HomeMy WebLinkAboutResolution No. 3730 RESOLUTION NO. 3730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING CALTRANS COOPERATIVE AGREEMENT NO. 3522 FOR
LANDSCAPING AND MAINTENANCE ON BROOKPARK ROAD ADJACENT
TO THE SANTA ANA FREEWAY BETWEEN THE SAN GABRIEL RIVER
AND THE RIO HONDO.
WHEREAS, the State proposes to widen and landscape the Santa Ana Freeway
from the San Gabriel River to the Rio Hondo in Downey; and
WHEREAS, the freeway in this area of Downey is being widened and soundwall
is being constructed, necessitating the removal of existing mature planting
within the freeway right -of -way, thus leaving no landscaping along the east side
of the freeway on Brookpark Road from the San Gabriel River to Rio Hondo; and
WHEREAS, the State proposes to provide landscaping in the one -foot planting
area between the State's soundwall or chain -link fence and the back of the City's
curb; and
WHEREAS, it is recognized that in order to achieve the full benefits of the
proposed project in enhancing 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's facility be extended to include
the area between the City's curb and the State's soundwall or chain -link fence,
hereinafter referred to as the "AREA OF WORK "; and
WHEREAS, the State is willing to landscape the Area of Work provided the
City of Downey will accept and maintain said landscaped area on Brookpark Road
adjacent to the Santa Ana Freeway between the San Gabriel River and the Rio Hondo.
NOW, THEREFORE, the City Council of the City of Downey does resolve as
follows:
SECTION 1. That the City of Downey will maintain the landscaping on Brook-
, park Road adjacent to the Santa Ana Freeway between the San Gabriel River and the
Rio Hondo upon receipt of notice of completion from the State and acceptance of
the Project by the State.
SECTION 2. That the City of Downey will pay for water and electrical work
required to maintain planting after acceptance of the Project.
SECTION 3. That if the City of Downey fails to maintain the Area of Work
landscaping, and if within thirty (30) days from notice thereof the Area of Work
landscaping is still not maintained, the State may perform sufficient maintenance
to preserve this landscaping, cost of which will be paid by the City of Downey
within ninety (90) days of billing.
SECTION 4. That responsibility for damage and /or liability is understood
and agreed to by both parties pursuant to Government Code Sections 810.8 and
895.4.
SECTION 5. That the Mayor is hereby authorized to execute City /State Cooperative
Agreement No. 3522 on behalf of the City of Downey.
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 13th day of November , 1979.
r
1 �
ATTEST•, Kenneth J. iller, Mayor
x / i ,()///.
A
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 3730 was approved and
adopted at the regular meeting of the City Council held on the 13th day of
Novr , 1979, by the following vote, to wit:
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
City Clerk