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HomeMy WebLinkAboutC-2302 - Cooperative Agreement, Environmental Impact Report on Caltrans WestWI CITY OF NEWPORT BEACH z 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 WEA: lr City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 0 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 " qfc r 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. -3- _ -j SECTION II CITY AGREESs 1. CITY shall hiri sultant to prepare an Environmental -4v 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. _4_ I e 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 -5- ty torney, Newport Beach N i I j i i i i 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 0 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 -2- 0 0 WHEREAS, CITY will enter into a contract with a consultant I 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. -3- i _; 0 0 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. -4- t s 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 -5- 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. 2 ,.. 0 • 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