K. E. Smith, Chief
Cooperative Projects
HEM. sr
Attachments: 1) Agreements (2)
2) Minute Order
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 Driv-, 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 Driv.
as recommended by the Director of EMA in his letter dated December 14, 191
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 e
of Main Street and Whitesands Drive, Project No. 703.
I,C O-I.I
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Traff�Signal,;and Lighting
Mainte ance
A G R E E M E N T
THIS AGREEMENT, made and entered into this /5�t%v day of
41) 1976, by and between:
CITY OF SAN JUAN CAPISTRANO
a municipal corporation, hereinafter
designated as "CITY", and
COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
designated as "COUNTY."
W I T N E S S E T H:
WHEREAS, CITY and COUNTY have various traffic signal and inter-
section lighting installations that are partially in area under
jurisdiction of COUNTY and partially in area under jurisdiction of
CITY; and
WHEREAS, CITY and COUNTY desire to specify the procedure for
equitably distributing the maintenance costs for said installations; and
WHEREAS, the provisions of Title 1, Division 7, 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:
I. This agreement shall supersede all previous agreements
with respect to maintenance of traffic signals and intersection
lighting.
II. Routine maintenance work to be performed will include
contracting for and/or furnishing of, electrical energies and the
necessary repairs or replacements as required to insure a satis-
factory service. Installation of additional facilities is not a
maintenance function under the provisions of this Agreement.
III. The maintenance and operational costs for traffic signal
and intersection lighting installations shall be borne by the
parties hereto and shall be based on the actual maintenance and
operational costs incurred at each installation; CITY's share of
said cost at each installation shall be a sum, bearing the same
proportion to the total cost of maintenance, as the number of legs
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016,037
of highways under jurisdiction of CITY as the location involved,
bears to the total number of legs of highways at such location;
COUNTY's share of said cost at each installation shall be a sum,
bearing the same proportion to the total cost of maintenance, as
the number of legs of highways under jurisdiction of COUNTY at
the location involved, bea_s to the total number of legs of
highways at such location.
IV. The minimum maintenance cost division at any intersection
under the terms of this agreement shall be based upon one half
(1/2) of one (1) leg of that intersection. A substantial portion
of the traveled way shall lie within the jurisdiction of the
agency concerned, wherever the above minimum 111/2 leg" division
is a part.
V. For purposes of determining the number of highway legs
applicable to each jurisdiction, the CITY limits shall be as they
exist at the time the maintenance costs are incurred.
VI. The traffic signal and highway lighting installations at
which the cost of maintenance is shared by CITY and COUNTY, along
-with the proportion of costs for each agency, are shown on
Exhibit "A", attached hereto and made a part hereof.
VII. CITY will furnish, service and/or perform such maintenance
work as is specifically delegated to it, and COUNTY will furnish,
service and/or perform the work not otherwise assigned to CITY,
all as shown on Exhibit "A" attached.
VIII. The maintenance responsibilities for all future cooperative
installations shall be borne by the COUNTY unless otherwise pro-
vided'for in the cooperative agreement for the installation.
IX. The agency assuming the maintenance responsibilities in
accordance with Section VI, VII, and VIII above will bill the other
involved agency, as provided for in this agreement, and will
promptly be reimbursed by the billed agency, for the appropriate
maintenance costs. Exhibit "A" of this agreement may be amended
as required for future traffic signal and highway lighting instal-
lations upon the mutual consent of the Assistant Director, Environ-
mental Management Agency, Development Division and the CITY
Engineer.
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D76-037
In the event an annexation includes • portion of an
existing COUNTY installation, CITY will be responsible for costs
as outlined in paragraph III. Should all COUNTY legs of highway
at a particular installation be annexed to CITY, then CITY shall
assume all maintenance responsibilities on the effective date of
the annexation to CITY. CITY shall submit a revised copy of
:■
Exhibit "All for approval by the Assistant Director of ENA, I
Development Division within thirty (30) days of the effective
date of said annexation.
%I. It is mutually understood and agreed:
(a) That neither COUNTY nor any officer or employee there-
of 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 Govern-
ment Code Section*895.4, 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 juris-
diction delegated to CITY under this agreement.
(b) 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 Gover.^..;,ert Code Section 310.8), 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.
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- D76-037
IN WITNESS WHEREOF, CITY has caused this agreement to be
executed by its Mayor, and attested by its Clerk, and COUNTY
has caused this agreement to be executed by the Chairman of its
Board of Supervisors and attested by its Clerk, all thereunto duly
authorized by Minute Order of CITY COUNCIL and the Board of
Super•-isors .
CITY OF SAN JUAN CAPISTRANO
a municipal corporation
Dated: j/ - 3 - 7 6 ByDOUGLAS B. ASH, MAYOR
A7 -MST:
i
CM Clerk
COUNTY OF ORANGE
a political subdivision
of the State of Caligforniaa,
Chairman, Board of Supervisors
ATPT:
-,7UNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE ���COUNTY,
(�//CALIFORNIA
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APPROVED AS TO FORM
JAMES OKAZAKI, CITY ATTORNEY
San Juan Capistrano
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