Loading...
HomeMy WebLinkAboutC-1870 - Transfer revenue sharing funds from Inspiration Point to West Newport ParkTEMS REMOVED FROM THE CONSENT CALENDAR: A report was presented from the Parks, Beaches and Recreation Director regarding funds for West Newport Park restroom design. Mayor Dostal stepped down from the Council table d possible conflict of interest. BAW $2,000 increase in Budget Appropriations and decrease in Unappropriated Surplus to provide for architectural design fee to design the aes• thetic structure that surrounds the restroom modules in West Newport Park, from Unappropriated Surplus to West Newport park Restroom, Building Excise Tax Fund, was approved. Mayor Dostal resumed his seat at the Council table. Mayor Dostal adjourned the meeting at 12:32 A.M., May 24, 1977 C6 U ' 73 T F. AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered into this day of 1977, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY". W-1—T—N—E—S— SET —H: WHEREAS, CITY and COUNTY entered into an Agreement on the 22nd day of October, 1976, to provide revenue sharing funds for site acquisition of the West Newport Park; and WHEREAS, the site can be acquired for less money than originally anticipated; and WHEREAS, CITY and COUNTY desire that a portion of the revenue sharing funds previously intended for site acquisi- tion be used for development;of the-Park; NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the S s hereto agree as follows: 3 1. The third paragraph.in the recital to the Agreement 7 9- ;9 , 10 is amended to read as follows: "WHEREAS, the parties hereto desire to terminate the aforesaid prior agreement and enter into a new agreement.to provide for the acquisition and development of West Newport Park for recreational use, in lieu of the aforesaid acquisition of two lots on Ocean Boulevard in Corona del Mar; and" 2. Item 3 on page two of the Agreement is amended to read as follows: "3. The cost of acquisition for recreational use will include approximately two acres of land and shall be divided between CITY and COUNTY, CITY to pay over the entire Period of the project fifty -four and four - tenths percent (54.45) of this cost, or Ninety -Two Thousand Five Hundred Dollars ($92,500) and the COUNTY shall pay forty -five and six - tenths percent (45.68), or Seventy -Seven Thousand Five Hundred Dollars ($77,500), or a lesser amount, if CITY's cost of acquisition after the date of this Amendment is decreased. The first $45,000 of the cost of development of recreational and /or parking facilities at the Park shall be divided equally between CITY and COUNTY, CITY to pay fifty percent (508) of this cost, or Twenty -Two Thousand. Five Hundred Dollars ($22,500), and the COUNTY shall pay fifty percent (508) of this cost, not -2- 4 as to exceed Twenty -Two Thousand Five Hundred Dollars ($22,500), COUNTY shall not pay for any of the cost of the development beyond this amount. CITY shall be responsible for the cost of acquisition and design overhead, as well as operation and maintenance; such costs are not included in joint funding. Payment by COUNTY, based on actual expenditures, shall be made upon tender of CITY invoice and documentation tO.COUNTY and approval by the County Administrative Office." 3. Item 7 on page three of the Agreement is amended to read as follows: "7. CITY agrees that for acquisition projects, appraisal services and all other acquisition overhead,.including title documents, shall not be included in joint funding. CITY further agrees that appraisals and preliminary title documents shall be approved by COUNTY before CITY is reimbursed.by COUNTY. However, in the event appraisals are not approved by COUNTY, additional appraisals shall be obtained by CITY. COUNTY Will reimburse CITY only for fair market value of land. CITY agrees that for .development projects, planning and.design services and all other development overhead shall not be included in joint funding. CITY further agrees and acknowledges responsi- bility for the design of development projects and that plans and specifications shall be approved by the COUNTY prior to reimbursement by the COUNTY." -3- L ft 4• Item 10 on page three of the Agreement is amended to read as follows: "10. CITY agrees the project acquired and developed after acquired under this program must be retained for public Parks, recreation or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreation purposes and that the use of the property shall be granted to all residents of the COUNTY on the same conditions that residents of CITY use the property and that if the property ceases to be used for said purpose, CITY shall repay to COUNTY the sums contributed by COUNTY hereunder." 5. In all other particulars, said Agreement of October 22, 1975, shall continue to be in full force and effect and is hereby confirmed and ratified in all particulars. IN WITNESS WHEREOF, the parties hereto have executed -4- LJ ft this Agreement the day and year first above written. Dated: , 1977. ATTEST: Jun Alexander Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By Howard Serbin, -• Dated; -� 1977. ATTEST:' L-e� ity. Clerk APPROVED AS TO FORM: By DENNIS D. O'NEIL City Attorney -5- COUNTY OF ORANGE, a political subdivision of the State of California ..of Supervisors CITY OF NEWPORT BEACH, a municipal corporation B Mayor DDO /bc 3/15/77 0 RESOLUTION NO. 9 () 3 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO REVENUE SHARING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE DEVELOPMENT OF WEST NEWPORT PARK WHEREAS, there has been presented.to the City Council of the City of Newport Beach an Amendment to the Revenue Sharing Agreement between the City of Newport Beach and the County of Orange in connection with the development of West Newport Park;. and WHEREAS, the City Council has reviewed the terms and conditions of said Amendment to Revenue Sharing Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said amendment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said amendment.to agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf' of the City of Newport Beach. ADOPTED this 28th day of March ATTEST:' City Clerk Mayor , 1977 DDO /bc 3/28/77 • T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. CWern CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE November 3. 1916 Description of Contract �Xr fsr nos of Rewnne Sharing Ponds frue acquisition of Inspiration Point Lots to.acquieitfon of West Newport Par f . Authorized by Resolution No. —g913 , adopted on October 12, 1976 Effective date of Contract October 22, 1976 Contract with Orange Gounty Address ranaty Administrative Office General Revenue Sharing Section _ si% N_ _S=SM re St.. $anta Ana, CA 92701 Amount of Contract s.. Cmintrket , City Cler PLEASE RETURN TO � S CITY CLERK CITY OF NEWPORT BEACH 3300 NEWi'ORT 3n! I! r� � NEWPORT BEACH, CA!.!F. 4217`..' AGREEMENT THIS AGREEMENT made and entered into this o2°Z day of 1976, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the COUNTY OF ORANGE, a division of the State of California, hereinafter referred to as "COUNTY "; W I T N E S S E T H: WHEREAS, COUNTY has agreed to share some of its general revenue sharing funds with Cities, Service Areas and Park and Recreation Districts; and WHEREAS, the parties hereto have previously entered into a revenue sharing agreement dated March 18, 1975, in connec- tion with the acquisition of two lots on Ocean Boulevard in Corona del Mar; and WHEREAS, the parties hereto desire to terminate the aforesaid prior agreement and enter into a new agreement to provide for the acquisition of West Newport Park for recreational use, in lieu of.the aforesaid acquisition of two lots on Ocean Boulevard in Corona del Mar; and WHEREAS, West Newport Park is a recreational facility serving all of Southern California; and WHEREAS, CITY has a local parks ordinance in effect similar to the Quimby Act, whereby developers donate fees or land in ratio to the standard of 2 -1/2 acres of park per 1,000 population; and WHEREAS, CITY has an adopted element of its General Plan showing parks and recreation lands and facilities, existing and proposed; NOW, THEREFORE, FOR AND IN CONSIDERATION of these mutual premises, and the covenants and conditions hereinafter set forth, the parties hereto agree as follows: terminated. 1. The agreement of March 18, 1975 is hereby 2. West Newport Park shall be located between the Pacific Coast Highway and Seashore Drive and between 56th Street and the Santa Ana River in West Newport. 3. The cost of acquisition for recreational use will. include approximately two acres of land and shall be equally divided between CITY and COUNTY, CITY to pay over the entire period of the project fifty percent (50 %) of this cost, or One Hundred Thousand Dollars ($100,000) and the COUNTY shall pay fifty percent (50 %) or One Hundred Thousand Dollars ($100,000), or a lesser amount if CITY's cost of acquisition after the date of agreement is decreased. CITY shall be responsible for the cost of acquisition and design overhead, as well as operation and maintenance; such costs are not included in joint funding. Payment by COUNTY, based on actual expenditures, shall be made upon tender of CITY invoice and documentation to COUNTY and approval by the County Administrative Office. 4. CITY's source of funds for its share of project costs ($100,000) shall be Building Excise Tax Fund or General Fund. 5. For purpose of this Agreement, all funds received under this contract shall be disbursed or encumbered on or before July 1, 1977. 6. CITY shall maintain accounting records and other evidence pertaining to costs incurred, which records shall be kept available at CITY's office during the contract period and thereafter for five (5) years from the date of final payment of County revenue sharing funds and shall make said records available to COUNTY for any purposes at any time, and agrees that quarterly -2- progress reports will be supplied by CITY to the County Admin- istrative Office. 7. CITY agrees that for acquisition projects, appraisal services and all other acquisition overhead, including title documents, shall not be included in joint funding. CITY further agrees that appraisals and preliminary title documents shall be approved by COUNTY before CITY is reimbursed by COUNTY. However, in the event appraisals are not approved by COUNTY, additional appraisals shall be obtained by CITY. COUNTY will reimburse CITY only for fair market value of land. 8. CITY acknowledges that the funds being provided by COUNTY are funds received by the County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92 -512, and that expenditure of these funds must be in accordance with said Law and regulations issued by agencies of the Federal Government. CITY further acknowledges that when such funds are used on any construction project for which . twenty -five percent (25 %) or more of the costs are paid out of revenue funds, prevailing wages must be paid in accordance with the Davis Bacon Act, as amended, 40 U.S.C. 276a- 276a -7, and that labor standards as specified by the Secretary of Labor must be complied with. CITY agrees that if subsequently determined that said funds were not expended in compliance with the Federal laws and regulations, CITY will refund to COUNTY such sums which were improperly expended. 9. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this contract. 10. CITY agrees the project acquired under this program -3- must be retained for public parks, recreation or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreation purposes and that the use of the property shall be granted to all residents of the County on the same conditions that residents of CITY use the property and that if the property ceases to be used for said purpose, CITY shall repay to COUNTY the sums contributed by COUNTY hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. JUKE A.;:XAJDER Clerk of the Board of Supervisors of Orange County, California ATTEST: Dori George'/; ,City le�C rk -4- COUNTY OF ORANGE By Chair n, Board of Supervisors APPROVED AS TO FORM: By Adrian Kuyp , County Counsel CITY OF NEWPORT BEACH A municipal corporation By yor APPROVED AS TO FORM: By r _ D nn's D. O'Neil, City Att -ney W co Z a; W LL Oi r 6 U W 7 W jr z U Z p cc O i t (.,1 12 1976 RESOLUTION NO. 8 913 By 4ha C1 1­f COUNCiL CITY OF NEWPORT BEACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE TRANSFERRING THE USE OF REVENUE SHARING FUNDS FROM THE ACQUISITION OF INSPIRATION POINT LOTS TO THE ACQUISITION OF WEST NEWPORT PARK WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange in connection with the transferring of the use of revenue sharing funds from the acquisition of Inspiration Point Lots to the acquisition of West Newport Park; and. WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of October , 1976. Mayor ATTEST: City Clerk DDO /bc 10/7/76