HomeMy WebLinkAbout08 - City Aid ProgramCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
January 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Webb
949 - 644 -3328 or dawebb @city.newport- beach.ca.us
SUBJECT: COUNTY OF ORANGE CITY AID PROGRAM AGREEMENT FOR
FISCAL YEAR 08 -09
RECOMMENDATION:
Execute the proposed agreement (three copies) between the County of Orange and the
City of Newport Beach as required for participation in the County's Proposition 42 City
Aid Program and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
On July 31, 2007, the Orange County Board of Supervisors adopted Resolution No. 07-
109, allowing for sharing of the County's Proposition 42 (Prop.42) funds with Orange
County cities, and approved an allocation of $10 million for the City Aid Program (CAP)
for Fiscal Year 08 -09. The CAP has been formulated to provide Orange County cities
with additional funds for city roadway maintenance projects.
Of this grant funding our City is to receive $282,612 in FY 08 -09 as our population
based percentage of the County's CAP program. Further, the County's CAP grant
funds are in addition to the Prop. 42 programmed funds the City is to receive in FY 08-
09, direct from the State.
The attached Prop. 42 CAP agreement requires the City to commit to the following:
Maintain its existing "Maintenance of Effort" for use of local funds for street and
highway, maintenance, rehabilitation, reconstruction, and storm damage repair;
Expend (pay to contractors) its Orange County CAP Grant allocations by June
30, 2010 on Prop. 42 eligible projects or return CAP allocation to County; and
Provide County with FY 08 -09 CAP expenditure certification by August 31, 2010.
The County will distribute CAP Grant allocations to the City upon the County receiving
their Prop. 42 funding from the State and receipt of the approved attached CAP
agreement for approval by the Board of Supervisors. Distribution of CAP allocations
County of Orange City Aid Program Agreement for FY 08-09
_ January 8, 2008
Page 2
will be made to cities, on a first come first serve basis, with the submittal of proof of
project award documentation and City invoices. It must also be noted that successful
implementation of the CAP is dependent on the County receiving its programmed Prop.
42 funding from the State for FY 08 -09. Any delay or change to the State's Prop. 42
grant program may directly impact CAP implementation. CAP allocations shall be
returned to the County if allocations are not expended (paid to contractors) by June 30,
2010. The County's tentative schedule to approve the CAP agreements is April 2008.
Environmental Review:
Not applicable.
7:�JPrepared by: C;ubl mitted b
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David Webb, P.E. he . Badum
Deputy Public Works Director /City Engineer ic ork s Director
Attachment: City Aid Program Agreement
Agreement No. D07 -153
PROPOSITION 42
CITY AID PROGRAM AGREEMENT
This CITY AID PROGRAM AGREEMENT, Agreement No. D07 -153 ( "Agreement ") is made
and entered into this day of 200_, by and between the County of Orange,
California, a political subdivision of the State of California ( "County "), and the City of Newport
Beach, a municipal corporation in the State of California ( "City"). The County and City shall
sometimes be referred to separately as a "Party" and collectively as the "Parties."
RECITALS
A. The California State Legislature has determined that the improvement and
maintenance of all city streets is of general County interest. Likewise, the County believes that it
is of general County interest to extend aid to the cities within the County for the general
improvement and maintenance of City streets.
B. The County desires to assist Orange County cities with the improvement and
maintenance of city streets and to help improve regional transportation needs within the County.
Pursuant to California Constitution Article XIX B § 1 and Revenue Taxation Code § 7104, the
County receives State Proposition 42 (Prop. 42) allocations from the State's Transportation
Investment Fund (TIF) and Traffic Congestion Relief Fund (TCRF) for the purposes of street
and highway maintenance, rehabilitation, reconstruction and storm damage repair, which are
required to be deposited in the County's Road Fund.
C. Orange County cities have streets in need of routine roadway maintenance, minor
roadway widening (non - capacity enhancing) and storm drain improvements, but have limited
funds to address these needs.
D. With authorization from the State, the County has established its Prop. 42 City
Aid Program (CAP) whereby the County will provide a portion of the County's Prop. 42 funds
to the cities for the purposes of routine roadway maintenance, minor roadway widening (non-
capacity enhancing) and storm drain improvements within the cities. Such purposes are to be in
accordance with any and all laws, rules, regulations, and guidelines governing Prop. 42
allocations ( "Prop. 42 Requirements').
E. The City owns and operates streets in need of routine roadway maintenance,
minor roadway widening (non capacity enhancing) and storm drain improvements, and
acknowledges that it has limited funds by which to address these needs. Therefore, the City is in
support of receiving a portion of the County's Prop. 42 allocation funds through CAP.
F. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has
passed Resolution No. 07 -109, adopted by a four -fifths vote of its members, finding that the
Purposes under this Agreement are of general County interest and that County aid shall be
extended therefore. This resolution provides for the basis and conditions upon which allocations
Page 1 of 7
Agreement No. D07 -153
will be made from the County Road Fund for expenditures upon City streets, bridges and
culverts in cities within the County.
G. The County's City Aid Program (CAP) provides the guidelines for CAP, and is
incorporated by reference and made a part of this Agreement.
SECTION I
IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT:
County shall:
A. Distribute city aid allocation(s) per requirements of this agreement, the CAP, and
Exhibit B. CAP allocations to cities shall be based on each city's population as of January 2007
information published by Demographic Research Unit of the California Department of Finance.
B. Distribute city aid allocation(s) to cities, on a first come first serve basis, after
receiving invoice along with proof of award documentation from the City for its project(s). Each
City project will require invoice and proof of award documentation. The allocation will be based
on City's invoice amount, which can include design, construction and construction
administration costs. County will not begin disbursing allocations until County has received its
first Prop. 42 allocation from the State for fiscal year 08/09. After County has received its first
Prop. 42 allocation, County will disburse an allocation to the City upon receipt of award
documents. County CAP allocations are entirely subject to Prop. 42 allocations to County from
the State including any delays or changes in State law, rules, regulations, and guidelines.
C. Coordinate with Cities on CAP projects. County's Director of Public Works or
designee can authorize the substitution of CAP project(s) listed on Exhibit A to maximize full
expenditure of the City's CAP allocation(s). The City must make this request in writing, and the
proposed new project(s) shall be eligible for Prop. 42 funds and shall not exceed the Board
approved City CAP allocation(s).
D. Make every effort to expend any CAP funds returned to the County by the City if
City returns funds in a timely manner. However, funds cannot be expended by the County; they
shall be returned to the State.
E. Review Annual CAP expenditure certification submitted by.City (City's submittal
will be no later than August 31 of each year). This certification is a list of completed projects
and a statement that each project meets Prop. 42 requirements and is in compliance with the
purposes of CAP (See CAP for sample of certification). City is responsible for ensuring that all
projects meet CAP and Prop. 42 eligibility requirements and have expended such funds in the
appropriate fiscal year.
F. Conduct a City expenditure assessment each year to verify if City is expending its
CAP funds in the timeframe contemplated under this Agreement.
Page 2 of 7
SECTION 11
City shall:
Agreement No. D07 -153
A. Maintain its existing "Maintenance of Effort" (MOE) of local funds for street and
highway, maintenance, rehabilitation, reconstruction, and storm damage repair. The City must
annually expend from its general fund for street, road, and highway purposes an amount not less
than the annual average of its expenditures from its general fund during the 1996 -97, 1997 -98,
and 1998 -99 fiscal years, as reported to the controller pursuant to the Streets & Highways Code
Section 2151, in order to participate in the County Proposition 42 City Aid Program.
B. Provide County with invoice, along with proof of award documentation, for its
project(s) in order to receive CAP funds. Each City project will require invoice and proof of
award documentation. CAP allocation will be based on the contract award amount. County will
not begin disbursing allocations until County has received its first Prop. 42 allocation from the
State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will
disburse a CAP allocation to the City upon receipt of invoice and award documents on a first
come first serve basis. County's CAP allocations are subject to receiving Prop. 42 allocations
from the State.
C. After receiving CAP funds from the County, advise the County, no later than two
(2) months before the end of the expenditure cycle of each year, of any CAP funds that the City
determines will not be expended within the time requirements of CAP. Any such CAP funds the
City will be unable to expend by the deadline shall be returned to the County a minimum of
thirty (30) calendar days prior to the end of the respective expenditure cycle. The County will
attempt to reallocate these funds to other County projects that will expend the funds within the
time requirements. However if the County is unable to expend or reallocate these funds, they
will be returned to the State.
D. Expend CAP funds no later than June 30, 2010. Eligible expenditure for fiscal
year 08/09 CAP allocation must occur between July 1, 2008 and June 30, 2010. Any funds not
expended by this deadline shall be returned to the County in a timely manner, but no later than
60 days.
E. Prepare and submit to County annually, no later than August 31, 2010, CAP
expenditure certification for all project(s) completed that corresponding fiscal year. This
certification is a list of projects and a statement that each project meets Prop. 42 requirements
and is in compliance with the purposes of CAP (See CAP for sample of certification).
F. In the event of an audit by the State, provide State all project and finance
documentation as required within the timeframe specified by the State. City shall attend all
audits involving its CAP projects as required by State. If the State finds that any City
expenditure is ineligible or out of compliance with Prop. 42 requirements, that expenditure shall
be reimbursed to the County, which will be returned to the State. The City shall reimburse the
Page 3 of 7
Agreement No. D07 -153
County no later than 60 calendar days from State's formal determination, if State determines
CAP expenditures are ineligible.
SECTION III
Miscellaneous Provisions:
A. Availability of Funds County will recalculate the $ l OM total CAP allocation to
the cities if the County's total Prop. 42 allocation falls 10% or more below the anticipated $19M
yearly allocation. The adjustment down of the $1 OM City allocations will be in the same ratio as
the County's allocation is adjusted down from the anticipated $19M. There will be no
adjustment if the County's Prop. 42 allocation exceeds $19M.
B. Project Documentation Cities shall promptly provide County and/or State, upon
request, all project and finance documentation.
C. Indemnification City shall indemnify, defend with counsel approved in
writing, save and hold County and each of its elected officials, officers, directors, agents and
employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or
expenses of every type and description to which they may be subjected arising out of any act or
omission of, its employees, representatives, agents and independent contractors in connection
with the implementation of the actions described in this agreement. City shall return CAP funds
to the County (or State as appropriate) within the timeframe contemplated under this Agreement
should 1) City fail to expend all of its CAP allocation within the specified timeframe; 2) the
State deem any City expenditure to be ineligible; or 3) the City Aid Program be found to be
incompatible with State requirements.
D. Assignment This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties. No assignment of City's interest in this Agreement
shall be made without the written consent of the County. Furthermore, City agrees that CAP
allocations shall not be expended on, given to, shared with, or otherwise provided to any other
city, local agency or other entity that is not contemplated under this Agreement.
E. Entirety & Amendments This Agreement contains the entire agreement
between the Parties with respect to the matters provided for herein. No alteration or variation of
the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no
oral understanding or agreement not incorporated herein shall be binding on either of the Parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless
authorized by County in writing.
F. Severability If any part of this Agreement is held, determined, or adjudicated to
be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be given effect to the fullest extent reasonably possible.
G. Calendar Dan Any reference to the word "day" or "days" herein means
calendar day or calendar days, respectively unless otherwise expressly provided.
Page 4 of 7
Agreement No. D07 -153
H. Notices Notices or other communications which may be required or
provided under the terms of this AGREEMENT shall be given as follows:
City: Director of Public Works /City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Phone 949 - 644 -3311
Facsimile 949 - 644 -3318
and
County: Director of Public Works, RDMD
County of Orange
PO Box 4048
Santa Ana, CA 92702 -4048
Phone 714 - 834 -4377
Facsimile 714 - 834 -2496
All notices shall be in writing and deemed effective when delivered in person or
deposited in the United States mail, first class, postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and
any such notice so given shall be deemed to have been given upon receipt during normal
business hours or, in the event of receipt after business, on the following business day. Any
notices, correspondence, reports and/or statements authorized or required by this Agreement,
addressed in any other fashion shall be deemed not given.
I. Termination County may terminate this Agreement for any reason provided
that the City has not awarded any project on which its CAP allocation will be expended. After
the City has awarded a project on which its CAP allocation will be expended, County may
terminate this Agreement if the City is in breach of this Agreement. Any such termination shall
be accomplished by delivery to City a Notice of Termination, which notice shall become
effective not less than thirty (30) days after receipt, specifying the reason for the termination, the
extent to which CAP funding is terminated, and the date upon which the termination is effective.
No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, City either cures the default involved or, if not reasonably susceptible of cure
within said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and
time line acceptable to County. During this period before the effective termination date, City
and County shall meet to attempt to resolve any dispute. In the event of termination, County
may proceed with the project work in a manner deemed proper by County.
J. Breach The failure of the City to comply with any of the terms and conditions
of this Agreement shall be a material breach of this Agreement. In such event the County may:
Page 5 of 7
Agreement No. D07 -153
Afford the City a written Notice of Breach and Notice of Termination providing
for thirty (30) days within which to cure the breach, in accordance with Section
III.I (Termination);
2. Discontinue all CAP allocations during the period in which the City is in breach;
and
3. Offset CAP allocations against any invoices billed by the City.
Page 6 of 7
Agreement No. D07 -153
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
the 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.
Date:
ATTEST:
City Clerk
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
City of Newport Beach,
a municipal corporation
Lo
Mayor
APPROVED AS TO FORM:
LE
City Attorney
County of Orange,
a political subdivision of the State of
California
M
Chairman, Board of Supervisors
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: �..
60uty
Page 7 of 7
City of Newport Beach
Proposition 42 City Aid Program
Project List
Date: 11 -14 -07
To: County of Orange
City Contact Person: Andy Tran Phone: 949 -644 -3315
Existing Pavement Condition Index (PCI) * *: 79
Exhibit A
Agreement No.: D07 -153
Fiscal Year: FY08 /09
CAP Allocation Amount *: (See Exhibit B)
Item
Project
Project Limits
Project Description
Estimated Cost
Estimated Award Date
(Pavement Maintenance
and/or Storm Damage
Repair)
Eastbluff Drive
1) Eastbluff Dr.- Jamboree Rd. to Jamboree Rd.,
AC Pavement
$1,200,000
July 2008
1
Pavement Rehabilitation
2) Vista Del Sol- Eastbluff Dr. to Vista Del Oro.,
overlay
3) Vista Del Oro- Vista Flora to Vista Truca
Marguerite Avenue
East Coast Highway to Fifth Avenue
AC Pavement
$1,100,000
March 2009
2
Pavement Reconstruction
reconstruction
Balboa Blvd.
West Coast Highway to 26` Street
AC Pavement
$800,000
April 2009
3
overlay
Total Cost: $3,100,000
* City Aid allocation for FY08 /09 must be fully expended by 6/30/10.
**
Evaluation of Pavement Condition Index (PCI) should be consistent with OCTA's final report on "Countywide Assessment of Existing and
Future Pavement Needs," dated March 2006.
Exhibit B -
Agreement No.: D07 -153
Orange County Funded Proposition 42 City Aid Program
FY08 /09 Allocation Schedule to Cities
ID
Orange County Cities
Population
(Department of Finance
Jan. 1, 2007)
% Population in O.C.
Prop. 42 CAP
Allocations Based on
Population
1
Santa Ana
353,428
11.86%
$1,186,006
2
Anaheim
345,556
11.60 %
$1,159,590
3
Huntington Beach
202,250
6.79%
$678,695
4
Irvine
202,079
6.78%
$678,121
5
Garden Grove
172,781
5.80%
$579,805
6
Orange
138,640
4.65%
$465,237
7
Fullerton
137,367
4.61%
$460,965
8
Costa Mesa
113,805
3.82%
$381,898
9
Mission Viejo
98,483
3.30%
$330,482
10
Westminster
92,870
3.12%
$311,646
11
Newport Beach
84,218
2.83%
$282,612
12
Buena Park
82,452
2.77%
$276,686
13
Lake Forest
78,243
2.63%
$262,562
14
Tustin
70,350
2.36%
$236,075
15
Yorba Linda
67,904
2.28%
$227,86
16
San Clemente
67,373
2.26%
$226,085
17
Laguna Niguel
66,608
2.24%
$223,518
18
La Habra
62,483
2.10%
$209,676
19
Fountain Valley
57,741
1.94%
$193,763
20
Placentia
51,597
1.73%
$173,145
21
Rancho Santa Margarita
49,718
1.67%
$166,840
22
Cypress
49,284
1.65%
$165,383
23
AIIsoVieo
45,037
1.51%
$151,132
24
Brea
39,870
1.34%
$133,793
25
Stanton
38,981
1.31%
$130,809
26
Dana Point
36,946
1.24%
$123,980
27
San Juan Capistrano
36,452
1.22%
$122,323
28
Laguna Hills
33,391
1.12%
$112,051
29
Seal Beach
25,962
0.87%
$87,121
30
Laguna Beach
25,131
0.84%
$84,333
31
Laguna Woods
18,426
0.62%
$61,833
32
La Palma
16,162
0.54%
$54,235
33
Los Alamitos
12,146
0.41%
$40,759
34
Villa Paris
6,251
0.21%
$20,977
Total
2,979,9851
100%
$10,000,000
Note: $10M City Aid Program is based on the County receiving its expected Prop. 42 allocation of approx. $19M for FY08 /09.
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