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HomeMy WebLinkAboutCalifornia Department of Transportation (CalTrans) - 1992-01-30 oTaTiola �(- USEAE"`d'- �� Y OFFICE OF CITY ATTORNEY 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 926415 GAIL HUTTON City Attorney TELEPHONE 1714►sasses May 20, 1994 FAX 714,u-lava State of California, Attu: voilliam T. Almany, III Chief-Maintenance District 12 Cal Trans 2501 Pullman Santa Ana, CA 92705 Re: Agreement by and between the City of Huntington Beach and the State of California for maintenance of state highways within the City of Huntington Beach Dear Mr. Almany: The City Council of the City of Huntington Beach by council action at its adjourned regular meeting of May 18, 1994 directed the undersigned to give notice to the State of California to terminate the subject agreement pursuant to Paragraph 7 thereof. Therefor, please take notice that the subject agreement is terminated pursuant to paragraph 7, effective thirty (30)days from the date hereof. Very truly yours, S GAIL HUTTON, City Attorney /k Page 2 - Council/Agency Minutes - 05/18/94 (City Council) ESTABLISH POLICY PROHIBITING BEER SALES BY LOCAL SERVICE CLUBS ON FOURTH OF JULY PARADE ROUTE- APPROVED (120.10) The City Cleric presented a communication from the City Administrator regarding the need to establish a policy regarding operation by local service clubs of beer booths on the Fourth of July Parade route. The City Administrator reported on a request from the Downtown Residents Association that the city establish a policy of no open sale of beer on the parade route during the Fourth of July parade. Discussion was held by Council and staff regarding the Lion's Club fundraising booth and alcohol related problems in the downtown area in prior years on the Fourth of July. A motion was made by Leipzig, seconded by Sullivan, to establish a policy that beer booths not be allowed on the Fourth of July Parade route. The motion carried by the following roll call vote: AYES: Bauer, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille, Moulton-Patterson, Winchell (City Council)ALTERNATIVES - CENTRAL LIBRARY PARKING LOT EXPANSION - TRANSFER OF UNUSED CERTIFICATES OF PARTICIPATION - SOIL REMEDIATION PLANS AT MUSHROOM FARM SITE - CONTINUED TO JUNE 6, 1994 (600,65) The City Clerk presented a communication from the City Administrator regarding recommendations to Council related to the Central Library Parking Lot Altematives. A motion was made by Sullivan, seconded by Bauer, to continue the alternatives for the Central Library Parking Lot Expansion to June 6, 1994. The motion carried by the following roil call vote: AYES: Silva, Bauer, Leipzig, Sullivan NOES: None ABSENT: Robitailie, Moulton-Patterson, Winchell (City Council) TERMINATION OF AGREEMENT BETWEEN CITY AND STATE OF CALIFORNIA- CITY MAINTENANCE OF STATE HIGHWAYS -APPROVED (600.20) The City Cleric presented a communication from the City Administrator regarding whether the agreement for city maintenance of state highways should be terminated. Don Noble, Maintenance Operations Manager, presented a staff report. 225 Page 3 - CouncillAgency Minutes- 05/18/94 The City Attorney expressed support for the termination of the agreement for maintenance due to the liability risks. Councilmember Sullivan spoke regarding a termination letter to be written to the State of Califomia which would be prepared by the City Attorney. The City Attomey spoke in support of termination of the agreement. A motion was made by Silva, seconded by Sullivan, to authorize the City Attorney to prepare and submit to the State of California the appropriate letter of termination of the "Agreement by and Between the City of Huntington Beach and the State of California for Maintenance of State Highways in the City of Huntington Beach". The motion carried by the following roll call vote: AYES: Silva, Bauer, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Moulton-Patterson, Winchell (City CouncillRedevelopment Agency) NEGOTIATION OF AMENDMENT TO OWNER PARTICIPATION AGREEMENT- MOHAMMED AND ADEL ZEIDAN - 126 MAIN STREET- MAIN-PIER REDEVELOPMENT PROJECT AREA- PROPOSED REDUCTION OF ULTIMATE RIGHT-OF-WAY - REVISED PRECISE PLAN OF STREET ALIGNMENT-WALNUT BETWEEN MAIN STREET AND THIRD STREET- CONTINUATION OF CODE VIOLATION PROSECUTION (600.30) The City Clerk presented a communication from the City Administrator regarding the Amendment of the Owner Participation Agreement between the city, Redevelopment Agency and Mohammed and Adel Zeidan. The Economic Development Director presented a staff report. Discussion was held by Council and staff. Councilmember Silva requested Richard Harlow, representing the developer, to speak. Richard Harlow, representing the Zeidan's, spoke regarding the history of the property, a fire that damaged the building and the developer's opposition to dedication of ten foot for the widening of Walnut Avenue . He requested to pursue negotiations to amend the Owner Participation Agreement before the building is demolished, The City Attorney reported regarding the prosecution of the property owner for code violations as a dangerous building. The Mayor arrived at 7:48 p.m. 226 Sao r — as� REQUEST FOR CITY COUNCIL ACTION Date: May 16, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator I aw Prepared by: Louis Sandoval, Director of Public Works 5A4,O 411 Hutton,City Attorney c. lY :x Subject: Termination of Agreement for City Maintenance of State Highways Consistent with Council policy? ( ]Yes (X]New policy or Exception -A* 2 77EL 11-7 l fG { Statement of Issue: Whether the agreement for city maintenance of state highways should be terminated. 1 Recommendation: Authorize the city attorney to prepare and submit to the State of California the appropriate letter of termination of the agreement for city maintenance of state highways. Analysis: In 1970, the State of California and the city first entered into a "pass through"agreement authorizing the city public works department to maintain 9.4 miles of Pacific Coast Highway (Santa Ana River to the Seal Beach City Limits) and 5.89 miles of Beach Boulevard (Pacific Coast Highway to the San Diego Freeway)the city to be reimbursed for costs of repair. The 1970 agreement was replaced by a January 6, 1992, agreement. Pursuant to the new and continuing agreement, the city is to: maintain state roadways, clean and repair storm drains, provide street sweeping services, control the growth of vegetation, repaint the traffic stripes and markings and maintain guard railing. The state pays the city up to$123,000.00 per year for this maintenance and liability risk of the state roadways. Legal Responsibilities Although the agreement provides for city control of ma:ntenance activities, the legal responsibilities, as outlined in Section Four of the agreement"Legal Relations and Responsibilities," attached, expose the city to great risk of liability and defense costs. Section Four provides that the state is not responsible for any damage or liability occurring by reason of anything done or omitted to be done by city. Furthermore, the city is required to defend, indemnify and save harmless the state from all claims, suits or actions of every kind for injuries or death or property damage resulting from city work under the agreement. A recent, unpublished Fourth District Appellate Court decision found liability against the City of Ontario, which had a similar state highway maintenance agreement. Thus, it is a legal precedent that the "Legal Relations and Responsibilities" clause clearly shifts liability to the City of Huntington Beach in these circumstances. i Since 1978, the city attorney's office has been alerting the city to the inordinate risk of this state shifted liability. See attached memo to Mayor John Erskine, dated February 11, 1988. Since 1984, the city has been involved in 18 cases defending "itself and the state" from all state highway (Beach Boulevard and Pacific Coast Highway) generated injuries. In 1983, the city paid out a damages judgment of$85,000.00 in one Beach Boulevard case arising from a bicyclist hitting a newly filled pothole. Another near catastrophic loss_ was the December 1993 Victoria Haserot case involving a bicyclist on PCH who became a quadriplegic. She alleged a dangerous condition of public property resulting from an alleged crack on PCH. Her demand was for$29 million. The jury returned a defense verdict, the city and state thus paid no judgment, but the city itself paid a total of $345,459.00 ($228,813.00 attorneys fees and $116,646.00 costs- expert witnesses, testing, evaluation, filing, service and depositions). The city had no insurance at the time of the occurrence and was, thus, at enormous risk as a result of the subject state highway maintenance contract. The city has since joined the risk management pool of insurers, BICEPS. As of April 9, 1994, the city has just received another claim from the state for indemnification for a bicycle injury along a bike path along PCH. The basis for the demand for defense and indemnification is the 1992 state highway maintenance agreement, attached. In the past, the staff has supported the concept of this agreement because the city is able to schedule and control the maintenance activities of these highways. Without this agreement, all maintenance and all liability on state highways would be the direct responsibility of Caltrans (the State of California). The city would have no liability and an easy dismissal from these state highway generated lawsuits if the contract is terminated. Termination of Contract Section Seven of the document"Terms" states that eTher party may terminate the agreement upon the submittal of a thirty day written notice. The director of public works and city attorney recommend that the city attorney be authorized to prepare and submit the appropriate letter of termination to the State of California to end this contract forthwith. Current Fundina Source: Pursuant to the 1992 agreement, the city is reimbursed for the cost of maintaining the highways. The city completes the repairs, pays for the materials, etc., then invoices Caltrans. Caltrans has authorized the city to spend up to $123,000.00 annually for the maintenance of these highways. Last year the maintenance costs totaled $107,628.00. The city's authorization can be increased, if need be, by the District Director of Caltrans. Conclusion: The state remains unwilling to modify or change these hold harmless provisions of the contract; therefore, the city attorney and public works staff recommend that the agreement be terminated. Alternative Actions: Deny authorization to terminate the agreement and remain at a risk of up 1 million dollars for each occurrence on Beach Boulevard or PCH. ,� Attachments: 1. Memo to Mayor John Erskine and Members of the City Council from Gail Hutton, City Attorney, dated February 11, 1988 2. Victoria Haserot Case; Costs of Defense Breakdown 3. May 9, 1993, claim; California Department of Transportation v. City of Huntington Beach (without 1992 agreement attached) 4. 1992 Agreement by and Between the City of Huntington Beach and the State of Califomia for Maintenance of State Highways in the City of Huntington Beach AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF HUNTINGTON BEACH THIS AGREENfrNT is made and executed in duplicate this day of CL,t -,i(I.'1 199 ;?-, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation, hereinafter referred to as "STATE, " and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY." WHEREAS, the parties desire CITY to perform particular maintenance functions on the STATE highways within CITY as permitted by Section 130 of the California Streets and Highways Code, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. MAINTENANCE CITY shall perform the maintenance work specifically delegated to it, on the STATE highway routes or portions thereof, all as hereinafter set forth in Section 3 hereof or as said section may be subsequently modified in writing with the consent of the parties hereto acting by and through their authorized representatives. The STATE reserves the option to check at random all areas of STATE highways maintained by CITY to assure conformance to maintenance levels . However, this random check does not -I- r preempt CITY maintenance responsibilities as spelled out in this Agreement. A STATE encroachment permit will be required for third parties when maintenance work is redelegated. Such redelegated work shall be performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces. 2 . DECREE OF MAINTENANCE The District Director, acting through his authorized representative, shall meet with CITY's authorized representative within 90 days after execution of this Agreement and at least once per year in ensuing fiscal years for the purpose of determining and agreeing on the degree and extent of maintenance work to be performed by CITY during the fiscal year in question. All agreed upon work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the California Streets and Highways Code, as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY) or as may be prescribed, in writing, from time to time by the District Director of the Department of Transportation assigned to the territory in which CITY is located., or his authorized representative. Maintenance is defined ir. Section 27 of the California Streets and Highways Code as follcws: a) The preservation and keeping of rights of way, and each type of roadway, structure, safety -2- convenience or device, planting, illumination equipment or other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvements. b) Operation of special safety conveniences and devices and illuminating equipment . c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility. -3- • T i 3 . DELECATIQN OF -MAINTENANCE The specific maintenance functions set forth below are hereby delegated to CITY. A brief description of the maintenance functions delegated to CITY are included in this section. The functions are further identified by the CalTrans HM Program Codes . A document detailing said Program Codes is attached hereto as Attachment 1 and incorporated herein by this reference. This delegation of maintenance functions set forth herein does not supersede areas and functions of which the control and maintenance rests with the local authority under terms of Freeway Maintenance Agreements. Planning, organization and scheduling of the maintenance function shall be at the discretion of the CITY. MAXIMUM ANNUAL ROUTE LENGTH DESCRIPTION PROGRAM AUTHORIZED NO. MILES DELEGATED EXPENDITURE 1 9 .40 PACIFIC COAST HWY. HM-lA $75,500.00 from southeast City HM-2C limits at the Santa HM-2D Ana River PM 21 . 65 HM-3H to the southeast City limits of Seal Beach Near Anderson St . , PM 31.04 a length of approx. 9.40 miles. Note: Above limits include a portion County Territory which will be maintained by the City. 39 5 .89 BEACH BOULEVARD HM-IA $47, 500 .00 from P.C.H. , PM 0.00 HM-2C to the north City HM-2D limits approx. 0 .25 HM-3H mile north of the north line of Edinger Avenue, PM 5.89 a length of approx. 5.89 miles. � L:�"�.1. �:�� �1C:r-;.�E:c:�s �;t�_�•1GL�i f7.i rC� $123, 000.00 -4- • z 4 . LEGAL RELATIONS AND RESPONSIBILITIES Nothing in the provisions of this Agreement is intended to create duties or obligations or rights in third parties not parties to this contract, or affect the legal liability of either party to this contract by imposing any standard of care respecting the maintenance of STATE highways different from the standard imposed by law. It is understood and agreed that neither STATE, nor any officer or employee thereof is 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 defend, indemnify and save harmless the STATE of California, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, or damage to property resulting from 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 understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction reserved to STATE under this Agreement . It is also understood and agreed that, pursuant to Government Code -5- Section 695 .4 STATE shall defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction reserved to the STATE under this Agreement. 5. EXPENDITURE AUIHORIZATION Subsequent to meetings with the District Director to establish the degree of maintenance to be performed as required by Section 2, CITY shall prepare a cost estimate for all routine maintenance as agreed to by the parties. The estimate shall be forwarded to STATE and shall be used by STATE as the basis for . determining the "maximum authorized expenditure" as delineated in Section 3 . In order to ensure equitable compensation, a new "DELEGATION OF MAINTENANCE" sheet (Section 3) will be provided annually by STATE for the ensuing fiscal year based on CITY's estimate of costs for maintenance. STATE shall request the cost estimate from CITY and shall deliver the new "DELEGATION OF MAINTENANCE" sheet at least 120 days prior to the beginning of the fiscal year in question. STATE shall reimburse CITY for actual cost of all routine maintenance work performed by CITY as delegated under this Agreement, but it is agreed that during any fiscal year the maximum expenditure on any route shall not exceed the amount authorized by Section 3 of Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as herein provided for. -6- CITY may perform additional work if desired, but STATE will not reimburse CITY for any work in excess of the authorized amount unless approved by the District Director. The District Director may authorize adjustments needed because of inflation or changes in program emphasis. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additional expenditures for specific projects costing $5,000.00 or less may be made when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative. Expenditures by STATE for specific projects costing in excess of the above may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Division of Maintenance at Headquarters. Additional expenditures or adjustments of expenditures thus authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of the said expenditure, either increases or decreases, shall not affect the terms of this Agreement. 6. SUBMISSION OF BILLS CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semi-annually or annually) . Bills for less than $500 .00 shall not be submitted more than once each quarter. Bills must be submitted promptly following close of -7- the corresponding billing period and should be coded according to the CalTrans HM Program Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and will not be honored. Equipment shall be charged at mutually acceptable rental rates . Labor and material shall be charged at actual cost. CITY will be allowed to recover overhead and administrative costs at rates as established by CITY•s accounting records, not to exceed those charged by STATE for similar services. Emergency repairs may be performed by CITY with prior approval of the District Director or his representative. Payment shall be made only for the work authorized. Telephone authorization shall be accepted by both parties as valid for such repairs . Telephone authorization shall be followed by written approval within ten days . CITY shall maintain, on a generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to STATE representatives for review during normal business hours for a period of three (3) years after payment of said billings . 7. TERM OF A REEMENT This Agreement shall become effective rt1LQr1 O) 199 ;c, , and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties hereto . This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party. -8- 8 . ENTIRE AGREEMENT This agreement shall supercede any previous agreement for maintenance of STATE highways within CITY and any amendments thereto between STATE and CITY, and contains the entire Agreement between the parties for the subject matter herein contained. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH DEPARTMENT OF TRANSPORTATION a municipal corporation James W. van Loben Sels . Director of Transportation Mayor By: . . Chief, Maintenance Branch District 12 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 'Z `�� REVIEWED AND APPROVED: I-// y�IAiED ND APPROVED: r y City Administrator Dire I for of Public Works -9- Attachment 1 Maintenance unc 'on Descr' do s HMIA Flexible Roadbeds This provides for patching, sealing, and maintaining the surfaces and base courses of roadways, including asphalt surfaced shoulders. HM2C Drainage and Slopes This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks, and other appurtenances between the roadbed and the outer highway right of way boundary line. M2D Roadway Litter and Debris This provides for removal of litter and debris from roadway surfaces and roadsides. HM2C vegetation Control (Nonplant Areasl This provides for weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees, and pest control. HM3H Bridge and Pump Maintenance This provides for repairs, cleaning and painting of bridge and sum pump structures. Includes electrical and mechanical maintenance of bridge and pump equipment. HM4M Pavement Delineation This provides for the repainting of traffic stripes and markings, and the cleaning, removal and replacement of raised pavement markers. 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The city does not make any money on this arrangement. Basically, we bill the state for time and materials . Yet the city incurs substantial liability as a result of these activities. In numerous instances the city has been named as a defendant in lawsuits arising out of accidents that have occurred on the state highways . Some of these arise out of alleged negligent maintenance or failure to maintain, and some arise out of the alleged defective design of the highway itself . One recent case, which is detailed in the attached memorandum, alleges defective design, and there is potential liability on the part of the city for failure to warn the state and motorists of alleged defects . Whether these cases are meritorious or not, the city incurs defense costs which are not reimbursed by the state. Further, the city also finds itself in the position of some percentage of potential liability under. the current law of comparative fault . As we have detailed in other memos and opinions, where a principal defendant laQks adequate insurance coverage, the city often finds itself as the only deep pocket available. Also attached is a list of the lawsuits that have been presented against the city arising out of its activities to maintain the state ' s highways . At the retreat I suggest that we discuss these problems . Council should give serious consideration to whether it wishes to continue the maintenance activities in the absence of some sort of defense and indemnity agreement by the state . Gail Hutton City Attorney sg Attachments r. J� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION - HUNTINGTON BEACH .. _ ..__.:._.. To Gail Hutton From Robert Sangster - City Attorney Deputy City Attorney Subject Maintenance Contract for PCH Date February 4 , 1988 Patterson v. City, State At the Settlement Committee meeting on February 4 , Patterson V. City, Claim 84-44 , was considered. This case involved a head-on collision across the centerline on PCH, and the city is named because it has a maintenance contract for this state highway. Although the city is doubtless immune and without liability as to design defects of the state highway, there is arguable liability because of its maintenance obligations, including the duty to warn the state and motorists as to possible dangerous conditions and take some affirmative steps to correct them. Although liability is rather thin on this case, the damages are horrendous, and it is certainly conceivable that a jury may find some quantum of fault in the city . The Settlement Committee authorized a $4, 000 offer ; if liability is found, damages could exceed $1 million . It seems unfair that the city should be exposed to damages by virtue of this maintenance contract when the real fault, if any, arises from the design of the state highway. This is yet another example of why it is unwise for the city to embark upon an agreement to maintain state highways without an appropriate indemnification by the state for suits and damages arising out of our good faith efforts to help out the state in the maintenance of its highway . Robert Sangster Deputy City Attorney sg cc: William Amsbary James Georges Settlement Committee CITY .OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION H OING70N BEACH - To Robert Sangster. From James Georges Deputy City Attorney Deputy City Attorney Subject Torts occurring on State Date February 12, 1988 property within the. City of Huntington Beach By way of the State/City Highway Maintenance Agreement for Pacific Coast Highway and Beach Boulevard, or by way of the State/City Lifeguard and Beach Maintenance Agreement, the City has been repeatedly named . as a co-defendant in lawsuits against the State. In the following cases assigned to me, the State and City of Huntington Beach are co-defendants where the accident occurred on State property. Open Cases (Georges ) : FADICH PATTERSON DI BIASI COHEN HOLT ANDRADE (initially assigned to me) HUGHES PIECZENTKOWSKI HIGHLEY EINI SHAFER BARRIER Closed cases (Georges ) : HATZENBAHLER - 0 ( initially assigned to me) WEITZ - $1000 DOMINGUEZ - $2000 CONTI - $0 I feel that the City should give notice to the State ( 30 days notice to terminate agreement ) that the City will no longer provide the maintenance on Pacific Coast Highway and Beach Boulevard because of the liability exposure and potential judgments against the City for dangerous conditions of State property . There is too much defense effort and cost in litigating what is active negligence and what is passive negligence . When attorneys find out there is a maintenance agre ent between the State and the City, they will name City as a co-defendant, and they will not let go of ( dismiss) the Ci y and will fight Motion for Summary Judgment . t it orney c.c: Gail Hutton, City At orney William Amsbary, Asst . City attorney be Shoet2 HAS EROT 9/21/93 Asso. of Scientific Advisors (Estes) 1,760.00 (Scepan) 2.250.25 Reconstruction Asso. Inc. (Bretting) 1 15,469.90 Allen Snipes Asso. 3,159.06 Kenneith McGwire 2,506.12 11/24193 LaBelle Marvin 2375 Kenneth McGwire 4,480.27 Fowler, Inc. 6,463.45 Medical Legal Consultants 1,714.75 Nevin Bryant 1 1,375.00 Accident Reconstruction Asso. 15,337.80 Allen Snipes Asso. 10,408.61 Bramble Maps, Inc. 303.03 12/30/93 Asso. of Scientific Adivsors Richard A. Schmidt 13,306.40 John E. Estes 10,749.46 Accident Reconstruction Asso. Gerald Bretting 8,687.64 Medical Legal Consultants, Inc. Dr. Alan Nahum 1,571.99 Dr. Kenneth McGwire 900.00 Doc Charbonneau 472.00 Fowwer Inc. 225.00 Bio-Legal Arts, Inc. 438.95 Allen Snipes Asso. 4,089.69 Jerry Faragalli 342.27 8oster, Kobayashi Berner 21.75 Accident Reconstruction Asso. 7,972.50 Subtotal: 116,380.89 Petty Cash 11/18/92 100' tape/accident meas. 19.33 11/20/92 battery pack & 8mm tapes 85.68 11/23192 8mm camrecorder tapes 10.71 11/23/92 9 hrs. taping PCH & Beach 90.00 1219/92 Video dubbing 60.00 TOTAL 116,646.61 $116,646.61 ATTORNEY FEES Davis DiGraxia & Salmuth 7/91-4/93 80.867.63 80,867.63 Page 1 Sheet2 Moore & Rutter Apr-Sep193 66,548.08 Sep-Nov/93 54,448.23 Nov-Jan194 26,949.38 TOTAL., 147,945.69 147,945.69 GRAND TOTAL $345,459.93 Page 2 RECEIVED C1JY CLERK CLAIM AGAINST THE CITY OF HUNTINGTON BEACH CITY OF (FOR DAMAGES TO PERSONS OR PERSONAL.PROPERTY) HUNTING TCH BEACH.CALIF.'= - = r HAY g 1147 Mi '34 Rmivcd by via TIME STAMP J. 4 U.S.Mail ❑ Inter-OITICe flail ❑ Over The Counter ❑ File No. A claim must be riled with the City Clerks Office of the City of Huntington Beach within 6 months after which the incident or event occurred.Be sure your claim i3 against the City of Huntington Beach,no another public entity.Where space is insufficient,please use additional paper and identify informaton by paragraph number. Completed claims must be mailed or delivered to: City of Huntington Beank City Clerks Office, 2000 Main St, P.O.Box 190,Huntington Beach, CA 92648. TO THE HONORABLE MAYOR AND CITY COUNCIL,The City of Huntington Beach, California The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: 1. NAME OF CLAIMANT; CALIFORNIA DEPARTMENT OF TRANSPORTATION a. ADDRESS OF CLAIMANT: 1605 West Olympic Boulevard, Suite 700 Los Angeles, CA 9001'5 t:y, btate. Z1p Code. b. PHONE NO. Nome Business (213) 736-3600 c. DATE OF BIRTH ; n/a .d. SOCIAL SECURITY N0, n/a e. DRIVER'S LIC. NO. n/a 2. Name,telephone and post office address to which claimant desires notice to be sent if other than above: same as above 3. Occurrence or event from which the claim arises: a. DATE. 7—3-94 b. TIME: c. PLACE(exact and specific location)- Bike path„City of Huntington Beach near Santa Ana River Bridge - ,5j — Olt PCH - Route 1 , Orange County, PM 21 .72 _ d. Specify the particular occurrence,event,act or ommission you claim caused the injury or damage(use additiona' paper if necessary): On 1-19-93, at approximately 1 :00 p.m. plaintiff was rolling blading on bike path. Thick sand on bike path caused plaintiff to fall {as she was roller blading) . breaking her arts and causing other injury' Plaintiff filed complaint against the State for dangerous condition. City maintained e. State how or wherein the City of Huntington Beach or its employees were at fault: bike path in a dangerous condition bj failing to maintain it or provide adequate drainage. City had maintenance agreement wihhethe State of California, Deeartment of Transportation-Agreement Number 6339 - (Attachec is a copy) . 4. Give a description of the injury,�operty damage or loss,so far as Is knob. -at the time of this claim.If there were i injuries,state "no injuries".(If your claim Involves a vehicle,Include license,year,make and irsodel.) ' -Piaintiff suffered .broken arm, soft tissue and bruises. The .Stateseeks claim for indemnif*cation or the••duty, by the' City er Maintenance Agreement. S. Give the-names(s)of the City employee(s)causing the damage or injury: Unknown at this time . pending disco3Lery. - 6. Name and address of any other person injured: Unknown at this time pending discovery, 7. Name and address of the owner of any damaged property: Unknown at this time pending _ discovery. 8. Damages claimed: a. Amount claimed as of this date: S b. Estimated amount of future costs: - 5 e. Total amount claimed: s d. Basis for computation of amounts claimed(include copies of all bills, invoices,estimates,etc.):. Unknown at this time pending discovery. 9_'Nimes'and addresses of atf witnesses, hospitals,doctors, etc. •-- ,--a• - Unknown--at- this time- endin - discover - • • ------- • • - --- -� d. 10. Any; ditional information that might be helpful in considering claim: _ - e,-Department:of-Transportat:ion_was'..se;7 ed;Gt �S tD�zsns"and Y Complaint on �1 3-94. ~•Attacbed is Copy of Complaint and Maintenance! F Agreement. WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI(Penal Code§72.insurance code 1554.1) "l have read the matters and statements made In the-above claim and I know the same to be true of my own knowlec except as to those matters stated upon information or belief and as to such matters Ibelieve the same to be true.I cer under penalty of perjury thai the foregoing is TRUE and CORRECT. Signed this �:5 day of ..19!Z._at CCL�ppt�ANT'S SIGNATURE RAIYN 13AIN F.-ATTORNEY It the s;gnar of this claim is not the claimant,then explain signer's relation to the claimant: AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made and executed in duplicate this fG + day of v'LUGLe , 199 G, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation, hereinafter referred to as "STATE, " and.the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY." WHEREAS, the parties desire CITY to perform particular maintenance functions on the STATE highways within CITY as permitted by Section 130 of the California Streets and Highways Code, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1:' MAINTENANCE CITY shall perform the maintenance work specifically delegated to if, on the STATE highway routes or portions thereof, all as hereinafter set forth in' Section 3 hereof or as said section may be subsequently modified in writing with the consent of the parties hereto acting by and through their authorized representatives. The STATE reserves the option to check at random all areas of STATE highways maintained by CITY to assure conformance to maintenance levels . However, this random check does not -1- preempt CITY maintenance responsibilities as spelled out in this Agreement. A STATE encroachment permit will be required for third parties when maintenance work is redelegated. Such redelegated work shall be performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces. 2. DEGRF.E QE MAINTENANCE The District Director, acting through his authorized representative, shall meet with CITY's authorized representative within 90 days after execution of this Agreement and at least once per year in ensuing Fiscal years for the purpose of determining and agreeing on the degree and extent of maintenance work to be performed by CITY during the fiscal year in question. All agreed upon work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the California Streets and Highways Code, as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY) or as may be prescribed, in writing, from tine to time by the District Director of the Department of Transportation assigned to the territory in which CITY is located, or his authorized representative. Maintenance is defined in Section 27 of the California Streets and Highways Code as follows: a) The preservation and. -keeping of rights of way, and each type of roadway, structure, safety -2- convenience or device, planting, illumination equipment or -other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvements. b} Operation of special safety conveniences and devices and illuminating equipment. c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility. -3- 3 . DELEGATI,QNOF MAINTENANCE The specific maintenance functions set forth below are hereby delegated to CITY. A brief description of the maintenance functions delegated to CITY are included in this section. The functions are further identified by the CalTrans HM Program Codes. A document detailing said Program Codes is attached hereto as Attachment 1 and incorporated herein by this reference. This delegation of maintenance functions set forth herein does not supersede areas and functions of which the control and maintenance rests with the local authority under terms of Freeway Maintenance Agreements. Planning, organization and scheduling of the maintenance function shall be at the discretion of the CITY. MAXIMUM � ANNUAL ROUTE LENGTH DESCRIPTION PROGRAM AUTHORIZED NO. MILES DELEGATED EXPENDITURE 1 9 .40 PACIFIC COAST HWY. HM-lA $75,500.00 from southeast City HM-2C limits at the Santa HM-2D Ana River PM 21. 65 HM-3H to the southeast City limits of Seal Beach Near Anderson St. , PM 31.04 a length of � appro=. 9.40 miles. Note: Above limits include a portion County Territory which will be maintained by the City. 39 5.89 BEACH BOULEVARD KM-lA $47, 500.00 from P.C.H. , PM 0 .00 HM-2C to the north City HM-2D limits approx. 0.25 HM-3H mile north of the north line of Edinger Avenue, PM 5 .89 a length of approz: 5 .89 miles . TCTC.L �i�}ncr;zE:L ;�!�•ac�.7U�E $123,0O0.00 -4- 4 . LEGAL RELATIONS AND .ESEQN, IBILITIES Nothing in the provisions of this Agreement is intended to create duties or obligations or rights in third parties not parties to this contract, or affect the legal liability of either party to this contract by imposing any standard of care respecting the maintenance of STATE highways different from the standard imposed by law. It is understood and agreed that neither STATE, nor any officer or employee thereof is 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 defend, indemnify and save harmless the STATE of California, its officers and employees from all claims, suits or actions of every name, kind and description brought. for or on account of injuries to or death of any person, or damage to property resulting from 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 understood and agreed that neither CITY nor any- officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction reserved to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code -5- Section 895.4 STATE shall defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction reserved to the STATE under this Agreement. 5. EMENDITURE A HORIT TION Subsequent to meetings with the District Director to establish the degree of maintenance to be performed as required by Section 2, CITY shall prepare a cost estimate for all routine maintenance as agreed to by the parties. The estimate shall be forwarded to STATE and shall be used by STATE as the basis for determining the "maximum authorized expenditure" as delineated in Section 3 . In order to ensure equitable compensation, a new "DELEGATION OF V.AINTENANCE' sheet (Section 3) will be provided annually by STATE for the ensuing fiscal year based on CITY's estimate of costs for maintenance. STATE shall request the cost estimate from CITY and shall deliver the new "DELEGATION OF MAINTENANCE" sheet at least 120 days prior to the beginning of the fiscal year in' question. STATE shall reimburse CITY for actual cast of all routine maintenance work performed by CITY as delegated under this Agreement, but it is agreed that during any fiscal year the maximum expenditure on any route shall not exceed the amount authorized by Section 3 of Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as herein provided for. -6- CITY may perform additional work if desired, but STATE will not reimburse CITY for any work in excess of the authorized amount unless approved by the District Director. The District Director may authorize adjustments needed because of inflation or changes in program emphasis. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additional expenditures for specific projects costing $5,000.00 or less may be made when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative. Expenditures by STATE for specific projects costing in excess of the above may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Division of Maintenance at Headquarters. j r Additional expenditures or adjustments of expenditures thus authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of the said expenditure, either increases or decreases, shall not affect the terms of this Agreement. 5 . CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semi-annually or annually) . Hills for less than $500.00 shall not be submitted more than once each quarter. Sills must be submitted promptly following close of -7- the corresponding billing period and should be coded according to the CalTrans HK Program Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and will not be honored. Equipment shall be charged at mutually acceptable rental rates . Labor and material shall be charged at actual cost. CITY will be allowed to recover overhead and administrative costs at rates as established by CITY's accounting records, not to exceed those charged by STATE for similar services. Emergency repairs may be performed by CITY with prior approval of the District Director or his representative. Payment shall be made only for the work authorized. Telephone authorization shall be accepted by both parties as valid for such repairs. Telephone authorization shall be followed by written approval within ten days.- CITY shall maintain, on a generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to STATE representatives for review during normal business hours fora period of three (3) years after payment of said billings. 7. TEEZ Q��QREEMENT This Agreement shall become effective ; rt. Qr' �U , 199 L , and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party. ..a_ 8. This agreement shall supersede any previous agreement for maintenance of STATE highways within CITY and any amendments thereto' between STATE and CITY, and contains the entire Agreement between the parties for the subject matter herein contained. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH DEPARTMENT OF TRANSPORTATION a municipal ccmporation James W. van Loben Sels Director of Transportation Mayor Chief,. Maintenance Branch District 12 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney ?a.0- 2 '/•- • la-w-n� REVIEWED AND APPROVED: I I '1I'ED ND APPROVED: City Administrator / Dire for of Public Works -9- Attachment 1 Maintenance unct o esc s UMIA e e oadbeds This provides for patching, sealing, and maintaining the surfaces and base courses of roadways, including asphalt surfaced shoulders. HMZC Drainage and Slopes This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks, and other appurtenances between the roadbed and the outer highway right of way boundary line. MD-Roadway Litter and Debris This - provides for removal of litter and debris from roadway surfaces and roadsides. JM2C Vegetation Controj Monpla]}t Areasl This provides for weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees, and pest control. IMi,-E=I dae and• Pump Maintenance This provides for repairs, cleaning and painting of bridge and sum pump structures. Includes electrical and mechanical maintenance of bridge and pump equipment. HM4M Pavement Delineation This provides for the repainting of traffic stripes and markings, and the cleaning, removal and replacement of raised pavement markers. HM4M r2f f ic Safety Dev'ces .. 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Iwl q •�, nI a) ••)(�)P) •4't4) tU N IU Il) 11 1 a fl rl »1 F 1 nJ •(!,tt It.tl t+l rt t=r 41 %f E t 1•I 1) �f � RESOLUTION 140. -'339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City of Huntington Beach and the State of California wish to adopt an Agreement to provide for the maintenance to certain state highways in the City of Huntington Beach; and A true and correct copy of the Agreement. between the parties is attached hereto as Exhibit "A, " and by this reference incorporated herein, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the document attached hereto as Exhibit "A," entitled AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR 2F.AINTENANCE OF STATE HIGHWAYS IN THE CITY OF HUNTINGTON BEACH, regarding the maintenance of certain state highways in the City of Huntington Beach, is hereby adopted. 2. That the Mayor of the City of Huntington Beach is hereby authorized to sign and fully execute the aforesaid Agreement on behalf of the City of Huntington Beach. -3- • V � PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 6, 1992. Mayor ATTEST: APPROVED AS TO FORM: iA !Ir i City Clerk 4w City Attorney ?&�x- �� rs-P-41 REVI D APPROVED: INITIATED AND PPROVED: ems._ _ City Administrator Directo of Public Works M.V� Res. No. 63?9 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Cleric of the City of Huntington Beach, and ex-officio Cleric of the City Council of said City, do hereby certify that the whole number of members of the City 'Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th day Of January 19 U by the following vote: AYES: Councilmembers: Moulton-E atte.-.s "] t11i+y}1A1��i l�ra .r�o�, t►'arA 11 i Srr�r�{p NOES: .. Councilmembers: Norte ABSENT: Councilmembers: Robftaill-e City L erK anc ex-officio tfferk of the City Council of the City fhe foregoing instrL*.Mq-* ; r-. of Huntington Beach, California COPY ZZ -----__.90MME BROCKVIAY LZI L STATE CF CALIFORNIA—BUSINESS AND TRANSP .IATION AGENCY PETE WILSON• Go%*"jor DEPARTMENT OF TRANSPORTATION DISTRICT 12 t 2501 PULLMAN STREET SANTA ANA• CA 92705 January 29, 1992 Mr. Donald W. Kiser Operations Manager Public Works Dept. City of Huntington Beach 2000 Main Street P.O. Box 190 Subject : City/State Delegated Maintenance Agreement Dear Don, Enclosed is one fully executed copy of the subject agreement for your files. The Agreement becomes effective January 30, 1992 and authorizes a maximum expenditure of w123,000 per fiscal year for the maintenance programs noted in Section 3 of the agreement. Than: you for your cooperation in the processing of the subject agreement . If we may be of further assistance, please call Bob Jordan of my staff at (714 ) 724-2777 . Sincerely, , R_J./W.T.A. W.T. Almany III c.c. File Chief, Maintenance Branch District 12 REQUEST FOR CITY COUNCIL ACTION January 6, 1991 Date Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato /� G 14�rZ Prepared by: Louis F. Sandoval, Director of Public Works ' Subject: AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS CITY CLP.RK Consistent with Council Policy? K] Yes I I New Policy or Exception yqw- � 3 3 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: A new agreement for maintenance of State highways in the City of Huntington Beach has been prepared, which incorporates a significant increase in authorized expenditures by the City. RECOMMENDATION: 1. Approve the agreement, and direct its execution by the Mayor and City Clerk. 2. Adopt Resolution No. t/3 acknowledging approval of the agreement. ANALYSIS: In 1970, the City of Huntington Beach and the State of California entered into an agreement providing for city maintenance of State highways, Route 1 and Route 39. This agreement provided for maximum authorized expenditures of $42,449 per year that the State would reimburse the City for maintenance performed. There have been no monetary increases since 1970, even though various efforts have been pursued by the City for the past six years. Following the completion of the MSI Report, Public Works staff contacted the State and discussed increased authorizations to be inserted into the last draft of a new agreement which was prepared in 1986. but never acted upon. The amounts proposed were derived from the MSI Study and Report for Cost Center S199, plus an inflation factor for 1991. The State Maintenance Branch agreed to the authorizations requested. This new agreement has a $123,000 maximum per year which will eliminate the past City subsidy indicated in the MSI Report. The increase of$90,552 per year in authorized expenditures, will provide for an increase in the level of maintenance service. UNDING SOURCE: Initial expenditures are made from Street Maintenance budgeted accounts, and reimbursed by the State on a quarterly to semi—annual basis. 1 CZ C �l13�3 �il� PI0 5/85 Request for Council Action Agreement for Maintenance of State Highways January G, 1992 Page 2 ALTERNATIM ACTIONS: 1. Do no approve the agreement and continue under 1970 provisions. This would continue City subsiding the program. 2. Do not approve the agreement, and cancel the 1970 agreement. This would cause a significant decrease in level of service. ATTACHMENTS: 1. Agreement 2. Resolution acknowledging approval LFS:DK:lb 3127g RESOLUTION NO. 6330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City of Huntington Beach and the State of California wish to adopt an Agreement to provide for the maintenance to certain state highways in the City of Huntington Beach; and A true and correct copy of the Agreement between the parties is attached hereto as Exhibit "A, " and by this reference incorporated herein, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the document attached hereto as Exhibit "A, " entitled AGRE ?r--NT BY AND BETTr+EEti THE CITY OF HUNTINGTON BEACH AND THE STATE Or CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THEE CITY OF HUNTINGTC•-! BEACH, regarding the maintenance of certain state highways in the City of Huntington Beach, is hereby adopted. 2 . That the Mayor of the City of Huntington Beach is hereby authorized to sign and fully execute the aforesaid Agreement on behalf of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 6, 1992 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk �-l � City Attorney ��- %�-'�f' r1 It�1 'RI REVFEk'" '?�D APPROVED: INITxATED AND PPROVED: �z:n�- - - City AdminiEtrator Directo of Public Works -2- Res. No. 6339 STATE OF CALIFORNIA COUNTY OF ORAINGE ss: CITY OF HUNTINGTON BEACH ) I , CONNIt BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach., and ex-officio Clerk of the City Council of said City, do hereby certify that the whale number of members. of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of 19_U_, by the following vote: AYES: Counci 1 m,embers: inch=" cj1���'Af1"t M�'+A� 1CLAr xP��V •y.__ Y.- NOES: Councilrrembers: Ncne ABSENT: Councilnembers: Ro'�_t�il le City Cler an ex-officlo er of the City Council of the City Re forego;ng irc_t-•_71a-� . _. of Huntington Beach, California COPY Ci t'.? .. CvV41'E SnOCKWAY Lei. .