Resolution Number 93-10-5-3RESOLUTION NO. 93-10-5-3
' APPROVING ORANGE COUNTY GRAFFITI REMOVAL AGREEMENT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING PARTICIPATION IN THE
ORANGE COUNTY GRAFFITI REMOVAL AGREEMENT
WHEREAS, the Orange County Board of Supervisors recently approved major revisions and
expansion of the County's Graffiti Abatement Program; and,
WHEREAS, such expansion provides for no -cost removal by the County of graffiti from public
and private proeprty adjacent to flood control facilities; and,
WHEREAS, the County is requesting that the City of San Juan Capistrano and other
incorporated cities in the County of Orange enter into a five-year Graffiti Removal Agreement (attached hereto
and made a part hereof) allowing County removal of graffiti within the City of San Juan Capistrano; and,
WHEREAS, such agreement is in accordance with City policy and would further contibute to
current City efforts to remove graffiti within the City of San Juan Capistrano.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve participation in the Orange County Graffiti Removal Agreement.
PASSED, APPROVED, AND ADOPTED this 5 th day of October
r
j GIL�IO YOR
Gil N I M.yl6
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-10-5-3
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 5th day of October , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT. None
(SEAL)
CH RYL JOH F N, ITY CLERK
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157
GRAFFITI REMOVAL AGREEMENT
THIS AGREEMENT, made and entered into this day of
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BY AND BETWEEN
The CITY of SAN JUAN CAPISTRANO a
municipal corporation, hereinafter
designated as "CITY,"
AND
The 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 wishes to have graffiti removed from public and private
property within CITY;
WHEREAS, COUNTY is able to remove graffiti from public and private
property located within CITY and adjacent to, or visible from, ORANGE COUNTY
FLOOD CONTROL DISTRICT (OCFCD) property or COUNTY property at nominal cost to
the COUNTY while removing graffiti from adjacent OCFCD or COUNTY property; and
WHEREAS, removal of said graffiti by COUNTY at no charge to CITY or the
owners of the property from which graffiti is removed will benefit the COUNTY by
enabling it to remove expeditiously graffiti blight visible from OCFCD or COUNTY
property; and
WHEREAS, COUNTY's Board of Supervisors has authorized the director of its
Environmental Management Agency to execute this agreement,
Now, therefore, CITY and COUNTY, mutually agree as follows:
1. COUNTY shall
A. At its option, remove graffiti from private property, CITY
property, and property occupied by other public agencies that
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is adjacent to, or visible, from ORANGE COUNTY FLOOD CONTROL
DISTRICT (OCFCD) property or COUNTY property and located within
CITY;
B. Obtain the property owner's written permission prior to the
removal of graffiti from private property or property owned by
public entities other than OCFCD, COUNTY, or CITY; and
C. Perform such graffiti removal work at its sole cost and
expense.
2. CITY hereby consents to:
A. Removal by COUNTY of graffiti on property owned by CITY;
B. Entry on CITY property by persons removing graffiti from public
or private property in accordance with this agreement; and
C. Graffiti removal by COUNTY in the CITY on private property or —
public property not owned by CITY, to the extent approved by
the property owner.
It is mutually understood and agreed:
1. That graffiti is obnoxious.
2. That property from which COUNTY may remove graffiti may include
private or non -county owned public property adjacent to, or
visible from, OCFCD or COUNTY property or facilities located on
OCPCD or COUNTY property such as, but not limited to, bridge piers
or abutments, utility manholes, towers, poles.
3. That the cost to the COUNTY to perform graffiti removal work on
private or non -county public property in CITY is only nominally
more than the cost to COUNTY to remove graffiti from the adjacent
OCFCD or COUNTY property.
4. That this agreement does not obligate the COUNTY to remove
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graffiti from private or non -county public property.
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5.
That the CITY will not be included in communication between the
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COUNTY and property owner regarding graffiti removal unless COUNTY
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or property owner request CITY participation.
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6.
That graffiti removal includes physical removal of graffiti or
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painting over graffiti to make it illegible; that such effort may
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result in some discoloration of the surface on which graffiti was
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affixed or inscribed; and that the paint used to paint over
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graffiti may not match the existing colors.
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7.
That the crews assigned to remove the graffiti may include COUNTY
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employees and volunteers as well as COUNTY jail inmates, Community
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Work Program enrollees, persons on probation or wards of the
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juvenile court, acting under the supervision of COUNTY staff
to inmates Community Work Program
authorized supervise and
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participants or the COUNTY Probation Department.
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8.
That the area painted or repainted to remove graffiti may not be
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larger than the area covered with graffiti and may not include the
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entire surface of the property.
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9.
That while graffiti removal work on private or non -county property
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will usually be accomplished from OCFCD or COUNTY property, there
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may be occasions when personnel performing graffiti removal work
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will enter upon private, CITY or other non -county public property
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in order to accomplish said work.
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10.
CITY shall indemnify and hold COUNTY, its officers, agents,
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employees, invitees and independent contractors free and harmless
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from any liability whatsoever, based or asserted upon any act or
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omission of CITY, its officers, agents, employees, subcontractors
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and independent contractors, for property damage, bodily injury or
death or any other element of damage of any kind or nature,
relating to or connected with the performance of this agreement
and CITY shall defend at its expense, including attorney fees,
COUNTY, its officers, agents, employees, invitees and independent
contractors in any legal action or claim of any kind based upon
such alleged acts or omissions.
11. COUNTY shall indemnify and hold CITY, its officers, agents,
employees and independent contractors free and harmless from any
liability whatsoever, based or asserted upon any act or omission
of COUNTY, its officers, agents, employees, subcontractors,
invitees and independent contractors, for property damage, bodily
injury or death or any other element of damage of any kind or
nature, relating to or connected with the performance of this
agreement, and COUNTY shall defend, at its expense, including
attorney fees, CITY, its officers, agents, employees and
independent contractors in any legal action or claim of any kind
based upon such alleged acts or omissions.
12. The term of this agreement shall be for five (5) years commencing
upon final execution by COUNTY unless earlier terminated by either
party.
13. COUNTY and CITY may terminate this agreement, without cause, upon
thirty (30) days written notice to the other party.
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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 Director of the Environmental Management Agency and attested by
its Clerk, all thereunto duly authorized by the City Council and the Board of
Supervisors, respectively.
Dated: ���5�y 3
Attest:
(2 -he" -01 VI0/t/ySO-1
Clerk of the Council
TPC:mk/3221
3072915001952
CITY OF SAN JUAN CAPISTRANO
A Municipa Corporation
BY /5/ 6je- V0l7PS
APPROVED AS TO FORM
BY ✓s/ G// ) /d I vi �Ar
City Attorney
9lRll�
COUNTY OF ORANGE,
A political Subdivision of the
State of California
By
Michael M. Ruane
Director, EMA
APPROVED AS TO FORM:
TERRY C. ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: fix44o-
Deputy
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