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HomeMy WebLinkAboutC-2268 - Professional Services, Upper Newport Bay StudyRECORDING REQUES7r, BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 ' ��• ed � 11 pace Above L �I �"K 14 12 8 PG 15 14, l✓ `1 -12 s Line for Recorder's Use Only -1019 AM JUL 6 T I LICENSE AGREEMENT LEE A BRANCH, Coon' THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and MYERS-0. HILL LTD. dba UPPER NEWPORT PLAZA. A. City owns certain public street rights-of-way (hereafter "easements") located in the City of Newport Beach, County of Orange, State of California, which easements are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. Owner owns that certain real property located at 1601 Quail Street, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described in Parcel No. 3, Parcel Map 86-33, 34 (Resubdivision No. 529), as shown on a map filed in Book 139, page 32 of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid easements. ' C. This easement also contains public utility easements. D. City has water,'sewer and storm drain facilities located within said easement. E. City desires to condition approval of construction of any nonstandard street improvements over a portion of said street ease- ment containing said utility facilities. -1- sK 14 1 28PG 15 1 5 F. The parties hereto desire to execute an agreement providing for fulfillment of the conditions imposed by City on Owner as a pre- condition for the granting of permission to construct the nonstandard street improvements. NOW, THEREFORE, in consideration of their mutual promise, the parties hereto agree as follows: 1. DEFINITIONS. "Nonstandard street improvements" shall be defined as any landscaped areas and street or sidewalk surfacing within the public street right-of-way which is not constructed of asphaltic concrete or natural colored Portland cement concrete and/or finished in a customary fashion. 2. TERM. Rights granted under this agreement shall terminate twenty (20) years from the date of execution, unless earlier - terminated as provided herein. In the event that City desires to use the easement for street purposes, City may terminate this agreement by giving sixty (60) days' notice of its intention to do so, specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termina- tion of this agreement, early or otherwise, and/or consequent removal of improvements by City. 3. RIGHTS OF OWNER. Owner may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in sub- stantial conformance with plans and specifications therefor on file in the City's Public Works Department, in, on and across those certain easements described in Exhibit "A" hereto. 4. OWNER'S DUTIES. Owner shall properly and regularly maintain the improvements and shall timely pay all costs and expenses incurred in doing so. In the event that owners fail to properly and/or regularly main- tain the improvements, City may at its option, assume the maintenance -2- BK 14 12 8 PG 15 1 of the improvements and Owner agrees to pay all costs incurred by City in maintaining the improvements. 5. REPAIRS. City has the right to make such repairs to the improve- ments as it deems necessary for the protection of the public health, welfare and safety. Owner agrees to promptly reimburse City for the reasonable costs and expenses incurred by City in effecting such repairs. 6. RESTORATION. Should City be required to enter, onto the easements to construct, maintain, remove, repair, renew, replace or enlarge the water, sewer or storm drain facilities, the City may remove all or part of the improvements and in such event: (A) Owner shall restore the improvements to their condition prior to removal by the City, said restoration to be completed within sixty (60) days from notice to Owner that City has completed its work; (B) City agrees to bear the portion of the costs of the restoration of the improvements to the extent such costs would have been incurred had standard street improvements been installed by _ Owner; (C) Owner agrees to pay any costs of restora- tion of the improvements in excess of the costs to be paid by City. 7. INDEMNIFICATION. Owner agrees to indemnify, defend, and hold City, its officers, agents and employees harmless from all demands, claims, losses or liability that arise out of or that are in any way re- lated to the construction, use, maintenance or restoration of the improvements. 8. BREACH. In the event either party breaches any material provision of this agreement, the other party at its option may, in addition - 3 - BK14128po1517 to the other legal remedies available to it, terminate this agree- ment, and, in the event the breaching party is Owner, City may enter upon the easement and remove all or part of the improvements installed by Owner. Termination because of breach shall be upon a minimum of ten (10) days` notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this agreement, the pre- vailing party shall be entitled to reasonable attorney fees and costs incurred. '9. SEVERABILITY. The provisions of this agreement are independent and severable, and the invalidity or partial invalidity or unenforce- ability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 10. RECORDATION. Each of the parties hereto specifically consents to the recordation of this License Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restric- tions and charges hereunder, and all their benefits and burdens, shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. 11. ASSIGNMENT. The terms and conditions of this agreement shall be binding upon the successors and assigns of Owner, and shall also be binding upon owners who take title to the property by reason of foreclosure, trustee's sale, or otherwise. 12. NOTICE. When notice is to be given pursuant to this agreement, it shall be addressed as follcjs: CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 -4- OWNER Myers -0. Hill Ltd. dba Upper Newport Plaza 250 Newport Center Drive, M-100 Newport Beach, CA 92663 BK 14 12 8 pG i 5 8 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postacge prepaid. EXECUTED the day and year first above written at Newport Beach, California. ATTEST: Z,//"" Q City Clerk APPROVED AS TO FORM: City- Attorney TO 447 C (Individual) STATE OF CALIFORNIA } SS. COUNTY OF J ' CITY OF NEWPORT BEACH A Municipal Corporation B Mayor MYERS-0. HILL LTD., dba UPPER NEWPORT PLAZA By ROBERT • w Ets Gefl-e-i��Otner 0 Oil _ Before me, the undersigned, a Notary Public in and for said State, personally appeared W _ It — -- w 2 W J ato be the person _ whose name_ _ subscribed W to the within instrument and acknowledged that_ executed the same. WITNESS my hand and official seal. Signature Name (Typed or Printed) known to me (This area Yor official notarial seal) STATE OF CALIFORNIA, COUNTY OF Orange ss. BK 14 12 8 PG 15 1 9 ON June 23 19 81 t before me, the undersigned, a Notary Public in and for said State, personally appeared Jacqueline E. Heather, known to me to be the Mayor of City of Newport Beach and Wanda E- Andersen, known to to he the City Clerk of City of NPwpnrt R ch known to me, Os E&; AL SEAL to be the persons_ whose names are subscribed to the within Instrument, iA ®OROi�'� L. t`t�^ and acknowledged to me that —t—he-y- executed the same. NOTARY PJFQ 1-41 C.,' :A > PRINCIPAL OrAN": G4atrr:j"d WITNESS my hand and official seal. „.> my COmm;ssion�Expires �:F^I 5, IBESNot Public in and for said State. Dorothy L. Palen nreNnwi cnru9NT_r--l—WM,.++� cn,M 71a—P— I -AA C m CL E 0 U d i= E Q a L N m 7 0 co E o` LL STATE OF CALIFORNIA COUNTY OF OPANGTE ss. On -= 4 r 1981 _ , before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT 0. HIL_L� General Partner of LL MYERS-0. HILTD known to me to be QDe. of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature anet Crowther Name (Typed or Printed) OFFICIAL SEAL JANET CROWTHER -® NOTARY PUBLIC - CALIFORNIA s PRINCIPALCFFICEIN ORANGE COUNTY ti My Comm. Expires Nov. 27, 1S31 (This area for official notarial seal) mel �Llz Y CO O � 19 I- T- �1 �, �l �✓ ,� � f'L�CE i.59. /3' !�"-c NORTN BRfs7'D� STn�E�.T 5MEE7 d O WrMar.N rsop x -- �- 9 �_ _ I NOeTN 8.P/.57OL STP.SET &EEMENT FOR PROFESSIONAL OVICES v Environmental Impact Report: Early Action and Interim Sedimentation Control Plan, Upper Newport Bay. This Agreement is made and entered into this C -2268 Culbertson, Adcc Inc. day of , 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein- after referred to as "NEWPORT BEACH ", and Culbertson, Adams, Inc., herein- after referred to as "CONSULTANT" W I T N E S S E T H: WHEREAS, the PROPOSED PROJECT shall consist of deepening the San Diego Creek Channel, installation of drop structures, and dredging in the Upper Bay, described as Alternative 1 in the Technical Memorandum for Sub - task 1 -B, Early Action and Interim Plan for the Newport Bay Watershed, which CONSULTANT has read and has a copy; and WHEREAS, NEWPORT BEACH has determined that implementation of the PROPOSED PROJECT could result in significant environmental impacts; and WHEREAS, an environmental impact report (EIR) will be required pur- suant to the California Environmental Quality Act (CEQA); and and an EIR, WHEREAS, CONSULTANT has submitted a proposal to prepare said EIR; WHEREAS, NEWPORT BEACH has reviewed the proposal; and WHEREAS, NEWPORT BEACH desires to accept the proposal to prepare NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. General A. AGENCY engages CONSULTANI to perform the services hereinafter described for the compensation herein is • stated. B. CONSULTANT agrees to perform such services upon the terms hereinafter set forth and to accept the compensation herein stated as full compen- sation for said services. C. Work shall be conducted in two (2) phases. CONSULTANT shall not commence either phase of work until authorized to do so by the CITY OF NEWPORT BEACH. D. Standard conditions listed on CONSULTANT'S Schedule of Fees (attached) shall be observed. II. Services to be Performed by the Consultant. A. Phase 1 CONSULTANT hereby agrees to perform the follow- ing services under Phase l: 1. Prepare a Screencheck and Draft Environ- mental Impact Report for the PROPOSED PROJECT. The following topics will be addressed: Land Use. This section shall contain an overview of the existing Land Use Element and Zoning designations for the area of the alternative selected as well as alternatives 2 -5 project areas. The discussion shall include any relevant adopted policies pertain- ing to all project areas. A prelimi- nary assessment of consistency with all elements of the General Plan shall OFade following consultat0 with other than the City of Newport Beach, such as the Department of Fish and Game Master Plan for Upper Bay, shall also be presented, and shall be ac- companied by a preliminary assessment of compatibility with such plans. The assessment shall also include land use impacts of the dredge disposal site. Geology and Soils. Information for this section shall be derived from a survey of existing sources, to include U.S. Department of Mines and Geology exhibits and sedimentation Control Plan reports. Hdroloa . This seciton shall be based upon data from Subtask I -A and I -B Technical Memorandums, which con- tain extensive information and refer- ences on flow character and velocities. Water Qualms. An inventory of exist- ing water quality data for San Diego Creek and the Upper Bay will be con- ducted. The discussion shall take advantage of a considerable base of monitoring data available at the Orange County Environmental Management Agency. Of particular concern will be informa- tion on nutrient concentrations in re- 1 ion to standing water in Oe basins and possible vector and algae problems. Biological Resources. The sensiti- vity of this issue requires that bio- logical resources be examined in depth. The recent removal of all resources from the creek channel between Mac- Arthur Boulevard and Michelson Drive reduces impact potential in this area, and thus the primary effort will be directed toward examination of the Upper Bay, and to a lesser extent, the dredge disposal site. The areas of the project alternatives will aslo be examined, although in less detail than the chosen alterna- tive. It is anticipated, however, that the information prepared for these latter areas would provide an adequate foundation for future en- vironmental determinations. The study shall place special emphasis on mitigation programs appropriate for ameliorating biotic environments affected by the project. Traffic and Circulation. A traffic study will be presented as a part of this EIR evaluating the traffic impacts of the construction of the posed project. Primarily these impacts will be associated with removal of excava- ted materials. As a part of this study, mitigation measures will be pro- posed which will serve to minimize an- ticipated impacts. Noise. A brief evaluation of noise impacts shall be made. The short dura- tion of excavation activity, combined with the distance from residential or other noise sensitive land uses, reduces the potential for significant adverse impacts. Air Quality. Calculations shall be provided in this section which evaluate the effect of the short - term - excavation operation. Special emphasis shall be placed on mitigation for fugitive dust impacts. Potential odors from dredged materials will be examined. Cultural Resources. Impacts to these resources are not anticipated as a re- sult of the implementation of the selected alternative. Discussion in the section shall focus primarily on mitigation measures for archaelogical, paleontological and historical re- sources. thetics. This section s l deal with the visual changes occurring in San Diego Creek as a result of the proposed project. Energy. An evaluation of impacts to energy resources shall be made con- sistent with the Guidelines for Im- plementation of the California Environmental Quality Act (Cal. Admin. Code S 15000 et. seq.). Project Maintenance. Maintenance of the proposed project will be necessary and will generally consist of removal of material deposited in drop struc- ture and in the basin. Impacts asso- ciated with project maintenance will be similar to those associated with initial project implementation, though on a smaller scale. These will gener- ally consist of impacts on noise, dust, water quality /erosion, haul traffic, and newly- established biological re- sources. These factors will be exa- mined in the project EIR. 2. Submit ten (10) copies of a Screencheck EIR by April , 1981. 3. Prepare the Draft EIR in photo ready form within one week of receipt of comments on the Screencheck EIR from NEWPORT BEACH. s • 4. Attend one meeting with the Environmental Affairs Committee and one general meeting with Staff. B. Phase 2 CONSULTANT will not proceed with any portion of Phase 2 without authorization from NEWPORT.BEACH. CONSULTANT hereby agrees to perform the following services under Phase 2: 1. Print 75 copies of the Draft EIR. 2. Prepare distribution and notification lists for the Draft EIR. 3. Respond to Comments on the Draft EIR. 4. Prepare and print thirty (30) copies of the Final EIR. 5. Attend the following meetings accom- panied by technical consultants as required: a. Four meetings with City Staff. b. Two meetings with Planning Com- mission. c. Two meetings with citizens or other groups. d. Two meetings with City Council III. Compensation A. Phase 1 Compensation for Phase I shall be $23,£300.00. Fifty (50) percent of this amount shall be s 6 payable after receipt of the Screencheck EIR by NEWPORT BEACH. The remaining fifty (50) percent shall be payable after acceptance of the Draft EIR by NEWPORT BEACH. B. Phase 2 Compensation for Phase 2 shall be on a time and materials basis at CONSULTANT'S regular billing rates (attached) and shall not exceed the following figures unless authorized in writing by NEWPORT BEACH. Printing (75 copies of $1700.00 the Draft EIR, 30 copies of the Final) Response to Comments $6800.00 Attendance at Meetings $2400.00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST CITY CLERK APPROVED AS TO FORM i c' ASSISTANT CITY ATTORNEY CITY OF NE14PORT BEACH MAYO /W AN DI ADAMS �� t rj TO: City Council City Council Meeting Agenda Item No. CITY OF NEWPORT BEACH FROM: Planning Department SUBJECT: 208 Early Action Plan EIR Suggested Action March 23. 1981 F -8(a) If desired, authorize the Mayor and the City Clerk to execute an agree- ment for professional services between the City of Newport Beach and Andi Adams for the preparation of an Environmental Impact Report for the 208 Early Action and Interim Plan. Background On March 19, 1981, the State Water Resources Board will be making final decisions regarding the award of Clean Water Bond Funds. It is currently anticipated that the City of Newport Beach will be awarded $1 million for the implementation of the City's Early Action and Interim Plan for the control of sedimentation in Upper Newport Bay. Before construction of sedimentation controls commences, an Environ- mental Impact Report will be required. Andi Adams, environmental consultant, has submitted a proposal to prepare an EIR on the Early Action and Interim Plan for a fee not to exceed $34,700. The fee is broken down as follows: Preparation of the Draft EIR $23,800 Printing (75 copies of the DEIR, 30 copies of the Final) 1,700 Response to Comments 61800(1) Attendance at Meetings 2,400(2) TOTAL $34,700 (I} This figure is tentative and is a "best estimate" of the consultant based on similar experience. The precise amount of work required will depend on comments received during the public review period. (2} Attendance at additional meetings will be on a time and material basis. i TO: City Council - 2. The EIR will address those issues discussed in the following sections: Land Use. This section shall contain an overview of the existing Land Use Element and Zoning designations for the area of the alterna- tive selected as well as Alternatives 2 -5 project areas. The discus- sion shall include any relevant adopted policies pertaining to all project areas. A preliminary assessment of consistency with all elements of the General Plan shall be made following consultation with City staff. An inventory of any existing plans of agencies other than the City of Newport Beach, such as the Department of Fish and Game Master Plan for Upper Bay, shall also be presented, and shall be accompanied by a preliminary assessment of compatibility with such plans. The assessment shall also include land use impacts of the dredge disposal site. Geology and Soils. Information for this section shall be derived from a survey of existing sources, to include U.S. Department of Mines and Geology exhibits and Sedimentation Control Plan reports. Hydrology. This section shall be based upon data from Subtask I -A and I -B Technical Memorandums, which contain extensive information and references on flow character and velocities. Water Quality. An inventory of existing water quality data for San Diego Creek and the Upper Bay will be conducted. The discussion shall take advantage of a considerable base of monitoring data available at the Orange County Environmental Management Agency. Of particular concern will be information on nutrient concentrations in relation to standing water in the basins and possible vector and algae problems. Biological Resources. The sensitivity of this issue requires that biological resources be examined in depth. The recent removal of all resources from the creek channel between MacArthur Boulevard and Michelson Drive reduces impact potential in this area, and thus the primary effort will be directed toward examination of the Upper Bay, and to a lesser extent, the dredge disposal site. The areas of the project alternatives will also be examined, although in less detail than the chosen alternative. It is anticipated, however, that the information prepared for these latter areas would provide an adequate foundation for future environmental determinations. The study shall place special emphasis on mitigation programs appropriate for ameliorating biotic environments affected by the project. Traffic and Circulation. A traffic study of this EIR evaluating the traffic impacts proposed project. Primarily these impacts removal of excavated materials. As a part measures will be proposed which will serve impacts. will be presented as a part of the construction of the will be associated with of this study, mitigation to minimize anticipated Noise. A brief evaluation of noise impacts shall be made. The short duration of excavation activity, combined with the distance from resi- dential or other noise sensitive land uses, reduces the potential for significant adverse impacts. i • T0: City Council - 3. Air Quality. Calculations shall be provided in this section which evaluate the effect of the short - term - excavation operation. Special emphasis shall be placed on mitigation for fugitive dust impacts. Potential odors from dredged materials will be examined. Cultural Resources. Impacts to these resources are not anticipated as a result of the implementation of the selected alternative. Dis- cussion in the section shall focus primarily on mitigation measures for archaelogical, paleontological and historical resources. Aesthetics. This section shall deal with the visual changes occur- ring in San Diego Creek as a result of the proposed project. Energy. An evaluation of impacts to energy resources shall be made consistent with the Guidelines for Implementation of the California Environmental Quality Act (Cal. Admin. Code S 15000 et. seq.). Project Maintenance. Maintenance of the proposed project will be necessary and will generally consist of removal of material deposited in drop structure and in the basin. Impacts associated with project maintenance will be similar to those associated with initial project implementation, though on a smaller scale. These will generally consist of impacts on noise, dust, water quality /erosion, haul traffic, and newly - established biological resources. These factors will be examined in the project EIR. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by SANDRA L. NIS Associate Planner SLG /kk �ITY OF NEWPORT F#ACH C UNCIL MINUTES 0 March 23_ 1981 INDEX 8. STAFF AND COMMISSION REPORTS: - For information and approval: (a) Report from the Planning Department regarding 20B /Interim the selection of a consultant for the 208 Cntrl /EIR Interim Control Plan EIR. (Attached) (68) (-�S) C- 2Z.W (b) Report from the Airport Aviation Committee Airprt /Avia establishing a time and date for Town Hall Comte Meeting. (Attached) (58) (c) Report from the City Manager concerning the Finance/ appropriations limit under Proposition 4. Prop 4 (Attached) (40) 9. PUBLIC HEARING SCHEDULING: - None. 10. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. Resub 623 623 - Acceptance of the public improvements con- (84) structed in conjunction with Resubdivision No. 623; authorization to the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 55- 1052 -996); and authorization to the City Clerk to release the Labor and Material Surety (Certificate of Deposit No. 55- 1052988) in six months provided no claims have been filed). (A report from the Public Works Department) 11. RESUBDIVISION NO. 538 - Authorization to the City Resub 538 Clerk to release the Faithful Performance Bond (84) (Bond No. 2621009); and authorization to the City Clerk to release the Labor and Material Bond (Bond No. 2621009). (A report from the Public Works Department) 12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10587 - Tr 10587 Accept the public improvements constructed in conjunction with Tract No. 10587; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. B391513); and authorization to the City Clerk to release the Labor and Material Bond (Bond No. B391513) in six months provided no claims have been filed. (A report from the Public Works Department) 13. AUTHORIZATION TO STAFF - To retain an appraiser to Prop /Acq determine the fair market value of the southwester) 205 -39th St 7.15 feet of 205 -39th Street. (A report from the (73) Public Works Department) 14. BUDGET AMENDMENTS: - For approval: (25) BA -060, $950.00 increase in Budget Appropriations and Revenue Estimates for Donations from Pacific Mutual Life Insurance Company for the purchase of Library Books; Library Fund. Volume 35 - Page 89 C UNCIL ral 1 z v�� Rnl I Je (QTY OF NEWPORT BVCH Marrh 23. 1981 MINUTES I finry BA -061, $5,700.00 transfer of Budget Appropriations for purchase of a 60" lawn mower; Park and Recrea- tion Fund. BA -062, $7,500.00 transfer of Budget Appropriations for construction of a log boom debris barrier at Upper Newport Bay; Services - Professional, Technical, etc., Fund. BA -063, $692.00 increase in Budget Appropriations from Contingency Reserve for purchase of dictaphone transcribing unit for City Attorney's Office; Office Equipment. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from David B. Anderson, which was referred Armstrong to staff for reply, requesting reconsideration of Pet /Oil the City's cancellation of the Armstrong Petroleum (73) Contract, was presented. Motion x The foregoing letter was referred to staff for All Ayes reply, with a copy of the response to Council. 2. Proposed Ordinance No. 1878, being, PB &R /Rcrtn 0 -1878 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (62) AMENDING SECTION 11.08.040 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SLEEPING IN VEHICLES OR ON BEACHES, was presented for introduction and pass to second reading on April 13, 1981. A report from the Police Department was presented. Motion x Motion was made to delete "private piers and docks," with the specific understanding that, if said deletion proves to be unsatisfactory, recon- sideration will be given at a future date for . an amendment to the ordinance. Police Chief Charles Gross addressed the Council, stating they would prefer that "private piers and docks" be retained in the ordinance; however the department will enforce whatever the City Council enacts. Ayes x x x x The motion was voted on, and carried. Noes x x x 3. Resolution No. 81 -239 of the Orange County Board of Res /Other Supervisors, regarding Santa Ana Heights Specific (77) Plan and ANCLUC Implementation Monitoring Program, Planning and requesting one representative of the City of (68) Newport Beach be appointed to the Planning Advisory Group, was presented and referred to staff for inclusion in the records. Motion x Council Member Maurer was appointed as the City's OC /Ping Adv All Ayes representative to the Planning Advisory Group. Group Volume 35 - Page 90