HomeMy WebLinkAboutCC RES 10-16RESOLUTION NO. 10-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING A PORTION OF
NEWPORT AVENUE LOCATED WITHIN THE CITY OF
TUSTIN TO BE A COUNTY OF ORANGE HIGHWAY
DURING CONSTRUCTION OF ROADWAY
IMPROVEMENTS BY THE COUNTY OF ORANGE
WHEREAS, Newport Avenue from Wass Street to 1750 feet northerly is
designated as a primary arterial and is partially located in the City of Tustin; and
WHEREAS, the County of Orange proposes to construct roadway improvements
on Newport Avenue from Wass Street to Hyde Park Drive in the North Tustin area of the
County ("Project"), and southbound Newport Avenue from Wass Street to 1750 feet
northerly is within the City of Tustin; and
WHEREAS, in order for the County to work within City jurisdiction, the City must
adopt a resolution declaring a portion of Newport Avenue within the City of Tustin to be
a County highway for purposes of roadway improvements during the period of project
construction,pending the Orange County Board of Supervisors resolution declaring the
same.
NOW, THEREFORE, BE IT RESOLVED that:
Pursuant to Section 1700, Article 3, Chapter 9, Division 2 of the California
Streets and Highways Code, southbound Newport Avenue from Wass Street
to 1750 feet northerly within the City limits of Tustin is riereby declared tc k~e a
County highway during the period of project construction of tr~E -roadway
improvements, pending the Orange County Board of Supervisors resei;ation
declaring the same.
2. The City Clerk is hereby directed to transmit a certified copy of this resolution
to the Clerk of the Orange County Board of Supervisors.
PASSED AND ADOPTED at a regular meetin a Tustin Council held on
the 2nd day of February 2010. , /~
Resolution 10-16
Page 1 of 2
ATTEST:
~~
P~ STOKE ,
city Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-16 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of
February, 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
PA~~I LA ~TOKEI~,
Cifi~; ~ l~lerk
Amante, Nielsen, Davert, Gavello (4)
None (0)
None (0)
Palmer (1)
Resolution 10-16
Page 2 of 2
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
September 13, 2011
Submittin~;A~ency/Department: OC PUBLIC WORKS
Adopt resolution declaring a portion of Newport Avenue to no longer be a County Highway; and make California
Environmental Quality Act findings -District 3
The foilowing is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ^
Unanimous ^ (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NELSON: Y (5) BATES: X
Vote Key: Y=Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order
Documents accompanying this matter:
® Resolution(s) 11-1.44
^ Ordinances(s)
^ Contract(s)
Item No. 20
Special Notes:
Copies sent to:
OCPW: Ignacio Ochoa
Eric Swint
~.
I certify that the foregoing is a true and correct copy ofthe Minute Order
adopted by the Board of Supervisors ,Orange County, State of California.
DARLENE J. BLOOM, Clerk of the Board
Deputy
~~~ _ Agenda Item
AGENDA STAFF REPORT
~ ASR Control 11-001096
09ttFO'~~`
MEETING DATES. } ' 09113111 ~„~
LEGAL ENTITY TAKING ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICT(S): 3
SUBMITTING AGENCY/DEPARTMENT: OC Public Works (Approved)
DEPARTMENT CONTACT PERSON(S): Ignacio G. Ochoa (714) 667-3213
Khalid Bazmi (714) 245-4575
SUBJECT: Transfer of Roadway from County of Orange to City of Tustin
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Concur Approved Resolution to Form Consent Calendar
3 Votes Board Majority
Budgeted: N/A
Current Year Cost: N/A
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: N/A
Prior Board Action: March 30, 2010
RECOMMENDED ACTION(S):
Annual Cost: N/A
Sole Source: N/A
1. Find that the proposed project is Statutorily Exempt from CEQA provisions per Section 15268,
Ministerial Projects of the CEQA Guidelines.
2. Adopt Resolution declaring City Project Area to no longer be a County highway as provided in
Section 1704 of the Streets and Highways Code and instruct the Clerk of the Board to transmit a
certified copy of the Resolution and Notice of Completion to the City Clerk for the City of Tustin.
SL~1rIMARY:
Adopting the Resolution declaring the westerly half of Newport Avenue from Wass Street to 1,750 feet
northerly within the City of Tustin to no longer be a County highway will support transferring the Project
area back to the City.
BACKGROUND INFORMATION:
On March 30, 2010, the County entered into a Cooperative Agreement No. D09-115 with the City of
Tustin for funding of roadway improvements within the City's limits as part of the Newport Avenue
Page 1
Pavement Rehabilitation Project from Wass Street to Hyde Park Drive. In accordance with Agreement
No. D09-115 and for the purpose of construction, both the City and the County adopted Resolution 10-16
and 10-060 respectively, pursuant to Section 1700 of the Streets and Highways Code, declaring the "Cit}
Project Area" to be a County highway. The Project was funded by the American Recovery Reinvestment
Act (ARRA).
Construction of the Newport Avenue Pavement Rehabilitation Project commenced on Apri130, 2010 and
the Notice of Completion of Work was filed on October 26, 2010. The City's acceptance of the contract
work completed by the County was received on June 7, 2011. Pursuant to Agreement No. D09-115 and
Section 1704 of the Streets and Highways Code, adoption of the Resolution by the County declaring the
City Project Area to no longer be a County highway is recommended.
Compliance with CEQA: The subject activity is Statutorily Exempt from the provisions of CEQA
pursuant to 15268, Ministerial Projects of the CEQA Guidelines.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
EXHIBIT(S):
Exhibit A -Location Map
Exhibit B -Notice of Completion of Work
Exhibit C -Agreement D09-115
Exhibit D -City Resolution No. 10-16
Exhibit E -County Resolution No. 10-060
Exhibit F -City Acceptance of Contract Work
ATTACH1ViENT(S):
Attachment A -Draft Resolution
Page 2
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 13, 2011
WHEREAS, that portion of Newport Avenue, from Wass Street to 1,750 feet northerly within
the City of Tustin ("City Project Area") is designated a Primary Arterial Highway on the Orange County
Master Plan of Arterial Highways and is deemed to be a highway of County-wide importance; and
WHEREAS, Streets & Highways Code Sections 1700-1704 set forth procedures by which the
County may perform highway improvements within a city.
WHEREAS, County of Orange entered into a cooperative Agreement No. D09-115 on March 30,
2010 (copy on file with the Orange County Clerk of the Board) with the City of Tustin to define the
responsibilities of the County and the City with respect to construction of City Project Area;
WHEREAS, the City Council of the City of Tustin adopted a Resolution 10-16 on February 2,
2010 (copy on file with the Orange County Clerk of the Board) declaring portions of Newport Avenue
within the City of Tustin to be a County highway for the purposes of roadway improvements during the
period of Project construction;
WHEREAS, County of Orange adopted Resolution 10-060 on March 30, 2010 (copy on file with
the Orange County Clerk of the Board) declaring City Project Area to be a county highway for purposes
of construction;
WHEREAS, the County of Orange completed roadway improvements on Newport Avenue from
Wass Street to Hyde Park Drive in North Tustin area of the County and that within the City Project Area;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby declares City
Project Area to no Longer be a County highway, and instructs Clerk of the Board to transmit to the City
Clerk for the City of Tustin a certified copy of this Resolution and Notice of Completion. Ten days after
said filing, City Project area shall cease to be a County highway.
Resolution No. 11-144, Item No~ 20 Page 1 of 1
Declaring a portion of Newport Avenue to no longer be a County Highway
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on September 13, 2011, to wit:
AYES: Supervisors: SHAWN NELSON, JOHN M. W. MOORLACH, JANET NGUYEN
BILL CAMPBELL
NOES: Supervisor(s):
EXCUSED: Supervisor(s): PATRICIA BATES
ABSTAINED: Supervisor(s):
CHAIRMAN
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby
certify that a copy of this document has been delivered to the Chairman of the Board and that
the above and foregoing Resolution was duly and regularly adopted by the Orange County
Board of Supervisors .
IN WITNESS WHEREOF, I have hereto set my hand and seal.
f
DA ENE J. BLOOM
Clerk of the Board
County of Orange, State of California
Resolution No: 11-144
Agenda Date: 09/1 3120 1 1
Item No: 20
I certify that the foregoing is a true and correct copy of the Resolution
adopted by the Board of Supervisors ,Orange County, State of California
DARLENE J. BLOOivt,-clerk of the Board of Supervisors
By:
Deputy