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HomeMy WebLinkAboutCC AG PKT 2008-05-12 #M REVISED . AGENDA STAFF REPORT DATE: TO: THRU: FROM: May 12, 2008 Honorable Mayor and City Council David Carmany, City Manager Vince Mastrosimone, Director of Public Works SUBJECT: SEISMIC RETROFIT FOR COLLEGE PARK DRIVE BRIDGE OVER SAN GABRIEL RIVER SUMMARY OF REQUEST . The City Council is asked to adopt Resolution No. 5722, temporarily transferring jurisdiction over the Seal Beach portion of the College Park Drive Bridge over San Gabriel River (the "Bridge") to the City of Long Beach so that the Los Angeles County Department of Public Works ("LACDPW") can perform seismic retrofit work ("Retrofit Work") on the Bridge. Resolution No. 5722 also authorizes and approves a Memorandum of Understanding ("MOU") between Seal Beach and Long Beach governing the jurisdictional transfer. BACKGROUND LACDPW has received federal funds to perform Retrofit Work on the Bridge. The Bridge, however, lies partly within Seal Beach and partly within Long Beach. LACDPW has offered to perform the Retrofit Work - including design, construction, and construction administration - at no cost to either City. Pursuant to Sections 1700 through 1706 of the Streets & Highways Code, the County requires that the Bridge be adopted into the County's System of Highways before LACDPW can perform the Retrofit Work. As shown in the attached County resolution, the County ~as already adopted the Bridge into the County System to the extent that the Bridge lies within Long Beach. By temporarily transferring jurisdiction over the Seal Beach portion of the Bridge to Long Beach, Seal Beach will allow LACDPW to work on the entire Bridge. The attached MOU between the Cities of Seal Beach and Long Beach would govern, among other things, liability issues connected to the jurisdictional transfer. . Once the Retrofit Work is complete and accepted by both cities, the County will transfer jurisdiction over the Bridge back to Long Beach, which will in turn transfer jurisdiction over the Seal Beach portion of the Bridge to Seal Beach. Agenda Item M 87296-0001 \1 045600v1.doc Page 2 FINANCIAL IMPACT . None. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 5722, transferring of jurisdiction over the Seal Beach portion of the Bridge to the City of Long Beach and approving the MOU regarding the same. ~~ Vince Mastrosimone Director of Public Works NOTED AND APPROVED: c:T":"" - 7 . David Carmany City Manager Attachments: . A. Letter from City of Long Beach dated February 6, 2008 B. Resolution of the County of Los Angeles, dated October C. Proposed Resolution No. 5722 D. Proposed Memorandum of Understanding between the City of Long Beach and the City of Seal Beach . 2 S7296-0001 \1 045600v1.doc . . . AGENDA STAFF REPORT DATE: TO: THRU: FROM: May 12, 2008 Honorable Mayor and City Council David Carmany, City Manager Vince Mastrosimone, Director of Public Works SUBJECT: SEISMIC RETROFIT FOR COLLEGE PARK DRIVE BRIDGE OVER LOS COYOTES CREEK SUMMARY OF REQUEST . . The City Council is asked to adopt Resolution No. _, temporarily transferring jurisdiction over the Seal Beach portion of the College Park Drive Bridge over Los Coyotes Creek (the "Bridge") to the City of Long Beach so that the Los Angeles County Department of Public Works ("LACDPW") can perform seismic retrofit work ("Retrofit Work") on the Bridge. Resolution No. _ also authorizes and approves a Memorandum of Understanding ("MOU") between Seal Beach and Long Beach governing the jurisdictional transfer. BACKGROUND LACDPW has received federal funds to perform Retrofit Work on the Bridge. The Bridge, however, lies partly within Seal Beach and partly within Long Beach. LACDPW has offered to perform the Retrofit Work - including design, construction, and construction ~dministration - at no cost to either City. Pursuant to Sections 1700 through 1706 of the Streets & Highways Code, the County requires that the Bridge be adopted into the County's System of Highways before LACDPW can perform the Retrofit Work. As shown in the attached County resolution, the County ~as already adopted the Bridge into the County System to the extent that the Bridge lies within Long Beach. By temporarily transferring jurisdiction over the Seal Beach portion of the Bridge to Long Beach, Seal Beach will allow LACDPW to work on the entire Bridge. The attached MOU between the Cities of Seal Beach and Long Beach would govern, among other things, liability issues connected to the jurisdictional transfer. Once the Retrofit Work is complete and accepted by both cities, the County will transfer jurisdiction over the Bridge back to Long Beach, which will in turn transfer jurisdiction over the Seal Beach portion of the Bridge to Seal Beach. Agenda Item 1'1 S7296-0001 \1 045600v1.doc . . . Page 2 FINANCIAL IMPACT None. RECOMMENDATION It is recommended that the City Council adopt Resolution No. I transferring of jurisdiction over the Seal Beach portion of the Bridge to the City of Long Beach and approving the MOU regarding the same. ;ZTTE~~ Vince ~one Director of Public Works NOTED AND APPROVED: C7~ David carman) City Manager Attachments: A. Letter from City of Long Beach dated February 6, 2008 B. Resolution of the County of Los Angeles, dated October C. Proposed Resolution No. _ D. Proposed Memorandum of Understanding between the City of Long Beach and the City of Seal Beach 2 S1296-OQ01\ 1 04560Ov1.doc CITY OF LONG BEACH DEPARTMENT OF PUBLIC WORKS 333 West Ocean Boulevard . Long Beach, CA 90802. (562) 570-6383 . FAX (562) 570-6012 City of Seal Beach Public Works Department February 6, 2008 FEB 0 8 2008 Mr. Vincent Mastrosimone Director of Public Works City of Seal Beach 211 8th Street, 2nd Fioor SealBeach,CA 90740 RECEIVED Subject: Seismic Retrofit for College Park Drive Bridge Over Los Coyotes Creek Dear Mr. Mastrosimone: Attached is a draft resolution that will temporarily transfer jurisdiction of the portion of the College Park Drive Bridge within Seal Beach to Long Beach. We request that you submit this resol,ution to the Seal Beach City Council for its consideration and adoption. Los Angeles County Public Works staff have said they will complete a bridge seismic retrofit project for the subject bridge. Los Angeles County has obtained federal funds for the work and will apply its own budgeted funds for the required matching local funds. Attached, for your information, is a copy of the County Board of Supervisors resolution stating the County will construct seismic safety improvements and appurtenant work after the transfer of jurisdiction. Before County staff can proceed further with design and construction, Los Angeles County needs to hold jurisdiction over the bridge now held betvVeen Long Beach and Seal Beach. After we obtain Seal Beach's portion of the jurisdiction, we will request our own City Council to transfer jurisdiction for the total bridge to Los Angeles County. The transfer will be temporary, and after construction is complete, Los Angeles County will release jurisdiction back to Long Beach. We will, in turn, release jurisdiction for the portion in Seal Beach back to Seal Beach. The benefit of, the temporary transfer to both cities is that we will obtain the safety upgrade work at no cost. We will transmit more details on the planned construction work as they pecome available to us. " ADMINISTRAnON, PLANNING & FACILlnES 333 W. Ocean Blvd...9'" Floor Long Beach. CA 90802 Ph. (562) 570-8383,' Fax (562) 570-6012 AIRPORT 4100 Donald Douglas Dr. Long Beach, CA 90808 Ph. (562) 570-2600 Fax (562) 570-2601 ENGINEERING & STREET MAINTENANCE 333 W. Ocean Blvd., 9'" Floor Long Beach. CA. 90802 Ph. (562) 570-6634 Fax (562) 570-6012 ENVIRONMENTAL SERVICES 2929 E. Willow Street Long Beach, CA 90806 Ph. (562) 570-2850 Fax (562) 570-2861 FLEET SERVICES 2600 Temple Avenue Long Beach, CA 90806 Ph. (562) 570-5400 Fax (562) 570-5414 TRAFFIC & TRANSPORTATION 333 W, Ocean Blvd" 10" Floor Long Beach, CA 90802 Ph. (562) 570-6331 Fax (562) 570-7161 . . . Mr. Vincent Mastrosimone February 6, 2008 Page 2 Thank you for your c.ooperation in this matter. If you have any questions, please call David Mitchell, Acting Senior Civil Engineer, at (562) 570-6384. SVo/t Mark Christoffels City Engineer BM/DM P/PD/Bridges/CollegeP~rkl17 4-04-02 Attachments cc: Mike Conway, Director of Public Works . .. . MAR-0S-2008 15: 32 DPW P.el1 .... ~ ~ COUNTY OF LOS j Fax" DEPARTMENT OF PUBLIC WORKS 'DO SO'UtH RIMOH1' AVSNUB AtHA'MBlA, CAlJIlORNlA PII03-UlI T11l1phanc.: (UI) 4514111D '<<'WW.llllpW.DII ADDI1!ZSS ALL COIIU!Sl'ONDBNCE to: P.O.1IClX 1440 AtHAMIIlA, c.wPO~'1802-J460 JA.MES A. ~OYES. DIndor Odober 17,2002 IN REPLY PLEASE IIIF!R TO FD,E: PD-2 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Adm;nistration 500 West Temple Street Los Angeles, CA 90012 "RQPl,p CDUNTy OF LO:! 'A'GST.:Oo; 40 OCT 2 9 ZDD2 Dear Supervisors: ~v-~.~ VIOLETVARONA.WKeNS EXfCUT'VE OFFICER REQUEST FOR JURISDICTION BRIDGE SEISMIC ReTROFIT PROGRAM tpOLLEGE PARK DRIVE OV:ER THE SAN GABRIEL RlveEj CITY OF LONG BEACH $UPERVISORIAl DISTRICT 4 . 4- VOTES IT IS RECOMMENDED THAT YOUR BOARD: T'Find that the project to retrofrtthe bridge on College Park Drive overthe San Gabriel ~iver to s~. mic structural standards is exempt from the California Environmental . Quality Act and adoptthe enclosed Resolution declaring the portion of College Park Drive over he San Gabriel River in the City. of Long Beach to be a part of the County System (!)f Highways. PURPOSElJUSTIFICA nON OF RECOMMENDEO ACTION . Jurisdiction is. requested in order th~t the County may administer a project to retrofit the bridge-On College Park Drive over the San Gabriel River to seismic structural standards. College Park Drive at this locatic;m is' jurisdictionally shared between the Cities of Long Beach and Seal Beach. Sections 1700-1702 of the California streets and Highways Code provide that the board of supervisors of any county may, by a resolution adopted by a four-frfths vote of its members, declare any highway in the county lying in whole or part within a city to be a county highway. . We will obtain a construction permit from the City of Seiil Beach priorto pelforming work in their jurisdiction. -. J {\ -1=;-!L:; . U-C";f dl'C.1"'~.~ l;;ooI .. . RESOLUTION DECLARING THE PORTlO~. OF. COLLEGE PARK DRIVE OVER THE SAN GABRIEL RIVER IN THE CITY OF LONG' BEACH TO BE A PART OF THE.CO~NTY SYSTEM OF HIGHWA VS WHEREAS, by reason of Its location and travel thereon, the portion of College Park Drive overthe San Gabriel River, within the City of Long Beach, County of Las Angeles, State . of California. should be a part of the County System of Highways, for the limited purpose of performing a seismic safety retrofit Qf the bridge at the -aforementioned location; and WHEREAS, It Is the purpose of the Boarel of Supervisors of said County to construct the above-stated Improvements and perform appurtenant work thereon provided the consent of the governing bC?dy of the City shall first be given. . NOW, THEREFORE, BE IT RESOLveD, by.the Board of Supervisors ofthe County of Los Angeles, State of California, that the portion of College Park Drive over the San Gabriel River, within the City of Long Beach, is hereby declared to 'be a part of the System of Hignways of said County as provided in Sections 1700 and 1704 inclusive of the Streets and Highways Code of the State of Ciillifornia for the purpose of. and limited to, the aforementioned Work. . . . BE IT FURTHER RESOLVED. by the Board of Supervisors of the County of Los Angeles, S.t~e.of California, that the County agrees: . (1) That the County of Los Angeles shall not be responsible for any damage or liability occurring by reason of any roadway condition on the aforementioned street, within the City of Long Beach. existing priorto.the start of construction by the County or following the completion and field acceptance of said construction. The City of Long Beach.shall indemnify, defend, and hold harmless the' County of Los Angeles in connection with said liability. (2) That the work be. performed by the County shall n.g1 Include roadway maintenance activities on College Park Drive over the San Gabriel Riverwithin the City of Long Beach. The City of Long Beach shall be responsible for all roadway maintenance activities within the portion of College Park Drive over the San Gabriel River, which is the subject of this Resolution, and shall indemnify I defend. and hold hannlesil the County oflos Angeles in connection with said maintenance. . . . . . . .. . The foregoing resolution was on the Dla"-:-dayof ~ I . 2002, adopted by the Board of Supervisors of the County of Los Angeles and ex-officlo the governing body of all other special assessment and taxing distrlcts, agencies, and authorities for which said Board ~~. . ~~:~.~"i"... .,.,."r"..I,. APPROVED ~S TO FORM: 'LLOYD W. PELLMAN . County Counsel By wA- Deputy VIOLET VARONA-LUKENS Executive Officer of the Board of Supervisors of the County of Los Angeles BY~POIIO~ . -. Deputy . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONSENTING TO THE ESTABLISHMENT OF THE COLLEGE PARK DRIVE BRIDGE AS PART OF THE COUNTY OF LOS ANGELES SYSTEM OF HIGHWAYS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby makes the following findings of fact: 1. The County of Los Angeles (the "County") has offered to perform seismic safety retrofit work (the "Retrofit Work") on the College Park Drive Bridge (the "Bridge"), which, as depicted in Exhibit A to this Resolution, lies partly within the jurisdiction of the City of Seal Beach and partly in the jurisdiction of City of Long Beach. 2. On October 29, 2002, the County adopted a resolution and in accordance with Sections 1700 through 1702 of the Califomia Streets and Highways Code declaring the Bridge to be part of the County System of Highways for the purpose of performing the Retrofit Work. 3. In order for the County to perform the" Retrofit Work, Seal Beach must temporarily transfer jurisdiction over the Seal Beach Portion of the Bridge to the City of Long Beach so that it may convey jurisdiction over the entire Bridge to the County. . Section 2. The City of Seal Beach does hereby temporarily transfer jurisdiction over the Seal Beach portion of the Bridge to the City of Long Beach and consents to inclusion of the Bridge as part of the County System of Highways, as provided in Sections 1700 though 1702 of the California Streets and Highways Code, for the limited purpose of performing the Retrofit Work. Section 3. The City Council hereby approves, and authorizes the City Manager to sign, the Memorandum of Understanding between the Cities of Seal Beach and Long Beach regarding the transfer of jurisdiction of the Seal Beach portion of the Bridge. Section 4. The City Council has reviewed the County's environmental findings made pursuant to the California Environmental Quality Act in conn"ection with the Retrofit Work, and concurs that the Retrofit Work will not have a significant impact on the environment for the reasons set forth therein. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of Mav . 2008 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members . Mayor Resolution Number xxxx . ATTEST: City Clerk STATEOFCALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number _ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 12th day of Mav I 2008. City Clerk . . '" 1IIlI<...... '.1,."',F .' .. ~,~ . ~ .... ,: ':i ... ~.""fJIJ'"-'.". ,'" ,,{t;..<-,''- t..[,~~:3i"'" ....'....'......' . '," '" ,-,,",..', . ~ ..,. .. ,"",'~" m,;i.:;"~" . v .d< ' .. . -.,,' , .. ... ~t~:. '....--_ ~ ,~~~ . .t:.II!!!:l~!II." :;~..:. t...},., :-.:.....:.. .~ ~:.. " .~ .~fC'~." ... .... ~.:~'. III.... ......... , ~"",,""J~:' " ._.~.",~,:r?\:,'l:":':.o'.~.,:.... III . ,B ~. ,B. ',.<C." . > ~.. 11.; ~. .:""il?;m, ;:1)'",.,-....: ".....,.. , . IiII .'iI!lIII -- -. ,'~"" . - . !( ~'i" ';;:"'i\ "c. .' ,.11' .' III III 1111 · I. :,~ .... . " .1iI!' 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MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOD") regarding the College Park Drive Bridge ("Bridge") is made and entered into by and between the City of Seal Beach, a municipal corporation ("Seal Beach") and the City of Long Beach, a municipal corporation ("Long Beach") Recitals WHEREAS, the Bridge lies partly within the jurisdiction of Seal Beach and partly in the jurisdiction of Long Beach, as depicted in Exhibit A to this MOU; and WHEREAS, the County of Los Angeles (the "County") has offered to perform seismic safety retrofit work on the Bridge (the "Retrofit Work"); and WHEREAS, on October 29, 2002 and in accordance with Sections 1700 through 1702 of the California Streets and Highways Code, the County adopted a resolution declaring the Bridge to be part of the County System of Highways for the purpose of performing the Retrofit Work; and WHEREAS, Long Beach has requested Seal Beach to consent to the County's performance of the Retrofit Work and to temporarily transfer jurisdiction over the Seal Beach Portion of the Bridge to Long Beach so that Long Beach may convey jurisdiction over the entire Bridge to the County; and WHEREAS, concurrent with its approval of this MOU, Seal Beach shall adopt a resolution temporarily transferring jurisdiction over the Seal Beach portion of the Bridge to Long Beach, subject to the terms of this MOU; and WHEREAS, concurrent with its approval of this MOU, Long Beach shall adopt a resolution accepting temporary jurisdiction over the Seal Beach portion of the Bridge, subject to the terms of this MOU. NOW, THEREFORE, in consideration of the promises and agreements herein contained, Seal Beach and Long Beach do hereby agree as. follows: Agree~ent Section 1. Recitals A. The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. Section 2. Term ~. This MOU shall go into effect only after Seal Beach has transferred jurisdiction over the Seal Beach portion of the Bridge to Long Beach and Long Beach has accepted such transfer. S7296~OOOl \1044546v2.doc . . . C. This MOD shall terminate upon completion of the Retrofit Work and transfer of jurisdiction over the Seal Beach portion of the Bridge back to Seal Beach. Section 3. Indemnification A. Seal Beach shall indemnify, defend, and hold Long Beach harmless in connection with any and all claims, liability, damage, or injury (as defined by Section 810.8 of the California Government Code) relating to the Seal Beach portion of the Bridge that is not caused by the County's performance of the Retrofit Work. B. Long Beach shall indemnify, defend, and hold Seal Beach harmless in connection with any and all claims, liability, damage, or injury (as defined by Section 810.8 of the California Government Code) relating to the Long Beach portion of the Bridge that is not caused by the County's performance of the Retrofit Work. Section 4. Warranty A. Long Beach hereby assigns to Seal Be~ch -all of its right, title, and interest in and to any unlapsed portion of any warranty for Retrofit Work for the Seal Beach Portion of the Bridge granted to Long Beach by the County or the contractor hired by the County to perform the Retrofit Work. B. Seal Beach hereby accepts the assignment set forth in this Section as its sole remedy against Long Beach and the County for defects in the Retrofit Work. Section S. Miscellaneous A. Seal Beach and Long Beach shall cooperate to the fullest extent possible in seeing the Retrofit Work to completion. B. Notwithstanding the transfer of jurisdiction contemplated by this MOD, Seal Beach shall remain responsible for all roadway maintenance activities on the Seal Beach portion of the Bridge. C. Long Beach shall promptly transfer jurisdiction over the Seal Beach portion of the Bridge back to Seal Beach following the County's completion and field acceptance of the Retrofit Work. D. This MOD represents the entire understanding of Seal Beach and Long Beach as to those matters contained herein, and no prior or oral understanding shall be any force or effect with regard to those matters covered by this MOD. E. This MOD may not be modified, altered, or amended except in writing signed by both parties. ~. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 2 S7296-0001 \1044546v2.doc . . . G. The signatories hereto represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. H. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 1. If any legal action or other proceeding is brought in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. IN WITNESS WHEREOF, the Seal Beach and Long Beach have executed this MOD by and through their authorized officers on the date set forth below. CITY OF SEAL BEACH CITY OF LONG BEACH By: By: David Carmany, City Manager Patrick H. West, City Manager Date: Date: Attest: Attest: By: By: Linda Devine, City Clerk Larry Herrera, City Clerk Approved as to Form: Approved as to Form: By: Robert E. Shannon, City Attorney By: 3 S7296.0001 \1 044546v2.doc