Loading...
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 r, 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. F 1013 -2.2 ^i:d' 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 JF E. M. q 1 A G R E E M E N T 3' THIS AGREEMENT is made and entered into this day of ;i 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;" 9' i 10i i 11 I 12 I. 13 I 14 I, Lt 1 LLz= i5 °D0 � ° u 16 LL O F Z O I O� 1! V is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ?7DW: cm 5 -11 -71 F CO2 L2 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 I 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. I!li 1. zf. • . •. 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 I� 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. n 10 li j I 12 13' 1 Job' 16 � R 1S 19 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 g 3 !; trash, debris and litter I; 2 =l activities_ 25 2G 2 2S 29 31 32 cm 1 :L -7 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 i merchandise, and none shall be permitted unless previously approved by the :Director of the Environmental Management Agency. i 2. E 0 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 I ii 13 RECOMMENDED FOR APPROVAL: 1 ?'Cai Steuart, Director; Park ,�" and Recreation, City of Newport Beach o c 1' ij U B 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 20 21 It ![BY - — Deputy 2. i;RECO�,llMED1DED FOR APPROVAL: 25 ,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: i ADRIAN KUYI'ER, COUNTY COUNSEL, �i 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. �o 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. �' / I 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