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HomeMy WebLinkAboutC-1122 - Reimbursement agreement for dredging Bay Island ChannelT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 67 (8) n C EEII BIBIAT AGREUMNT '" e( z �81nst BaY Island Channel) r.- T$IS AGRUNWO ..side and entered into this Z day of . 1967, by between the CITr OF NO MT BBACS, here- naftar erred to ak'':ftity ", and the COUWff MOM 4yt: T DISTRICT, hereinafter referred to as 'District"= RECITALS: A. The channel Usated between Bay Island and the Balboa leeinsula in Newport Bay has become filled with silt to the extent that the nnrisability of the shannel has been impaired. In addition, sand f a ',the, beaches adjacent to the channel has been eroded assay resulting in a diminution of the utility of the beach for public use. B. It has been determined that maintenance of said channel is a local rather than a federal responsibilE'ty, The City has proposed to the District that both public agencies join together in a maintenance dredging project for the purpose of deepening the channel and building up the beach adjacent to 8.dge- water Avenue. C. The governing bodies of the City and the District have decided that it would be in the mutual best interest of both entities to have the City act as contracting agent for the pro- posed maintenance dredging project with the District reimbursing the City for the cost of doing the work. D. Pursuant to the authority contained in Title 1, Division 70 Chapter 5, of the California Government Coda, entitled "Joint Powers Agreements", City and District hereby agree as follows: 1. City shall prepare preliminary plans and specific&- Lions for the dredging of the Bay Island Channel at no expense to 1! District, and shall transmit ,ie same to the County Diieetor of 2 Harbors, Beaches and Parks. Upon written approval of the pre - 3 liminary plans and specifications by said Director, the City shall 4 be authorised to award &,eeutract for the work and City shall be 5 responsible for supervising and inspecting the worth covered by 6 said contract. 7 2. District agrees 'to reimburse City for tbs cost of 8 said work up to a maximum amount of $3,000. District shall re- 9 imburso City within thirty days following receipt al an itemised 10 statement setting forth Districts share of the costs. District's i 11 obligation io reimburse City shall be-limited by the following 12 Conditions: 13 (a) The maximal quantity of dredging for the cost 14 of which District shall reimburse City shall be limited to 15 the amount of dredged material which can be disposed of on 16 adjacent public beacbes in accordance with the City AN, 17 standard beach profile, and the cost of any additional 18 dredging shall be assumed by the City. 19 (b) The cost of any other improvements such as 201 groins, bulkheads, ate., which are included in the project 21i shall be paid by the City. 22 3. City agrees to hold District harmless from any I I 23 damage or liability occurring by reason of anything done or omitted 241, to be done by City under or in connection with any work, authority 25 or jurisdiction delegated to City under this agreement. In addi- 26 tion, City agrees that, if any work within the scope of this 27 agreement is performed by a private contractor, such contractor 28 shall be required to name the Orange County Rarbor District as an 29 additional insured under any policy of public liability insurance 30 which such contractor is required to furnish for the protection of 31 City. 32 IN WITNESS WHERE018 City has caused this agreement to be f. I Ik � ... ...a '. ; l execuby.. Y ed`' iCe Ma or and attest Clerk, an$ Fiat. 2' .. caused this.ant to be Greco the Chairman of. Board o£;Supervisom", . . Orange fkiunty and attested by its Clerk, all 4 Y. t to duly autt►,a used 3lution of the City .'t icil arui 5 msnute r of the Board of %visors on the dates written 6 opposite their signatures. . 7 Cif or NEWPOFC!'';BFAti� 9 Dated t 1967. By )-'- — -- 10 .APPR.OvrD AS TO i0 ATTES 12 y Attorney CTTY U � . C .. 14 _ 15 ORANGE COU 0 DIS €`T 16 Dated: JUN 2-1. 1967 8Y �. .. .._... o 17 �. a lSupervisors' ©3 Oraz - APPROVED AS TO ib139: 18 ATTEST: ,. ADRIAN KUYPER, {X3UN ,COUNSEL'. 19 ORANGE COUNTY, CALIFORNIA W. E. ST JOHN ` C =`.K �f. County Clerk and ex- officio Clerk 20 BY of the Board. of supervisors J By 21 22 DISTRICT - - 23 24 25 2.6 27 28 29 30 31 32 „3 .it2�v. .e .. � .. ., .. uL. _a.�. w...F ...�. _. -v .. ..v z.s�b .. .._ k.4i.:.. -. li'c.Frs'."�it'�£F�.d'TP•�s e:1. �. > u... "�"`'.. • <:: ' ti0M 5,/1;1Ju7 (12) (I RESOLUTION NO,6575 1� A rMSOLJbION OF THE CITY COUNCIL OF THE CITY OF 2 NEWPORI BEACH AJJT£IOhIZI14G THE EY.ECIMO£3 OF A g r YMMURSEDEM AGR,M, Mi;T WITH TUC ORANUE COUNTY 3 HAIE BOR. DISTRICT FOR TEE DREDGING OF BAY ISLAND CIMMEL 4 iiNEREAS, the channel located between Bay Island and 5 61 tse Balboa Peninsula in Newport Bay has become filled with silt to the extent that the navigability of the channel has been 8 impaired, and send from the beaches adjacent to the channel has 9 b. eroded away resulting in a diminution of the utility of the to bea.,h for public used and 11) WHEREAS, it has been determined that maintenance of 12 said channel is a local rather than a federal responsibility, 13(i and the governing bodies of the City of Newport Beach and the 14 Orange County Harbor District have agreed to joins together in a 15 r iinteuance dredging project for the purpose of deepening the 16 i csa`uel and building up the beach adjacent to Edgewater Avenue; 17 I na 181 WHEEEASD'there has been presented to the City Council a 19 Reizbursemeut Agreement 'providing for such maintenance dredging 20� p^oject, with the City acting as contracting agent therefor and 21 the District reimbursing the City for the cost of doing the work; 221. s au 25 WIMREASa the City Council has considered the terms and 24 I conditions of said agreement and found them to be reasonable and 25 1 "51itable 26 27 28 29 30 31 32 WOW, THEREFORE$ BE IT RESOLVED that said agreement is approved and the .Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Bw:.a h. ADOPTED this .,,iz, day of A�.T'3T 1967. Y� ♦ • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6575 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the �,)th day of ,T„Mp 1967, by the following vote, to wit: AYES, COUNCILMEN: Rogem, parGnns, MarGhall, rruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 13th day of June 1967. / City Clerk and Ex- Officti�O Clerk of the City Council, City of Newport Beach, State of California i • a..�: , I � MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY. CALIFORNIA June 20, 1967 IN RE: REIMBURSEMENT AGREEMENT DREDGING OF BAY ISLAND CHANNEL CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Reimbursement Agreement, between the Orange County Harbor District and the City of Newport Beach, providing for the Orange County Harbor District to reimburse the City of Newport Beach for maintenance dredging of Bay Island Channel and the replenishment of sand on the adjacent public beach. IN RE: DEFENSE OF TRAFFIC VIOLATION CHARGE AGAINST ROAD DEPARTMENT EMPLOYEE REFUSE DISPOSAL DIVISION On mdtion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Board of Supervisors of the County of Orange finds that that certain traffic violation against a County refuse truck driver for spilling loads on a highway is brought on account of an act or omission in the scope of such County employee's employment, that his defense would be in the best interests of the public and that said employee acted in good faith, without actual malice and in the apparent interest of the County. The County Counsel is, therefore, directed to provide for the defense of such employee.' IN RE: JOINT EXERCISE OF POWERS AGREEMENT SAND REPLENISHMENT OF PUBLIC BEACHES ON BALBOA ISLAND CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Joint Exercise of Powers Agreement,.dated June 14, 1967, between the Orange County Harbor District and the City of Newport Beach. Said agreement establishes a special fund for sand replenishment of public beaches on Balboa Island. IN RE: LEASE MEETING QUARTERS TUSTIN WAR MEMORIAL, INC. AMERICAN LEGION TUSTIN POST 227 On motion. of Supervisor Hirstein, duly seconded and unanimously carried by Board members present, the Chairman Pro Tem and the Clerk are authorized to sign the Lease dated June 12, 1967, between the County of Orange and Tustin War Memorial, Inc., providing meeting quarters for the (benefit of American Legion Tustin Post 227, at 160 First Street, Tustin, ryr ♦ y� MAW 3 S R Off: m OUTUCT MR Tag OUDGMAY my 4 anft". . 7 to t q* "tmt that tm nxviA %li. ty of a* ohmmal his ban E:3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I�#iisyBdo mdC sand Irm the bo*Wws aAJirramai" to &A 11�IfIII1Mit1 �# b"mi. and Any resulting is a diminution of tbo VxLlity of tbo bo&01 Sbr Publ is use; Ana wwmm�t it has be*" de"Vre od t of !MIAs$ chancel to a u4#A r&o* i a f*4" -&l r1iap"alma .ty.p and the gc+wraiss bodies of the City of Newport tlo"&, ad dw Orati&e City Xanliat istr,,at h&Ve ASS 604 $ J t*S*V r in ai aAi.ntaorxsar<WW dredging project 141 tyre pub of 4s in tb* ahmaael and bat 1 xS sap Cho bsi h Adjacent ti tdgaWatW A ia; i * ttwv* bill Dom g u d to iii r4ty Comail, a ReimbersMout Agrse=Mt providing for were h esieaEteftmak drresdgift Pzgjo�t, W),th the City dating " umm tr#at 404t; tbatrefor and tthO 018t~e144 r*UkWeIng tbAD C tg IOX the ssimit Qt 40129 dW Wrh; 40d tb* City; Ccaumi.l b" w4moider ed N toms imd (4CA411.4mm ee said Agromment and famd Shsa W be roaDODAMA aced equitable; r MSUFMO BA IT iit'SEfo" tbat said. "ree mmat is sffmvei &W the MOVOT mid City Cleric we herceioy auth'issstd am &Lft rta d to Mxi6ttW ttrs arise on belrilf of the city of Newport i-= AAIDFM this .1" day at ATTUT i V/ ULCY e 1969, 9 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1122 Date July 19, 1967 Authorized by Resolution Nob575 adopted on Jong 12 1967 Date Mayor and City Clerk executed Contract June 14, 1967 Effective date of Contract Contract with Qrange County Harbor District Address 515 N. Sycamore Santa Ana, California Brief description of Contract Reimbursement Agreement (Dredging of Bay Island Channel) Amount of Contract $3,000 City Clerk ih Att: aa��s 4 THIS AMINOW, made and entered into this ;,; day o 1%7, by snd between the CITY OF VMWlftV UWH, here - 6 iaafter referred to as "CMWI$, amd the c A= COMM SAUM 7 DISTSIC'l, hereinafter Warred to as "District "; 8I 9I Ae The channel located between fay Island and the 10 Balboa Peninsula in Newport Hay has become filled with silt to 11 the extent that the navigability of the cbanaal has been impaired. 12 In addition, sand from the beaches adjacent to the ebamnsl has 13 bests eroded away resulting is a diminutioa of the utility of the 14 beach for public use. 15 B. It bas been detestsined that maintenance of said 16 channel is a local rather then a federal responsibility. The 17 City has proposed to the District that both public *Semi" Join 18 together in a maintenance dredging project for the purpose of 191 deepening the channel and building up the beach adjacent to 8dga- 20 water Avenue. 21 C. The governing bodies of the City and the District 221! have decided that it would be in the mltnal best Interest of both 23 entities to have the City act as contracting agent ZW the pro - 24I posed maintenaaee dredging project with the District reiabursing 25 the City for the cost of doing the worst. 26 D. Pursuant to the authority ooatained in Title Is 27 Division 7, Chapter 56 of the California Government Coda, entitled 28 "Joint Powers Agreements ", City and District hereby agree as 29 follows: 30 AGEt6_� 31 16 City shall prepare preliminary plans and specifica- 32 bons for the dredging of the Say Island Channel at no expense to i 1 I Di"!* and shall transdt %hs mama to the County *ftvaw of 2 II Rs tbors Bombes and Parks. .ion written approval of Am }1`s- 3 limiaary plans and speeificaeions by said Director, the City shall 4 1 be authorised to award a contract for the neck and City shall be 5 responsible for supervising and Inspecting ties we* covered by 6 said contract. 7 a. District awes to reimburse City for the cost of 8 said work up to a maximum amomt.of $39000. District Shall rs- 9 imburse City within thirty days following receipt of an itemised 10 statement setting forth Districts share of the costs. District's 11 obligation to reimburse City shall be limited by the following 12 conditions: 13 (a) The maximum quantity of dredging for the cost 14 of which District shall reimburse City shall be Limited to 15 the amount of dredged material which can be disposed of on 16 adjacent public beaches in accordance with the City's 17 standard bomb profile, and the cost of any additional 18 dredging shall be accused by the City. 19I (b) The cost of any other improwsents such u 20 groin&, bulkheads, etc., which are included in the project 21 shall be paid by the City. 22 3. City agrees to hold District hermius from any 2.3 damage or liability occurring by reason of anything done or omitted 24 to be done by City under or in connection with any work, authority 25 or jurisdiction delegated to City under this agreement. In addi- 26 ttoa, City agrees that, if any work within the scope of this 2711 agraeseunt is performed by a private contractor, such contractor 28 shall be required to name the Orange County Harbor District as an 29 additional insured under any policy of public liability insurance 30 which such contractor is required to furnish for the protection of 31 City. 32 IN WITR M WHERNW. City has caused this agreement to be 2. 1 f f ( ! U 1: 1; 1; 1� 1, li 1' 1! 1! 2( 2: 2, 2, 24 2,1 2( 2 2E 2S 3C 31 34 mated by its Mayor and art by ita Clark, 40stricse her nab this agreement to bo gjicuted by tbo Cbsivaft".af the bard of Supskrisors of pV&W COJntp and attested by its Clez%o all thereunto duly rtfitbm by resolution of tU City Cows"I Cows"' and aioeute order of the SOS4 of S>ApervisOra on the daW► written apposite their signatures. CITY OF =am BYACa Dated: , 1967. By •rte-- -t � . ATT�046 CITY UUM E CCRtl1TY BAUM DISTRICT I Dated: . 1967. By $epatviaous of Oranp Comaty APPRO'ItED AS To IrMt ATYBST: AMI M KUYMq COUNTY COUNSEL ORAMS3E CWVTY, CAT.iS'4'JSMIA W. E. ST .Sow, County Clark and ex- offiais Clerk By of the bard of Supervisocc By B. DISTRICT CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney June 6, 1967 Subject: Agreements with Orange County Harbor District Transmitted are the following: J —b 1. One copy of proposed Reimbursement Agreement for the 12 1 dredging of Bay Island Channel. 2. Resolution which, if adopted by the City Council, will approve said agreement and authorize its execution on behalf of the City. 3. One copy of proposed Joint Exercise of Powers Agreement for the maintenance, protection and sand replenishment of Balboa Island beaches. 4. Resolution which, if adopted by the City Council, will approve said agreement and authorize its execution on behalf of the City. We have been requested by the Public Works Director to transmit these resolutions for consideration by the City Council at their meeting on June 12, 1967. THS :mec Atts. cc - City Manager Public Works Director A/V,TuSeymou City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ts> (Dradgiteo: ed' land Shant�sl) TRIS AMMMMO made and entered into this day of l"70 by and betwese. the CITY Of itMWORT UAACSP here- s. ; inafter referred to "City" sad the CBA= COMM 2MR M DISTdtICTo hereinafter wed to as 'District "; I&SCIT : A. The channel located between Say Isimd cad the Balboa Peninsula in Newport Bay has become filled with silt to the extent that the navigability of the channel has been lapaired. In additions sand from the beaches adjacent to the channel has been eroded away resultUM is a diminution of the utility of the beach for public use. B. It has been determined that maintenance of said channel is a local rather than a federal responsibility. The City has proposed to the District that both public sgenciss join together in a maintenance dredging project for the purpose of deepening the shsnnel and building up the beach adjacent to Edge- water Avenue. C. The governing bodies of the City and the District have decided that it would be in the mutual best interest of both entities to have the City act as contracting agent for the pro- posed maintenance dredging project with the District reimbursing the city for the cost of doing the work. D. Pursuant to the authority contained in Title Is Division 7, Cbapter 5, of the California Government Codes entitled "Joint Powers Agreements". City and District hereby agree as follows: A=ESKW 1. City shall prepare preliminary plane and specifies - tiona for the dredging of the Bay Island Channel at no expense to �. 1 J � At 1 District, and shall transmit > same to the C 0,dw ftractor of 2 Harbors, Daasbes said Paris. ° written appro"i Of the Pro - 3 lisinary Plans and specifications by said Si ector, the Cie ,bail 4 be authorised to award a contract for the wgsk and City,,$Wl be 5 responsible for superviai% and inspecting the wosic "Vgred by 6 said contract. 7 Z. District agrau. is reimImmse City for the cast of 8 said work up to a ma:isms smwm* of X9,0000 district *ball Va- 9 imburse City within thirty days following rieeipt of an itstised 10 statement setting forth rut's share of the casts. Kstriet's 11 obligation to reimburse City shall be limited by the followin 12 conditionst 13 (a) The maxima quantity of dredging for the cost 14 of which District *hail raimburso City aball be limited to 15 the smUawt of drodgid. material which can be diagesed of an 16 adjacent publie bamboo in aseardstrse with the City's 17 standard. bomb profile, end the seat of my additional 18 dredging shall be sssmsad by the City. 19 (b) The oast of airy otker improvements such as 20 grains, buWAsads, eta., orhich are included in the project 21� shall be paid by the City. 22 3. City agrees to hold District hasaless from any 23 damage or liability occurring by reason of anything.dons or emitted':. 24 to be done by City under or IA connecti" with any work, authority 25 or jurisdiction delegated to City -under this agreement. 2n addi. 26 tisn, City agrees that, if any work within the scope of this 27 agreement is petrfernad by s private contractor,, such contractor 28 shall be required„ to >11►ms the Orange County Harbor District as an 29 additional insured Under any policy of lie liability ity inauranca 30 which such contractor is required to fwaish for the protection of 31 City. 32 2N i r=nS WH[0=, City has cawed this agreement to be. - -. . - - ,. �• :k ..ntYi+`",. .;gym ,,... ,I !%y its Ma AM atte� Syr its Cleric, and Pisiriet ham" 2 caused this aV:vwn,.nt to be ere the Chairman of the Board of Supervisors' On9nRe Country' and a4t t� by. its Clerk, all � 4 thOMunto duly tAjj6kfled by r^_solirti `tits" City Council and 5 minuCye cs -,der of the 6k d of Supervisors or. the dates written ' 6 opposite their simuLtmea. ry 'CITY OF IMPORT HF.AGI 9 Dated,: , 1967. By --• " 10, APPROVED *To iorv: A' -I'MT: 12 U City erk 13 rM 14 15 opmm COTt& HARIM, DISTRSCT { 16 Dated: 1989: Pq zr an or of 17 cuperviopm of Orenre.County . APPROVED -AS.TO FOR"1: 18 ATTEST: ADRIAN nYPER, CHUM t:W;SEL 19 ORANGE COt�1TY, CALIFONaA W. E. ST JOHPI; rCKMty Clerk .and a ,officio C1ei* 20 By of the <P*Md of Supervisors 21 By 22 23 24 25 26 29 I. 28 29 30 Jl 32