HomeMy WebLinkAbout11074 - Payment of Fees for EIR Preparation on Caltrans WestRESOLUTION NO. 11074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZI19G 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 CALTRANiS 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
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.
ATTE
City Clerk
10/26/81
pr
ADOPTED this 26 day of October , 1981.
3