HomeMy WebLinkAboutCC Res 3046 1981-03-23
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RESOLUTION NO.. ~~~~ .
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH REQUESTING THE
COUNTY OF ORANGE TO INCREASE THEIR
ALLOCATION FROM ARTERIAL HIGHWAY
FINANCING PROGRAM FOR THE DEVELOPMENT
OF WESTMINSTER AVENUE BETWEEN SEAL BEACH
BOULEVARD AND BOLSA CHICA.
The City Council of the City of Seal Beach does hereby resolve:
WHEREAS, the City of Seal Beach desires to improve Westminster Avenue
between Seal Beach Boulevard and Bolsa Chica Road; and
WHEREAS, Westminster Avenue is an important arterial highway in the
County of Orange and of general County interest; and
WHEREAS, Article 2 and Article 3, Chapter 9, Division 2 of the Streets
and Highways Code authorizes a County, if it so desires, to expend
funds apportioned to it out of the California Highway Users Tax
Fund for aid to any City in the improvement, construction or
repair of a street within a City; and
WHEREAS, the Board of Supervisors did include in the 1979/80 Fiscal Year
Budget Funds for the improvement of Westminster Avenue AHFP
Project No. 1011 in the Arterial Highway Financing Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach
hereby requests the Board of Supervisors of the County of Orange to increase
their allocation to the City from the County Funds to the amount of $86,000,
said amount to be matched by funds from said City, to be used to aid said
City in the impnovement of Westminster Avenue between Seal Beach Boulevard
and Bolsa Chica.
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Orange
is hereby requested to find that said work on Westminster Avenue in the
manner provided, is in the general County interest.
ABSENT: Councilmen
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PASSED, APPROVED AND ADOPT
at a meeting held on th
vote:
the City of Seal Beach
1981 by the following
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AYES: Councilmen,
NOES: Councilmen
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Resolution Number
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
~Iay 5, 1981
On motion of Supervisor Stanton, duly seconded and carried, the
following Resolution was ado~ted:
WHEREAS, the Board of Supervisors of the County of Orange did,
by resolution dated March 17, 1979, establish a fisc~l program for the
Orange County Arterial Highway Financing Program (AHFP) for the fiscal
year 1979-80. and
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WHEREAS, an adjustment to the 1979-80 fiscal program is necessary
in order to allocate adequate funds to an authorized project. and
WHEREAS, the City of Seal Beach,has requested, by resolution,
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the allocation of additional AHFP funds and a time'extension for AHFP
project No. lOll.
WHEREAS, the City of Seal Beach has requested a change i~ AHFP
policy to allow for a 90% payment of the AHFP allocation to ease potentia
city cash flow problems.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereb
amends the 1979-80 fiscal program as follows:
PRIORITY
REVISED TOTAL ALLOCATION
AHFP. No. 1011
$86,000
BE IT FURTHER RESOLVED that:
1) The Clerk
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of this Board be and hereby fs authorized to
execute AHFP Project Administration Agreement No. 1011
with the City of Seal Beach.
Resolution No. 81-605
Agreement AHFP No. 1011
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RECEIVED
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AHFP policy for AHFP No. 1011 is changed to allow for a
payment upon request by the City of 90% of the AHFP
allocation or 90% of the AHFP share of the construction
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costs, whichever is less, upon award of the construction
contract.
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3) The Director, Environmental Management Agency is hereby
instructed to transmit this resolution to t:ie City of
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- Seal Beach.
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SUPERVISORS
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NOES:
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ROGER R. STANTON, HARRIETT M. WIEDER, BRUCE NESTANDE'
THOMAS F. RILEY, AND RALPH B. CLARK
SUPERVISORS NONE
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ABSENT:
SUPERVISORS NONE
21 STATE OF CALIFORNIA )
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22 COUNTY OF ORANGE )
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I, JUNE ALEXAL'IDER, Clerk of the Board of Supervisors of Orange County, California,
hereby certify that the above and foregoing Resolution wap, dtlly'and regularly adopted by
the said Board at a regular neeting thereof held on 1;!1f!"'-sf.fi,~':.&y of Mav ,
19 81 ,and passed by a unanimous vote ';1t-'.s~~, ~~'{ t-
o. ..._ . 'lI;.... WI" .
IN t'lI'INESS WHEmXlF, I have hereunto set my'- ~ii aJ:)cf'seal 'thi~': '~fh day of
May 19 81 ,~: ,'--:,' .;.:-:"
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.nM ALEXANDER ...., '\.' ,
Cler of the -~a of fllJl1~rYisors
of Orange ~~Yi~i:'~~~~rnia
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Resolution Number
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PROJECT ADMINISTRATION AGREEMEtIT
PROJECT /I 1011
Westminster Avenue
between Seal Beach
Boulevard and Bolsa Chica
Road
MEMORANDUM OF ACRE~ed
this~ day of
19 ~ by and between:
into
CITY OF SEAL BEACH a municipal
corporation, hereinafter referred
as the City, and
COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
referred to as the County.
WITNESSETH:
WHEREAS, the Board of Supervisors by P~solution 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 Funds for aid to cities and in the improvement, construction, or repair
of streeta 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 Board of Supervisors has, by appropriate action, provided
in the Road Budget for the Fiscal Year 1979-80 funds for the improvement of
streets within the incorporated cities of the County, which streets are a part
of the County's t~ster Plan of Arterial Highways; and
WHEREAS, the Board of Supervisors on November 5, 1958 has by formal
resolution adopted the formal procedure for the administration of the Arterial
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Highway Financing Program as revised, which procedure ia outlined in a document
on file with the County Clerk, formally known as the County of Orange Arterial
Highway FiD4ncing Program Procedure Manual; and
WHEREAS, it is mutually agreed between the parties that Weatminater
Avenue between Seal Beach Boulevard and Bolsa Chica Road, a street included in
the Orange County Maater Plan of Arterial Highwaya, is a atreet of general County
interest and should be improved in accordance with the policies of the Arterial
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Highway Financing Program. Said work of such improvement shall be referred to
hereinafter as the Project; and
WHEREAS, the City as Lead Agency, has completed the environmental asseas-
menta aa required by the California Environmental Quality Act of 1970 by approving
a Categorical Exemption for the Project, as copy of which is on file with the
County; and
WHEREAS, the 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, the City has reviewed Project 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 procedures outlined in the Arterial Highway Financing Program (AHFP)
Procedure Manual herein referred to shall be made a part of this agreement.
2. The Contracting Authority for the Project is hereby designated as the
City.
3. The Project Engineer for the Project is hereby designated as the City.
4. The Construction Engineer for the Project is hereby designated as
the City.
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Resolution Number
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5. All aoila engineering and material and construction teating necesaary
for the Project shall be perfomed by the County. This shall include preliminary
3 aoils invest~gations, atructure foundation investigations, recommendations for
4 structural sections and compaction requirements, and quality control of materials
5 and conatruction.
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6. The work shall be aubject at all times to inapection by the authorized
7 repreaentatives of both parties.
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7. Funds to be used for the Project:
(a)
The estimated coat of the Project covered by this agreement is:
DESIGN ENGINEERING:
CONSTRUCTION CONTRACT:
CONSTRUCTION ENGINEERING:
$ 105,000
912,000
70,000
$1,087,000
TOTAL:
(b)
On the basis of the above estimate, this Project will be financed
as follows:
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COUNTY FUNDS:
CITY FUNDS:
STATE (FAU) FUNDS:
TOTAL:
$ 86,000
86,000
915,000
$1,087,000
19 Project estimate will exceed the original allocation by more than 15%, the Con-
(c) If upon completion of detailed design, it appears that the
20 tracting Authority shall request the City Council and Board of Supervisors for
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additional funda. The City Council and the Board of Superviaors shall adopt
23 request for additional allocations ahall follow the procedurea aa set forth in the
resolutions allocating the additional funds prior to advertising for bids. The
24 AHFP Procedure Manual.
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(d) Final adjuatments of Project costs will be made on the basis of
26 the County fifty percent (50%), the City fifty percent (50%) on eligible items in
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(e) Final adjustmenta of project atom drain costs will be made
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Resolution Number
1 on the basis of matching funds up to a maximum of fifty percent (50%) of the total
2 cost of eligible items; that is, County participation shall not exceed a maximum
3 of twenty-five percent (25%) of the total cost of eligible storm drain construction.
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(f) It is the intent of the parties hereto to comply with all
5 applicable rules regarding the expenditure of State Cas Tax Funds. Eligibility of
6 any storm drsin item will be subject to final audit and determination by the
7 State Controller's Office. Any future adjustment required by said Controller's
8 Office shall be made by the City with City funds, including complete refunds to
lit the County of any County gas tax funds declared by the Controller to have been
10 expended on ineligible construction.
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(g) Any funds spent prior to July 1, 1977, shall not be considered
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8. This agreement shall become null and void in the event the City
14 fails, for any reason, to advertise and award the contract for the Project prior
15 to June 30, 1981, and the City shall reimburse the County for any expenditures
16 incurred by the County in connection with said Project.
9. This agreement shall become null and void in the event that the City.
for any reason, advertises project for bids prior to the granting of authorization
to advertise by County in accordance with the procedures set forth in the Arterial
Highway Financing Program Procedure Manual.
10. Upon acceptance of the completed AHFP Project by the awarding author-
ity or upon the contractor being relieved of the responsibility for maintaining
and protecting certain portions of the work, City shall maintain the Project
24 or such portions of the work in a manner satisfactory to County. If, within
25 ninety days after receipt of notice from County that the Project or any portion
26 thereof is not being properly maintained, City has not remedied the conditions
27 complained of to County's satisfaction, County may withhold the prograoming or
28 approval of further AHFP projects of City until the Project shall have been put
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Resolution Number
1 in a condition of maintenance satisfactory to County. The maintenance referred
2 to herein shall include not only the preservation of the general physical
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feature of the roadway, roadside, and surfacing, but also safety and regulatory
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features, devices and appurtenances built into the Project.
11. County-wide extension of Arterial System:
6 To promote uniformity of County Arterial Highway System with City
7 Master Plan of tmjor Streets, both parties agree to continue the promulgation
of the AHFP as outlined in the aforementioned Procedure Manual.
IT IS MUTUALLY UNDERSTOOD Atm AGREED:
1. That neither County nor any officer or employee thereof shall be re-
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sponsible for any damage or liability occurring by reason of anything done or omitted
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to be done by City under or in connection with any work, authority or jurisdiction
delegated to City under this agreement. It is also understood and agreed that,
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pursuant to Government Code Section 895.4, City shall fully indemnify, defend and
hold County harmless from any liability imposed for injury (as defined by Govern-
16 ment Code Section 810.8), occurring by reason of anything done or omitte~ to be
17 done by City under or in connection with any work, authority or jurisdiction del-
18 egated to City under this agreement.
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2. That neither City nor any officer or employee thereof shall be re-
sponsible for any damage or liability occurring by reason of anything done or omit-
ted to be done by County under or in connection with any work, authority or juris-
diction not delegated to City under this agreement. It is also understood and
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agreed that, pursuant, to Government Code Section 895.4, County shall fully indem-
nify, defend and hold City harmless from any liability imposed for injury (as de-
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fined by Government Code Section 810.8), occurring by reason of anything done or
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~itted to be done by County under or in connection with any work, authority or
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jurisdiction not delegated to City under this agreement.
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ResoLution Number
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1 IN WITNESS WHEREOF, City has caused this agreement to be executed by its
2 Mayor and attested by its Clerk, and County has caused this agreement to be executed
3 by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
4 written opposite their signature, all thereunto duly authorized by the City Council
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and the Board of Supervisors, respectively.
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Dated:
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SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT !lAS BEEN DELIVERED TO
ThE CHAIRMAN OF TIiE BOARD.
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JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
C:r G~lM:ORNIA
Deputy """2-.. , Q/ I
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GWS:wmrA106(5)
CITY OF SEAL BEACH a municipal corporation
By~~L
layor
COUNTY OF ORANGE, a political subdivision
of the State of California
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By
Chairman, Board of Supervisors
Date
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