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HomeMy WebLinkAboutENVIRONMENTAL MANAGEMENT AGENCY/HARBORS, BEACHES AND PARKS - 1985-10-14JJ HUNTINGTON BEACH From the desk of. 9_.2f- o d City of Huntington Wadi P. O. Box 190 - 2000 Main Street Huntington Beach, California 92648 Christine Cleary Deputy City Clerk Telephone: {;1 e) 52 ^ x cr 3 Fax: (714) 374-1557 two '�o- _ `fj 4 from the desx of: EVELYN SCHUBERT Deputy City Clerk City of Huntington Beach P.O. Box 190 Huntington Beach, CA 9264$ (714) 536-5445 ,,, }r 1r C:) F N G E DEC 2 6 198S ENVIRONMENTAL MANAGEMENT AGENCY PARKS AND RECREATION Alicia Wentworth, City Clerk City of Huntington Beach P.O. Box 194 Huntington Beach, CA 92648 Dear Mrs. Wentworth: MURRAY STORM Dnectx EMA K J. KRIZAN D rector of Pav*s a Reaeahon LoMion: 12 Civic center Plaza P.Q Box 4048 Santa Ana. CA 92702-4048 Mailing Address= P.O. Box 4048 Santa Ana. CA 92702-4048 Telephone: (714) 834$B34 FILE Sunset Harbor, City H. B. Agreement Herewith for your records is fully conformed copy of Cooperative Agreement No. D85-144 between Harbors, Beaches and Parks District and the City of Huntington Beach which provides for cost sharing and joint administration of maintenance and operation of Huntington Harbour waterways. AF. y truly gard, Planage , 1 Parks and n/Program P anni g Attach. cc: w/attach Paul Cook, Director of Public Works Earle Robitaille, Chief of Police R. Hewitt, Capt. South Operations Sheriff's Office H. Gage, Lt. Harbor Patrol Bureau K. Brittain, Manager, Regional Facilities Operations K. Smith, Chief, EMA Design A RFW:mw MINUTES OF THt BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA DECEMBER 3, 1985 AMENDMENT TO SUNSET HARBOR OPERATIONAL AGREEMENT NO. D85-144 WITH THE CITY OF HUNTINGTON BEACH FOR NHARBOUR-DREDGING AND DEBRIS REMOVAL (HARBOR, BEACHES, AND PARKS DISTRICT) (File No. E4.4, X City, LICIT n motion y upervisor ar , seconded by Supervisor Stanton, the Clerk of the Board, on behalf of the Board of Supervisors, was authorized to execute amended Cooperative Agreement No. D85-144 between Harbors, Beaches and Parks District and the City of Huntington Beach which provides for cost sharing and joint administration of maintenance and operation of Huntington Harbour waterways. MOTION UNANIMOUSLY CARRIED. &R;F1013-2.3 112/76) CONO F- R ��q r (PARK) CF-R r rC e z C -R i. • i FISH fR DR •x C CF R �QIL - CNRISTIANA AY -t o .Y: CF R _ G F- -� CF-R " STAR ti. � pR KWI'K • r�•,- �„ try �� � �1��1111� •�. � • r� �,d�d11r rr � rr1 rr low Mow Agreement No. D65-144 11 21 i 3� i 41 5 6 7' 9 10 11 12 13 14 15 11 20 21 22 23 24 25 26 1 27 STJ:+ISET HARBOR OPERATIONAL AGREE11= WITH CITY OF HUNTINGTON BEACH THIS AGREEMENT is made and entered into as of the gd A day of , 1985, by and between the City of Huntington Beach, hereinafter referred to as "CITY", and the Orange County Harbors, Bea=hes and Parks District and the County of Orange, hereinafter collectively referred to as "DISTRICT." I%MREkS, CITY and DISTRICT have previously entered into agreement dated December 17, 1974, and as amended from time to time, provides for defining of respective responsibilities as regards administration, maintenance and operation of Huntington Harbour waterways within DISTRICT's Sunset Harbor Improvement Area; and WHEREAS, CITY and DISTRICT desire to update and clarify previously agreed Upon guidelines for long range administration, maintenance and operation of Huntington Harbour waterways. NOW, THEREFORE, CITY and DISTRICT agree as follves: I. DECEMBER 17, 1974 AG no NT TEPUMINATION Agreement dated December 17, 1974, as amended (Amendment Nos. 1 through 6), between CITY and DISTRICT providing for joint administration, maintenance and operation of Huntington harbour waterways is hereby terminated. II. PUBLIC SAFETY A. CITY shall have the responsibility and authority for law enforcement activity in that portion of Huntington Harbour which lies within the city limit, with the following exceptions: 1. DISTRICT agrees to, and CITY may, upon notification to DISTRICT, enforce boating laws, ordinances and regulations of the State, City and County. 2. CITY specifically authorizes DISTRICT and DISTRICT through Sheriff's Harbor Patrol Bureau, hereinafter referred to as SHPB, agrees to enforce all those ordinances contained in Title 2, Division 2, Articles 4, 5, 6, 8, and 11 0 of the Codified Ordinances of the County of Orange, California. -1- Agreement No. D85-144 1 3. In the event CITY'S Police Department requests assistance in its 2 {� law enforcement operations within Huntington Harbour, SHPB personnel shall render 3 1 aid to the extent of its authority, and provided such aid does not interfere with i 4 other SHPB responsibilities. In the event that SHPB personnel request aid in its 5 law enforcement activities within Huntington Harbour, CITY shall render aid to the 6 extent that such aid does not interfere with other CITY responsibilities. 7 4. SHPB shall promptly notify CITY's Police Department of all observed 8 or reported violation of laws other than boating laws and shall stand by to assist 9 I the department in its response to such notifications in accordance with Section II, 1 10 a Paragraph A.3 of this Agreement. 11 5. CITY's Police Department shall furnish SHPB with copies of all 12 ` reports dealing with property loss and vandalism occurring on harbor waters. I 13 6. CITY's Police Department shall notify SHPB iruaediately of any 14 suspected or actual criminal activity, police surveillance, or similar activity i 15 occurring on or adjacent to harbor waters which may affect the safety of SHPB 16 ! personnel. 17 4 7. CITY's Police Department shall provide SHPB with copies of reports 18 pertaining to property lost or found within Huntington Barbour. SF'D3 may retain and 19 j release lost property to the owner or as authorized by CITY. 20 8. Where criminal activity is suspected to have occurred within CITY 21 boundaries, the primary responsibility fcr investigative efforts shall be by the 22 Police Department of CITY. 23 B. CITY shall have the responsibility and authority for fire protection 24 and medical emergencies in Huntington Harbour, with the following exceptions: �I 25 1. DISTRICT shall be responsible for provision of fire fighting and 26 medical aid services on navigable waters within the harbor. 27- 2. SHPB shall respond to and attempt to suppress all fires, off -shore 28 along bulkheads, and along the shore in those cases where its equipment can be -2- Agreement No. DBS-144 utilized. In the event of fires in boats off -shore, SHPB shall have the responsibility for firefighting operations. CITY shall notify the SHPB of reports of fires along shores or off -shore. 3. CITY shall establish and shall enforce regulations for fire prevention on shore -connected facilities. SHPB shall, with reference to off -shore boats, enforce those fire prevention regulations which have been established by the U.S. Coast Guard, State of California and by DISTRICT. Whenever a water -oriented or waterfront emergency is reported to the CITY or the SHPB, such as a drowning, heart attack, or other emergency medical situation, that agency shall im.,nediately notify the other agency and both agencies shall respond to and provide aid as necessary in accordance with Section II, Paragraph A.3 of this Agreement. 4. CITY shall advise SHPB of necessary format and procedu:es for making reports. C. Marine Safety is a mutual responsibility of CITY and DISTRICT. While SHPB's primary function includes boating safety within the harbor and CITY's primary function includes safety of beach And waterfront use within the CITY limits, both jurisdictions shall observe the rule of response by the closest and most available personnel and equipment and shall reinforce each other's rescue or prevention. actions. III. AIDS TO NAVIGATION A. DISTRICT shall be responsible for the maintenance of all navigational a aids in the Huntington Harbour, with the exception of CITY's bridge lighting, and E i Aids to Navigation under the control and responsibility of the U.S. Army Corps of I Engineers or U.S. Coast Guard. V. HARBOR LIKES No modification in harbor lines or navigable channel project limits will be made or recommended to the U.S. Army Corps of Engineers except by joint I recommendation of CITY and DISTRICT. I -3- Agreement No. D85-144 1 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 11 181 19 20 21 22 23 V. ANCHORAGES, MOORINGS, PIERS, DOCKS, BULKREADS AND GROINS A. CITY shall be responsible for administration and issuance of permits for the construction of all shore -connected structures (slips and piers) and sea walls, with the exception of those structures on County or DISTRICT fee property. All permits for floating structures proposed to extend bayward of pierhead lines, and for solid fill structures proposed to extend bayward of bulkhead lines shall not be permitted without express Written approval of DISTRICT. B. Anchorage and/or mooring areas shall not be established or permitted without express written approval of CITY and DISTRICT. VI. LIFEGUARD SERVICES CITY shall have sole responsibility for providing of lifeguard services in accordance with its standard practices. Above shall not preclude DISTRICT from rendering assistance as provided for in Section II.0 above. V11. DEBRIS A. CITY shall be responsible for the regulation and control of all debris discharges originating from land sources within CITY's boundaries and shall respond to all complaints. B. CITY shall be responsible for the collection and removal of debris and refuse, including removal of floating hazards to navigation from all waterways and fadjacent shore areas within CITY's boundaries. C. DISTRICT shall annually participate in CITY's accomplishing Section MBR hereinabove subject to the following: 1. CITY shall annually, prior to January 31, submit to DISTRICT's 24 Director, Environmental Management Agency hereinafter referred to as EMA a proposed 25I cost estimate detailing CITY's contract, administration and overhead costs, a sample 26 contract(s) and an overall program description required. 27; 2. upon review and approval of submitted items by EMA, or designee, 28 EMA shall request in DISTRICT'S following Fiscal Year budget pro rata share of total -4 - t Agreement No. D85-144 1 costs as determined pursuant to Clause VII.C.3 hereinbelow, estimated to be incurred 2 I by CITY, subject to DISTRICT'S share of costs annually, not exceeding one hundred 3 I and five percent of the approved budget Item for the previous fiscal year. 4 3. DISTRICT's agreeing to participate in CITY's debris removal effort 5 shall be limited to providing of assistance funding, and terms and conditions 6 hereinafter, in accordance with the following schedule: 7 FISCAL YEAR $ CONTRIBUTION 140T TO EXCEED / 1985-86 1001t M1coo 8 1986-87 and after 501 {See Clause VII,C. ) I 9 i VIII. DREDGING 10 ; A. DISTRICT shall have responsibility for maintenance dredging within 11 1 Huntington harbour main channel for purposes of maintaining channel depths. CITY 12 shall be responsible for maintenance dredging of all other waterways within 1 13 Huntington Harbour. DISTRICT and CITY in discharging its respective i 14 i responsibilities, shall so do at times and locations, and subject to funding 15 limitation as determined solely by respective CITY and DISTRICT. 16 B. When requested by CITY, DISTRICT may, when so authorized by its Board, 17 act as agent for CITY in dredging of waterways not within DISTRICT's responsibility 18 f area subject to the following: 19 ( 1. work to be performed by DISTRICT and requested by CITY shall be 20 performed in conjunction with DISTRICT performing its obligation as requested in 21 Section III.A hereinabove. 22 2. EMA, shall design and prepare plans, specifications and cost 23 estimate for PROJECT and submit same to CITY for approval. 24 3. EMA shall obtain all necessary permits. CITY agrees to waive fees 25 for CITY permits. 26 4. COUNTY shall solicit bids and shall award contract only after 27 obtaining written authorization from CITY's Director of public Works. 28 -5- Agreement No. DSS-144 S. CITY shall reimburse DISTRICT for all costs attributable to DISTRICT acting as CITY's agent including all reasonable and verified costs, survey, design, permit, contract, inspection, administration, overhead, and legal costs. 6. DISTRICT shall obtain from. CITY's Director of Public Works approval of all change orders pertaining to construction items for which CITY is financially responsible; approval shall not be unreasonably withheld. 7. CITY shall make monthly progress payments to DISTRICT based upon submittal of invoices. 8. DISTRICT shall provide a final accounting to CITY on PRWEE-2-'T within 18D days of final payment to contractor. IX. TERM This Agreement shall become effective immediately upon execution. X. HOLD HARIMLESS CITY agrees to indemnify and hold DISTRICT harmless from any loss liability, claim, suit or judgment resulting fror. work or acts done or omitted by ` CITY in carrying out this Agreement. DISTRICT agrees to indemnify and hold CITY harmless from any loss, liability, claim, suit or judgment resulting from work or acts done or omitted by DISTRICT in carrying aat this Agreement. These provisions I are included in accordance with Government Code Section 895.4 and are applicable to all parties hereto. i I XI. MODIFICATION i This Agreement may be modified, altered, amended, or revoked provided that i a written instrument containing such modifications, alterations, amendments, or revocations be executed by the parties hereto. XII. NOTICES Notices or other communications which may be required or provided under the terms of this agreement shall be given as follows: -6- Agreement No. DSS-144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICES TO DISTRICT AND EMA DIRECTOR, Orange County Environmental Management Agency, P.O. Box 4048, Santa Ana, California, 92702-4048 (Attention: Parks and Recreation). NOTICES TO SuNsET HARBOR PATROL BUREAU Harbor Faster, Sheriff -Coroner Harbor Patrol Bureau, 1901 Bayside Drive, Newport Beach, California, 92662. NOTICES TO CITY Director of Community Services, City of Huntington Beach, 2000 Hain street, Huntington Beach, California, 92648. KIII. GENERAL AWaNISTRATION, OPERATIONS, STANDARDS, AND PROCEDURES A. As general operating procedures must be constantly updated for maximum efficiency, such operating procedures are shown in the attached Appendix *A." By rrutual consent, the administrators of the affected operating agencies hereby designated as COUNTY's harbor Patrol Bureau Harbor Faster and CITY's Chief of Police, may modify specific operating procedures and standards outlined in the attached Appendix. The affected administrators have t2he authorization to carry out this Agreement so long as they are in accordance with the intent of the Agreement. 8. The Appendix shall not be considered a part of this Agreement, as it is subject to administrative modifications. -7- Agreement No. D85-144 1 2 31 4' 5 6 '7 8' 9 10 11 14 15 16' 17 1s 19 201 21 22) Y 23 2•1 25 26 27i 23 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first hereinabove written. Dated: DEC 3 19" , 1985 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. ROBERTS DE C�885 Clerk of the Board of Supervisors, acting as Governing Board of the Harbors, Beaches and Parks District APPROVED AS TO FORM: ADRIAN XUYPER, COUNTY COUNSEL John R. Griset, Deputy Dated: 75 "z , 1985 RW:khPRO02-6 8/22/85 DISTRICT BY "DIST ICT" ef CITY OF HUNTINGTON BEACH a Municipal Corporation By MAYOR ATTEST: _1 CITY CLERK -8- APPENDIX W I. LAW ENFORCEMENT - OBJECTIVES SHPB 1. To respond fully sworn and trained 'Harbor Patrol Deputies by boat to arrive at all water -originated (boat or land) law enforcement incidences in Huntington Harbour within five (5) minutes of notification in 80% of all cases and within ten (10) minutes of all others. SHPB, CITY 2. To Continuously provide and operate communications receiving and transmitting equipment as follows: a. two lines of telephone b. one channel of radio frequency (45.92) SHPB, CITY 3. To enforce all laws as prescribed in the Agreement. 4. To perform and report all incidents and activities as prescribed in Agreement. SHPB 5. General administration, operations, standards and procedures A. SHPB will hold all found and unclaimed items for twenty (20) calendar days. At the end of this period, CITY police department will remove such property to CITY facilities, where it will be held for identification or auction. When items are picked up from SHPB by CITY, CITY shall provide an itemized receipt. Upon the disposal of unclaimed vessels, CITY will pay Attachment to Agreement Page 1 of 4 DISTRICT a towing fee as established by the Board of Supervisors of County. In addition, CITY will pay DISTRICT the rate established by the County Auditor - Controller for vessel storage when SHPB stores such vessels after notifying CITY of availability of vessel for pickup t. CITY. B. Special event permits for water -oriented activity will be administered by the Sheriff, with the understanding that any such activity that may affect land area adjacent to the navigable waters of Huntington Harbour may require a permit administered by CITY. Both parties to this agreement agree to immediately provide copies of said permit to the other party. CITY 6. To respond by land vehicle, one and preferably two, sworn police officers and arrive at the closest land boarding point to all water -oriented (boat and land) law enforcement incidents within five (5) minutes of 80% of all cases and ten (10) minutes of all others. II. FIRE PRMTCTIOlr IM MEDICAL AID - 0=-CT= SHPB 1. To respond with one, and preferably two, fully trained firefighting and emergency first aid personnel (preferably EYT-1) by boat and arrive at all water - oriented boat or structure fires or medical aid incidents within five (5) minutes of notification in 80% of all incidents and within ten (10) minutes of all others. CITY 2. To respond a standard fire depart.'nent assignment by land arrive at the closest land boarding point to all water -oriented (boat or structure) firefighting or medical aid incidents within five (5) minutes of notification in 90% of all incidents and ten (10) minutes in all others. Attachment to Agreement Page 2 of 4 SHPB 3. To continuously provide and operate boat communications receiving and transmitting equipment as follows: a. one channel of radio (frequency 45.06) b. one channel of radio (46.42-future) c. one channel of radio (46.2A) SHPB 4. To monitor land -base communications equipment as follows: a. one fire vocal alarm b. one fire radio (quick call) c. one fire telephone CITY S. To provide for the following communications equipment at the DISTRICT facility in Sunset Aquatic Park: a. on vocal alarm b. one quick call fire radio c. one fire telephone d. one fire alarm,/police call box S9PB 6. To maintain and operate a fire boat with standard equipment as provided by DISTRICT. Attachment to Agreement Page 3 of 4 DISTRICT, CITY 7. To follow standard firefighting and medical aid procedures. CITY 6.' CITY,shallprovide firefighting training for all assigned fire boat personnel. r -s 9. To report all incidents and perform all activities as included in the Agreement. RW:rmPRO02-7 Attachment to Agreement 7/12/85 Page 4 of 4 AI REQUEL' FOR CITY COUNCL.o'ACTION P. took Date September 11, 1985 Submitted to: Honorable Mayor and City Council C� Submitted by: Charles Thampson, City Ad iris { r o Prepered by: Paul E. Cook, Director of Public 11orkss Agreement Between the City and the County of Orange Subject: Responsibilities for Administration, Main and of Huntington Harbour Waterways Consistent with Council Policy? [73 Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: y Statement of Issue: A revised agreement between the City and the County of Orange has been prepared to (1) provide for ongoing debris removal contribution by the County; (2) provide for dredging of main channel by County; (3) assign responsibility of maintaining of channel depths in side channels to the City; (4) provide for side channel dredging by the County on cost reimbursable basis, and; (5) incorporate language clarification and modifications that recognizes assignments of harbor Patrol function to County's Sheriff -Coroner. Recommended Action: Approve the attached agreement between the City and the County of Orange. Analysis: The City and the County of Orange currently have an agreement that covers responsi- bilities for administration, operation and maintenance of waterways in Huntington Harbour. This agreement needs to be revised in order to accomplish the following: 1. Provide for an annual 50% contribution by the County toward the costs of debris removal in these waterways. The current agreement has had to be amended each year to cover this contribution. Because there was no contri- bution by the County for this purpose in the 1984-85 fiscal year, they have agreed to contribute 100$_of the costs for 1985-86. Thereafter, they will contribute 50% of the costs of debris removal. 2. Provide for the County to do maintenance dredging of the entire length of the Main Channel at: their expense. 3. Assign responsibility of maintaining the side channels at proper depths to the City. 4. Provide for side channel dredging as necessary to be done by the County on a cost reimbursable basis by the City. 5. Incorporate language that clarifies the responsibilities of the County Sheriff, the City Police Department and City Lifeguards within Huntington Harbour. Fundipg Source: The City's share of costs is included annually within the Department of Community Services budget. Alternative Actions: 1. Do notapprove the agreement. 2. Negotiate other amendments to the existing agreement. r PIO 4184 t'.01 TY O F ANGE ENVIRONMENTAL MANAGEMENT AGENCY FILE AUG 2 9 1985 MURRAY STORM DIRECTOR, EMIA 12 VVFC CENTER PLAZA SAWA ANA, CALIFORNIA MAILING ADDRESS: PQ BOX 4048 SANTA ANA. CA 92702-4048 TELEPHONE: (714) 834.2306 G E , r !'�I Mr. Charles Thompson, City Manager j City of Huntington Beach :. 200 Main Street C. ' Huntington Beach, CA 92648 Dear Mr. Thompson: r�:�;.;I1 :6 r",T1Vt OFFICE Submitted for City Council approval is rewrite of December 17, 1974 agreement between City of Huntington Beach and Orange County Harbors, Beaches and Parks District. Agreement has been rewritten to (1) provide for ongoing debris removal contribution by HBPD, (2) provide for dredging of main channel by HBPD, (3) assign responsibility of maintaining of channel depths in side channels to CITY, (4) provide for side channel dredging by IMPD on cost reimbursable basis, and (5) incorporate language clarification and modifications that recognizes assignments of Harbor Patrol function to County's Sheriff -Coroner. Preparation of Agreement has been coordinated through Mr. Paul Cook and Bob Wingard, EMA/Parks and Recreation (834-3808). Upon execution of Agreement by City please return to this office four copies of the Agreement for our submittal to the Board of Supervisors. The fifth copy is for your records. Upon approval of the Agreement a fully confirmed copy Will be sent to you. very truly yours, h� M. Storm Director, EMA REW:1tPRLQ2-31 8/27/85 Attachments: Authorized Minute Order Agreement (5 copies) cc: Supervisor Wieder U¢ ►`off �` • A ' nil55 101. i1✓ MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA February 13, 1985 REPROGRAPHICS BILLING RATE: On motion by Supervisor Wieder, seconded by Supervisor Nestande, a lillina rate o $26.95 for graphic services administration was established, to become effective immediately for use by the Reprographics Internal Service FUBU 2971, as recommended by GSA/Reprographics and Records Division. MOTION UNANIMOUSLY CARRIED. ADDENDUM NO. 1 -- EOLSA*CHICA CHANNEL (FACILITY CO2) EDINGER AVENUE TO RANCHO ROAD:. On motion by Supervisor Wieder, seconaed by Supervisor Nestande, en uF Nn.-I Lo flans and Special Provisions which includes revisions for the construction of rock slope protection at the confluence with the Anaheim -Barber City Channel, was approved, as reco;:.ended by EMA. hQTION UNANIMOUSLY CARRIED. ISUNSET HARBOR, DREDGING AND DEBRIS REMOVAL: On motion by Supervisor Wieder, seconded by Supervisor Nestande, EMA was authorized to negotiate an agreement with the City of Huntington Beach for (1) EMA to dredge City of Huntington Beach's Christiana Bay on cost reimbursable' basis, and (2) for long-term dredging and debris removal within Sunset Harbor,, as reouested by City. MOTION UNANIMOUSLY CARRIED. PLAQUE -- FISH AND GAME COVMISSION: On motion by Supervisor Wieder, seconded by Supervisor Nestande, RA, on behalf of the County Fish and Ghme Commission, was authorized to purchase a plaque to be presented to recently retired State Fish and Game Department harden Chet Gall for his many years of dedicated service, berpfitting Orange County's Fish and Game resources. MOTION UNANIMOUSLY CARRIED. PREPARATION OF PLANS AND SPECIFICATIONS FOR RONALD W. CASPERS WILDERNESS PARK, RESTROOM: On motion by Supervisor Wieder, seconded by Supervisor Nestande. E11A was authorized to prepare plans and specifications for a restroo:a in the Ronald V. Caspers Wilderness Park, to provide public restroom conveniences along the Caspers/O'Neill Regional Riding and Piking Trail, increasing the recreational utility of the hike -in camping area. MOTIO1 UNANIMOUSLY CARRIED. RECEIVED MAR 14 19g-5 1—ft r1013.2.3 412/76)