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CC SR 20160920 D - Prop A Exchange AgreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/20/2016 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to enter into Local Return (LR) Fund Exchange Agreements with the cities of Montebello and Rolling Hills. RECOMMENDED COUNCIL ACTION: (1) Approve a Proposition A LR Fund Exchange Agreement with the City of Montebello in a form approved by the City Attorney; (2) Approve an additional appropriation of $750,000 in exchange for $1,000,000 of Proposition A LR Funds from the City of Montebello; (3) Approve a Proposition A LR Fund Exchange Agreement with the City of Rolling Hills in a form approved by the City Attorney; and, (4) Approve an additional appropriation of $56,250 in exchange for $75,000 of Proposition A LR Funds; and (5) Receive $65,000 of gifted Proposition C Funds from the City of Rolling Hills. FISCAL IMPACT: $806,250 Amount Budgeted: $0 Additional Appropriation: $806,250 Account Number(s): 101-6000-411-69-00 ORIGINATED BY: Vina Ramos, Accounting Supervisor ,JI2_ Nicole Jules, PE, Deputy Director of Public Works REVIEWED BY: Deborah Cullen, Director of Finance L - APPROVED BY: Doug Willmore, City Manager.' ATTACHED SUPPORTING DOCUMENTS: A. Proposition A LR Fund Exchange Agreement with the City of Montebello (page A-1) BACKGROUND AND DISCUSSION: Proposition A is a half -cent sales tax measure approved by Los Angeles County voters in 1980 to finance a countywide transit development program. Twenty-five percent (25%) of the Proposition A tax revenues are designated for the Local Return (LR) Program funds administered by the Metropolitan Transit Authority (Metro). Annually, Metro distributes the LR funds on a per -capita basis to eighty-eight (88) cities and unincorporated areas of Los Angeles County. The LR funds are restricted for 1 developing and/or improving public transit, paratransit, and the related transportation infrastructure. The City's Proposition A allocation for FY16-17 is $779,900, of which 80% or $638,300 funds the annual contribution to the Palos Verdes Peninsula Transit Authority (PVPTA)/Dial-A-Ride and -Lift programs, printing costs, and bus stop shelter maintenance and improvements. During the City's FY16-17 budget workshop, Staff received City Council's approval to seek information regarding LR Fund Exchange Programs with other cities. On August 2, 2016, the City Council approved the first Exchange Program with the City of Diamond Bar. Staff also identified City of Montebello and City of Rolling Hills with uncommitted Proposition A Funds. The current exchange rate is also $0.75 of unrestricted General Fund monies for $1.00 of Proposition A funds. City of Montebello Staff has been in contact with the City of Montebello regarding their available Proposition A Funds in the amount of $1,000,000. The City submitted a letter of intent to the City of Montebello and their Staff will request their City Council's authorization for the exchange on September 21, 2016. The cost for the exchange is $750,000, a total discount of 25% or $250,000. City of Rolling Hills In July 2016, the City of Rolling Hills sent a letter to the neighboring cities regarding their available Proposition A Funds of $75,000 and Proposition C Funds of $65,000. Based on Metro's guidelines, the Proposition C Funds of $65,000 are to be "gifted" only to jurisdictions. The City submitted a letter of intent to the City of Rolling Hills requesting both Proposition A and Proposition C Funds. The City of Rolling Hills will make a decision after September 30, 2016, and will notify the city that has been chosen to receive these funds, as well as prepare the agreement. If the Rancho Palos Verdes is chosen, the cost for the Proposition A exchange is $56,250, a total discount of 25% or $18,750, and there is no cost for the Proposition C gifted amount of $65,000. Proposed Project Based on Metro's guidelines, the City has three (3) years to spend the exchange funds for any projects with a direct benefit to public transit. Proposition A's eligible projects include fixed -route and paratransit services, transportation demand management, transportation systems management and fare subsidy programs. In coordination with the PVPTA and the City of Rolling Hills Estates, the Public Works Department proposes to expend exchange funds to improve the quality and safety of and/or access to public transit services along Silver Spur Road adjacent to Peninsula High School and Promenade on the Peninsula Mall. The Silver Spur Road intersects 2 Hawthorne Boulevard where transit transfers between Metro Line 344 and LADOT Commuter Express Line 448 occur. The proposed improvements will include the following amenities: • Construction of bus pads or concrete landings • Construction of bus shelters • Installation of bus benches • Construction of ADA improvements including access ramps (curb cuts) and sidewalk repairs to remove hazards/vertical uplifts within 25' of a bus stop. Additionally, replacement and maintenance of existing transit amenities will be implemented. The above-mentioned improvements will serve a transit demand directly associated with the nearby high school and commercial zone, and will improve the transit experience of the general public. The proposed project is included in the City's approved Capital Improvement Projects (CIP). If the exchange is approved, the Proposition A and Proposition C funds will help reduce future transfers from the General Fund to the CIP Fund by $483,750, including the previously approved exchange with City of Diamond Bar. The Public Works Department will refine the project scope in coordination with the City of Rolling Hills Estates and the PVPTA since the project limits are near jurisdictional boundaries. Development of project plans, specifications and cost estimates could begin as early as the summer of 2017, and construction would occur approximately one year later. CONCLUSION: Staff requests City Council's approval to proceed with purchasing discounted Proposition A Funds from the cities of Montebello and Rolling Hills. The City will purchase a total of $1,075,000 in Proposition A funds for $806,250 of General Fund monies. If approved, the City will enter into Exchange Agreements with the cities in a form approved by the City Attorney. Additionally, if chosen, Staff asks for City Council's approval to receive the City of Rolling Hills' gifted Proposition C Funds of $65,000. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council's consideration: 1. Do not enter into a Local Return Fund Exchange Agreement with the cities of Montebello and Rolling Hills. 3 FUND TRADE AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE CITY OF MONTEBELLO, CALIFORNIA This Assignment Agreement is made and entered into this 20th day of September, 2016, by and between the City of Rancho Palos Verdes, California ("RPV") and the City of Montebello, California ("Montebello") with respect to the following facts: A. Montebello has uncommitted funding authority for its Fiscal Year 2016-17 allocation of Proposition "A" Local Return funds ("Prop A Funds") that can be made available to RPV to assist in providing the services discussed in Paragraph B below. Montebello is willing to assign its uncommitted Prop A Funds to RPV for the purpose(s) identified in Paragraph B, in exchange for the assignment by RPV of the amount of its general funds indicated in Section 1 below. B. RPV proposes to use Montebello's uncommitted Prop A Funds to fund Silver Spur Road Project ("Project"), an eligible capital improvement project. The Project will improve the safety and/or access to public transit services along Silver Spur Road adjacent to Peninsula High School and Promenade on the Peninsula Mall. The Project will include construction of bus pads or concrete landings, construction of bus shelters, installation of bus benches, construction of ADA improvements including access ramps and sidewalks repair to remove hazards/vertical uplifts within 25' of a bus stop. Adequate Prop A funding for such services is not currently available given the limited amount of RPV's Local Return allocation. C. Upon execution of this Agreement, RPV will require no further discretionary approvals from the Los Angeles County Metropolitan Authority ("LACMTA") or any other regulatory agency and will be able to use the Prop A Funds for the projects described in Paragraph B above. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. Montebello agrees to assign One Million Dollars ($1,000,000) of its Fiscal Year 2016-17 Prop A Funds funding authority to RPV. In return, RPV agrees to assign Seven Hundred and Fifty Thousand Dollars ($750,000) of its general funds to Montebello. 2. Consideration. Montebello shall provide the agreed upon Prop A Funds to RPV in one lump sum payment. RPV shall also provide the agreed upon general funds to Montebello in one lump sum payment. The payments of both parties shall be due and payable within 15 calendar days of the last date of execution of this Agreement by both parties, which shall occur upon obtaining necessary approvals from the LACMTA or any other regulatory agency from which RPV shall require discretionary approvals for the construction of the projects set forth in Paragraph B above. 01203.0007/312443.1 A-1 3. Term. This Agreement is effective on the date first above written, and shall continue for such time as is necessary for both parties to complete their mutual obligations set forth herein. 4. Termination. This Agreement may be terminated with or without cause by either party upon five (5) days written notice to the other party. 5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified or by written notice upon such party by certified mail deposited in the custody of the United States Postal Service addressed as follows: CITY OF MONTEBELLO 1600 W. Beverly Boulevard Montebello, CA. 90640 Attn: Danilo Baston, Assistant City Manager CITY OF RANCHO PALOS VERDES 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 Attn: Deborah Cullen 6. Assurances. a. RPV shall use the assigned Prop A Funds only for the purpose of providing the services discussed in Paragraph B of this Agreement and within the time limits specified in LACMTA's Proposition "A" Local Return Program Guidelines. b. Concurrently with the execution of this Agreement, RPV shall provide LACMTA with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition "A" funds specified in the Guidelines regarding the use of the assigned Proposition "A" Local Return Funds. 01203.0007/312443.1 [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 A-2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, on the day and year above written. CITY OF RACHO PALOS VERDES CITY OF MONTEBELLO BY: BY: Ken Dyda, Mayor , Mayor Dated: , 2016 Dated: , 2016 ATTEST: BY: BY: , City Clerk , City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: David J. Aleshire, City Attorney , City Attorney 01203.0007/312443.1 Page 3 of 3 A-3