HomeMy WebLinkAboutC-2302 - Cooperative Agreement, Environmental Impact Report on Caltrans WestWI
CITY OF NEWPORT BEACH
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OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE: March 29, 1982
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT:. Contract No. 2302
Description of Contract Co -op Agreement for E.I.R.
on Caltrans West.
Effective date of Contract November 6, 1981
Authorized by Resolution No. 11074 adopted on Oct. 26, 1981
Contract with State of California, Dept, of Transportation
Address 120 South Spring St, Suite 500
Los Angeles, CA 90012
Amount of Contract 518.150.00
Wanda E. Andersen
City Clerk
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City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN 1R., rowmor
DEPARTMENT OF TRANSPORTATION
LEGAL DIVISION
120 SOUTH SPRING STREET, SUITE 500
LOS ANGELES, CALIFORNIA 90012
TELEPHONE: (213) 6245000
November 9, 1981 "
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Mr. Fred Talarico
Environmental Coordinator 6 Nay, e)A- %
City of Newport Beach 4'j r94 ,
3300 West Newport Boulevard ��� ua
Newport Beach, California 92663 s
Dear Mr. Talarico:
Re: Caltrans West
Enclosed is the city's executed copies of Cooperative
Agreement No. 3621, regarding payment of $18,150.00 for
preparation of an E.I.R. on Caltrans West. In addition,
I have enclosed in triplicate an invoice for receipt of
$18,150.00. Please execute the invoice where indicated
and return the original and one copy in the enclosed
self- addressed envelope.
Thank you for your cooperation in this matter.
Very truly yours,
Joseph A. Montoya
Deputy Chief Counsel,
By
David R. Simmes
Attorney
DRS:th
Enclosures
FORM DAS -FM -63 (REV. 7.73)
e:r. nu. xaon -ow o-n 7eR OO oc. - &VEMBER 9, 19 $1
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE ORDER
OR SERVICE CONTRACT
No.
TERMS:
Citv of Newport Beach
VENDOR
3300 Newport Boulevard
ADDRESS
Newport Beach, California 92663
I
FEES
- DRAFT
AND FINAL E.I.R
$18,150
00
Re:
Caltrans
West Cooperative
Agreement #3621
Check No. 916578
RECEIVED PAYMENT BY
Environmental Coordinator
City of Newport Beach. .
DATE,
I certify that claim is correct.
November 9. 1981
Vend. I
WHEREAS, CITY au enter into a contract I-- a consultant
for preparation of aw f ., tal Impact Report r#spectiag General
plan Aswmlment 111 -21 and
WHEREAS,r'M will...aaeeis qwpir.apiplics Wider General Plat"
Aaiesdmwt BI..; rer a proportional - of the "cost of preparation of
said Environmental Impact Rspert� d
WHEREAS, there is i: tit'to.STATE from the environmental
assessment_. of CALTRANS WSfti� . -
WHEREAS, there is a fit to CITY from the environmental
assessment of CALTiMS WESTI and
WHERE", STATE ~and CITY desite::to cooperate and partitiamte
in this agreement.
NOW THBRRNM is colffside Mon of the mutual promisee
contained herein, the' partis*.,:<hereto."roe as follbwsI
SUMON I
STATE AGREE$t :3
1. To 4or"it with CITY upon receipt,...of invoice thereof, :a
lump bum nt amou of >g18,150900 which figure reps Jlts'STATE's
Proportional share o! the cost of preparation_.of. said anvironmentaf
Impact Report. In no event shill STATE's total obligatiop for said
costs under this agreement exceed.$18,150.00 =.:provided that 9Tp
at its sole discretion, in writing, authorise a greater amount.
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SECTION II
CITY AGREESs
1. CITY shall hiri sultant to prepare an Environmental
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I1490 -4"rt for General Plan Amendment
2. CITY shall submit a draft o
Report to STATE by JanuarrA 82.
3. CITY shall at mit final
Impact.Report to STATE by July. 1, 1982.
E eat llpvironmental Impact
draft of said Mvironmental
SM III
IT IS MUTUALLY UXDN!.B 1UD AND AGREEDs
1. STATS's'share of the cost of said Environmental Impact
Report shall not exceed the auma"t of $180130,09.
2. CITY will conscientiously process said dra$!-'and final
Environmental impact Reports without undue delay,
3. STATE will furnish the preparor of said Environmental
Impact Report data within the records of STATE T'"arding CALTRANS
WEST and its immediate vicinity.
4. This agreement shall terminate on January 1, 1983.
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That this Agree y be texminate:aua;ro'
contained May be altered,
changed µ "
g eg• emended by mutual
sent of the parties her�i�.
IYHBRSGl, es hereto have e
aa_ this
agreement to
be,
Ontsd
br r respective officers, d
authorized, the r Y "
Paien�" "which agreement ase effective as'�:"
day . meath and
ea r
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ty
torney, Newport Beach
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
October 30, 1981
State of California
Dept. of Transportation
P.O. Box 2304
Terminal Annex
Los Angeles, CA 90051
Attn: Allan H. Hendrix
Dear Mr. Hendrix:
Enclosed are the executed original and five copies of the
cooperative agreement regarding the preparation of an
Environmental Impact Report on CALTRANS WEST.
Also enclosed are the two copies of the resolution authorizing
the agreement. Please return one fully executed copy of this
agreement to the City Clerk of Newport Beach for our files.
Thank you,
Wanda E. Andersen
City Clerk
WEA:lr
encs.
cc: Fred Talarico
City Hall • 3300 Newport Boulevard, Newport Beach, California 02663
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 u
Telephone: (213) 620 -2931
October 15, 1981
07 -ORA -1 19.7
Excess Parcel
040766 -01 -01
07630 - 911038
District Agreement No 3621
Mr. Fred Talarico
Environmental Coordinator
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Talarico:
Attached are an original and six copies of a cooperative agreement
regarding payment of fees to City for preparation of an
Environmental Impact Report on CALTRANS WEST.
If this agreement meets with your approval, please arrange for its
formal execution by the City Council, and return the original and
five signed copies to this office together with two certified copies
of the resolution authorizing the execution of the agreement. The
State will then complete the execution and will date the first page
of the agreement. The seventh copy is for your files pending return
to you of one fully executed copy of the agrement.
Should you require additional information, please contact Mr. D. R.
Simmes of our Legal Department on (213) 620 -5000.
ASinperely f 'I
�e %
ALLAN H. HENDRIX
Deputy District Director
Attachments
C,
• City Counci Seeting October 26, 1981
t�L)i Agenda Item No. F -2(b)
OCT 26 1981
By tho CITY COUNCIL CITY OF NEWPORT BEACH
CITY OF NC*VRT 86ACH
TO: City Council
FROM: Planning Department
SUBJECT: Cooperative Agreement between the City of Newport
Beach and the State Department of Transportation
regarding preparation of an Environmental Impact
Report on CALTRANS WEST.
Suggested. Action
If desired, adopt Resolution No. WbIH authorizing the Mayor and
City Clerk to execute a cooperative agreement between the City of
Newport Beach and the State Department of Transportation regarding
payment of fees to the City for the preparation of an Environmental
Impact Report on CALTRANS WEST.
Background
The State Department of Transportation (CALTRANS) has requested an
amendment to the Land Use Element of the Newport Beach General Plan
to change the designation of the CALTRANS WEST site from "Recrea-
tional and Environmental Open Space" to "Multi- Family Residential."
The City has agreed to hear this requested amendment as part of
General Plan Amendment 81 -2. In order to process this amendment
it is necessary to prepare an Environmental Impact Report. Con-
sistent with City policy, Staff has requested that CALTRANS deposit
its proportionate share of costs for the environmental documenta-
tion with the City. CALTRANS' regulations require the execution of
a cooperative agreement to allow this payment. The cooperative
agreement regarding the payment of these fees must, therefore,
be executed to enable this portion of GPA 81 -2 to continue.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by
PATRICIA�EM Ef—__
Senior Planner
PTJkk
Attachments:
1) October 15, 1981 letter from CALTRANS
2) Cooperative Agreement
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STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Go"mor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051
Telephone: (213) 620 -2931
October 15, 1981
07 -ORA -1 19.7
Excess Parcel
040766 -01 -01
07630 - 911038
District Agreement No 3621
Mr. Fred Talarico
Environmental Coordinator
City of Newport Beach
3300 West Newport Boulevard
Newport.Beach, CA 92663
Dear Mr. Talarico:
Attached are an original and six copies of a cooperative agreement
regarding payment of fees to City for preparation of an
Environmental Impact Report on CALTRANS WEST.
If this agreement meets with your approval, please arrange for its
formal execution by the City Council, and return the original and
five signed copies to this office together with two certified copies
of the resolution authorizing the execution of the agreement. The
State will then complete the execution and will date the first page
of the agreement. The seventh copy is for your files pending return
to you of one fully executed copy of the agrement.
Should you require additional information, please contact Mr. D. R.
Simmes of our Legal Department on (213) 620 -5000.
Sin.cerelye'/
iy
ALLAN H. HENDRIX
Deputy District Director
Attachments
z
07 -ORA -1 19.7
Excess Parcel
040766 -01 -01
07630 - 911038
District Agreement No. 3621
THIS AGREEMENT, ENTERED INTO ON , 19,,
is between the STATE OF CALIFORNIA, acting by and through
its Department of Transportation, referred to herein as
STATE, and
CITY OF NEWPORT BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY
3
RECITALS
WHEREAS, STATE is the owner of a certain 17.55 acre parcel of
land-located within the limits of the City of Newport Beach, at or
near the northwest corner of Pacific Coast Highway (State Route 1)
and Superior Avenue, and commonly known to CITY and STATE as
" CALTRANS WEST "; and
WHEREAS, CITY is the public entity having jurisdiction, by
way of its General Plan -Land Use Element and zoning ordinances, over
the development of real property within its city limits; and
WHEREAS, the existing zoning and General Plan designation of
CALTRANS WEST is open space recreational; and
WHEREAS, STATE believes there is no market value for CALTRANS
WEST with the current land use designation; and
WHEREAS, STATE has applied to CITY for an amendment to the
General Plan, changing the existing Land Use Element from open space
recreational to multi - family residential use; and
WHEREAS, STATE believes CALTRANS WEST will have a market
value if CITY should allow the applied for land use; and
WHEREAS, amendment of the General Plan -Land Use Element
requires preparation of an Environmental Impact Report; and
WHEREAS, seven (7) other property owners have made applica-
tion to CITY to amend the General Plan -Land Use Element, and are
designated together with STATE as General Plan Amendment 81 -2; and
WHEREAS, CITY is the lead agency for preparation of environ-
mental documents concerning amendments to its General Plan; and
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WHEREAS, CITY will enter into a contract with a consultant
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i for preparation of an Environmental .Impact Report respecting General
Plan Amendment 81 -2; and
WHEREAS, CITY will assess each applicant under General Plan
Amendment 81 -2 for a proportional share of the cost of preparation of
said Environmental Impact Report; and
WHEREAS, there is a benefit to STATE from the environmental
assessment of CALTRANS WEST; and
WHEREAS, there is a benefit to CITY from the environmental
assessment of CALTRANS WEST; and
WHEREAS, STATE and CITY desire to cooperate and participate
in this agreement. 1.
NOW THEREFORE in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1. To deposit with CITY upon receipt of invoice thereof, a
lump sum amount of $18,150.00 which figure represents STATE's
proportional share of the cost of preparation of said Environmental
Impact Report. In no event shall STATE's total obligation for said
costs under this agreement exceed $18,150.00; provided that STATE may
at its sole discretion, in writing, authorize a greater amount.
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SECTION II
CITY AGREES:
1. CITY shall hire a
Impact Report for General Plan
2. CITY shall submit
Report to STATE by January 1,
3. CITY shall submit
Impact Report to STATE by July
consultant to prepare an Environmental
Amendment 81 -2.
a draft of said Environmental Impact
L982.
the final draft of said Environmental
1, 1982.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. STATE's share of the cost of said Environmental Impact
Report shall not exceed the amount of $18,150.00.
2. CITY will conscientiously process said draft and final
Environmental Impact Reports without undue delay.
3. STATE will furnish the preparor of said Environmental
Impact Report data within the records of STATE regarding CALTRANS
WEST and its immediate vicinity.
4. This agreement shall terminate on January 1, 1983.
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5. That this Agreement may be terminated and provisions
contained herein may be altered, changed, or amended by mutual
consent of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers, duly
authorized, the provisions of which agreement are effective as of
the day, month and year after hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
By
District Director
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CITY OF NEWPORT BEACH
By
ATTEST:
By
City Clerk
7
RESOLUTION NO. 11074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
STATE DEPARTMENT OF TRANSPORTATION REGARDING
PAYMENT OF FEES TO THE CITY FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
ON CALTRANS WEST
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Cooperative Agreement
between the City of Newport Beach (hereinafter referred to as
"City ") and the State of California, Department of
Transportation, (hereinafter referred to as "State ") regarding
payment of fees to the City for the preparation of an
Environmental Impact Report on CALTRANS WEST; and
WHEREAS, State is the owner of a certain 17.55 acre
parcel of land located witin the limits of the City of Newport
Beach, at or near the northwest corner of Pacific Coast Highway,
State Route 1 and Superior Avenue, more commonly known to City
and State as " CALTRANS WEST "; and
WHEREAS, City is the public entity having jurisdiction,
by way of its General Plan - Land Use Element and Zoning.
Ordinances, over the development of real property within its City
limits; and
WHEREAS, the existing zoning and General Plan
designation of CALTRANS WEST is open - .space recreational; and
WHEREAS, State believes there is no market value for
CALTRANS WEST with the current land use designation; and
WHEREAS, State has applied to City for an amendment to
the General Plan, changing the existing Land Use Element from
open -space recreational to multi - famnily residential use; and
WHEREAS, State believes CALTRANS WEST will have a
market value if City should allow the applied -for land use; and
WHEREAS, an amendment to the General Plan - Land Use
Element requires preparation of an Environmental Impact Report;
and
WHEREAS, seven other property owners have made
application to City to amend the General Plan - Land Use Element
and are designated together with State as General Plan Amendment
81 -2; and
WHEREAS, City is the lead agency for preparation of
environmental documents concerning amendments to its General
Plan; and
WHEREAS, City will enter into a contract with a
consultant for preparation of an Environmental Impact Report
respecting General Plan Amendment 81 -2; and
WHEREAS, City will assess each applicant under General
Plan Amendment 81 -2 for a proportional share of the cost of
preparation of said Environmental Impact Report; and
WHEREAS, there is a benefit to City from the
environmental assessment of CALTRANS WEST; and
WHEREAS, there is a benefit to State from the
environmental assessment of CALTRANS WEST; and
WHEREAS, City and State desire to cooperate and
participate in this agreement; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Cooperative Agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to execute said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
City agrees to:
1. Hire a consultant to. prepare an Environmental
Impact Report for General Plan Amendment 81 -2;
2. Submit a draft of said Environmental Impact Report
to State by January 1, 1982;
3. Submit the final draft of said Environmental Report
to State by July 1, 1982.
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and
State agrees to:
1. Deposit with City, upon receipt of invoice thereof,
a lump sum amount of $18,150.00, which figure represents State's
proportional share of the cost of preparation of said
Environmental Impact Report. In no event shall State's total
obligation for said costs under the terms of the above - described
agreement exceed $18,150.00;
2. Furnish the preparor of said Environmental Impact
Report data within the records of State regarding CALTRANS WEST
and its immediate vicinity.
BE IT FURTHER RESOLVED by the City Council of the City
of Newport Beach that the 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.
ATTEST:
City Clerk
10/26/81
pr
ADOPTED this 26 day of October , 1981.
r]
Mayor