HomeMy WebLinkAbout2001-5 - Declaration of Backbay DriveRESOLUTION NO. 2001- 5
RESOLUTION FOR THE DECLARATION OF
BACKBAY DRIVE WITHIN THE
CITY OF NEWPORT BEACH TO BE A COUNTY HIGHWAY
WHEREAS, portions of the natural Eastbluff slopes in the City of Newport Beach
(the "City") and within the County of Orange (the "County") Upper Newport Backbay
Regional Park experienced surficial failures and landslides in 1995 & 1998 due to heavy
rains and a high underground water table; and
WHEREAS, in the vicinity of Avenida Chico, said Eastbluff slope surficial failures
and landslides caused Backbay Drive to be closed to the public for an extended period
of time; and
WHEREAS, Backbay Drive is a scenic highway and important circulation facility
within the City of Newport Beach; and
WHEREAS, the County and City have cooperatively agreed to stabilize the
Eastbluff slopes in the vicinity of Avenida Chico and Backbay Drive (the "Project "); and
WHEREAS, by separate agreement between the County and City, the County
has agreed to be the contracting and construction agent for the Project; and
WHEREAS, Backbay Drive is located at the base of the Eastbluff slopes, will be
improved by the Project, and is needed by the County's contractor for access, staging
and storing equipment and materials; and
WHEREAS, Negative Declaration IP 99 -176 was prepared for Project and
posted by the County and reviewed by the City and subsequently certified by the
County on December 19, 2000; and
WHEREAS, through its Director of Public Works, the City has reviewed for
approval the contract plans and specifications affecting that portion of the Project within
jurisdiction of City; and
WHEREAS, the City has found and determined, in accordance with Government
Code Section 65402, that the Project conforms to the City's General Plan; and
WHEREAS, the County consented via a similar Resolution, that City's portion of
the Project be a County highway during the period of said improvement; and
WHEREAS, via said County Resolution, the City further consents and agrees to
accept for ownership and maintenance purposes, through its Director of Public Works,
the completed Project improvements within its jurisdiction upon County's acceptance of
the work and filing a Notice of completion by County's Board of Supervisors.
NOW, THEREFORE, be it resolved that:
1. Commencing with the award by County's Board of Supervisors of a
construction contract to the lowest responsible bidder, that portion of the
Project within the City's jurisdiction shall be a County highway for the
purposes of construction for the duration of the construction contract for the
Project, in accordance with Streets and Highways Code Section 1700 et seq.
2. The City consents and agrees to accept for ownership and maintenance
purposes, through its Director of Public Works, the completed Project
improvements within its jurisdiction upon County's acceptance of the work
and filing of a Notice of Completion by County's Board of Supervisors.
3. The Clerk of this City Council is hereby directed to transmit a certified copy of
this resolution to the Board of Supervisors of the County of Orange.
Adopted this 9th day of January , 2001.
ATTEST:
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CITY CLERK
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MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2001 -5 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day
of January, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of January, 2001.
(Seal)
City Clerk
Newport Beach, California