1968-198RESOLUTION NO. 63R- 198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING TEE
EXECUTION OF A COOPE:ATIVE AGREE EiJT BETWEEN
THE STATE OF CALIFORNIA, THE CITY OF A vAEF,I;
x L' EFERENCE TO
LANDSCAPING AND i`IAINTENANCE OF LANDSCAPING O N
CERTAIN E 'i3ANi:i ENr2 SLOPES; AND RESCINDING
RESOLUTION NO. 67R -553.
WHEREAS, the State of California in conjunction with
the construction of tie Riverside Freeway has provided additional
rights of way for Sunkist Street, La Palma Avenue, Jefferson
Street and Batavia Street and has reconstructed them on embank-
ments as they approach the freeway overcrossings; and
WHEREAS, the State proposes to landscape the Riverside
Freeway between Placentia Avenue and tne Newport Freeway at some
future date; and
WHEREAS, it is recognized that, in order to achieve
the full benefits of the proposes landscaping project in enhan-
cing the safety, welfare, convenience and enjoyment of the public
using the State facility, it will be to the State's benefit that
the proposed landscaping treatment of the State facility be ex-
tended to portions of the roads to be relinquished to the City
of Ananeim and the County of Orange; and
WHEREAS, the State now proposes to reline uish to the
City of Anaheim and tne County of Orange, in conformance with the
Freeway Agreements, collateral roads including embankment slopes
constructed in the approaches to the overcrossinas of said free-
way at Sunkist Street, La Palma Avenue,, Jefferson Street and
Batavia Street; and
WHEREAS, tne City of Anaheim desires that the embank-
ment slopes be landscaped at the time the freeway is landscaped
and is willing to accept and maintain the landscaping on said
embankment slopes; and
WHEREAS, tne State is willing to landscape the embank k-
ment slopes provided that the City will accept and maintain lanc-
scaNinQ on said embankment slopes; and
WHEREAS, the State, the County and the City desire to
enter into a cooperative agreement providing for future land
scaping of said embankment slopes and the maintenance thereof;
and
r
WHEREAS, a form of :GGpiircdtiV( agreement, designated
'Agreement No. 3u42," iias been submitted to the City by the State
to be made and entered into between the parties, the terms and
conditions of whim the City Council fines to be satisfactory,
and that the sally, ssi1OU.L be approved.
NOW, 1'ii .R.;: FOR1 BE IT iSOLVi;LJ by the City Council of
the City of Anaheim that tiie cooperative agreement, designated
"Agreement No. 3042," su 3i::.lttei... to the City by the State of
California to ,.ie made c1Le_ ente e into between the State of
California, the City of A.1an eii':,, an L_ mile County :.y of Orange, pro-
viding as follows:
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"STATT., AGRI LS
At no cost to CITY, to include landscaping of the
embankment slopes equivalent to that planner: for the adjacent
sections of the freeway, in STATE'S future freeway landscape
contract.
ECTION I.
CTI Oiv II.
CITY AGES
(1) To accept r: lin uisi v aent of portions of Sunkist
ist
Street Street, La Palma Acme Jefferson and Lutavla Street in
accordance with Section 73 of the Streets and highways Code,
prior to STATE'S S contract for landscaping in tno embankment ani ment slo :)es
(2) At no cost to STATE, to maintain the landscaping
upon completion and acceptance of the landscape contract by
STATE.
"SE;CTIOiv ill.
"COUI,TY AG bE
(1) To allow CITY to 'provide at CITY'S expense, the
maintenance of portions of said lanesca' ing on the ai?y: roach slopes
to the La Palma Overcrossing wn1Cii arc located in the unincor-
porateu area under tie jurisdiction of COl
(2) To accept relinuis iment of ortions of La Palma
Avenue in accordance with Section 73 of the Streets and Highways
Coue, prior to STATE'S contract for landscaping the embankment
slopes. r
"S:CTION IV:
'IT 1S IiUTUALLY UNDERSTOOD AND AGREED:
(1) That if CITY rails to maintain such landscaping
and if within thirty (30) nays from notice thereof the land-
scaping is still not maintained, STATE will perform sufficient
maintenance to preserve the landscaping, the cost of which shall
be paid by CITY within ninety (90) days of billing.
(2) That if CITY desires to landscape the slopes
prior to STATE'S ianc.scat'e project CITY may do so, and on
approval of the plans by STATE, STATE will contribute the actual
cost up to, but not more than $9,000 per acre landscaped. Said
contribution by STATE to be paid on completion of the project by
CITY and to include costs for plantings, irrigation systems,
design and construction engineering, administration and overhead
cost for the actual work involved.
(3) That n'. idler STATE nor any officer or employee
thereof shall be responsible for any damage or liability occur-
ring 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. It is also understood
and agreed that, pursuant to Government Coue Section 895.4, CITY
shall fully indemnify ane, riold STATE harmless from any liability
imposed for injury (as defined by Government Coue Section 810.8)
occurring by reason of anything one or omitted to be done by
CITY under or in connection with any work, authority or juris-
diction delegated to CITY under this agreement.
t.
(4) That neither CITY nor any officer or embloyee
thereof, is responsible for any damage or liability occurring
by reason of anything cone or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not
delegated to CITY under this agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4
STATE shall fully indemnify and Mold CITY 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 STATE under or in connection with any work,
authority or jurisdiction not delecrateLL to CITY under tH__
ajreement.
(5) The obligations of the parties under this agree-
ment are contingent upon the budgeting of tree necessary funds
for the project by STATE."
be, and the same is hereby approved.
:3E IT FURTHER RESOLVED that the l- ayor and City Clerk
be, and they are rlereby autnorizec to execute said agreement for
and on behalf of the City of Anaheim.
BE IT FURTHER R i SOLVED that Resolution o. 67R -553 be,
and the same is hereby rescinded.
this 9th
ATTEST:
ThL
FOi.LGOII G RhSOLUTIOLi is approved and signed by rile
day of April, 1968.
CITY CLERK OF THE CITY OF ANA1 Ii
MAYOR OF T E CITY 0
-3-
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 68R -198 was in-
troduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 9th day of April,
1968, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY THAT the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R -198 on the 9th day of April,
1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 9th day of April, 1968.
(SEAL)
)21
CITY CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
68R -198 duly passed and adopted by the Anaheim City Council on April
9, 1968.
s 7t1
City Clerk