HomeMy WebLinkAboutC-2512 - Arterial Highway Financing Program, 33rd to 44th StreetEW Pp
CITY OF NEWPORT BEACH
V x OFFICE OF THE CI'T'Y CLERK
e..
J714) 640-2251
T0: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: July 22, 1985
SUBJECT: Contract No. C -2512
Description of Contract Arterial Highway Financing Program
Project Administration Agreement
Effective date of Contract July 9, 1985
Authorized by Minute Action, approved on June 10, 1985
Contract with County of Orange
Address Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
iii i_ -•
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
F-7
L-A
L
L
•
TO: CITY COUNCIL
FROM: Public Works Department
•
SUBJECT: BALBOA BOULEVARD FROM 33RD STREET TO 44TH STREET
RECOMMENDATION:
C -2slz
June 10, 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUN 101 "85
APPROVER
Authorize the Mayor and the City Clerk to execute an Arterial Highway
financing:Rrogram project administration agreement for the purpose of
acquiring right of way to widen Balboa Boulevard; and for the cost of
preparing the Environmental Impact Report (EIR).
DISCUSSION:
• On November 26, 1984, the City Council adopted Resolution No. 84 -135
requesting the County of Orange to allocate funds for the acquisition of the
remaining right of way for the widening of Balboa Boulevard from 33rd to 44th
Streets and the cost of preparing the EIR.
The Arterial Highway Financing Program project administration agree-
ment provides for a $349,500 allocation for right -of -way acquisition and a
$22,500 allocation for the cost of the preparation of the EIR. The allocation
is to be matched with City gas tax funds, for a total of $744,000. The EIR was
completed in 1983, with funds having been advanced by the City.
Benjamin 8 Nolan
Public Works Director
HH:jd
•
<3-1-)
1'
2i
3
5
6!
7
8
9
10
11
12'
13
14
15
16
17
18
19
20
21'
22
23
24
25
26
27
28
PROJECT: #1161
BALBOA BOULEVARD
from 33rd Street
to 44th Street
(R/W, Phase 2)
WITNESSETH:
• COUNTY OF ORANGE •
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
MEMORANDUM OF AGREEMENT entered into this
17 7�A day of 1985;
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 1985 -86 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
QC
R/W
1
2
3
4
5
6
7
8
9
10'
11
12
13
14
15
16
17
18
19'
20
21
22
23'
III
25
26
27
28
0 0
AHFP 1161
WHEREAS, it is mutually agreed between the parties that BALBOA BOULEVARD
from 33rd Street to 44th Street, a street included in the Orange County Master Plan
of Arterial Highways, is a street.of general COUNTY interest and should be improved
in accordance with the policies of the Arterial Highway Financing Program as
contained in the AHFP Procedure Manual, and as shown by approved project
application documents on file with COUNTY's Environmental Management Agency. Said
work of such improvement shall be referred to hereinafter as PROJECT; and
WHEREAS, CITY, as Lead Agency, has completed the environmental assessments
as required by the California Environmental Quality Act of 1970 by approving a final
environmental impact report for PROTECT, a copy of which is on file with COUNTY; and
WHEREAS, CITY has filed the Notice of Determination with the County Clerk;
and
WHEREAS, no additional environmental documents are required for compliance
with the California Environmental Quality Act; and
WHEREAS, CITY has reviewed PROTECT for conformance with the requirements
of Section 65402 of the California Government Code and applicable local ordinances
and CITY has acted as required.
NOW, THEREFORE IT IS AGREED by the parties hereto as follows:
1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
referred to shall be made a part of this agreement.
2. PROTECT is originated for the purpose of acquiring right -of -way.
Construction shall be scheduled in subsequent fiscal programs as soon as funds
become available.
3. The Project Engineer in charge of right -of -way acquisition for PROJECT
is hereby designated as CITY.
4. PROTECT shall be subject at all time to review by the authorized
representatives of both parties.
5. Right -of -way to be acquired and geometric standards for PROJECT shall
-2- R/W
1
2
3
4
51
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AHFP 1161
be mutually agreed upon by the parties hereto by the preparation of a project report
prior to expenditure of funds.
6. Funds to be used for PROJECT:
f 0 lows:
(a) The estimated cost of PROJECT covered by this agreement is:
ENVIRONMENTAL IMPACT REPORT $ 45,000
RIGHT -OF -WAY ACQUISITICN: 699,000
TOTAL: $ 744,000
b) On the basis of the above estimate, PROJECT will be financed as
COUNTY FUNDS:
$
372,000
CITY FUNDS:
372,000
TOTAL:
$
744,000
(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
Manual for Adjustment of Allocation.
(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 AHFP allocation.
(e) Any funds spent prior to July 1, 1983 shall not be considered in
the final accounting of PROJECT.
(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, 1987.
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.
IT IS MUTUALLY UNDERSTOOD AND AGREED:
-3-
R/W
AHFP 1161
1 1 Pursuant to and in accordance with Section 10532 of the California
2 Government Code, in the event that this Contract involves expenditures of State
3 funds aggregating in excess of ten thousand dollars ($10,000), the parties shall be
4 subject to the examination and audit of the Auditor General of the State of
5 California for a period of three (3) years after final payment under this Contract.
6 2. That neither COUNTY nor any officer or employee thereof shall be
7 responsible for any damage or liability occurring by reason of anything done or
8 omitted to be done by CITY under or in connection with any work, authority or
9 jurisdiction delegated to CITY under this agreement. It is also understood and
10 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
11 defend and hold COUNTY harmless from any liability imposed for injury (as defined by
12 Government Code Section 810.8), occurring by reason of anything done or omitted to
13 be done by CITY under or in connection with any work, authority or jurisdiction
14 delegated to CITY under this agreement.
15 3. That neither CITY nor any officer or employee thereof shall be respon-
16 sible for any damage or liability occurring by reason of anything done or omitted to
17 be done by COUNTY under or in connection with any work, authority or jurisdiction
18 not delegated to CITY under this agreement. It is also understood and agreed that,
19 pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and
20 hold CITY harmless from any liability imposed for injury (as defined by Government
21 Code Section 810.8) occurring by reason of anything done or omitted to be done by
22 COUNTY under or in connection with any work, authority or jurisdiction not delegated
23 to CITY under this agreement.
24 ///
25
26
27
28
-4- a/w
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19'
20
21
22
23
24
25
26
27
28
AHFP 1161
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.
�;' &S
Dated /�iC- z , 19 5
ATTEST:
Xq
City Clerk /
Dated: JUL 9 1985 , 19
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
DEU:ltDT31 -27
5/20/85
CITY OF NEWPORT BEACH,
a municipal corporation
By�
Mayor
APPROVED AS TO FORM:
LZ
d Ci y Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
By.
..Chairman, Board of 8upervis o
APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
-5-
Dep ty
Date
R/W