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HomeMy WebLinkAboutCC Res 7364 2023-01-23 RESOLUTION 7364 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING UTILITY AGREEMENT NO. UK104063 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH WHEREAS, the 1-405 Improvement Project ("Project") is widening the 405 Freeway between the Orange County limits and City of Costa Mesa, including a portion of the 405 Freeway within the City of Seal Beach ("City"); and, WHEREAS, on February 25, 2022, Orange County Transportation Authority ("OCTA") notified the City that the 1-405 Improvement Project impacted an existing 12-inch City waterline ("Waterline") that runs along the northerly edge of the City's Beverly Manor Reservoir and North Gate Road within the City, because the 405 Freeway widening included demolition of existing sound walls and installation of new sound walls within the area where the Waterline was partially located; and, WHEREAS, the Director of Public Works determined that as a result of the proposed construction by OCTA, there was an imminent need for the City to relocate the Waterline to prevent impairment of the potable water supply and fire flow water for the City and its residents and businesses, and the Director of Public Works thereupon declared an emergency finding that the relocation of the Waterline was of urgent necessity for the preservation of life, health and property, and that there would not be sufficient time for public bidding in order to carry out the work, and authorized the emergency relocation to be performed by Valverde Construction, Inc. (Valverde); and, WHEREAS, City Council ratified the declaration of emergency and authorized payment for the Waterline relocation on June 13, 2022; and, WHEREAS, on June 20, 2022, OCTA identified additional Waterline segments that remain in conflict with certain Project structures which were not previously noted, namely an overhead freeway sign; and, WHEREAS, funding for construction of the additional Waterline relocation work ("Additional Work") is the responsibility of OCTA; and, WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is requesting the City of Seal Beach to enter into a Utility Agreement No. UK104063 to fully reimburse the City of any and all costs associated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting utility relocation plans for Additional Work; and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby approves Utility Agreement No. UK10463 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full SECTION 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement. SECTION 3. The City Council recognizes $19,913 pursuant to Utility Agreement No. UK10463 into the Water Maintenance and Operations account. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of January 2023 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ,99t--1).ja,e;11/1";--ic SEAL 6 c Joe almick, Mayor cp�PORgte,10 e. • tiatiltigeW Id' Gloria D. Ha per, cityCI` ...... 1 � �lliNi STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 7364 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of January, 2023. AejOk jell" Gloria D. Harper, City Clerk I I I