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
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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:
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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
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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."
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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
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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
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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
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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
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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
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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
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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