HomeMy WebLinkAboutC-2520 - Upper Newport Bay Bicycle & Equestrian Trail Projecta�
TO: CITY COUNCIL
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 8 1985
FROM: Public Works Department APPROVED
SUBJECT:
RECOMMENDATION:
July 8, 1985
CITY COUNCIL AGENDA
ITEM NO. I F-3(b)
Authorize the Mayor and the City. Clerk.to.execute a cooperative proj-
ect funding agreement with the Department of.Fish and Game.-to provide
funds for a portion of the construction of the Upper Newport Bay
Bicycle and Equestrian Trail Project.
DISCUSSION:
On September 26, 1983, the City Council approved and certified the
final environmental impact report for the above project and directed staff to
pursue implementation of a cooperative project.
i
• On July 9, 1984, the City Council authorized execution of an engi-
neering services agreement.for a private consultant, Austin -Foust Associates,
Inc. to perform engineering design and prepare plans and specifications for the
project. Public Works Department staff has presented the preliminary plans to
the Department of Fish and Game with a request to receive contributory funds and
to prepare a cooperative agreement. The Department of Fish and Game, being
desirous of participating in the project, will fund $47,000 of the cost and has
prepared the attached agreement. The principal terms of the agreement are as
follows:
I. Parties to the agreement:
a. City of Newport Beach
b. Department of Fish and Game
2. Project History and Description
a. Construct a dual trail project from Irvine Avenue to Jamboree
Road along the Upper Newport Bay.
• 3. It is mutually understood that:
a. The City shall:
(1) Be the "lead agency" in implementing and constructing the
project and in obtaining all necessary permits, easements
and rights of way for same.
July 8, 1985
Subject: Cooperative Project Funding Agreement for the Upper-Newport Bay
Bicycle and Equestrian Project
Page 2
• (2) Be responsible for operating and maintaining the trail
project.
(3) Provide preliminary plans and specifications for review,
to the authorized representative of the Department of Fish
and Game.
(4) Provide a detailed accounting of all funding expenditures
for the project and maintain records of .same for at least
three years and shall make them available for inspection
upon reasonable notice.
(5) Upon completion of the project provide a final project
report accounting for all project funding and
expenditures.
b. The Department of Fish and Game shall:
(1) Designate an:authorized representative to review and
• approve the plans.
(2) Review preliminary plans and specifications within ten
days of the City's request to do so.
(3) Upon written request, advance to the City $47,000 to help
defray the costs of administration and construction of the
project.
a.;,, �-, �2, X4
Benjamin B. Nolan
Public Works Director
JS:jd
Att.
•
g • • 84/85 5C -1103
THIS AGREEMENT, made and entered into this 15th day of June,
1)85, BY AND BETWEEN the CITY OF NEWPORT BEACH, hereinafter referred
to as "CITY ", and the STATE OF CALIFORNIA, Resources Agency, Department
of Fish and Game, hereinafter referred to as "STATE ",
W I T N E S S E T H:
WHEREAS, the City Council of the City of Newport Beach on
December 17, 1973, adopted a Master Plan of Bikeways, a component
of the Recreation and Open Space element of the Newport Beach General
Plan; and
WHEREAS, said system includes a proposed Upper Newport Bay
Trail which connects University Drive on the west side of the Bay
to the San Diego Creek Trail on the east side of the Bay, as shown
on the attached exhibit map, and is an important trail link; and
WHEREAS, STATE, in its Management Plan for the Upper Newport
Bay Ecological Reserve has identified the need for a trail in the
same area; and
WHEREAS, CITY applied for and received from the Southern California
Association of Government SB 821 Grant funding assistance in the
amount of $55,673 and has applied for and anticipates receipt of
an additional $214,827 for purposes of contributing to the construction
of the Upper Newport Bay Bike and Equestrian Trail (hereinafter
referred to as "PROJECT "); and
WHEREAS, CITY estimates the total PROJECT costs to be approximately
$359,500 and is in need of additional financial assistance to cause
the completion of said PROJECT: and
WHEREAS, STATE, recognizing the special benefits it will derive
from PROJECT and desiring that it be implemented as soon as possible,
has offered the necessary grants of easement and rights of entry across
the affected STATE properties and to provide financial assistance
in the amount of $45,000 for the purposes of contributing to the
Construction of the PROJECT, with said construction including the
installation of various interpretive displays; and
WHEREAS STATE and CITY desire to establish a formal basis for
contributing funds to the CITY as grant assistance for the construction
of the PROJECT:
NOWT 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 California Environmental Quality Act,
as amended, and as such shall be responsible for complying
with environmental requirements and filing required notices
prior to proceeding with construction of PROJECT.
b. Obtain a permit from the Orange County Environmental Management
Agency for placement of the bridge appurtenant to the PROJECT
within the right of way of said agency.
C. Obtain any necessary permit for the PROJECT from the California
Coastal Commission.
d. Administer design and construction of PROJECT to conform
with the standards of the State Department of Transportation
as contained in its publication dated June 30, 1978, entitled
"Planning and Design Criteria for Bikeways in California."
PROJECT design and plans shall be submitted to the STATE
for approval prior to soliciting construction bids.
e. Be responsible for the supervision of the construction
contract for the PROJECT.
f. Operate and maintain the PROJECT for public recreation
and :transportation purposes as funding permits.
g. Maintain a complete and.accurate record of all expenditures
made from ahw STATE's advance of funds hereinafter provided
__..: for_, and;shall: retain said records during the term of this
agreemen�:and-'far_the three year period immediately thereafter.
_ :, ;- During : such - pertiod, the 'CITY shall make the records available
to the STATE for review during normal business hours upon
resonable notice that the STATE desires such a review.
h. Upon completion of the PROJECT, provide to the STATE a
final project completion report, including a full accounting
of PROJECT funding and costs; and shall promptly return
to the STATE their prorata share of any excess funding.
2. STATE shall:
a. Upon written request, advance to the CITY the sum of $45,000
for the sole purpose of defraying a portion of the costs of
construction of the PROJECT.
b. Designate a representative to review and approve the PROJECT
design and plans within ten days of the CITY's request for
such review.
•
I
It is mutually understood and agreed as follows:
a. Neither the STATE 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.
b. CITY shall, to the extent that it may legally do so, fully
indemnify, defend, and hold STATE harmless from any liability
imposed for injury occurring by reason of anything done
or omitted to be done by CITY under or in connection with the
negligent performance of any work, authority, or jurisdiction
delegated to CITY under this Agreement.
C. The term of this Agreement shall be 24 months from the
date of its approval by the California Department of General
Services.
d. The STATE's total obligation hereunder is as explicitly
stated in the foregoing Section 2 and nothing herein contained
shall be construed as obligating the STATE to the expenditure
of funds or for the future payment of money in excess of
appropriations authorized by law.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the dates set forht opposite their respective signatures.
STATE OF CALIFORNIA RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
Dated: , 1985 By'0.E',4(.�
STATE
C O 1EWP ACH
Dated: , 1985
Mayor
1 hereby certify that all conditions for exeonptbn set
forth in State Administrative Manual Section 1209 have
been complied with and this document b exenpt free,
re tew by the Deppr ment of Finance.
NEWMAM"PAPPIMMM
—
cf C? s
1er!'�is--
ervke8
11 19A
Asert.
ATTEr)T : _ I
WANDA RAGGIO
City Clerk, City of Z40rttK&t&dk-
RMERT Beach
eD At d, URNHAM
City Attorney, City of Newport Beach
84/85 5C -1103
n
i..I
AAJX" ENQWECiED . ra•,.,......
FUND ma
45,000.00 Support
Preservation
~CUAME" BALAMU -...,
(QW`MW L USE)
.
$
(- 030
AOI. NCREAf1G ENCuwmNa
ITEM
STATUTE FISCAL TEAR
3
3600 -,, 1.258
OBJECT OF EAEENDITUM LCO" ANU TIPS)
1984 84/85
4D1. DEOEA.SW40 ENCUMBRANCE _
$
&0
! Mxby rawl:.fR upm my m prnmel mdrd -r the I r • r • r .....f....r
•'.A. NO.
u. N0.
IROIIO11If f." LIti: yrdud and iNVpYr O!�
I
AIOTMTIKiE OF ACCOUMING ORI
WT! /
-.VC
91. _. 1iMlry mll(F 1ilFrnq( illbl r..rx,uiPlFr,r.limW�-ri ^rte. Llminir!.nro.r Winai!.L.�n.�i".�ip
1. mpB..7eaA.,.gJ,y,,�. d,.w„ +,r .. .,yI r•.. ,r. ,, i.ya,. ehi -i; l:,:;p ^i y,+e�,�e.
, YGMATM a OFFICER SIC L+II '., . 1 1
;[AUG 18 05
0 a
July 17, 1985 C _ ysyp
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL PROJECT
COOPERATIVE FUNDING AGREEMENT /DEPARTMENT OF FISH AND GAME
Please have the attached agreements (original and five
copies) executed on the behalf of the City. Once executed, have
them returned.to my attention for mailing to the State. When we
receive the fully executed agreement, a copy will be forwarded
to your office. Thank you for your assistance.
Jeff Staneart, P.E.
Associate Civil Engineer
JS:jd
Att.