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HomeMy WebLinkAboutC-2492 - Arterial Highway Financing Program (AHFP)I TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: May 8, 1985 0 CITY OF NEWPORT BEACH SUBJECT: Contract No. C -2492 OFFICE OF THE CITY CLERK (714( 640 -2251 Description of Contract Arterial Highway Financing Program Project Administration Agreement (Balboa Boulevard from 33rd Street Effective date of Contract March 12. 1985 Authorized by Minute Action, approved on February 11, 1985 Contract with Address Environmental Management Agency P.O. Box 4048 Santa Ana CA 92702 -4048 Amount of Contract (See Agreement) /" e Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 4 5 11 UNTY OF 0 RANGE ENVIRONMENTAL MANAGEMENT AGENCY TRANSPORTATION & FLOOD CONTROL PROGRAMS May 1, 1985 Ben Nolan Director of Public Works City of Newport Beach P. 0. Box 1768 Newport Beach, California 92658 -8915 SUBJECT: AHFP Agreement No. 1134, Balboa Boulevard Dear Mr. Nolan: MURRAY STORM DIRECTOR WILLIAM L. ZAUN PROGRAM MANAGER LOCATION: 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 -4048 TELEPHONE: 014) 834 -3467 FILE AHFP 1134 Transmitted herewith is one (1) fully executed copy of the above refer- enced AHFP Agreement between the City of Newport Beach and the County of Orange. Also attached is one (1) copy of Board of Supervisors Minute Order authorizing County's execution of the agreement. Very truly yours, K. R. Smith, Acting Program Manager By:_ Ei n D. E. Upde aff hie�J Cooperativ Pro ctsi II DEU:nk Attachments cc: D. Uzdavinis, Financial Opns., w /attach. W. Lewis, Construction ,,.;, 9 CF N 0. A 1 2 3 4 PROJECT: # 1134 BALBOA BOULEVARD from 33rd Street to 44th Street (R /W, Phase 1) 5 6 7 WITNESSETH: 8 9 10 it 12 13 14 15 16 17 18 19 2 21 22 23 24 25 26 27 28 COUNTY OF ORANGE • ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT MEMORAN)UM OF AGREEMENT entered into this day 19�� by and between: CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as CITY, and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as COUNTY. WHEREAS, the Orange County Board of Supervisors by Resolution of May 31, 1956, adopted the Master Plan of Arterial Highways to serve the entire County including the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with Section 1680 of the Streets and Highways Code authorize a county, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Fund for aid to the cities and in the improvement, construction, or repair of streets within a city; and WHEREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cooperative financial program for the establishment, construction and maintenance of a County Arterial Highway System known as the Arterial Highway Financing Program; and WHEREAS, the Orange County Board of Supervisors has, by appropriate action, provided in the Road Budget for the Fiscal Year 1984 -85 funds for the improvement of streets within the incorporated cities of COUNTY, which streets are a part of COUNTY's Master Plan of Arterial Highways; and WHEREAS, the Orange County Board of Supervisors on November 5, 1958, has by formal resolution adopted the formal procedure for the administration of the Arterial Highway Financing Program, as revised, which procedure is outlined in a document on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and -I- [TAU 0 AHFP 1134 1 WHEREAS, it is mutually agreed between the parties that BALBOA BOULEVARD 2 from 33rd Street to 44th Street, a street included in the Orange County Master Plan 3 of Arterial Highways, is a street of general COUNTY interest and should be improved 4 in accordance with the policies of the Arterial Highway Financing Program as 5 contained in the AHFP Procedure Manual. Said work of such improvement shall be 6 referred to hereinafter as PROJECT; and 7 WHEREAS, CITY, as Lead Agency, has completed the environmental assessments 8 as required by the California Environmental Quality Act of 1970 by approving a final 9 environmental impact report for PROJECT, a copy of which is on file with COUNTY; and 10 WHEREAS, CITY has filed the Notice of Determination with the County Clerk; 11 and 12 WHEREAS, no additional environmental documents are required for compliance 13 with the California Environmental Quality Act; and 14 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements 16 of Section 65402 of the California Government Code and applicable local ordinances 16 and CITY has acted as required. , 17 NOW, THEREFORE IT IS AGREED by the parties hereto as follows: 18 1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein 19 referred to shall be made a part of this agreement. 20 2. PROJECT is originated for the purpose of acquiring right -of -way. 21 Construction shall be scheduled in subsequent fiscal programs as soon as funds 22 become available. 23 3. The Project Engineer in charge of right -of -way acquisition for PROJECT 24 is hereby designated as CITY. 25 4. PROJECT shall be subject at all time to review by the authorized 26 representatives of both parties. 27 5. Right -of -way to be acquired and geometric standards for PROJECT shall 28 be mutually agreed upon by the parties hereto by the preparation of a project report -2- R/W 2� 3 4 5 6 7 9111 i 10 1' i 11 11 12 13 14 15 16 17 18 19 20, 21 22 23 24 25 26 27 28 prior to expenditure of funds. 6. Funds to he used for PROJECT: follows: AHFP 1134 (a) The estimated cost of PROJECT covered by this agreement is: SURVEY AND PLANS: $ -0- RIGHT -OF -WAY ACQUISITION: 500,000 TOTAL: $500,000 b) On the basis of the above estimate, PROJECT will be financed as COUNTY FUNDS: $250,000* CITY FUNDS: 250,000 TOTAL: $500,000 *Maximum allocation unless addtional AHFP R/W funds are programmed in later fiscal year(s). (c) If after appraisals have been made and acquisition actions initiated it appears that the project estimate will exceed the original allocation, the Project Engineer shall follow the procedures as set forth in the AHFP Procedure 1 Manual for Adjustment of Allocation. j (d) Final adjustments of PROJECT's costs will be made on the basis of the COUNTY fifty percent (508), the CITY fifty percent (508) on eligible items up to the maximum COUNTY AHPP allocation. (e) Any funds spent prior to July 1, 1982 shall not be considered in the final accounting of PROJECT. i (f) Funds allotted by COUNTY shall revert to the Arterial Highway Financing Program if the right -of -way to be acquired is not in escrow or under condemnation by June 30, 1986. 7. County -wide extension of the Arterial System: To promote uniformity of the County Arterial Highway System with the City Master Plan of Major Streets, both parties agree to continue the promulgation of the AHFP as outlined in the aforementioned Procedure Manual. -3- R/W AHFP 1134 1 IT IS MUTUALLY UNDERSTOOD AND AGREED: 2 1. Pursuant to and in accordance with Section 10532 of the California 3 Government Code, in the event that this Contract involves expenditures of State 4 funds aggregating in excess of ten thousand dollars ($10,000), the parties shall be 5 subject to the examination and audit of the Auditor General of the State of 6 California for a period of three (3) years after final payment under this Contract." 7 2. That neither COUNTY nor any officer or employee thereof shall be 8 responsible for any damage or liability occurring by reason of anything done or 9 omitted to be done by CITY under or in connection with any work, authority or 10 jurisdiction delegated to CITY under this agreement. It is also understood and 11 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, 12 defend and hold COUNTY harmless from any liability imposed for injury (as defined by 13 Government Code Section 810.8), occurring by reason of anything done or omitted to 14 be done by CITY under or in connection with any work, authority or jurisdiction 15 delegated to CITY under this agreement. 16 3. That neither CITY nor any officer or employee thereof shall be respon- 17 sible for any damage or liability occurring by reason of anything done or omitted to 18 be done by COUNTY under or in connection with any work, authority or jurisdiction 19 not delegated to CITY under this agreement. It is also understood and agreed that, 20 pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and 21 hold CITY harmless from any liability imposed for injury (as defined by Government 22 Code Section 810.8) occurring by reason of anything done or omitted to be done by 23 COUNTY under or in connection with any work, authority or jurisdiction not delegated 24 to CITY under this agreement. 25 26 27 28 -4- R/W •I..11 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21! 22 24 25 26 27 28 AHFP 1134 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. Dated /_! "�i .r F�."� , 190`5 ATTEST: City Clerk CITY OF NEWPORT BEACH, ncipal corporation -r i I���- //�L/.IIL►I APPR VED AS TO FORM: ity Attorney COUNTY OF ORANGE, a political subdivision of the State of California Dated: /,2 , , 19 By: -'y` ��f� V• Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ONDA D RODFRT6 Clerk of the Board of Supervisors of Orange County, California DEU:smsDT02 -25 1/10/85 APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy Date -5- R/W • TO: CITY COUNCIL FROM: Public Works Department (M March 11, 1985 CITY COUNCIL AGENDA ITEM NO. F -14 BY Ti E CITY COUNC11 CITY r' !EWPORT BEACH SUBJECT: ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) C -2492 MAR 1 11985 RECOMMENDATIONS: r IITib6 n'§ r) 1. Endorse the following positions regarding the AHFP and Bridge Programs: (a) The AHFP Program should not be significantly altered from its present form, except for the addition of the County of Orange as an agency eligible for AHFP funding. (b) The Bridge Program should be continued as a separate pro- gram. 2. Authorize the staff to express to the County the above City • positions. DISCUSSION: Because of the highway funding shortage, the County of Orange has considered certain modifications to the existing Arterial Highway Financing Program (AHFP) and to the major Bridge Program. Some modifications considered would have considerably reduced the potential funding available to cities for transportation needs from both programs. In an effort to address the problem, a committee of city managers and public works directors has held a number of meetings to consider the op- tions, and to review the matter with the County. The committee has concluded by recommending that the program be modified to add the County as an eligible agency for AHFP funding (at present only cities are eligible agencies); and by recommending that the Bridge Program be maintained as a separate program rather than being integrated into the AHFP Program. A copy of a memo,dated February 27, 1985 from the above committee, urging Orange County city councils to endorse the recommendations is attached for reference. J pa, Benjamin B. Nolan Public Works Director BBN:jw Att. • JJ City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR February 27, i935 Orange County City Managers Subject: Recommendations Re: AHFP Program a.11 of you should have received a copy of the initial committee report relative to county proposals effecting changes in the AHFP Program. This initial report was a consolidated • effort of the city managers' committee and a committee of directors of public works who I:ad been formed to address the same issue. Subsequently, on February 25th, the same committee of city managers and public works directors met with EtiIA Director Murray Storm and Acting CAO Dick Holmes relative to new county proposals amending their original suggestions. This matter was to have appeared on the Board of Supervisors' Agenda for Tuesday morn- ing, February 26th, but at the meeting on Mondav, it was agreed that the item would be delayed for two weeks to provide sufficient time to make more meaningful comments on the county proposals. After a good deal of discussion, the committee of managers and public works directors came up with the following two recommendations: 1. The AHFP Program, having been demonstrated as a highly successful program for more than a quarter of a century, should not be significantly altered and should be basically left as is with the additional proviso that the County of Orange would be added to the eligibility list for AHFP funding. You will note that the difference here is that the bridge program, as recommended by the county, would not be recommended to be consolidated with the AHFP Program. 2. The county should continue a separate bridge program to be funded at whatever • level the county could manage. It is extremely importantly, we ?eel, that these pro- grams not be consolidated in that historically the bridge program has utilized approx- imately $3.5 million annually, while the AHFP Program has been funded at approxi- mately $3.9 million. Obviously, a continuing level of funding at $3.9 million could not finance both programs. It is extremely important that your respective City Councils endorse, if possible, these recommendations and to transmit their strong feelings on the matter to their County Supervisors. It is also extremely important to emphasize that we are very cognizant and °x Tolanhnno (7I4) S _1Fi_g9.f)9 Orange County City Managers -2- February 27, 1985 • sympathetic to the problems that the county is facing with respect to keeping up with the ever - increasing road needs coupled with spiraling costs. This is something that we indeed can understand since we are facing exactly the same kind of problems; and therefore it would make sense to add the county as an eligible member to the AHFP Program. It is important that we do what we can as quickly as possible since this item may be coming up before the Board of Supervisors on March 12th. 9 • Sincer d Lt/rI rtes W. Thompson, City Administrator CWT:pj Committee Members: Charles Thompson, Huntington Beach City Administrator Chris Christiansen, Westminster City Manager Richard Rowe, La Palma City Manager Ed Wohlenberg, Brea City Manager Bill Winter, Fullerton City Manager Gary Johnson, Anaheim Public Works Director Hugh Berry, Fullerton Public Works Director Gary Mattern, Costa Mesa Public Works Director 0 • • TO: CITY COUNCIL FROM: Public Works Department • February 11, 1985 CITY COUNCIL AGENDA ITEM NO. F-3(b) SUBJECT: BALBOA BOULEVARD FROM 33RD STREET TO 44TH STREET RECOMMENDATION: (3Y> C - 2 41yL- BY THE CITY COUNCP CITY OF NEWPORT REACH FEB I I 1 °05 l„ 4-- Authorize the Mayor and the City Clerk to execute an Arterial Highway Financing Program project administration agreement for the purpose of acquiring right of way to widen Balboa Boulevard. DISCUSSION: On November 28, 1983, the City Council adopted Resolution No. 83 -124 requesting the County of Orange to allocate funds for the acquisition of right of way for the widening of Balboa Boulevard from 33rd Street to 44th Street. The Arterial Highway Financing Program project administration agreement provides for a $250,000 allocation of funds for right-of-way acquisition, to be matched with City gas tax funds for a total of $500,000. N "'�v'" /mac, -w✓+� `U` - Benjamin B. Nolan Public Works Director HH:jd