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HomeMy WebLinkAbout11 - BA-046 - MacArthur Boulevard-Big Canyon Sound WallMarch 14, 2000 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD /BIG CANYON SOUND WALL AGREEMENT RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute a revised Cooperative Agreement with the Big Canyon Community Associations and the Big Canyon Country Club that provides for cost sharing to construct two sections of wall along a portion of the westerly side of MacArthur Boulevard. 2. Authorize the City Manager to negotiate and execute a Joint Use Agreement with the Southern California Edison Company (SCE) across two sections of sidewalk area adjacent to the locations where the walls will be constructed along the westerly side of MacArthur Boulevard. 3. Approve a Budget Amendment appropriating $33,500 from the unappropriated surplus in the CIOSA Loan Fund to the MacArthur Boulevard Widening Account No. 7432- C5100066. DISCUSSION: On May 26, 1998, the City Council authorized a Cooperative Agreement with the Big Canyon Community Associations and the Big Canyon Country Club that provided for the City to participate in the construction of a wall along two portions of the westerly side of MacArthur Boulevard. The City agreed to contribute 25 percent of the cost of the wall up to a maximum cost of $50,000. The Irvine Company also agreed to contribute 25 percent. The remainder was to come from the Associations and Country Club. See the attached May 26, 1998, City Council memo. The authorized agreement was not executed by the various parties because the cost of the proposed walls was greater than originally estimated. Also the Big Canyon Country Club and The Irvine Company decided to exchange several slivers of property along MacArthur Boulevard in connection with the wall construction project. These negotiations took some time to complete. The Big Canyon Community Associations, the Big Canyon Country Club, and the Irvine Company have worked out the details related to the property transfer and prepared new estimates for the wall construction. The original wall construction estimate was $200,000. It is now $275,000. Each of the three parties above has agreed to contribute $70,000 for SUBJECT: MacArthur Boulevard /Big Canyon Sound Wall Agreement March 14, 2000 Page 2 the wall construction and requested the City to increase its maximum authorized contribution from $50,000 to $65,000; and to waive normal plan check and inspection fees. The attached revised Cooperative Agreement (recommended for approval) increases the City's maximum contribution from $50,000 to $65,000 and provides for waiving normal plan check and inspection fees. Several other minor changes are indicated with underlined bold for additions and strikethreugh for deletions. The Irvine Company has agreed to administer the wall construction project as an agent for all parties concerned. If the revised agreement is approved, the City will make the payment to The Irvine Company after the contract bids have been reviewed and approved by all parties. It is anticipated the work can be completed in six to nine months. The City funds for the walls will come from the CIOSA Loan Account for the MacArthur Boulevard Widening (Account No. 7432- C5100066 $31,500) and a budget amendment appropriating funds from the CIOSA Loan Reserve Account ($33,500). The location of the two sections of wall are in an easement area controlled by Southern California Edison (SCE). The Irvine Company, the City, and SCE have reached an agreement to allow for the walls to be constructed in the SCE easement area. The proposed wall location narrows the SCE access used to reach their facilities and also the space available for future undergrounding of their overhead lines. City staff agreed to enter into a Joint Use Agreement allowing SCE to have most of the same rights in a small portion of the MacArthur Boulevard right -of -way they now have in their easement area. This will allow SCE facilities to be constructed in the sidewalk area (if necessary) in the future when the walls have been completed. The final Joint Use Agreement has not been finalized. It is recommended that the City Manager be given the authority to execute the agreement when it is completed. This will help to expedite the process of getting the project underway. Respectfully submitt d l0 PUBLIC WORKS DEPARTMENT Don Webb, Director Attachment: May 26, 1998 City Council Memo Revised Agreement \\MIS_1 \SYS\ Users \PBW\Shared \COUNCIL \Fy99 -00 \March -14 \Big Canyon Sound Wall.doc 0 May 26, 1998 CITY COUNCIL AGENDA ITEM NO. s TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MACARTHUR BOULEVARD WIDENING —WALL AGREEMENT RECOMMENDATION: Authorize an Agreement with the Big Canyon Country Club and the Big Canyon Community Association that provides for cost sharing to construct a wall along a portion of the westerly side of MacArthur Boulevard. DISCUSSION: The Big Canyon Country Club and the Big Canyon Community Association have requested that the City participate in the construction of a wall along two portions of the westerly side of MacArthur Boulevard (see attached map). They have asked the City to contribute 25% of the cost of the wall up to a maximum cost of $50,000. The Irvine Company will also contribute 25 %. The remainder will come from the Association and Country Club. The wall will be constructed across two low areas where Big Canyon homes and the golf course are visible from MacArthur Boulevard. These areas have been modified by the widening project by removing landscaping and grading a berm. Noise tests taken before and during construction have indicated a small increase in noise levels. The noise level is not high enough to require that the City construct a noise wall as a part of the road widening project. In the past when affected parties have agreed to pay a substantial portion of the costs, the City has participated in the project. The proposal requests that the City contribute 25% of the wall costs up to $50,000. The Agreement between the City, the Big Canyon Country Club and the Big Canyon Community Association provides: 1. That the City will contribute 25% of the cost of designing and constructing two walls up to a maximum contribution of $50,000. APPROVED BY CITY COUNCIL PAT SUBJECT MACARTHUR BOULEVARD WIDENING —WALL AGREEMENT May 26, 1998 Page 2 2. That the City's contribution will be made based on bids received for the wall construction after the designs are approved by the parties to the Agreement. 3. That the wall be designed to be aesthetically pleasing from the roadway side and that provisions be made to provide for landscaping and /or vines on the roadway side of the wall. 4. That Big Oanyon Country Club and Big Canyon Community Association agree that the City has no further obligation to construct or participate in the construction of noise attenuation facilities along MacArthur Boulevard between San Joaquin Hills Road and Ford Road. 5. That the Big Canyon Country Club and Big Canyon Community Association be responsible for the design, construction and maintenance of the walls and that the walls shall be constructed outside the MacArthur Boulevard right -of -way. This project can be considered to be necessary because of the widening of MacArthur Boulevard and the potential slight increase in noise and visibility from the new roadway. It is recommended that the contribution be funded from unappropriated CIOSA funds. Respectfully submitted, (14�wp PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR Attachment: Agreement t:1g ro u ps\p u bwo rks \council \98 \may -26 \wa Il.doc COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of 1998 by and between BIG CANYON COUNTRY CLUB (BCCC), a private, non - profit mutual benefit corporation, BIG CANYON COMMUNITY ASSOCIATION (BCCA), a private, non - profit mutual benefit corporation and THE CITY OF NEWPORT BEACH, a municipal corporation ( "CITY "). RECITALS A. City of Newport Beach has awarded the Griffith Company a construction contract to widen and reconstruct the segment of MacArthur Boulevard extending between San Joaquin Hills Road and Ford Road ( "Project "). A portion of the Project is located adjacent to the easterly boundary of real property owned by BCCC which has been improved as a golf course ( "Site "). The project has removed landscaping and modified a berm in two areas visible from Big Canyon residents and the golf course. B. Noise tests taken before and during the construction of the project show an increase in noise levels. Measured noise levels are below the level at which the CITY is required to construct noise attenuation facilities. C. BCCC and BCCA desire to construct walls across the two areas where MacArthur Boulevard is visible from the golf course and Big Canyon residences to address the visual and noise impacts claimed to have resulted from the project. BCCC & BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the funding of the design and construction of the walls. D. The CITY in the past has agreed to fund walls adjacent to road construction projects, beyond the normal CITY responsibility, when the benefited property owners have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested that the CITY contribute 25% of the cost up to $50,000. E. The CITY, BCCC and BCCA desire to work together to provide for the joint needs of the parties and resolve any differences regarding the Project. NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The CITY will contribute 25% of the cost of designing and constructing the walls, provided CITY's contribution shall not exceed the sum of $50,000. 2. CITY shall have the right to prior approval of the design of the wall. The CITY's contribution for construction of the wall shall be based on bids received on the approved design. BCCC & BCCA agree to obtain at least three (3) bids for wall construction. 3. The wall shall be designed to be aesthetically pleasing from the roadway side and shall allow for landscaping and /or vines on the roadway side of the wall. 4. The BCCC and BCCA agree that the CITY shall have no further obligation to construct or participate in the construction of noise attenuation facilities along MacArthur Boulevard between San Joaquin Hills Road and Ford Road. 5. The BCCC and BCCA shall be solely responsible for the design, construction and maintenance of the walls and that the walls shall be constructed on BCCC & BCCA property, outside the MacArthur Boulevard right -of -way. 6. Indemnification. (1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all claims, injuries, damages, losses, cost or expense, including costs of defense, arising out of, or in any way related to, the design and construction or maintenance performed by BCCC and BCCA or any of its agents pursuant to this Agreement. (2) CITY shall be named as an additional insured on all contracts for construction of the wall. 7. Specific Performance . The Parties acknowledge that monetary damages would be extremely difficult or impossible to ascertain in the event of a breach of the provisions of this Agreement and that other remedies at law are inadequate given the unique commitments of this Agreement. Accordingly, the Parties agree that specific performance is the only appropriate remedy for any breach of this Agreement and neither Party shall be entitled to monetary damages, attorney fees or costs by reason of any default under this Agreement. 8. Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, define or amplify the scope or intent of the provisions of this Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 11. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its successors and assigns. Newport Beach shall have no right to transfer or assign its rights or obligations under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 0 Robin L. Clauson. Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach Big Canyon Country Club a private corporation President Big Canyon Community Association a private corporation In President f:1g roup slpubwo rks%a gmtl98 \big -ca ny -1.doc 3 NL 0 R T H n "s . r � o MacArthur Boulevard Wall Agreement Exhibit Me] r� l� f%` V Big Canyon Country Club David 1.1. Vom$ae, (CM Gmnnl Mmmwr May 21., 1998 . Mr. Kevin Murphy City Manager City of Newport Beach P. o. Box 1768 Newport Beach, CA 92658 -8915 "RECWIV�D AFTER AGENDA PRINTED: " # #,� 5-2(-e -°-? Dear Mr. Murphy: As a, follow up to our conversation, this letter will serve to confirm the club's agreement in principal of the cooperative agreement as 'drafted by your office regarding Elie walls along MacArthur Blvd.. Final approval is contingent on a number of factory including agreements between the Club and the Jrvine Company, the Club and.. the Big Canyon Homeowner's Association, review by club counsel, and the approval!of the Club's Board of Director's. We are pleased that the cooperation of all parties has allowed this mA.tter to proceed to this point. Collectively we can bring this matter to a mutually beneficial conclusion. Sincerely, David H. Voorhees, CCM General Manager DI-1 V /vm cc: Keith Rosing, M.D., Club President John W. Hamilton One Dig Canyon Drive • N<wporl Death, Califomia 92660 -57.99 • Trl: 1714) 644 5404 Fax: 1714) 720 -9338 TOTAL P.01z01 MAY -21 -1999 11:56 714 720 9339 96i P.01 COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of March 49g6 2000 by and between BIG CANYON COUNTRY CLUB (BCCC), a private, non- profit mutual benefit corporation, BIG CANYON COMMUNITY ASSOCIATION (BCCA), a private, non -profit mutual benefit corporation and THE CITY OF NEWPORT BEACH, a municipal corporation ( "CITY "). RECITALS A. City of Newport Beach has awarded completed a construction contract to widen and reconstruct the segment of MacArthur Boulevard extending between San Joaquin Hills Road and Ford Road ( "Project "). A portion of the Project is located adjacent to the easterly boundary of real property owned by BCCC which has been improved as a golf course ( "Site "). The project has removed landscaping and modified a berm in two areas visible from Big Canyon residents and the golf course. B. Noise tests taken before, and during and after the construction of the project show an minor increase in noise levels at some locations. Measured noise levels are below the level at which the CITY is required to construct noise attenuation facilities. C. BCCC and BCCA desire to construct walls across the two areas where MacArthur Boulevard is visible from the golf course and Big Canyon residences to address the visual and noise impacts claimed to have resulted from the project. BCCC & BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the funding of the design and construction of the walls. D. The CITY in the past has agreed to fund walls adjacent to road construction projects, beyond the normal CITY responsibility, when the benefited property owners have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested that the CITY contribute 25% of the cost up to $59;909 65,000. E. The CITY, BCCC and BCCA desire to work together to provide for the joint needs of the parties and resolve any differences regarding the Project. NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The CITY will contribute 25% of the cost of designing and constructing the walls, provided CITY's contribution shall not exceed the sum of $59,099 65,000. In addition to this contribution, the CITY agrees to waive the normal building permit, plan check and inspection fees. 2. CITY shall have the right to prior approval of the design of the wall. The CITY's contribution for construction of the wall shall be based on bids received on the approved design. BCCC & BCCA ( or their designated agent) agree to obtain at least three (3) bids for wall construction. The wall shall be designed to be aesthetically pleasing from the roadway side and shall allow for landscaping and /or vines on the roadway side of the wall. 4. The BCCC and BCCA agree that the CITY shall have no further obligation to construct or participate in the construction of noise attenuation facilities along MacArthur Boulevard between San Joaquin Hills Road and Ford Road. 5. The BCCC and BCCA shall be solely responsible for the design, construction and maintenance of the walls and that the walls shall be constructed on BCCC & BCCA property, outside the MacArthur Boulevard right -of -way. 6. Indemnification. (1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all claims, injuries, damages, losses, cost or expense, including costs of defense, arising out of, or in any way related to, the design and construction or maintenance performed by BCCC and BCCA or any of its agents pursuant to this Agreement. (2) CITY shall be named as an additional insured on all contracts for construction of the wall. 7. Specific Performance . The Parties acknowledge that monetary damages would be extremely difficult or impossible to ascertain in the event of a breach of the provisions of this Agreement and that other remedies at law are inadequate given the unique commitments of this Agreement. Accordingly, the Parties agree that specific performance is the only appropriate remedy for any breach of this Agreement and neither Party shall be entitled to monetary damages, attorney fees or costs by reason of any default under this Agreement. 8. Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, define or amplify the scope or intent of the provisions of this Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 2 11. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its successors and assigns. Newport Beach shall have no right to transfer or assign its rights or obligations under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin L. Clauson Assistant City Attorney City of Newport Beach ATTEST: LaVonne Harkless City Clerk 51 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor City of Newport Beach Big Canyon Country Club a private corporation In President Big Canyon Community Association a private corporation By: President f: \pwd \shared \agmt \00\big - cany -2.doc City of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues Px from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $33,500 from the unappropriated surplus in the CIOSA Loan Fund to the MacArthur Boulevard Widening account for the construction of a wall along two portions of MacArthur Boulevard. There have been no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 430 3605 REVENUE APPROPRIATIONS (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Reserves Description Signed: Signed: Signed: Finance Director City Manager City Council Approval: City Clerk NO. BA- 046 AMOUNT: b33,soo.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Amount Debit Credit $33,500 AufomaVc $33,500 3 -/ -oa Date D/ ate Date 7 Description Division Number 7432 CIOSA Loan Expenditures Account Number C5100066 MacArthur Widening Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Finance Director City Manager City Council Approval: City Clerk NO. BA- 046 AMOUNT: b33,soo.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Amount Debit Credit $33,500 AufomaVc $33,500 3 -/ -oa Date D/ ate Date 7