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HomeMy WebLinkAboutC-985 - Maintenance of State freeways in CityA Date au;?ust 9. 1965 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 985 Authorized by Resolution No. 6174 , adopted on June 28, 1965 Date Mayor and City Clerk executed Contract June 28, 1965 Effective date of Contract July 1, 1965 Contract with State of California, Deot Pub a:orks . Div Hwvs Address p, 0. Boy1 230 Los ;regales 54, California Brief description of Contract .`�reement for Maintenance of State Hijh:vays within the City Amount of Contract __ ty ClIerk i 0 4k RESOLUTION NO. 6194 RESOLUTION OF THE CITY•COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF NEWPORT BEACH WHERLAS, the State of California, through its Department of Public Works, Division of Highways, has presented an Agreement for Maintenance of the State highway in the City of Newport Beach effective as of July 1, 1965 and to remain in effect until amended or terminated. WHEREAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of Newport Beach that said Agreement for Maintenance of the State highway in the City is hereby approved and the Mayor and the City Clerk are. directed to sign the same on behalf of said City. ADOPTED this 28th day of June Mayor of the Zny of Newport Beach Attest•` City Cle k or the City Or Newpol I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held Jum 28th , 196S . C.lerk-or ° the Zrityor Newport Beach • ! STATE OF CALIFORNIA — HIGHWAY TRANSPORTATION AGENCY EDMUND G. BROWN, Govern" DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VII P. O. BOX 2304, LOS ANGELES 54 August 2, 1965 7- Ora -NptB Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 W Newport Boulevard Newport Beach, California Dear Sir: I Cl ry fd �YPORi Ofsci Attached is a fully executed copy of the Agreement for Maintenance of State Highways within the City, effective July 1, 1965- Very truly yours, A. L. HIMELHOCH Deputy District Engineer 1 By Ray J. ilson Asst i rict Engineer Maintenance Attach. RHN:tks RECEIVED AUG 6 1965 PUBLIC WORKS DEPT, 1�kk r Al Himelhoch , Doty District Engineer State Department of Public Work Division of =Highways, District 7 P. 0: Box -2304 Los Angelis 64,:.Califorpia 67 Attention: Mr. Ra :J.•.WilsoI 3 Ju44 1%5 r= = Assistant44trict Engineer Maintenancd.N Dear Mr. Himelhoch: Attached are the original and duplicate copy of the'Agreemept,for Maintenance of State Freeways in the City: of. Newport Beach, effedtive Ju4 it . 1965. Execution of the Agreement was authorized by the City.Council of the City of Newport Beach on June 28;,;1.965 by the adoption of Resolution 6174, a certified copy of which is attached hereto. - • T Very .truly yours, 9� Margery Schrouda=. City Clerk' City of Newport Beach, MS: cl. (3) cc: Public Works. Director 4 t r� i •y. f • 3 JUNE 28, 1965 T0: CITY COUNCIL FROM: CITY MANAGER SUBJECT: REVISED MAINTENANCE AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH RECOMMENDATIONS: 1. APPROVE REVISED MAINTENANCE AGREEMENT. 2. ADOPT .A RESOLUTION AUTHCR IZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT. DISCUSSION: j, v AS A RESULT OF RECENT NEGOTIATIONS BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE DIVISION OF HIGHWAYS A NEW AGREEMENT HAS BEEN PREPARED THAT WILL SUPERSEDE THE PREVIOUS HIGHWAY MAINTENANCE AGREEMENTS. THE AGREEMENT HAS BEEN MODIFIED TO INCLUDE THE SWEEPING OF NEW- PORT BOULEVARD SOUTH OF COAST HIGHWAY. THIS NEW AGREEMENT WILL PROVIDE FOR A MAXIMUM EXPENLITURE OF $8,845 PER YEAR BY THE CITY FOR THE CLEANING AND LIGHTING OF COAST HIGHWAY AND THE CLEANING OF NEWPORT BOULEVARD FROM COAST HIGHWAY TO FINLEY STREET. THE AGREEMENT NOW IN EFFECT PROVIDES FOR A MAXIMUM EXPENDITURE OF $7,125 PER YEAR BY THE CITY. JTD:VR i JAGIL: r -6_ HARVEY L. HURLBURT CITY MANAGER 0 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTHOT To: City Clerk From: City Attorney June 25, 1965 Subject: Maintenance agreement with Division of Highways Transmitted is the original of the agreement with the Division of Highways for the maintenance of state highways in the City effective July 1, 1965, which has been approved as to form. The attached resolution, if adopted by the City Council, will approve said agreement and authorize its execution on behalf of the City. This was taken from the form transmitted by the State attached to the subject agreement. THS:mec Encs. cc - City Manager Public Works Director Tull H. Se ur City Attorney Rxr•.• T m C'T!' OF CAINORMIA- MIOMMlAT D &MONL Of !' UIC WOMR{' DIVISION OF HIGHWAYS DISTMCT YM O. WX 2W WEANOan K -fine 8, 1965 '7 3 -NDtB Mx. � ph T. Devlin '- Direcyp of Public works City tf` Newport Beach. 3300 W. Newport Boulevard Newport Beach, California Sir: _. Attached are the original and two copies of the AgrerEt for Maintenance of State Highways in the City Of Newpo Beach beginning July 1, 1965. This ree aedea all revious highway msiotenanoe sgrssissnts and amendments wh c ave en : -its purpose is to increase areas to be swept by City on Coast Highway, Route 1. Assign sweeping on certain portions of Newport Boulevard, Route 55a, to City. Upon your review and approval by the City Council, t:he- original and duplicate should be returned to this office - for completion by the State. The triplicate may be retained for lour use pending receipt of the fully ezecuted duplicate. Very truly yours, A. L. HIMELHOCH Deputy District Engineer 'At d : vn iv Asst District Engineer Maintenance RHNrtks Attach. 1 L UPI t Ctt-m ATE OF CALIFORNIA - :D MEN T F : PUBLIC W. F *H HIGH.. jr 7i'm AGRZ&iENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF ItSWPOM MACH THIS AGREEMENT, made and executed in duplicate this �� ✓ day of , 19 by and between the Department of Public Works of the State of California, acting by and through the Division of Highways, hereinafter called the "Department" and the City of RRUPopt aaaah , hereinafter referred to as "City ". W I T N E S S Z T H: 1. RECITALS: The parties desire to provide for the maintenance of State highway routes within the city ae provided in Section 130 of the Streets and Highways Code, and to arrange herein for the parti- cular maintenance functions,to be performed by the City and those to be performed by the Department and to specify the terms and conditions under which such work will be performed. .2. AGREE -TENT: This Agreement shall supersede all previous Agreements and Amendments which have been executed. In consideration of the mutual covenants and promises herein contained, it is agreed: The City will perform such maintenance work as is specifically delegated to it and the Department will perform those particular functions of maintenance not otherwise assigned to the City on the State highway routes or portions thereof all as hereinafter de scribed under Section 21 and 22 hereof or as said sections may be subsequently modified with the consent of the parties hereto acting by and through their authorized representative. 7- Ora -*Pta 7 -1-65 3. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. "(a) The preservation and keeping of rights -of -way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment and other facility, in the safe and usable condition to which it has bean improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, alidea, settlements or other unusual or unexpected damage to a roadway, structure or facility. The degree and type of maintenance for each highway, or portion thereof, shall be determined in the discretion of the authorities charged with the main- tenance thereof, taking into consideration traffic requirements sad moneys available therefor." 4. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement as hereinafter specified or as may be prescribed from time to time by the District Engineer. "District engineer ", as used herein, means the District Engineer or . Assistant State Highway Engineer of the Division of Highways assigned to the territory in which the city,is located, or his authorized representative. 5. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care- imposed by law. -2- �_ 7- Ora -xpts 7 -1-65 It is understood and agreed that neither the State, the Department, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4,9 City shall fully Indemnify and hold State harmless from 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 understood and agreed that neither City, nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the Department under or in connection with any work, authority or jurisdiction not delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, Department shall fully indemnify and hold City harmless from any damage or liability occurring by reason of anything done or omitted to be done by Department under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. 6. HIGfrdAY, as used herein, refers to the whole right -of -way which is secured or reserved to use in the construction and maintenance of the roadbed and roadsides as hereinafter described. -3- i 7- Ora -NptB 7-1-65 7, ROADBED means that portion of the roadway extending from curb line to curb line or shoulder line to shoulder line. f3, IDIF'ROVED ROADSIDES relates to the area between the roadbed, as defined under Section 7, and the right -of -way boundary lines, including curb and sidewalk, as hereinafter described but excluding drainage structures or waterways. 9. UNIMPROVED ROADSIDES relates to the area between the I roadbed and right -of -way boundary wherein curbs and sidewalks do not exist. 10. CURBS relates to a timber or a masonry structure separating, or otherwise delineating the roadbed from the remainder of the hiP,h *.ray. 11. SIDEWALK applies to the paved or otherwise improved surface area between the face of curb and right -of -way boundary, including paved entrances or driveways, 12. BRIDGES, as used herein, refers to structures of a span of more than twenty feet (201) measured under the copings along the centerline of the street and multiple span structures where the individual spans are in excess of ten feet (101) measured from center to center of supports along the centerline of the street. All other cross drainage structures will be classified as culverts. ROUTINE MAINTENANCE 13, ROUTINE MAINTENANCE to be performed on the roadbed or roadsides shall consist of such work as patching, crack sealing, care of drainage, upkeep and repair of bridges, culverts, guard -4- 7- Ora -NptB V 7 -1-65 rail, median barriers, curbs and sidewalks, operation of draw- bridges, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic accidents, control of road- side vegetation, care of landscaped areas, trees or other ornamental plantings, and upkeep and operation of traffic service. devices, all as hereinafter specified. Maintenance of landscaped areas or other grnamental plant- ings will be performed and paid for by the Department. The Department will not, however, perform the work or pay for the upkeep and care of grounds or facilities used as a public park. Routine tree maintenance shall be limited to minor trimming as required to improve sight distance or to the occasional removal of dead or low overhanging limbs. Extensive tree reconditioning work, spraying or removal are not routine maintenance operations and will not be paid for unless such work is specifically author- ized by the Department. The above shall not be construed as restricting, prohibiting or otherwise relieving the City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic. Sweeping and cleaning shall be limited to the removal of dirt or litter normally- coming onto the roadbed from the action of traffic or from natural causes. The Department will not under- take nor pay for picking up or disposing of rpbbiah or debris swept into or otherwise placed on the highway from abutting property. The extent of sweeping and cleaning on the State highways shall not be greater than customarily done on comparable city streets. -5- 7- Ora•NptH 7 -1-65 Maintenance work to be per2'orVd within the area designated as Improved Roadsides shall include the removal of dirt and litter as referred to above and such sidewalk inspection and action towards repair of sidewalks, curbs or other facilities as is necessary to keep them in a reasonably safe condition. The City agrees to follow the same policy and procedure generally followed by it with respect to streets of the City in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as hereinafter referred to shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation. Care of landscaped areas, ornamental plantings, trees, and road signs, and the upkeep and operation of traffic signals and highway lighting facilities located or based within the Improved Roadside area shall not be undertaken by City unless such work Is specifically delegated under Section 22 of the Agreement. Bridges, as defined under Section 12, will be investigated by a representative of the Department's bridge engineering staff once each year and oftener, if considered necessary. In addition to such annual investigation, routine maintenance to be performed under provisions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair of the minor - defects when the cost does not exceed $300. The District Engineer shall be immediately notified of major defects as are -6- 7- fta -xyts 7 -1-65 hereinafter defined. Bridge repair work of tin@ in excess of X300 on a single structure shall be ,considered as being a major repair project. Except in the case of emergency, such major repair projects shall conform to the methods and procedure to be recommended by the Department. Major bridge repair is not a routine maintenance operation and will require specific authorization. TRAFFIC SERVICE 14. •WARNING, AND REGULATORY SIGNS shall conform to the specifications adopted by the Department, or as otherwise specifically authorized by the Department. Positioning of such signs shall conform to standards adopted by the Depart- ment. Unless specifically authorized, the Department will not maintain or pay for maintenance of Regulatory Signs installed for the purpose of stopping vehicular traffic at pedestrian or school crossings nor the Regulatory Signs installed for the prohibition or the regulation of parking. 15. TRAFFIC STRIPE AND PAVEMENT MARKINGS shall conform to the Standards established by the Department. Except for the red "No Parking" zones at the approach to and exit from intersections controlled by traf *'ic signals, the Department will not pay for curb painting or parking lines as may otherwise be required for the regulation of parking. The cost of maintaining pedestrian crosswalks at inter- sections shall be shared between the Department and City in the same ratio as the number of intersecting roads or streets under -7- 7- Ora -NotB 7 -1-65 jurisdiction of the respective agencies bears to the total number of intersecting City Streets, State 4ghways and County Roads within the particular into "" fiction; for example, a 50 -50 basis will apply t o the regular cd PP y gu a�. street intersection wherein a County Road is not a factor. 16. TRAFFIC SIGNALS, FLASHERS OR OTHER ErECTRICALLY OPERATED TRAFFIC CONTROL DEVICES: The cost of maintaining and operating traffic signals or other electrically operated traffic control devices now in place or those which may hereafter be installed j at the intersection of any State highway route and any City street shall be shared between the Department and the City on the basis of the number of intersection streets In the same manner specified for crosswalks under Section 15, 17. HIGHWAY LIGHTING: The Department will not pay for the maintenance, installation, repair, servicing, nor power for electro- liers nor ordinary street lighting; however, lighting at intersections, when required for the safety of persons using the streets, roadways or highways, will be paid for when approved and specifically authorized by the District Engineer. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the Department and the City on the basis of the number of intersecting streets to the intersection in the same manner specified for pedestrian crosswalks under Section l5. 18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITI`ISS as defined under paragraphs 16 and 17 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the 7- Ora -NptB 7 -1-65 City from the Department of the completion of any such installation. PERMITS 19. ENCROACHMENT PERMIT3.e•. When authority to issue encroachment Permits is delegated to the City, the authority shall pertain to all parts of the highway throughout the particular length of streets indicated under Section 22 'of the Agreement. Permits shall be issued on a form provided by the Department and the City will furnish a copy of each permit to the Department. The City agrees to follow such general State policies regarding encroachments as may be specified by the District Engineer. Routine permits shall be handled by the City without approval, but prior approval of the District Engineer shall be secured before any permit is issued for the original installation of any utility line, commercial driveway, or other major encroachment within the highway right -of -way. No sign or marquee shall be permitted to be installed within or project beyond the curb line or theoretical curb line, and no sign of any kind except warning signs at railroad crossings shall be permitted to be suspended over the roadway. Marquees or signs extending over the sidewalk area shall conform to the City's Building Code and shall be maintained in a good appearing and structurally safe condition at all times.. An existing sign or marquee suspended or projecting over the State highway that constitutes a hazard shall be immediately repaired or removed. If the City by ordinance or other regulation imposes more restrictive regulations and requirements regarding signs and marquees than above set forth, nothing in these provisions shall be construed to prevent the.City from enforcing such restrictive regulations in the granting or refusing of permits with respect -9- 7- Ora -Npts to any State highway. 7 -1-65 I The Department will pay for As cost of inspection of such signs, marquees, and other encroachments as a part of maintenance, provided that the City shall'comply with its usual polio with respect to collecting costs from permitess in such cases 48 fees or charges are made by the City for similar work on City streets. Any amount so collected by the City with respect to any State highway shall be credited against the charges made by the City for such work. 20. TRANSPORTATION PERMITS: Transportation permits will be required for all vehicles and their loads which exceed the limitations specified under Division 15 of the California Vehicle Code. Where authority to issue Transportation Permits is delegated to the City, such authority shall pertain only to travel that originates and terminates within the corporate limits and it shall not apply to through haul transportation. In issuing such permits, the City shall follow the policies and regulations established -by the Department for the issuance of transportation permits as set out in the Department's Maintenance Manual of Instructions in effect at the time such permits are issued, including, specifically, limitations upon the crossing of bridges and overcrossings detailed in Section 26.63 and Plate 118 thereof. -10- 7- 0ra -NptB 7 -1-65 21. ROUTE DESCRIPTION ROUTE LENGTH NO. MILES DESCRIPTION OF ROUTING, 1 6.45 COAST HIGHWAY tram southeast city limit 1501 southeast of horning Canyon Rd., PM 1$.07, to northwest eity limit near Us Santa Ana River 'PR 21.52, a length of approximately 6.45 miles. 55a 0.23 NEWPORT DOUMABD from Finley Ave. PR 0.00 to, but not including, S/W and S/8 Ramps for Coast Highway, PX 0.23, a length of approximately 0.23 mile. 55b 0.74 ) WPORT B09MARD from S/w and S/E ramps for Coast Highway, PN 0.23 to north city limit at 15th Street, PX 0.97 a length of approximately 0.74 mile. 73 2.04 NACARTHUR B01=VARD from Coast Blvd., PN 0.00 to north city limit near Ford Road, PX 2.04 a length of approximately 2.04 miles. -11- 7 -0ra -00 7-1-65 i ' 220 DELEGATION OF MAINTENANCE: The maintenance work to be performed by City and /or Department shall conform to the provisions hereof and shall include those operations 'an hereinafter indicated: AGENCT TO PERFORM WOE K Item MAINTENANCE FUNCTION e' No. 1 559 55b 73 V A U A V A V A (Roadbed ............. X 1 (Iaproved Roadside... x x 5t x X 5 X X ((Unimproved Roadside. X X 5 X X 5 X X 2 Bridges and Culverts x I I X I X I X. Guide Siggns......... x X X X Warning Signs....... X X X X Regulatory Signse.ee X X X X 3 Traffic 3tripe.....e Markings... X X X Pavement X Traffic Signals..... X X X X Highway Lighting.... X X X X X (Guard Rail.......... X X X X (Median Barriers..... X X X b Sweeping do Cleaning X (1) X (2 x (3) 1 x �! 5 *(Landscaped Areas.... X X X X [Y (Trees ............... x x 6 Curbs and Sidewalks.. x ISSUANCE OF PERMITS Encroachment......,.. X X X X T s s ortatio ... * When and as specifically authorised by the District Engineer as provided under Section 13 hereof. Length of street to be cleaned 10.00 Curb miles. a x 11fl n n x a 3j x x x x x n "� s e (1� (5) The City will de the work of removing dirt and litterfrom the roadsides. -12- 7- Ora -NptB 7 -1-65 23. EXPENDITURE AUTHORIZATION: The Department will reimburse City for actual cost of all maintenance work performed by City as delegated under Section 22, but it is agreed that during any fiscal year, the maximum expenditure per mile on any route shall not exceed the amount as shown on page 14 hereof (of the Agreement), unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. The expenditure per mile for routine maintenance work as referred to above may be increased or decreased or an additional expenditure for specific projects may be made when such specific work or adjustment of expenditure for routine maintenance is specifically authorized in writing by the State Highway Engineer or his authorized representative. Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per, mile as hereinafter specified. An adjustment of the maximum expenditure shown on page 14 hereof (of the Agreement), either increase or decrease, shall not affect other tome of the Agreement. -13- 7- Ora -NptB ROUTE NO. 1 55a 55b 73 LENGTH MILES 6.45 0.23 0.74 2.o4 -14- 7 -1-65 MAXIMUM EXPENDITURE PER MILE $ 1,300.00 2,000.00 0.00 0.00 j— Ora -NptB 7 -1 -65 24. SUBMISSION OF BILLS: The City shall submit bills monthly for the work performed. Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.. Not to exceed fifteen per cent may be added to the actual cost of equipment, materials and labor to cover overhead costs. 25. TERM OF AGREEMENT: . -This Agreement shall become effective July 1, 1965 and `shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto or upon thirty days' notice by either party thereof to the other. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Approval Recommended: r RJ W -Deptftr Dinrict Engineer a n enance ng neer Approved as to form and nrnmAAnrae By VII - 369 CITY OF NEWPORT BEACH By_ mayor '_ `�.•— cue..... % i„ _ _ �_ ty Cle STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS J. C. WOMACK STATE HIGHWAY NGINEER By -15- Doaty State �Fighway JUL 27 1965 r RESOLUTION N0. � . � 1 RESOLUTION OF THE CITY•C NCIL OF THE CITY OF NEWPORT BEACH APPROVING AGREEMENT FOR MAINTENANCE by STATE HIGHWAY IN TH CITY OF NEWKIM MACH WHEREAS, the State of California, through its Department of Public Works, Division of Highways, has presented an Agreement for Maintenance of the State highway in the City of Newport Beach effective as of July 1, 1965 and to remain in effect until amended or terminated. WHEREAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City. of Newport Beach that said Agreement for Maintenance of the State highway in the City is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. ADOPTED this a-�S - day of , 19 L.j . Mayor of th ty of Newport Beach Attest: Newport I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held Z , 19 S. or th t I o Newport Beach -16-