HomeMy WebLinkAboutC-1904(A) - Cooperative Agreement; Coast Highway Bicycle Trail from Newport Boulevard to 58th StreetCITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
DATE January 9, 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1904
AMBNDI�ffiiT TO COOP AGBSSMT W /ORANGE COUNTY
Description of Contract Bicycle Trail /Coast Nvy from Npt Blvd to 58th St.
Authorized by Resolution No. 9245 , adopted on 12 -12 -77
Effective date of Contract 12 -20-77
Contract with Orange County - E.M.A. Dept.
Address 400 Civic Center Dr. West
Santa Ana, CA
Amount of Contract Sea Contract
Ati City Clerk IT
• , / i, -t
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
December 20, 1977
IN RE: AGREEMENT REVENUE SHARING PARKS, RECREATION AND
OPEN SPACE PLAYGROUND EQUIPMENT CITY OF HUNTINGTON BEACH
On motion of Supervisor Schmit, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement,
dated December 20, 1977, between the County of Orange and the City of
Huntington Beach, providing for revenue sharing funds for the purchase
of playgroundequipment for six Huntington Beach parks, as recommended
by the County Administrative Officer in his letter dated December 8, 1977
IN RE: AMENDMENT TO COOPERATIVE AGREEMENT . ARTERIAL BIKEWAY SYSTEM
PACIFIC COAST BIKEWAY CITY OF NEWPORT BEACH
On motion of Supervisor Schmit, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign Amendment
No. 1, dated December 20, 1977, to the cooperative agreement, dated
May 11, 1977, fora nine -month time extension to construct Routes 18A
and 18B on the Pacific Coast Bikeway,on the county's Arterial.Bikeway
System, in the City of NewportFeach, as recommended by the Director of
the Environmental Management Agency in his letter dated December 20, 1977.
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1A)F1013 -2.3 !12/761
RECEIVED
D E C 2 3 1977
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PLEASE RETURN TO Agreement No. D77 -167 amendi
ITY CLERK • Agreement D-76-048
• CITY OF NEWPORT BEACH
300 NEWPORT BOULEVARD File: Pacific Coast Highway
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NEWPORT BEACH, CALIF. 92663 18A- Agreement
18B- Agreement
1 AGREEMENT AMENDMENT NO. 1
2 Pacific Coast Bikeway - Routes 18A 6 18B
3 WHEREAS, the City of Newport Beach, hereinafter referred to as CITY, and
4 the Orange County Harbors, Beaches and Parks District, hereinafter referred to as
5 DISTRICT, did on the 11th day of May, 1977, enter into an agreement concerning the
6 construction of routes 18A and 18B of the Pacific Coast Bikeway, hereinafter referred
7 to as BIKEWAY PROJECTS; and
8 WHEREAS, CITY has experienced unavoidable delays in obtaining necessary
9 State Encroachment Permit and Coastal Commission Permit for construction of BIKEWAY
10 PROJECT and will not be able to complete construction of said project prior to the
11 January 1, 1978 date specified in the agreement; and
12 WHEREAS, CITY has requested DISTRICT to amend agreement to extend BIKEWAY
13 PROJECT construction deadline to September 1, 1978; and
14 WHEREAS, said amendment is the most effective procedure to implement BIKE -
15 WAY PROJECT.
16 THEREFORE, the agreement between CITY and DISTRICT is hereby amended by
17 modifying the below listed clause to read as follows;
18 Clause 1, Paragraph C;
19 "be responsible for the supervision of the construction contract for BIKEWAY
20 PROJECT, which construction shall be completed no later than September 1,
21 1978."
22 All other terms and conditions of the agreement shall remain in effect and
23 in force as stated in that agreement executed by the parties hereto on May 11, 1977.
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IN WITNESS WHEREOF, the parties hereto have caused their governing bodies
to execute this amendment to agreement on the year and date opposite their signatures
below:
Dated – - -, 1977
Dated �_t 1977
(ATTEST:
–
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
By / '7;7-
�PutY
APPROVED:
Newport each Cit Attorney
RPR /LML:rm365a(2)
–2–
CITY OF NEWPORT-BEACH, a municipal
co ra ion
By I
Mayor
CITY
HARBORS, ,X�fCHES AND PARKS DISTRICT
; oosrcr-or bupervispre
DISTRICT
ATTEST:
�.L/Clerk of the Ci of
Newport Beach
0 0
12 -14 -77
'Ps' elsINDr,ona tft
Original & two copies of agreement to Don Webb this date for transmittal
to Orange County. Executed copy will be returned to us.
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DEC l2 1977
By *6 CITY COUNCIL RESOLUTION NO. %q4l)
GTI iP t WAAiN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE COUNTY OF ORANGE,
PROVIDING FOR A TIME EXTENSION FOR THE CON-
STRUCTION OF THE COAST HIGHWAY BIKE TRAIL
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment to the
Cooperative Agreement between the City of Newport Beach and
the County of Orange in connection with providing for a time
extension for the construction of the Coast Highway Bike
Trail; and
WHEREAS, the City Council has reviewed the terms and
conditions of said amendment 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 amendment;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said amendment above described
is hereby approved, and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 12th day of December , 1977.
Mayor
ATTEST:
City Clerk
DDO /bc
12/9/77
7
T0: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1904
0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE June 14, 1977
City Hall
3300 W. Newport Blvd.
Area Code 714
Description of Contract Bieycls Trail /Coast Spy from Npt. Blvd. to 58th St.
Authorized by Resolution No. 9000 adopted on 2- 14 -77.
Effective date of Contract 5 -11 -77
Contract with pr&=a County - S. M. A. Department
Address 400 Civic Ceater Dr. West
Santa Ana, CA
Amount of Contract Sea Contract
City Clerc
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R -'URN TO.
C TY OF PD.77^." 7
NEWPORT EEAaLI C,1UF. 92663
A G R E E M E N T
TAB 18A, 18B- Agreement
D -76 -048
THIS AGREEMENT, made and entered into this 11 7�
day of � > 1977.
BY AND BETWEEN
AND
The City of Newport Beach hereinafter
referred to as CITY,
The Orange County Harbors, Beaches and
Parks District hereinafter referred to
as DISTRICT,
W I T N E S S E T H:
WHEREAS, DISTRICT's Board of Supervisors on June 3, 1975, approved an
Arterial Bikeway System (ABS) program as a basis for implementing selected routes
on the Master Plan of Countywide Bikeways, a component of the recreation element
of the Orange County General Plan; and
WHEREAS, said ABS program includes a proposed Pacific Coast Bikeway paral-
lel to Pacific Coast Highway, of which those segments between 58th Street and
Balboa Boulevard and between 59th Street and Newport Boulevard in the City of
Newport Beach, as shown on the attached exhibit map, are important trail links;
and
WHEREAS, DISTRICT applied for and received from the Southern California
Association of Governments SB 821 grant funding assistance in the amount of $36,500
for purposes of constructing said bike trail links (hereinafter referred to as
"BIKEWAY PROJECT "); and
WHEREAS, CITY, recognizing the special benefits it will derive from the
BIKEWAY PROJECT and desiring that it be implemented as soon, as possible, has offered
to design, supervise the construction contract, operate and maintain the BIKEWAY
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PROJECT; and
WHEREAS, DISTRICT and CITY desire to establish a formal basis for con-
tributing to CITY the $36,500 which DISTRICT has received in grant assistance
for the construction of the BIKEWAY PROJECT.
NOW, THEREFORE, be it resolved that for and in consideration of the
mutual promises and agreements contained herein, the parties hereto do agree
as follows:
1. CITY shall:
a. Assume the role and responsibilities of "Lead Agency" within
the context of the Environmental Quality Act of 1970, as amended, and as such
shall be responsible for complying with environmental requirements and filing
required notices prior to proceeding with construction of BIKEWAY PROJECT.
b. Obtain an encroachment permit from the State Department of
Transportation for placement of the bikeway within the right -of -way of said agency.
C. Obtain any necessary permit for the BIKEWAY PROJECT from the
South Coast Regional Commission or California Coastal Commission as necessary.
d. Design and construct BIKEWAY PROJECT to conform with the typical
section as shown in Exhibit A and meeting the standards of the State Department
of Transportation as contained in its publication dated August 1, 1976 entitled,
"Recommended Minimum General Design Criteria, Mandatory Minimum Safety Design
Criteria, and Uniform Specifications and Symbols for Signs, Markers and Traffic
Control Devices to be used in the Development, Planning and Construction of Bike-
ways in California." CITY shall submit plans and specifications to DISTRICT's
Board of Supervisors for approval prior to solicitation of bids or commencing
construction.
e. Be responsible for the supervision of the construction con-
tract for the BIKEWAY PROJECT, which construction shall be completed no later
than January 1, 1978.
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f. Bill DISTRICT, upon completion of the construction of the
BIKEWAY PROJECT, for the cost of construction contract payments, exclusive of
administrative and overhead costs.
g. Operate and maintain the BIKEWAY PROJECT as allowed by the
State Encroachment Permit for a period of 10 years, in a manner that will insure
the maximum utilization of the project by the public for recreation and transpor-
tation purposes. Should the BIKEWAY PROJECT be eliminated through the future
widening of Coast Highway, CITY agrees to request the State to include bikeways
in the widened cross section. Should CITY take any action to use BIKEWAY PROJECT
for any purpose other than a recreation bikeway trail without prior written consent
of DISTRICT, CITY shall repay DISTRICT all sums contributed by DISTRICT. Any sum
repaid by CITY shall be prorated on an annual basis.
2. DISTRICT shall:
a. Remit payment to CITY within 30 days of receipt of copies of
bills, auditor's warrants and other documents substantiating CITY's expenditures
on the BIKEWAY PROJECT; however, DISTRICT's total responsibility hereunder shall
not exceed $36,500.
3. It is mutually understood and agreed as follows:
a. Neither the DISTRICT, County of Orange nor any officer or
employee thereof 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 with
any work, authority, or jurisdiction delegated to CITY under this agreement. I
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b. Pursuant to Government Code Section 895.4, CITY shall fully !!
indemnify, defend, and hold DISTRICT harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in connection with any work,
iiauthority, or jurisdiction delegated to CITY under this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the dates set forth opposite their respective signatures.
Dated: 1977
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
9" !.
RGF /RPR:dh057a(4)
ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT
Y
Chairman of the Board of Sup vi ors,
acting as Governing Board forrKe
Orange County Harbors, Beaches and
Parks District
DISTRICT
CITY OF NEWPORT BEACH
By
Mayor
CITY
ATTEST: O
-4-
City Clerk
APPROVED AS TO FORM:
DENNIS D. O'NZIL
City Attorney
City of Newport Beach
L -A
67cz-,.v,o,v
1*6�1.00OW Hl"WAY aARAB S;4 ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
ivy&
on
PROPOSED DEVELOPMENT OF
Ve A PORTION OF
O PM SIYX& t.K.ME
PACIFIC COAST BIKEWAY
TYPICAL SECTION
Facility 1do, ABS 18A/B
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67cz-,.v,o,v
1*6�1.00OW Hl"WAY aARAB S;4 ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
ivy&
on
PROPOSED DEVELOPMENT OF
Ve A PORTION OF
O PM SIYX& t.K.ME
PACIFIC COAST BIKEWAY
TYPICAL SECTION
Facility 1do, ABS 18A/B
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA, ACTING AS THE
GOVERNING BOARD OF THE ORANGE COUNTY
HARBORS, BEACHES AND PARKS DISTRICT
May 11, 1977
RF
On motion of Supervisor Riley, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, this Board held a public hearing this date pursuant to
Section 5955 of the Harbors and Navigation Code to consider whether the
development of a portion of the Pacific Coast Bikeway along Pacific
Coast Highway between 58th Street and Balboa Boulevard (ABS 18A) and
along Pacific Coast Highway between 59th Street and Newport Boulevard
(ABS 18B) should be authorized projects of the Orange County Harbors,
Beaches and Parks District.
NOW, THEREFORE, BE IT RESOLVED that this Board hereby approves
the development of Arterial Bikeway System Routes 18A and 18B as an
authorized project of the Orange County Harbors, Beaches and Parks
District.
BE IT FURTHER RESOLVED that the Chairman of this Board is
authorized to execute that certain agreement dated May 11, 1977 between
the City of Newport Beach and the Orange County Harbors, Beaches and
Parks District for implementation of said projects.
Resolution No. 77 -781
Determine that Arterial Bikeway Sys. Rts.
18A & 18B Are Auth. Project /Harbors, Beaches
& Parks District; Execute Agreement with
City of Newport Beach
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P
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',YES: SUPERVISORS THMAS F. RILEY, RALPH A. DIEDRICH, PHILIP L. I
ANTHONY, LAURENCE J. SCHMIT, AND RALPH B. CLARK
NOES: SUPERVISOR.° NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
ss.
COUNTY OF OR -V'GE )
I, JUNE ALEX7'."DER, Clerk of the Boar^. of Supervisors of Orange
County, California, acting as the Governing Board of the
Orange County Harbors, Beaches and Parks District, herehv certifv that
the above and foregoing Resolution was duly and regularly adoptcOl 1-v
the said Board at a regular meeting thereof held on the 11th `day of
lay . 19 77, and passed by a unanimous vote of
said Board
IN WITNESS WHEREOF, I have hereunto set mv_ hand and seal this I
11th day of May 1077
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7 . JUNE .ALE::A ":'?:'R i
Cleric of _the Board of Su- e�rvisors of
Orange Codify, Californ' i a : acting
as the Governitcr Boar o'-
the Orange I- ounty: Harbor.5, 7teaches
and Parks Di 'qtzict
C''
2.
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February 16, 1977
MEMO TO THE FILE:
0
Don Webb picked up original 6 three copies for transmittal to Orange
County to be executed, together with a certified copy of the enabling
resolution.
EG
By _.
CITY a L4WW'?QWf 5 /,Ck
RESOLUTION NO. �`1*-1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY
OF ORANGE FOR CONSTRUCTION OF THE COAST HIGHWAY
BICYCLE TRAIL FROM NEWPORT BOULEVARD TO 58TH
STREET
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain cooperative
agreement between the City of Newport Beach and the Orange
County Harbors, Beaches and Parks District in connection with
the construction of the Coast Highway Bicycle Trail from
Newport Boulevard to 58th Street; 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 February , 1977.
Mayor
ATTEST:
City Clerk
DDO/bc
2/11/77