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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