HomeMy WebLinkAboutC-2591(F) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland Street, sound wall440 0.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 15, 1989
SUBJECT: Contract No. C- 2591(f)
Description of Contract Pacific Coast Highway Widening Adjacent
to Balboa Coves (Sound Wall Agreement)
Effective date of Contract Mav 9, 19
Authorized by Minute Action, approved on May 8, 1989
Contract with Balboa Coves Community Association
Address P.O. Box 1224
Newport Beach, CA 92663
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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May 8, 1989
CITY COUNCIL AGENDA
iYT}'' .liY OUNCS�EM NO._F -3(a)
CITY ')I iEWPORT BEAM
TO: CITY COUNCIL MAY 8 1989
_APPR
FROM: Public Works Department
SUBJECT: SOUND WALL AGREEMENT WITH BALBOA COVES COMMUNITY ASSOCIATION
RECOMMENDATIONS:
1. Approve agreement with Balboa Coves Community Association for
construction of sound walls.
2. Authorize Mayor and City Clerk to execute agreement.
DISCUSSION:
The Pacific Coast Highway widening project between
includes construction of sound walls on the southerly side
of the Highway adjacent to Balboa Coves. There is not sufficient space within
the existing right -of -way to construct the sound wall and provide landscaping on
the highway side of the wall. The proposed agreement will allow the wall and
landscaping to be installed on Balboa Coves property. In addition the agreement
provides for Balboa Coves to grant an easement for the proposed traffic signal
at the Coves entrance. The locations of the walls and easements to be granted
are shown on the attached exhibit.
The agreement includes the following provisions:
1. City will prepare plans for sound walls "A" and "B ", adjacent
landscaping and the traffic signal system.
2. City will pay for sound walls "A" & "B ", landscaping and traffic
signal. (City's agreement with Caltrans provides for City to be
reimbursed for walls and signal. City will pay landscaping
costs).
3. City to pay cost of 10 foot high wood wall between easterly line
of Lot 71 and easterly corner of Lot 69 if Caltrans does not
finance a concrete block wall for this section.
4. Walls will be concrete block, 10 feet high with a stucco coating.
The stucco color has been selected by the Coves.
5. The wood wall described in 3 above, if constructed, would match a
proposed wood wall to be constructed by the Coves easterly of
Lot 69.
6. The Coves will prepare plans for sound walls "C" and "D" and
adjacent landscaping, arrange for the construction and pay the
costs.
Subject: Sound Wall Agreement with Balboa Coves Community Association
May 8, 1989
Page 2
• 7. City
sound
cost.
April
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vill pay the Coves $30,000 towards the cost of constructing
walls "C" and "D ". This is approximately 50% of the total
These walls do not qualify for Caltrans funding. On
25, 1988, the Council considered a 50% cost sharing formula,
final decision was not reached at that time.
8. City will maintain sound walls "A" & "B" and the landscaping, on
the Highway side of the walls.
9. City will pay cost of installing landscaping strip on Coves side
of walls, but Coves will maintain the landscaping.
The parking area on the westerly side of the Royal Thai Restaurant is
leased from Balboa Coves. The lease expires on June 1, 1991, and the Coves has
indicated that they will not renew the lease. The Coves prefers that the new
wall be constructed along the Highway side of this area. The agreement provides
an option for the location of the wall in this area. If the Coves can deliver
an easement free and clear of the lease, then the City will construct the wall
in the alternate location shown on the attached sketch. The agreement provides
for the construction of this section of wall to be delayed until the termination
• of the restaurant lease provided the Coves pays the contractor's charge for the
delay.
Funds for the City's estimated share of costs under the agreement have
been included in the current budget.
�Be jamin B. Nolan
Public Works Director
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Attachments
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA COVES SOUNDWALL
LANDSCAPING & TRAFFIC
5ICNAL EASEMENTS
DRAWN DATE AP -EI� _1989
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.
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AGREEMENT
PACIFIC COAST HIGHWAY WIDENING
ADJACENT TO BALBOA COVES
THIS AGREEMENT, is made and entered into this day of Z- ,
1989, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY ", and BALBOA COVES COMMUNITY ASSOCIATION, a California
Corporation, hereinafter referred to as "COVES ";
WITNE5SETH:
WHEREAS, CITY has entered into an agreement with the California
Department of Transportation (Caltrans) for the preparation of contract
documents for the widening of Pacific Coast Highway between Newport Boulevard
and Highland Street, hereinafter referred to as "PROJECT "; and
WHEREAS, construction of said PROJECT is now scheduled to begin in
June 1989; and
WHEREAS, the construction documents for the PROJECT include the
installation of sound attenuation walls along the southerly side of Coast
Highway adjacent to portions of the COVES and construction of a traffic signal
at the entrance to the COVES; and
WHEREAS, both CITY and COVES desire to landscape both sides of said
wall to improve the aesthetic appearance; and
WHEREAS, the Environmental Impact Statement that has been certified for
the PROJECT requires construction of sound walls to mitigate noise and there-
fore both CITY and COVES desire to ensure that the walls remain intact and are
maintained; and
WHEREAS, the area needed for the wall construction and landscaping is
owned by the COVES and presently contains fences, walls and landscaping; and
WHEREAS, both CITY and COVES desire to set forth responsibilities for
construction and maintenance of the walls, landscaping and traffic signal system;
and
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WHEREAS, CITY requires permanent and temporary from COVES in i
order to construct and maintain the sound wall, landscaping and traffic signal
system;
NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the
mutual promises and agreements contained herein, the parties do agree as follows:
1. CITY SHALL:
a. Prepare drawings and contract documents for construction of
sound walls "A" & "B ", installation of adjacent landscaping and a traffic signal
system. The locations of the walls and traffic signal are shown on a drawing
marked Exhibit "A" attached hereto and by this reference incorporated herein.
Except for the portion of sound wall "B" between the easterly line of Lot 71 and
the easterly corner of Lot 69, construct sound walls of 8" thick concrete block
with a stucco finish, 10 feet high and which conform in appearance to Exhibit
"B" attached hereto and by this reference incorporated herein. The portion of
sound wall "B" between the easterly line of Lot 71 and the easterly corner of
Lot 69 shall be constructed to conform to the remainder of sound wall "B"
provided the City is able to obtain Caltrans funding. If Caltrans funding is
not available for this portion of sound wall "B ", then the City shall construct
a 10 -foot high wood wall conforming to the wall to be constructed by Coves
easterly of the easterly corner of Lot 69. Color of stucco finish shall be
Omega No. 66.
b. Submit final construction drawings for walls "A" & "B ",
adjacent landscaping and traffic signal system to COVES for approval prior to
awarding a construction contract.
c. Maintain security for the COVES by requiring construction of a
temporary fence on COVES property southerly of the walls prior to removing the
existing fences, walls and landscaping.
d. Connect new automatic sprinkler system for landscaped area on
southerly side of sound wall to existing COVES water services and electrical
pedestals and the landscaped area on northerly side of sound wall to CITY water
services and electrical pedestals.
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e. Pay ail costs of constructing sound walls "A" and "B ",
installation of adjacent landscaping and the traffic signal system at the
locations shown on Exhibit "A" including the costs of a ninety -day maintenance
period for the landscaping on the southerly side of the wall.
f. Obtain from CITY's contractor the additional cost to delay
construction of the portion of sound wall "A" located 140 feet westerly of the
westerly line of Lot 75 until after June 1, 1991. Submit this additional cost
in writing to COVES.
g. Construct the portion of sound wall "A" located 140 feet
westerly of the westerly line of lot 75 within Parcel 2 provided COVES conveys
easement for Parcel 2 to CITY free and clear of the existing lease to the
restaurant and provided that COVES pays the CITY the additional cost of delaying
construction of this portion of the sound wall as set forth in Section l.f.
h. Construct the portion of sound wall "A" located 140 feet
westerly of the westerly line of Lot 75 within Parcel 1 if COVES cannot convey a
free and clear easement to CITY for Parcel 2 or if COVES declines to pay CITY
the additional cost of delaying construction of this portion of sound wall as
set forth in Section 1.f.
h. Maintain sound walls "A" & "B ", and the traffic signal system.
i. Maintain sound wall landscaping on northerly side of sound
walls "A" and "B ".
j. Pay Coves $30,000 for the cost of constructing sound walls "C"
and "D" and adjacent landscaping within 30 days after Coves has awarded a
private contract for the construction of sound walls "C" & "D ".
2. COVES shall:
a. Grant CITY permanent easements for construction and maintenance
of sound walls, landscaping and the traffic signal system over Parcel Nos. 1 or
2, 3, 4 and 5. The location of the easements are shown on a drawing marked
Exhibit "A" attached hereto and by this reference incorporated herein. In
addition, grant City temporary construction access over adjacent portions of
Lots "A" and "B" for the purpose of constructing the sound walls, landscaping
and traffic signal.
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b. Approve contract drawings submitted by—CITY for construction of
sound walls "A" & "B ", landscaping and traffic signal system. COVES' approval
of said drawings shall not be withheld unreasonably.
c. Construct sound walls "C" & "D" and adjacent landscaping,
including preparation of drawings and obtaining a Building Permit. These sound
walls shall be constructed of concrete block and be 10 feet in height above the
exisiting ground surface. Sound wall "C" shall extend approximately 75 feet
westerly of the Coves' entrance and sound wall "D" shall extend approximately
195 feet easterly of the Coves' entrance.
d. Notify CITY in writing within 30 days after CITY submits to
COVES the additional cost to delay construction of portion of sound wall "A"
located 140 feet westerly of the westerly line of Lot 75 as setforth in Section
1.f., whether COVES intends to pay CITY the additional cost.
e. Maintain sound walls "C" & "D ".
f. Assume all maintenance costs for landscaping on southerly side
of sound walls after work has been completed including ninety -day maintenance
period in accordance with the approved drawings.
g. Not remove any portions of sound wall without written per-
mission of CITY.
3. It is mutually understood and agreed as follows:
a. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties hereto and all prelimi-
nary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and COVES.
b. All notices which may be given hereunder shall be in writing
and, if given to CITY, may be given personally to the Mayor, City Manager or
City Clerk of CITY, or may be mailed by first class mail with postage prepaid to
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3300 West Newport Boulevard, Newport Beach, CA 92663 -3884, and, if given to
COVES, may be given personally to an officer of COVES or may be mailed by first
class mail with postage prepaid to Balboa Cove Association, P.O. Box 1224,
Newport Beach, CA 92663. Either party may give written notice to the other of a
different address to which notice by mail should be sent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signatures.
DATED:
BALBOA COVES COMMUNITY ASSOCIATION
By:
CITY OF NEWPORT BEACH
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ATTEST:
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PARCEL 4
SOUNDWALL 'B•
PARCEL 5
SOUNDWALL 'B'
PARCEL 3 1/
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PARCEL 2
ALTERNATE LOCATION
SOLINDWALL 'A'
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA COVES SOUNDWALL
LANDSCAPING & TRAFFIC
SIGNAL EASEMENTS
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DRAWN R.G. DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO. EXHIBIT "A"
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