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HomeMy WebLinkAbout15 - CdM Landscape Installation & MaintenanceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development, Planning. Department Kathlyn Bowden, AICP; Economic Development Coordinator; 949/644 -3230; kbowdenAciN.newoort- beach.ca.us SUBJECT: Corona del Mar Business Improvement District Memorandum of Understanding for Landscape Installation and Maintenance ISSUE: Should the City approve a Memorandum of Understanding between the Corona del Mar Business Improvement District (BID) and the City of Newport Beach to allow the BID to install and maintain landscape improvements according to the BID's adopted Vision Plan? RECOMMENDATION: Approve the Memorandum of Understanding for landscape installation and maintenance between Corona del Mar Business Improvement District and City of Newport Beach DISCUSSION: The Corona del Mar BID was established in 1996 by business leaders with a vision to strengthen and .improve the physical appearance of the village business district of Corona del Mar. Working collectively with the organization's business members, local residents and the City of Newport Beach, the BID is dedicated to completing the overall 'Vision Plana for the community of Corona del Mar. In accordance with the Corona del Mar Vision Plan, the BID currently contracts with the City's contractor, Park West Landscape, to install annual color at Centennial Plaza, and maintain the tree wells that line the sides of Coast Highway, from Avocado Avenue to Hazel Drive. The BID will be eliminating the need to fund annual color at the Marguerite dolphin beds in favor of new perennial plantings, shrubs, and groundcover. The BID also assumes responsibility for the installation and removal of all seasonal holiday decorations throughout the year. The City's contractor continues to take care of basic CdM BID MOU 2008 - May 13, 2008 Page 2 landscape needs (tree trimming, weeding, etc.) for Centennial Plaza and all median areas. The attached memorandum of understanding is the result of numerous conversations with representatives of the BID, General Services, City Attorney and Planning staff to clarify existing installation and maintenance responsibilities, and to document the enhanced level of service the BID plans to maintain in the Corona del Mar community. The memorandum provides that only the specifically described improvements may be installed, the improvements must be maintained by contractor, with the contract approved by the City Attorney and General Services Department, and the City may alter or remove portions of the described improvements upon written notice to the BID, should the need arise. In addition, the memorandum will serve as a guiding document for defining any future maintenance responsibilities. The BID Board of Directors voted to approve the memorandum and associated exhibits in substance at their March 27, 2008 meeting, with final approval delegated to the BID Chairman at the April 24, 2008 meeting. ENVIRONMENTAL REVIEW: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). Submitted by: epared by: Sharon Z. Woo athlyn Bowden, AICP Assistant City Manager Economic Development Coordinator Attachments: Attachment A: Memorandum of Understanding 08- Exhibit 1: Permitted Improvements Description, including Specific Location Plan(s) Z NON - STANDARD MAINTENANCE MEMORANDUM OF UNDERSTANDING (MOU 2008-0j THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of 2008, by and between the Corona del Mar Business Improvement District (hereinafter "BID "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"). WITNESSETH: WHEREAS, the BID desires to hire a contractor to install and maintain certain non- standard landscape improvements (hereinafter "PERMITTED IMPROVEMENTS ") within the Corona del Mar community of the City of Newport Beach, described and depicted as in EXHIBIT 1, which is attached hereto and incorporated by this reference; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within right -of -way and other public property; and WHEREAS, the parties hereto desire to execute a Memorandum of Understanding (hereinafter "MOU ") which sets forth the understanding of the parties related to the installation. and maintenance of the PERMITTED IMPROVEMENTS. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree. as follows: 1. It is mutually agreed that the CITY shall allow the PERMITTED IMPROVEMENTS to be installed, maintained, operated, repaired and replaced within the City's right -of -way and on other publicly -owned property in the areas described and depicted in EXHIBIT 1. In addition, if any of the PERMITTED IMPROVEMENTS actually installed vary from the PERMITTED IMPROVEMENTS set forth in EXHIBT 1, such variations or changes must be approved in advance and in writing by the General Services Department. 1 '�j 2. The BID shall hire a contractor to perform the installation, maintenance and repair of the PERMITTED IMPROVEMENTS ('Contractor"). To ensure that the CITY's interests are adequately protected and that the work is done in conformance with City requirements, the BID shall have the Contractor's Agreement approved by the Office of the City Attorney and the General Services Department. 3. The BID understands and agrees that the CITY reserves any and all rights it has in the property where the PERMITTED IMPROVEMENTS are located. Should CITY be required to enter onto said property to exercise its primary rights associated with said property, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS. Where feasible, the CITY shall provide sixty (64) days written notice to BID before removing any PERMITTED IMPROVEMENTS. The BID understands and agrees that any PERMITTED IMPROVEMENTS removed or otherwise altered by the CITY will not be replaced or restored by the CITY. BID understand that it shall be responsible for arranging for any renewal, replacement, or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY and all costs and expense related thereto. 4. The BID shall be liable for all costs and expenses related to the installation, maintenance and repair of the PERMITTED IMPROVEMENTS. 5. The PERMITTED IMPROVEMENTS shall be maintained in accordance with generally prevailing standards of maintenance. 6. If CITY or other private /public facilities or improvements are damaged by the installation, maintenance, and /or presence of PERMITTED IMPROVEMENTS, the BID shall be responsible for all costs and expenses related thereto. 7. This Memorandum of Understanding shall be renewed on an annual basis, and shall include annual updates of all exhibits. 2 I, IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on the day and year first above written. APPROVED AS TO FORM: By: Aaron Harp, Asst. City Attorney ATTEST: By: LaVonne Harkless, City Clerk EXHIBITS: CITY OF NEWPORT BEACH, a Municipal Corporation in Homer Bludau, City Manager Corona del Mar BID: In Bernie Svalstad, Chairman 1) Permitted Improvements Description, including Specific Location Plan(s) 3 0 Exhibit #1 CdM BID Responsibilities 1. Landscape Maintenance Tree Wells: Weekly maintenance of the tree wells on PCH from Avocado Avenue to Hazel Drive on both sides of the PCH. Work includes weeding and debris removal, irrigation (where irrigation systems already exist), fertilizing, trimming, edging, addition of 10 yard of mulch annually and pest control. Any pest control performed must be under the direction of a person holding a Qualified Applicator License or Certificate; 2. Annual Color Centennial Plaza: Work includes installation of 8 flats . of annual color 4 times per year, soil preparation and fertilizer; and 3. Installation and removal, with. annual rior approval of the Utilities and General Services Departments, of seasonal holiday decorations throughout the year (timing as per the contractual arrangements of the BID). City of Newport Beach Responsibilities 1. Maintenance of all City trees within MOU boundaries; 2. Maintenance of BID installed color at the Centennial Plaza. Maintenance of all planters and hard surfaces at the Centennial Plaza; and 3. Maintenance of median landscape throughout the MOU boundaries. Corona del Mar Business Improvement District MOU � • AAF A 9 A A E I�RN R X Q P � N R •55< A R•Jj' qRg¢ pp ggvw.xr� Epp• pp•pI� •yR • ■ F gp ¢¢ C A A A A A p A •R A � 0 �•p R A R t W A � Y R A A FlR6I vF M1' .ar bJb 4 I d ib wl R ut W@ We.• o• - ba bb 4 �I 1 Trtt n WMm �I gg: 4 S F AI pw•A EXHIBIT 1 E� la a Wr - be ur I .I .. Ir6 S 8 g W 11a .aa _, 1p• ba bd 1: •.�RR'�R I �a • -- � q .oa .o. '� - • � � ix: a�� . {� a � R � .� � � —' Rai i R � R ..° I � n �5a •ae� P �xx xi n.• nel ewr Rx - � Syy' w•RRR ^�� TRW' ; S ... — x a § •A�g A3 R_ RRRR YII I @ ..e F Me e as • Tree Wells 0 150 300 -Medians Feet - CDM Plaza