CC - 1978-51 - Consenting to Establishment of Portions of Upper Rio Hondo BikepathRESOLUTION NO. 78-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, CONSENTING TO ESTA-
BLISHMENT OF PORTIONS OF UPPER RIO HONDO
BIKEPATH WITHIN SAID CITY AS A PART OF THE
SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES
WHEREAS, the Board of Supervisors did on November 29, 1977,
duly adopt a Resolution declaring those portions of real pro-
perty to be known as Upper Rio Hondo Bikepath located between
Peck Road and the San Gabriel River Bikepath as a part of the
System of Highways of the County of Los Angeles, all as provided
in Sections 1700 to 1704 inclusive of the Streets and Highways
Code of the State of California; and
WHEREAS, said Board of Supervisors by said Resolution re-
quested this Council to give its consent to acquire rights of
way, construct improvements and perform maintenance work within
said portions in the City of Rosemead described above; and
NOW, THEREFORE, the City Council of the City of Rosemead
does resolve as follows:
SECTION 1. Consent to Inclusion in County Highways System.
This City Council does hereby consent to the establishment of
those portions of the Upper Rio Hondo Bikepath between Peck Road
and San Gabriel River Bikepath, within the City of Rosemead, as
a part of the System of Highways of the County of Los Angeles
as provided in Sections 1.700 to 1704 inclusive of the Streets
and Highways Code of the State of California. Said consent is
for the purpose of acquiring rights of way, constructing improve-
ments and performing maintenance work as may be necessary by the
County of Los Angeles.
SECTION 2. Finding of a Minor Nature.
This Council does hereby find that pursuant to Government Code,
Section 65402 (b), the aforesaid improvement is for street im-
provements of a minor nature and that, therefore, the provisions
of said Section requiring the submission to and report upon said
project by the City Planning Agency do not apply.
PASSED, APPROVED AND ADOPTED this 12th day of September,
1978.
Mayor o the City Rosemead
ATTEST:
k .
it,y Cl'
7f sr
A G R E E M E N T
•
THIS AGREEMENT, made and entered into by and between the
CITY OF ROSEMEAD, a municipal corporation in the County of
Los Angeles, hereinafter referred to as "CITY", and the COUNTY
OF LOS ANGELES, a political subdivision of the State of California,
hereinafter referred to as "COUNTY".
W I T N E S S E T H
WHEREAS, CITY, the Cities of E1 Monte and South E1 Monte, and
COUNTY propose to construct a public bicycle pathway along the
Rio Hondo flood control channel between Valley Boulevard and the
Whittier Narrows Recreation area, which work is hereinafter referred
to as "PROJECT"; and
WHEREAS, PROJECT is within the jurisdictional limits of CITY,
the Cities of E1 Monte and South E1 Monte, and COUNTY; and
WHEREAS, PROJECT is in the general interest of,the above
agencies; and
WHEREAS, CITY and the other above Cities have requested, and
COUNTY is willing to administer the construction of PROJECT under
the State Bicycle Lane Account (SBLA) Program; and
WHEREAS, CITY is willing to finance a portion of PROJECT cost
within CITY; and
WHEREAS, such a proposal is authorized and provided for by
the provisions of Section 1712 of the Streets and Highways Code.
(1) CITY AGREES.to pay $5,300 to COUNTY after PROJECT is
advertised for construction.bids and upon demand
as its fixed share of PROJECT costs.
(2) COUNTY AGREES:
a. To prepare plans, specifications, and cost estimates
for PROJECT.
b. To obtain approval from CITY of plans for PROJECT
prior to advertising for construction bids.
c. To obtain all permits and easements necessary for
the construction of PROJECT, all at no cost to CITY.
d. To advertise PROJECT for construction bids, to award
and administer the construction contract, to do all
things necessary and proper to complete PROJECT in
accordance with approved plans, and to act in behalf
of COUNTY and CITY in all negotiations pertaining
hereto.
e. Upon completion of PROJECT to maintain in good
condition and at COUNTY expense, all improvements
-2-
NOW, THEREFORE, in consideration of the mutual benefits to be
derived by both CITY and COUNTY and of the premises herein contained,
it is hereby agreed as follows:
constructed within PROJECT limits.
4/ - 3
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. Should insufficient other cities along PROJECT enter
into agreements with COUNTY for PROJECT or if, for
some reason; the State Bicycle Lane Account allo-
cation is reduced to a level so to make PROJECT
impractical, this Agreement shall be considered
null and void.
b. Neither COUNTY, nor any officer or employee of COUNTY,
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. It is also understood and
agreed that, pursuant to Government Code Section
895.4 CITY shall fully indemnify, defend, and hold
COUNTY harmless from any liability imposed for injury
(as defined by. Government Code Section 810.8) occuring
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.
C. Neither CITY, nor any officer or employee of CITY,
shall be responsible for any damage or liability oc-
curring by reason of anything done or omitted to be
done by COUNTY under or in connection with any work,
authority, or jurisdiction delegated to COUNTY under
this agreement.. It is also understood and. agreed'
:0
that,.pursuant to Government Code Section 895.4, COUNTY
shall fully indemnify, defend, and hold 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 COUNTY.under
or in connection with any work, authority, or jurisdic-
tion delegated to COUNTY under this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this,agree
ment to be executed by their respective officers, duly authorized,
by the CITY OF ROSEMEAD on September 12_, 1978, and by the COUNTY
OF LOS ANGELES on
ATTEST: JAMES S. MIZE
EXECUTIVE OFFICER-CLERK OF
THE BOARD OF SUPERVISORS
1978.
COUNTY OF LOS ANGELES
BY
DEPUTY
ATTEST:
nJ
BY ` ~
CITY CL K
BY
CHAIRMAN, BOARD OF SUPERVISORS
CITY OF ROSEMEAD
BY ci'
- AYOR
APPROVED AS TO FORM
John H. Larson
County Counsel
BY
PRINCIPAL DEPUTY