HomeMy WebLinkAboutC-1821 - Recreational use of tidelands at Bayside Drive (sailing)CITY OF NEWPORT BEACH
CALIFORNIA
DATE April 27, 1977
TO: FINANCE DIRECTOR
FROM: City Clerk
City Ilan
3300 W. Newport Blvd.
Area Code 714
SUBJECT: Contract No. C -1821
Description of Contract Recreational Use of Tidelands at Bayside Dr. (Sailing)
Authorized by Resolution No. 8786 ,_adopted on June 14, 1976
Effective date of Contract June 29 1976
Contract with Oraaae rionnty
Address p.0. Box 1078 Attn: Larry M. Leaman
Santa Ana, CA 92702
Pmount of Contract -0-
City Clerc
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
June 29, 1976
IN RE: AUTHORIZE PUBLICATION OF SYNOPSES IN THE ORANGE CITY NEWS
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Clerk is instructed to publish the Synopses of the Minutes
of the meetings of the Board of Supervisors of Orange County in the
Orange City News during the months of July and August, 1976..
IN RE: AGREEMENT TENTATIVE PARCEL MAP NO. 1590 RICHARD L. FERGUSOI
On motion of Supervisor Riley, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement,
dated June 29, 1976, between the County of Orange and Richard L. Ferguson,
guaranteeing the construction of private road improvements on Arabian Lane
and Hamilton Trail in compliance with the conditions of approval of
Tentative Parcel Map No. 1590, located on the southeasterly-corner of LivE
Oak Canyon Road and Arabian Lane.
Bonds Nos. 081108 in the sum of $4,100.00 each, to guarantee
faithful performance and labor and material for construction of private
road improvements on Arabian Lane and Hamilton Trail on Tentative Parcel
Map No. 1590; Agreement No. 5576 -153H, with Richard L. Ferguson, as
Principal and The Central National Insurance Company of Omaha, as Surety,
are approved.
IN RE: AGREEMENT USE OF COUNTY TIDELANDS CITY OF NEWPORT BEACH
On motion of Supervisor Riley, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement,
dated June 29, 1976, between the County of Orange and the City of Newport
Beach to allow the City to utilize County tidelands located at 1901
Bayside Drive in Newport Beach in the City's recreation program, as
recommended by the Director of the Environmental Management Agency in his
letter dated June 29, 1976.
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PLEASE RFTURN T0, .,,:.'+; • •
r,ITY CL E RK 1
CITY CF NEWPORT BEACH RECEIVED
33 ,20 NEWPORT BOULEVARD JUL 0 G
NE.4T BEACH, CALIF. 92660 i9 %6
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1 A G R E E M E N T
3' THIS AGREEMENT is made and entered into this day of
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1976, by and between the CITY OF NEWPORT BEACH, a
5:: mulipal corporation, hereinafter referred to as "CITY," and the COUNTY
6i Or ORANGE, a political subdivision of the State of California, hereinafter
referred to as "COUNTY;"
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RECITALS:
1. COUNTY is the operator of a public beach and dockage facilities
located on County tidelands in Newport Harbor at 1901 Bayside Drive,
within the limits of City.
2. COUNTY is desirous of maximizing public use of said public
facilities and encourages all organized recreation activity which will
not interfere with the full public use thereof.
3. CITY wishes to conduct organized recreational aquatic activities
at said location for the benefit and enjoyment of the public.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1. CITY may conduct public recreation aquatic_ programs and activi-
;ties on said public facilities of a type and on a schedule acceptable
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Ito the Director, Environmental Management Agency. CITY shall submit all
;planned organized recreation and activity programs to Director for
japproval.
2. Recreation programs and activities may be conducted by CITY to
;the extent that facilities are not unreasonably restricted from enjoyment
by the general public which does not desire to engage in such organized
recreation programs and activities.
3. CITY may charge for participation in said public recreation
!programs and activities, providing all charges and fees receive previous
japproval by the Director, Environmental Management Agency.
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i 4.1 All recreation programs and activities conducted by CITY shall
be available on an equal basis to all residents of Orange County. CITY
3`shall not discriminate in its charges or in any other manner between
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k'City residents and other residents of Orange County.
5_ CITY shall erect appropriate signs notifying public visitors to
6i. the site of the program availability and also instructing participants
in the program to park on nearby public streets and not in the County
o; parking lot at subject address.
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6. This Agreement is for use of existing facilities only. CITY
shall not construct improvements or alter existing facilities without
prior written approval by the Director, Environmental Management Agency.
COUNTY will not provide recreational and athletic supplies or construct
any presently non - existing facilities as a result of this Agreement.
7. CITY shall name the County of Orange and the Orange County
Harbors, Beaches and Parks District as additional insureds under CITY's
public liability and property damage insurance coverage and provide
,certificates of insurance so indicating,as well as evidence of workers'
compensation insurance coverage.
8. CITY shall indemnify and save harmless the County of Orange and
20 the Orange County Harbor
21 for damages arising from
22�i 9. CITY shall keep
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s, Beaches and Parks District from all claims
conducting said recreational programs.
said public facilities clean and free of all
resulting from its recreation programs and
10. COUNTY reserves the .right to enter into similar agreements with
;other agencies and groups for the recreational use of said regional park
f:acilitics and will coordinate schedules of all such agencies or groups.
11. Nothing herein shall be construed as authority for CITY to
conductor grant licenses for the conduct, solicitation, or sales of any
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merchandise, and none shall be permitted unless previously approved by the
:Director of the Environmental Management Agency.
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1.2. The 'term of this Agreement is from date of execution by COUNTY
through December 31, 1976, subject to annual .renewal by mutual agreement
'of both parties.
"': 13. This Agreement may be terminated by either party giving the
'!.;other at least thirty (30) days' written notice of such intention.
14. CITY will, on or before November 1, 1976, provide to COUNTY a
;;written report describing the program accomplishments in terms of
.attendance, city of residency of participants, and general public response
'IATTEST:
lei i
1-,
City Clerk
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13 RECOMMENDED FOR APPROVAL:
1 ?'Cai Steuart, Director; Park
,�" and Recreation, City of
Newport Beach
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ii ATTEST:
lg! WILLIAM E. ST JOHN
.County Clerk and ex- officio Clerk
19 'i of the Board of Supervisors of
I! Orange County, California
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![BY
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Deputy
2.
i;RECO�,llMED1DED FOR APPROVAL:
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,I. C. Osborne, Director
I'L:;vironmental Management Agency,
`'' iCounty of Orange
CITY OF NEWPORT BEACH
Mayor
"CITY"
APPROVED AS TO FORM
Date:
CITY. Y
ATTORNE
Sy-. ---
COUNTY OF ORANGE
By
Chairmah of its Board of Supervisors
C. I."1I'PROVED AS TO FOR14:
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ADRIAN KUYI'ER, COUNTY COUNSEL,
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3- ;County of Orange
cm Deputy
3.
"COUNTY"
June 21, 1976
County of Orange
Environmental Management Agency
Development Division
400 Civic Center Drive West
P.O. Boa 1078
Santa Ana, CA 92702
Attention: Larry M. Leaman
Subject: Agreement for Recreational Use of Tidelands at Bayside Drive
Enclosed are the original and three copies of subject agreement which
have been executed by the City and which are now ready for the Board of
Supervisors signature.
Said agreement was authorised by the City Council on June 14, 1976 by
the adoption of Resolution No. 8786 (certified copy enclosed). Also
enclosed is a certified copy of the Minute page on which the resolution
appsers.
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Please return a fully executed copy to pyfoffice for inclusion in the
official records,
Doris George
City Clerk
DG:eg
Enclosures
cc: Cal Stewart
PB 6 R Director
C
H. G. OSBORNE
DIRECTOR
r OF
N G E
ENVIRONMENTAL MANAGEMENT AGENCY
DEVELOPMENT DIVISION
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CA.
TELEPHONE: 830 -2300
AREA CODE 710
MAILING ADDRESS
P.O. BOY 1078
SANTA ANA, CA. 92702
C.R.NELSON
DIREC TOR
ASSISTANT DIRECTOR MAY 2 0 1976
DEVELOPMENT FILE NL -0 -2
Mr. Cal Stewart, Director
Parks, Beaches and Recreation Department l
City of Newport Beach J'•
City Hall - 3300 W. Newport Boulevard
Newport Beach, California 92662
Dear Mr. Stewart:
This is in reference to your request for an agreement between the County
and your city for recreational use of County Tidelands at 1901 Bayside
Drive. Such an agreement has been prepared,/"reviewed and approved by County
Counsel and is enclosed.- lease it executed by your mayor and returned
with a copy of the. y Council Minut authorizing said execution. We will
then submit it tol(the Board of Supervis rs for execution after which you will
receive a fully executed copy for your ecords.
Due to the short time froe before the forthcoming summer recreation season '
you may wish to now i�t�ate action to obtain the required insurance certifi ate
as well as submitting y ur proposed schedules and fees. This would save time in
allowing your program't� begin immediakely upon the Board of Supervisors execution
of the agreement. �'
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If you have any grtestions please do not hesitate to call me at 834 -3808.
Very tr/u,' yours,
L yM. �eaman, ctVVing Manager
Recreat of n Programs
LML:slm
Enc. (1) Agreement
RESOLUTION NO. 8736
A RESOLUTION OF '
OF NEWPORT BEACH
CLERK TO EXECUTE
OF NEWPORT BEACH
RECREATIONAL USE
BAYSIDE DRIVE
CHE CITY COUNCIL OF THE CITY
AUTHORIZING THE MAYOR AND CITY
AN AGREEMENT BETWEEN THE CITY
AND THE COUNTY OF ORANGE FOR
OF COUNTY TIDELANDS AT 1901
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the County of Orange for the
recreational use of County tidelands at 1901 Bayside Drive;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 14th day of June , 1976.
Mayor
ATTEST:
City Clerk
DDO /bc
6/3/76