HomeMy WebLinkAboutItem 4.05 ACTIA MeasB FundsCITY CLERK FILE #600-40
AGENDA STATEMENT
CZTY COUNCI'L MEETTNG DATE: March 5, 2002
SUBJECT:
Approval of Master Program Funding Agreement with Alameda
County Transportation Improvement Authority for Measure B 2000
Programmatic Pass-Through Funds
Report Prepared by: Lee $. Thompson, Public Works Director
ATTACHMENTS:
1) Resolution Approving Master Program Funding Agreement
2) Master Agreement
RECOMMENDATION: Adopt Resolution approving Master Program Funding Agreement
with Alameda County Transportation Improvement Authority
(ACTIA) for Measure B 2000 PrOgrammatic Pass-Through Funds
FINANCIAL STATEMENT:
With the execution of this Master Program Funding Agreement, the
City wilt receive approximately $10.63 million from ACTIA over
the 20-year duration of Measure B 2000 under the Local Streets and
Roads Program and Bicycle and Pedestrian Safety Program. The
funds, which are allocated based on a formula reflected in the
Alameda County Expenditure Plan, will be distributed monthly and
the percent shares will vary with population and road mileage.
DESCRIPTION: The reauthorization of Measure B, also called Measure B 2000, was
approved by the voters of Alameda County at the General Election held on November 7, 2000. This
authorizes ACTIA to administer the proceeds from the continued one-half cent sales tax. The current
Measure B program will expire on March 31, 2002, and the new program will begin immediately
thereafter on April 1, 2002, extending for a period of 20 years and terminating on March 31, 2022. The
proceeds of the one-half cent sales tax will be used to pay for the programs and projects outlined in
Alameda County's 20-Year Transportation Expenditure Plan.
There are two programs included in the Plan that will directly benefit the City, those being the Local
Streets and Roads Program and the Bicycle and Pedestrian Safety Program. Local Streets and 'Roads
Program funds are provided to local cities and Alameda County for use on any local transportation need
based on local priorities, including streets and roads, local transit projects, bicycle and pedestrian projects
and other transportation uses. The Bicycle and Pedestrian Safety Program funds are intended to expand
COPIES TO:
ITEM NO. ~
g:\agendmisc\agst ACTIA Master Program Funding Agreement
and enhance bicycle and pedestrian facilities, focusing on high priority projects such as gap closures and
intermodal connections. These funds will be diSbursed on a monthly basis by ACTIA based on a set
formula for distribution.
In compliance with the proposed agreement, the City agrees to set up an appropriate system of accounts to
maintain separate accounting and reporting for each type of Measure B funds to be received. The City
further agrees to submit to ACTIA, on an annual basis and at the City's expense, an independent
compliance audit of the funds received and used, including plans and reports of expenditures.
Staff recommends adoption of the resolution approving the Master Program Funding Agreement with
ACTIA for Measure B 2000 Programmatic Pass-through funds.
Page 2
RESOLUTION NO. - 02 .
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVAL OF MASTER PROGRAM FUNDING AGREEMENT WITH ALAMEDA COUNTY
TRANSPORTATION IMPROVEMENT AUTHORITY FOR MEASURE B 2000
PROGRAMMATIC PASS-THROUGH FUNDS
WHEREAS, the voters of Alameda County approved the reauthorization of Measure B at the
General Election held on November 7, 2000 thereby authorizing that Alameda County Transportation
Improvement Authority (ACTIA) be given the responsibility to administer the proceeds from the
continued one-half cent transaction and use tax; and
WHEREAS, the duration of the tax will be 20 years from the initial year of collection, which will
begin April 1, 2002, with said tax to terminate/expire on March 31, 2022; and
WHEREAS, the one-half cent transaction and use tax proceeds will be used to pay for programs
and projects outlined in Alameda County's 20-Year Transportation Expenditure Plan (Plan); and
WHEREAS, there are two programs included in the Plan that will directly benefit the City of
Dublin and they are the Local Streets and Roads Program and the Bicycle and Pedestrian Safety Program;
and
WHEREAS, in order for the City of Dublin to receive funds from these programs, a Master
Program Funding Agreement with ACTIA for Programmatic Pass-Through Funds needs to be executed;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin that the City
of Dublin, by adopting this resolution, hereby approves the Master Program Funding Agreement with
ACTIA for Measure B 2000 Programmatic Pass-Through Funds.
BE IT FURTHER RESOLVED that the Council authorizes the Mayor to execute the Master
Program Funding Agreement.
PASSED, APPROVED AND ADOPTED this 5th day of March, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
ACTIA AGMT #2002-04
AGREEMENT
BETWEEN THE
ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY
AND THE
CITY OF DUBLIN
This AGREEMENT is made this day of ,2002, by and between the
Alameda County Transportation Improvement Authority, hereinafter referred to as "ACTIA", a
local public agency, and the CITY OF DUBLIN, hereinafter referred to as "CITY", a municipal
corporation.
RECITALS
WHEREAS, the voters of Alameda County, pursuant to the provisions of the Local
Transportation Authority and Improvement Act, California Public Utilities Code Section 180000
et seq., approved the reauthorization of MeaSure B at the General Election held on November 7,
2000, thereby authorizing that ACTIA be given the responsibility to administer the proceeds from
the continued one-half cent transaction and use tax; and
WHEREAS, the duration of the tax will be 20 years from the initial year of collection, which will
begin April 1, 2002, with said tax to temainate/eXpire on March 31, 2022; and
WHEREAS, the one-half cent transaction and use tax proceeds will be used to pay for the
programs and projects outlined in Alameda County's 20-Year Transportation Expenditure Plan
(hereinafter referred to as "Plan"), as it may be amended; and
WHEREAS, ACTIA will have the authority to bond for the purposes of expediting the delivery
of transportation projects and programs, and Costs associated with bonding will. be borne only by
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the capital projects included in the Plan and by any programs included in the Plan that utilize the
bond proceeds; and
WHEREAS, local streets and roads funds are provided to local cities and Alameda County to be
used for any local transportation need based on local priorities, including streets and roads
projects, local transit projects, bicycle and pedestrian projects and other transportation uses; and
WHEREAS, the local transportation funds within a geographic sub-area will be allocated to the
jurisdictions within that sub-area based on a formula, attached hereto as Exhibit A and by this
reference made a part of this AGREEMENT, weighted 50% by the population of the jurisdiction
within the sub-area and 50% of the number of road miles with the sub-area; and
WHEREAS, the allocations may change in the furore based on changes in population and road
mile figures;
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
The ACTIA agrees that it shall:
1. Within five working days of actual receipt of the monthly Measure B sales tax
revenues from the State Board of Equalization, remit to the CITY an amount
calculated by the formula used to determine the program allocations, based on the
most current population and maintained road mileage figures, as set forth in Exhibit A.
2. Update the Measure B sales tax revenue allocation formula to reflect the most current
population and maintained road mileage using the California State Board 'of
Equalization's Annual Report of Estimated Population (E-1 published in May) and the
certified number of maintained road mileage from each CITY and the County. The
updated Measure B program allocation formula shall be reflected in the allocations
beginning each July of the new fiscal year.
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3. Distribute to the CITY the portion of funds to be spent on planning and construction of
bicycle and pedestrian projects as allocated and guided by the rules described in
Exhibit B, attached hereto and by reference made a part of this AGREEMENT, as said
rules may be amended from time to time.
4. Provide an annual projection of Measure B sales tax revenues including an estimate to
CITY for each type of fund for the new fiscal year on a cash basis of reporting.
5. Report the amount of Measure B Program revenues passed through to each CITY by
each type of fund for the fiscal year and for the total Program to date, on a cash basis.
6. Provide for an independent annual audit of its revenues and expenditures including the
allocation formula for distributing Measure B sales tax revenues to CITY and render
an annual report to the ACTIA Governing Board and to the Citizens Watchdog
Committee within 180 days following the close of the fiscal year.
7. Provide notice to the CITY of any and all expenditures made by CITY which are not
in compliance with the AGREEMENT, the Plan or the Measure B ballot measure
promptly after ACTIA becomes aware of any such expenditures.
The CITY agrees that it shall:
1. Expend the local streets and roads funds according to the applicable provisions of
Public Utilities Code Section 180000 et seq., the Plan, and the rules described in
Exhibit A.
2. Establish a CITY program to expand and enhance bicycle and pedestrian safety and
facilities in its CITY, focusing on high priority projects like gap closures and
intermodal connections, and expend said funds according to the rules described in
Exhibit B.
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Set up an appropriate system of accounts to keep separate accounting and reporting for
each type of Measure B fund to be received. The accounting system shall provide
adequate internal controls and audit trails to facilitate an annual compliance audit for
each fund type and respective usage and application.
Submit to ACTIA, on an annual basis and at CITY's expense, an independent
compliance audit of the funds received and used, including plans and reports of
expenditures. The annual compliance audit is to be completed, certified and provided
to ACTIA within 180 days following the close of each fiscal year.
Along with the annual compliance audits and reports, provide ACTIA with the
certified number of maintained road miles within CITY's jurisdiction, which shall be
consistent with the miles reported to state and federal agencies. The certified
maintained road miles shall be used in the updated Measure B sales tax revenue
allocation formula for distributing Measure B funds and the new mileage shall be
reflected in the distributions at the start of each new fiscal year (i.e., each July 1).
CITY shall provide ACTIA with the annual certified number of maintained road miles
each fiscal year even if there were no changesin the number of miles for the fiscal
year.
In the event CITY's expenditures in a fiscal year are less than the mount the CITY
has received, explain why the revenues exceeded expenditures and what the CITY
intends to do with the increased reserve.
Agree to the formula used in the allocation of the Measure B sales tax revenues as
reflected in the ballot measure and Plan, and agree to the use of the State Department
of Finance Estimates of Population figures (Report E-l, updated each May) for
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10.
11.
12.
13.
California cities and counties for the annual update of the allocation formula to begin
in each new fiscal year.
By December 31 of each year, provide a project report for projects upon which
Measure B fimds were expended. The project report shall show the amount spent in
that reporting year, including the total estimated project costs, the total expenditures to
date, a brief description and location of the projects, and the benefits to be realized
from said projects. Photographs of the project shall be provided showing the types of
projects funded through Measure B.
Provide signage (i.e., CITY and ACTIA logos; "Your Measure B Sales Tax Dollars at
Work") where practical on projects and jobs funded by Measure B funds so that the
Alameda County taxpayers are informed as to how the Measure B funds are being
used. Include a description of signage and the number of signs posted in the annual
report submitted to ACTIA.
Actively participate in a Public Awareness Program, in parmership with ACTIA .
and/or the Citizens Advisory Committee, as a means of informing its constituents of
the benefits being derived from the use of the MeasUre B funds.
Provide updated and accurate information on CITY's website, in order to inform the
public, on how the Measure B funds are being used in the CITY. Also provide a link
to ACTIA's website.
At least annually, publish an article either in CITY newsletter or in ACTIA's quarterly
newsletter, highlighting a project or program in which funds received by CITY from
the Measure B Program have been used.
Make itself available upon request from ACT,IA or the Citizens Watchdog Committee,
through CITY's administrative officer or designated staff, to render a report or answer
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any and' all inquiries in regards to its receipt, usage and compliance audit findings of
its funds before ACTIA's Governing Board and/or the Citizens Watchdog Committee
or Citizens Advisory Committee.
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Right to Withhold: If the above items are not provided to ACTIA by the annual due date and/or
such items are found not to be in compliance with this AGREEMENT, Public Utilities'Code
Section 180000 et seq., the ballot measure or the Plan, ACTIA shall withhold Measure B sales tax
funds from the CITY until the CITY has corrected any noted deficiencies to ACTIA's
satisfaction. While funds are being so withheld all interest on withheld funds shall be retained by
ACTIA as an administrative fee.
Programmatic Expenditures: Funds will be disbursed on a monthly basis by ACTIA, based on
a set formula for distribution. Funding for programs are intended to reflect geographic equity
based on the population projections for the County in the year 2005. Dollar figures are based on
financial projections, which assume a 4% annual growth rate. In all cases, amounts shown in the
exhibits are estimates; actual distributions will be based on a percentage of net revenues.
Geographic Breakdown: In all cases:
North Area refers to the Cities of Oakland, Berkeley, Albany, Piedmont, Emeryville and
Alameda, as well as unincorporated areas within that boundary.
Central Area includes the Cities of Hayward and San Leandro, and the unincorporated
area of Castro Valley; as well as other unincorporated lands governed by Alameda County
in the Central Area.
c~ South Area includes the Cities of Fremont, Newark and Union City.
n East Area includes the Cities of Livermore, Dublin and Pleasanton, and all unincorporated
lands in that area.
Jurisdiction: The laws of the State of California will govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it.
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Legal Action: All legal actions by either party against the other arising from this AGREEMENT,
or for the failure to perform in accordance with the applicable standard of care, or any other cause
of action, will be subject to the statutes of limitation of the State of California.
Attorney's Fees: Should it become necessary to enforce the terms of this AGREEMENT, the
prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other
party.
Term: The term of this AGREEMENT shall be from April 1, 2002 to March 31, 2012.
Modification: This AGREEMENT, including its Exhibits, constitutes the entire AGREEMENT,
supersedes all prior written Or oral understandings, and may only be changed by a written
amendment executed by both parties.
EXHIBITS AND SIGNATURES
The following Exhibits are hereby made part of this AGREEMENT:
Exhibit A: Distribution Formula for Funding of Local Streets and Roads by
City/County
Exhibit B: Bicycle and Pedestrian Safety Guidelines
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date first
written above.
CITY:
ALAMEDA COUNTY TRANSPORTATION
IMPROVEMENT AUTHORITY (ACTIA)
By: By:
Mayor, CITY OF DUBLIN
Scott Haggerty, Chairperson, ACTIA
Recommended:
Approved as to form and legality:
By:
Christine M0nsen, Executive Director
Approved as to form and legality:
By: By:
City Attorney
Wendel, Rosen, Black & Dean, LLP
Legal Counsel to ACTIA
Attest: Attest:
By: By:
Dublin City Clerk
Trudye A. Johnson, Authority Clerk
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EXHIBIT A
DISTRIBUTION FORMULA FOR FUNDING OF
LOCAL STREETS AND ROADS BY CITY/COUNTY
Measure B Sales Tax Funding
$317, 852, 426
Local streets and roads funds are provided to local cities and Alameda County. The funds may be
used for any local transportation need based on local priorities, including streets and roads
projects, local transit projects, bicycle and pedestrian projects and other transportation uses.
Local transportation funds within a geographic sub-area will be allocated to the jurisdictions
within that sub-area based on a formula weighted 50% by the population of the jurisdiction
within the sub-area and 50% on the number of road miles within the sub-area. The allocations
may change in the future based on changes in population and road mile figures. Funding for.
local streets and roads by City/County are shown below.
Area % of Net Revenues* Estimated Total
In 1998 Dollars
Alameda 1.40% $19,873,750
Albany 0.32% 4,560,150
Berkeley 2.25% 32,058,551
Dublin 0.26% 3,680,531
Emeryville 0.16% 2,279,399
Fremont 1.80% 25,640,493
Hayward 1.68% 23,885,742
Livermore 0.79% 11,269,234
Newark 0.39% 6,800,005
Oakland 8.38% 123,244,781
Piedmont 0.34% 4,799,257
Pleasanton 0.64% 9,159,228
San Leandro 1.10% 15,632,396
Union City 0.53% 7,531,797
Alameda County (North) 0.06% 800,458.
Alameda County (Central) 1.22% 17,427,492
Alameda County (East) 0.39% 5,603,364
Alameda County Bridges 0.62% 8,799,793
TOTAL 22.33% $317,852,426
*Formulas may change based'on population and road miles in each City/County. Alameda County
(Central) is reduced by 0.39% of total revenues to reflect a transit funding increase
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EXHIBIT B
COUNTYWIDE BICYCLE AND PEDESTRIAN
SAFETY GUIDELINES (5.00% of net revenues)
Measure B Sales Tax Funding
$7!,148,506
These funds are distributed t° cities in the County and to Alameda County to be spent on planning
and construction of bicycle and pedestrian projects. This is a new program, not funded in the-
1986 Measure B Expenditure Plan. This program is intended to expand and enhance bicycle and
pedestrian facilities in Alameda, focusing on high priority projects like gap closures and
intermodal connections.
Seventy-five percent (75%) of the funds will be designated as local funds. Each city and
Alameda County may receive up to their proportional share of the 75% funds based on population
over the life of the Measure. Eligible uses for those funds will include capital improvements for
bicycle and pedestrian facilities and ADA accessibility that have been prioritized through local or
regional planning processes. Cities may go through their own public planning processes, such as
development of their Capital Improvement Programs, to locally identify high priority projects.
Once approved by the City Council or Board of Supervisors, a list of high priority bike and
pedestrian projects shall be submitted to ACTIA prior to construction.
Projects that improve intermodal connections for bicyclists and pedestrians or close gaps in
existing pedestrian or bicycle corridors will be given the highest priority. These funds wilt be
allocated on a monthly basis directly to each city and the County.
Separate policies Will be developed for the remaining 25% of the funds for regional planning and
regional projects, and are not included in this agreement.
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