HomeMy WebLinkAboutPLC LAND CO. AND COUNTY OF ORANGE JOINT SHARE TRAFFIC SIGNAL AGREEMENT - 1999-01-19 �`l9 F'/li off- Py✓
AITY OF HUNTINGTON BEA
MEETING DATE: January 19,1999 DEPARTMENT ID NU : PW 99-01CWAJ y
Council/Agency Meeting Held: •aJ
Deferred/Continued to.
pproved ❑ Conditionally pproved ❑ Denied bi--Pil7Y it Clerk's Signature
Council Meeting Date: January 19, 1999 Department ID Number PW 99-01
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
-40
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS z ,
_ O ;C
SUBMITTED BY: RAY SILVER, City Administrator 090V �-
PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work
SUBJECT: APPROVE JOINT SHARE TRAFFIC SIGNAL AGREEMENt V17�7H
THE COUNTY OF ORANGE
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s)•Analysis,Environmental Status,Attachmen
Statement of Issue: PLC Land Company, is installing a traffic signal at the intersection of
Edwards Street and Ellis Avenue (a portion of which is within the County of Orange), as part
of their Developer Agreement with the City of Huntington Beach. Because the signal is within
two jurisdictions, a Joint Share Traffic Signal Agreement needs to be executed to operate
and maintain the traffic signal-
Funding Source: Not Applicable
Recommended Action: Motion to approve the Joint Share Traffic Signal Agreement with
the County of Orange.
Alternative Action(s): Deny the approval of the Joint Share Traffic Signal Agreement and
direct staff as to what action to take.
Analysis: As part of the Developer Agreement, PLC Land Company is installing a traffic
signal at the intersection of Edwards Street and Ellis Avenue. The signal is within two
jurisdictions, the County of Orange (16.7%) and City of Huntington Beach (83.3%)_ Once the
traffic signal is completed, an agreement for the operation and maintenance is needed. The
agreement provides for the two agencies to share the operational and maintenance cost of
the signal. The agreement states that the City of Huntington Beach would operate and
maintain the signal and the County would pay its share of the costs. /
CO.of Orange RCA -2- 12/28198 2:47 PM
*QUEST FOR COUNCIL AC#N
MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: PW SiMi
Environmental Status: Not Applicable
Attachmentfs}:
City Clerk's
Page Number No. Description
1. 1 Joint Share Traffic Signal Agreement
RCA Author T. Elliott:gd
33619
CO.of Orange RCA -3- 12/28/98 2:47 PM
(7) 01/19/99 - Council/Agency Agenda - Page 7
E. CONSENT CALENDAR
Ali matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed_
Recommended Action, Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the
City Council/Redevelopment Agency adjourned regular meeting of November 30. 1998 and
the regular meeting of December 7, 1998 as wntten and on file in the Office of the City
Clerk Submitted by the City Cleric
[Approved and adopted 6-0-1 (Green: absent)]
E-2. (City Council) Approve Amendment No. 2 To Contract With Engineering
Resources, Inc. To Perform Public_Works Engineering Development Processing
And Inspection Services —Approve Modification To Insurance Requirements
(600.10) — 1. Approve and authonze the Mayor and City Clerk to execute Amendment
No. 2 To Agreement Between The City Of Huntington Beach And Engineenng
Resources, Inc. For Plan Checking And Development Processing to provide up to
$750,000 in various engineering services; and 2. Accept the Settlement Committee's
recommendation to allow a S25,000 deductible for professional liability, insurance
coverage. Submitted by the Public Works Director
[Approved 6-0-1 (Green: absent)]
E-3. (City Council)Approve Joint Share Traffic Signal Agreement_D-98-095 With The
County Of Orange— Intersection Of Edwards Street & Ellis Avenue — Pursuant To
Holly-Seacliff_Development Agreement) (600 25) —Approve and authorize execution of
the Joint Share Traffic Signal Agreement between the City and County of Orange for the
installation of a traffic signal at the intersection of Edwards Street and Ellis Avenue (a
portion of which is within the County of Orange). Submitted by the Public Works Director
(Pursuant to Holly-Seaciiff Development Agreement with PLC Land Company)
[Approved 6-0-1 (Green: absent)]
E-4. (CityCourlcin Approve As To Form: Oceanview Promenade Office mace Lease
Suite_A - Between Abdelmuti Development Company & Scott Presta &The
Termination Of Lease & Mutual Release With Previous Tenant Clearview Capital —
(600.30) - Approve as to form the attached lease between Abdelmuti Development
Company and Scott Presta for office space within the Oceanview Promenade and the
attached Termination of Lease and Mutual Release with the previous tenant Clearview
Capital_ Submitted by the Economic Development Director
[Approved 6-0-1 (Green: absent)]
ATTACHMENT 1
1 , •
County o Orange
' Public Facilities $ Resources Department
John W. Sibley, Director
April27, 1999
Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Subject: Joint Share Traffic Signal Agreement D98-095
Dear Ms. Brockway:
The Orange County Board of Supervisors approved Agreement D98-095 at their meeting of
April. 4, 1999. Enclosed are two signed originals of said agreement for your files. Should there
be any questions, please contact me at (714) 834-3380.
Very truly yours
Mauricio N. Dia7, P.E.
Civil Engineer
MND:md
LOCATION: MAILING ADDRESS- TELEPHONE-
300 N_ FLOWER ST P-O-BOX 4048 (714)834-2300
SANTA ANA,CALIFORNIA SANTA ANA,CA 92702-4048 FAX#834-5198
ORANGE COUNTY BOARD OF SUPERVIPORS
MINUTE ORDER
The following is action taken by the Board of Supervisors on April 6, 1999
APPROVED AS RECOMMENDED OTHER ❑
Unanimous ❑ (1) SMITH Y (2) SILVA X (3) SPITZER Y (4) COAD Y (5) WILSON Y
Vote Key: Y=YesN=No;A--Abstain;X=Excused;8.0.=Board Order
Documents accompanying this matter:
Resolution(s)
[] Ordinances(s)
Contract(s)
Submittfa AgengyQeepartmenr PUBLIC FACILITIES AND RESOURCES DEPARTMENT
Approve agreement D98-095 with City of Huntington Beach, for maintenance and operation of joint shared traffic signal at Ellis
Ave. and Edwards St. - District 2
Item No. 39
Special Notes: I certify that the foregoing is a true and correct copy of the
Minute Order adopted by the Board of Supervisors.Orange
County.State of California.
DARLENE J. BLOOM,Clerk of the Board
Copies sent to: By-
6 E2�) Deputy
pI%i-D. J, '-Ciao- RECE , ' r
I I AGENCYMEPT.USE CLERK USE ONLY
AdMmID k ITEM TRANW-aTTAL
• CEO REVIL*
CONSENT ❑
SY i O _ � Conart�
. !DIS�SK)I+I
• 4: 35 ❑ Do"Cor"
�ylIF041� 5914aLGrHEARING
.r 4�Rfl 6ou+V
T0: BOARD OF SUPER41 OlksS oam 'r.:ORANGE
CZVjYAGT FOR INFORk"TION PHONE
FROM: Public Facilities and Resources Dept. Ignacio G. Ochoa 834-3484
FILE. Mauricio Diaz 44 834-3380
MEVING DATE SUBJECT Joint Share Traffic Signal Agreement No. D98-095 with -
the City of Huntington Beach
April 6, 1999 2
SUMMARY OF.REQUESTfor agsade)
Public Facilities and Resources Department requests approval of Agreement No. D98-095 with
the City of Huntington Beach, which allocates the cost to maintain and operate a jointly
owned traffic signal.
ADDITIONAL DATA.-
A developer funded traffic signal is being constructed at the intersection of Ellis Avenue
and Edwards Street. This intersection is jointly owned by the City of Huntington Beach and
the County of Orange. Upon completion, the City will operate and maintain the signal.
This Agreement apportions the operational and maintenance costs between the parties based
upon the percentage of intersection ownership. The Huntington Beach City Council approved
the Agreement on January 19, 1999.
CEQA COMPLIANCE: Not a project as defined by CEQA
PREV*US RELEVANT BOARD ACTIONS ON THIS SPECIFIC rrM None
FUNDING SOURCE(S) CU YEAR COST ANNUAL T BUDGETED? 0 YES El No
Road Funds
$1000 $ 1000
WILL PROPOSAL REQUIRE AOU-nONALP ? E B CYT
NO IF YES.STATE NUMBER PERMANENT LIMITED TERM ®YES 0 NEW ITEM OR EXCEPTION
RECOMMENDED ACTION
I. Approve Agreement No. D98-095 with the City of Huntington Beach.
CONCURRENCES Of ap amble) ATTACHMENTS
County C sal Agreement No. D98-095 (5 originals)
H. kasone, Man ger DATE io Sibley, DI
Prog Development Division
• • Agreement No. D98-095
_ g
JOINT SHARE TRAFFIC SIGNAL
AGREENIF,NT
This AGREEMENT, made and entered into on this & day of
by and between
The CITY OF IIUNTINGTON BEACH, a
municipal corporation, hereinafter designated as
"CITY",
AND
The COUNTY OF ORANGE-, a political
subdivision of the State of California,
hereinafter designated as "COUNTY".
WHEREAS, CITY and COUNTY have traffic signal installations that are partially located
in areas under jurisdiction of COUNTY and under jurisdiction of CITY; and
WHEREAS, CITY and COUNTY desire to specify the procedure for equitably
distributing the costs for operating and maintaining said installations; and
WHEREAS, the provisions of Title I, Division 7, Chapter 5, Article I of the California
Governnient Code entitled `Joint Powers Agreement' authorize two or more public agencies to
jointly exercise any power common to the contracting parties.
NOW, THEREFORE, THE CITY AND COUNTY, for consideration hereinafter named,
mutually agree as follows:
- 1 -
Agreement No. D98-095
1. "Chis Agreement shall supersede and take precedence over any and all previous
Agreements, either oral or in writing, between the parties hereto with respect to joint share traffic
signal installations.
IT. For the purpose of this Agreement, `traffic signal installations' may include flashers and
highway lighting facilities appurtenant to traffic signal installations.
II1. The maintenance and operational costs for traffic signal installations-shall be borne by the
parties hereto and shall be based on the actual maintenance and operational costs incurred at each
installation. Each party's share of said costs shall be a proportionate sum based on the ratio of the
number of legs of highways at such location. The minimum division for determining the above
ratio shall be one half(1/2) of one (1) leg of an intersection. A substantial portion of the traveled
way shall lie within the jurisdiction of the party concerned in order to apply the above minimum
`1/2 leg' division. For purposes of determining the number of highway legs applicable to each
jurisdiction, the CITY/COUNTY limits shall be defined as they exist at the time operational and
maintenance costs are incurred.
IV. The traffic signal installations for which the costs of operation and maintenance are to be
shared by CITY and COUNTY, along with the proportionate distribution of said costs and
designation of responsible agency, are listed in Exhibit `A', attached hereto and made a part
hereo f.
V. The costs of maintenance shall be prorated between COUNTY and CITY in accordance
with the percentages established in Exhibit W. For purposes of this Agreement, maintenance
-2 -
• Agreement No. D98-095
costs shall include electrical energy costs. It is further understood that routine maintenance can
and shall be performed by the agency so designated in Exhibit `A' without the consent of the
other agency; however, any extraordinary maintenance activities, such as permanent replacement
of damaged signal poles, controller cabinets and controllers, and reviewing of the intersection,
shall be approved, verbally or in writing, by the other agency prior to implementation.
VI. All signal modifications, including but not limited to phase modifications, new equipment,
reconfiguration of intersection geometries, and other such improvements of similar magnitude,
shall be considered above and beyond the scope of maintenance activities and shall, therefore,
require written approval from both parties prior to implementation_ Any grant monies, developer
contributions, or other such sources.of external revenue used to offset the cost of improvements
shall be applied in full to the total cost of such improvements. The balance shall be prorated in
accordance with Exhibit 'A'.
VII. COUNTY SHALL:
A. Provide and maintain electrical service from the appropriate serving public utility
agency at all installations identified in Exhibit `A' as COUNTY responsibility and reimburse said
agency directly for all actual and associated costs incurred.
B. Perform routine and preventative maintenance, repairs, replacement or other
extraordinary work as required to insure satisfactory operation of all installations identified in
Exhibit `A' as COUNTY responsibility.
C. Prepare and submit to CITY a monthly billing statement for the appropriate
proportionate share of all costs incurred by COUNTY for operating and maintaining traffic signal
- 3 -
• • Agreement No. D98-095
installations as per Exhibit `A'. Costs to be billed in accordance with established COUNTY rates
at the time work is performed.
D. Promptly reimburse CITY for charges billed to COUNTY as per this Agreement.
VIII. CITY SHALL:
A. Provide and maintain electrical service from the appropriate serving public utility
agency at all installations identified in Exhibit `A' as CITY responsibility and reimburse said
agency directly for all actual and associated costs incurred.
B Perform routine and preventative maintenance, repairs, replacement or other
extraordinary work as required to insure satisfactory operation of all installations identified in
Exhibit `A' as CITY responsibility.
C. Prepare and submit to COUNTY a monthly billing statement for the appropriate
proportionate share of all costs incurred by CITY for operating and maintaining traffic signal
installations as per Exhibit `A'. Costs to be billed in accordance with established CITY rates at
the time work is performed.
D. Promptly reimburse COUNTY for charges billed to CITY as per this Agreement.
IX. IT IS MUTUALLY UNDERSTOOD AND AGREED.
�A. That neither COUNTY nor any officer or employee therefor 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 to any work, authority or jurisdiction delegated to CITY under this
Agreement. It is also understood that pursuant to Government 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), including attorneys fees and costs, occurring by reason of
- 4 -
• Agreement No. D98-095
anything done or omitted to be done by CITY under or in connections with any work, authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee therefor 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 to any work, authroity or jurisdiction delegated to COUNTY under this
Agreement. It is also understood 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), inclduing attorneys fees and costs, ocurring by reason of
anything done or omitted to he done by COUNTY under or in connections with any work,
authority or jurisdiction delegated to COUNTY under this Agreement.
C. CITY shall not be responsible for the direct payment of any salaries, wages, or
other compensation to any COUNTY officer or employee performing any services hereunder for
CITY, nor liable for any injury or sickness arising out of said employee or officer's employment,
except as herein otherwise specified.
D. COUNTY shall not be responsible for the direct payment of any salaries, wages, or
other compensation to any CITY officer or employee performing any services hereunder for
COUNTY, nor liable for any injury or sickness arising out of said employee or officer's
employment, except as herein otherwise specified.
E. This Agreement may be terminated by either party by giving 180 days written
notice of intent to so terminate.
F. The terms-of this Agreement may be reviewed and amended at any time by either
party by supplemental Agreement based upon mutual written consent of both parties. Exhibit `A'
of this Agreement, may be amended as needed to reflect changes, additions or deletions to the list
of shared CITY and COUNTY traffic signal installations.
- 5 -
Agreement No. D98-095
G. In the event an annexation includes a portion of an existing COUNTY installation,
CITY will be responsible for costs within the acquired area as per Section III. Should all
COUNTY legs of highways at a particular installation be annexed to CITY, then CITY shall
assume all responsibilities on the effective date of the annexation to CITY. In either case, CITY ,
shall prepare and submit a revised Exhibit `A' as per Section IX. F.
H. This Agreement has been negotiated and executed in the State of California and
shall be governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, all the parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section
394,
I. All correspondence shall be sent via United States Postal Service, postage prepaid
addressed as follows:
County of Orange
P>~RD/Trafftc Engineering
P.O. Box 4048
Santa Ana, CA 92702
City of Huntington Beach Public Works Department
Attn: Traffic Engineer
2000 Main Street
Huntington Beach, Ca 92648
X. In the event suit is brought by either CITY or COUNTY to enforce the terms of this
Agreement or to secure the performance hereof, each agency shall bear its own attorney's fees.
- 6 -
Agreement No.D98-095
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 the City Council
and the Board of Supervisors,respectfully.
CITY OF HUNTINGTON BEACH,
A Municipal Corporation of the State of
California
Dated: 199 8 BY
Mayor
INIT APPROVED: ATTEST: _
BY / BY
Director of Public Works City Clerk /Sfc
REVIEWED AND APPROVED: APPROVED AS TO FORM:
BY BY Aw-v
City Administrator q eCity Attorney
11-13- (&
I�l�f rJ3
COUNTY OF ORANGE,
A political subdivision of the State of
California
Dated: 44 , 199� BY
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A.COPY APPROVED AS TO FORM
OF THIS DOCUMENT HAS BEEN LAURENCE .WATSON, CO COUNSEL
DELIVERED TO THE CHAIRMAN Or—L
E
BOARD � A
61 /
BY «�K�`� BY
DARLENE J. BLOOM Deputy
Clerk of the Board of Supervisors
of Orange County, California
-7-
EXHIBIT `A'
A Part of an Agreement for Joint Share Traffic Signals
Between the
County of Orange and the City of Huntington Beach
Agreement No. D98-095
Page 1 of 1
Division of Costs
Responsible Total Huntington Beach County of Orange
No. Traffic Signal Location A enc Leers Legs Percent Legs Percent
1. Edwards St Ca, Ellis Ave City 3 2.5 83.3 0.5 16.7
ounty Tra -ngincer 'Date City Engineer Date
• • Agreement No. D98-095
JOINT SHARE TRAFFIC SIGNAL
AGREEMENT
This AGREEMENT, made and entered into on this day of 19q.
by and between
The CITY OF HUNTINGTON BEACH, a
municipal corporation, hereinafter designated as
"CITY",
AND
The COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter designated as"COUNTY".
WHEREAS, CITY and COUNTY have traffic signal installations that are partially located
in areas under jurisdiction of COUNTY and under jurisdiction of CITY; and
WHEREAS, CITY and COUNTY desire to specify the procedure for equitably
distributing the costs for operating and maintaining said installations; and
WHEREAS, the provisions of Title I, Division 7, Chapter 5, Article I of the California
Government Come entitled `Joint rowers Agreement' authorize two or more public agencies to
jointly exercise any power common to the contracting parties.
NOW, THEREFORE, THE CITY AND COUNTY, for consideration hereinafter named,
mutually agree as follows:
- 1 -
• Agreement No. D98-095
I. This Agreement shall supersede and take precedence over any and all previous
Agreements, either oral or in writing, between the parties hereto with respect to joint share traffic
signal installations.
II. For the purpose of this Agreement, `traffic signal installations' may include flashers and
highway lighting facilities appurtenant to traffic signal installations.
III. The maintenance and operational costs for traffic signal installations shall be borne by the
parties hereto and shall be based on the actual maintenance and operational costs incurred at each
installation. Each party's share of said costs shall be a proportionate sum based on the ratio of the
number of legs of highways at such location. The minimum division for determining the above
ratio shall be one half(lit) of one (1) leg of an intersection. A substantial portion of the traveled
way shall lie within the jurisdiction of the party concerned in order to apply the above minimum
'l/2 leg' division_ For purposes of determining the number of highway legs applicable to each
jurisdiction, the CITY/COUNTY limits shall be defined as they exist at the time operational and
maintenance costs are incurred.
IV. The traffic signal installations for which the costs of operation and maintenance are to be
shared by CITY and COUNTY, along with the proportionate distribution of said costs and
designation of responsible agency, are listed in Exhibit `A', attached hereto and made a part
hereof.
V. The costs of maintenance shall be prorated between COUNTY and CITY in accordance
with the percentages established in Exhibit W. for purposes of this Agreement, maintenance
- 2 -
• Agreement No. D98-095
costs shall include electrical energy costs. It is further understood that routine maintenance can
and shall be performed by the agency so designated in Exhibit `A' without the consent of the
other agency; however, any extraordinary maintenance activities, such as permanent replacement
of damaged signal poles, controller cabinets and controllers, and reviewing of the intersection,
shall be approved, verbally or in writing, by the other agency prior to implementation.
VI. All signal modifications, including but not limited to phase modifications, new equipment,
reconfiguration of intersection geometries, and other such improvements of similar magnitude,
shall be considered above and beyond the scope of maintenance activities and shall, therefore,
require written approval from both parties prior to implementation. Any grant monies, developer
contributions, or other such sources of external revenue used to offset the cost of improvements
shall be applied in full to the total cost of such improvements. The balance shall be prorated in
accordance with Exhibit `A'.
V1I. COUNTY SHALL:
A. Provide and maintain electrical service from the appropriate serving public utility
agency at all installations identified in Exhibit `A' as COUNTY responsibility and reimburse said
agency directly for all actual and associated costs incurred.
B. Perform routine and preventative maintenance, repairs, replacement or other
extraordinary work as required to insure satisfactory operation of all installations identified in
Exhibit `A' as COUNTY responsibility.
C. Prepare and submit to CITY a monthly billing statement for the appropriate
proportionate share of all costs incurred by COUNTY for operating and maintaining traffic signal
- 3 -
• Agreement No. D98-095
installations as per Exhibit W. Costs to be billed in accordance with established COUNTY rates
at the time work is performed.
D. Promptly reimburse CITY for charges billed to COUNTY as per this Agreement.
VIII. CITY SHALL:
A. Provide and maintain electrical service from the appropriate serving public utility
agency at all installations identified in Exhibit `A' as CITY responsibility and reimburse said
agency directly for all actual and associated costs incurred.
B. Perform routine and preventative maintenance, repairs, replacement or other
extraordinary work as required to insure satisfactory operation of all installations identified in
Exhibit `A' as CITY responsibility.
C. Prepare and submit to COUNTY a monthly billing statement for the appropriate
proportionate share of all costs incurred by CITY for operating and maintaining traffic signal
installations as per Exhibit `A'. Costs to be billed in accordance with established CITY rates at
the time work is performed.
D. Promptly reimburse COUNTY for charges billed to CCCY as per this Agreement.
IX. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. That neither COUNTY nor any officer or employee therefor 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 to any work, authority or jurisdiction delegated to CITY under this
Agreement. It is also understood that pursuant to Government 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), including attorneys fees and costs, occurring by reason of
- 4 -
• Agreement No. D98-095
anything done or omitted to be done by CITY under or in connections with any work, authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee therefor 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 to any work, authroity or jurisdiction delegated to COUNTY under this
Agreement. It is also understood 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), inclduing attorneys fees and costs, ocurring by reason of
anything done or omitted to be done by COUNTY under or in connections with any work,
authority or jurisdiction delegated to COUNTY under this Agreement.
C. CITY shall not be responsible for the direct payment of any salaries, wages, or
other compensation to any COUNTY officer or employee performing any services hereunder for
CITY, nor liable for any injury or sickness arising out of said employee or officer's employment,
except as herein otherwise specified.
D. COUNTY shall not be responsible for the direct payment of any salaries, wages, or
other compensation to any CITY officer or employee performing any services hereunder for
COUNTY, nor liable for any injury or sickness arising out of said employee or officer's
employment, except as herein otherwise specified.
E. This Agreement may be terminated by either party by giving 180 days written
notice of intent to so terminate.
F. The terms of this Agreement may be reviewed and amended at any time by either
party by supplemental Agreement based upon mutual written consent of both parties. Exhibit `A'
of this Agreement, may be amended as needed to reflect changes, additions or deletions to the list
of shared CITY and COUNTY traffic signal installations.
- 5 -
• • Agreement No. D98-095
G. In the event an annexation includes a portion of an existing COUNTY installation,
CITY will be responsible for costs within the acquired area as per Section III. Should all
COUNTY legs of highways at a particular installation be annexed to CITY, then CITY shall
assume all responsibilities on the effective date of the annexation to CITY. In either case, CITY
shall prepare and submit a revised Exhibit `A' as per Section IX. F.
1-1. This Agreement has been negotiated and executed in the State of California and
shall be governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, all the parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section
394.
I. All correspondence shall be sent via United States Postal Service, postage prepaid
addressed as follows:
County of Orange
PFRDITraffic Engineering
P.O. Box 4048
Santa Ana, CA 92702
City of Huntington Beach Public Works Department
Attn: Traffic Engineer
2000 Main Street
Huntington Beach, Ca 92648
X. In the event suit is brought by either CITY or COUNTY to enforce the terms of this
Agreement or to secure the performance hereof, each agency shall bear its own attorney's fees.
- 6 -
1
Agreement No.D98-095
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 the City Council
and the Board of Supervisors,respectfully.
CITY OF HUNTINGTON BEACH,
A Municipal Corporation of the State of
California
vv
Dated: �^'�&r' l3 , 1998 BY
Mayor .
INI D APPROVED: ATTEST:
BY7/ BY X�
Director of Public Works City Clerk
REVIEWED AND APPROVED: APPROVED 43 TO FORM:
BY BY
City Administrator y City Attorney 11 f 1Ob
I
COUNTY OF ORANGE,
A political subdivision• of the State of
California
C4"6
Dated: q' , 199c� BY
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY APPROVED AS TO FORM
OF THIS DOCUMENT HAS BEEN LAURENCE . WATSON, C TY COUNSEL
DELIVERED TO THE CHAIRMAN OF THE
BOARD y
Aw"
u s
BY I BY Z 4 00
DARL J.'BLOOM Dep /
Clerk of the Board of Supervisors
of Orange County, California
-7-
V.
EXHIBIT `A'
A Part of an Agreement for Joint Share Traffic Signals
Between the
County of Orange and the City of Huntington Beach
Agreement No. D98-095
Page 1 of 1
Division of Costs
Responsible Total Huntington Beach County of Orange
No. Traffic Signal Location Agency Leers Legs Percent L9.lq§ Percent
1 Edwards St @ Ellis Ave City 3 2.5 83.3 0.5 16.7
raffic Engineer Dale City Engineer Date
J.i CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
Cf1Y CLERK
LETTER OF TRANSi lITTAI, OF ITF.i4I APPROVED BY THE CITY COUNCIL/
REDEVELOPINTENT AGENCY OF THE CITY OF HLNTI`GTON BEACH
DATE:
TO: Q 5R1 I?eO4 ATTENTION:
Na e - .540,�/,, _J M _
s ,t16 69 DEPARTENT: PFRb17Xhc
a N IN
( (!& _ 1.7.�I D REGARDING-
City.State.7.ip
See Attached Action Agenda Item L —V _ Date of Approval f
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
&A4A)
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: B"U_a51eq 'Dew _Z_
Name panment RCA' Aptcm:nt Insurance Other
Name Depanment RCA A Bement Insurance Other
Name Department RCA A_-rc:mem Insurance Other
Namc Depanment RCA A_iccm:nt Insurance Other
Risk Manapmcnt Ikpt Insurance
Received by tame - Company Name - Date
G-rollowuplco,6 emir
(Telephone; 714-536.5227 i
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Joint Share Traffic Signal Agreement with the
County of Orange
COUNCIL MEETING DATE: January 19, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Parry Agreements, etc_
(Approved as to form by City AHomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR RDED
Administrative Staff { ) ( )
Assistant City Administrator (Initial) ( } ( )
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author T. Elliott