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Home My WebLink About24-Public Works ORI & L CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution approving Amendment No. 3 to the 3-Year Capital Dept: Public Works- Engineering Improvement Program (2007-2010), Amendment No. 2 to the 6-Year Date: May 31,2011 Capital Improvement Program (2009- 2015) and Amendment No. 1 to 5- Year Capital Improvement Program (2010-2015) for Measure I Local Expenditures. File No. 6.44-2 MCC Date: June 20, 2011 Synopsis of Previous Council Action: 10/04/10 Resolution No. 2010-340 adopted approving the 5-Year Measure I Capital Improvement Program for FY 2010-2015. 06/21/10 Resolution No. 2010-214 adopted approving Amendment No. 1 to the 6-Year Measure I Capital Improvement Program for FY 2009-2015. 10/05/09 Resolution No. 2009-335 adopted approving the 6-Year Measure I Capital Improvement Program for FY 2009-2015. 11/12/08 Resolution No. 2008-425 adopted approving Amendment No. 2 to the 3-Year Measure I Capital Improvement Program for FY 2007-2010. 06/21/08 Resolution No. 2008-122 adopted approving Amendment No. 1 to the 3-Year Measure I Capital Improvement Program for FY 2007-2010. 10/01/07 Resolution No. 2007-412 adopted approving the 3-Year Measure I Capital Improvement Program for FY 2007-2010. Recommended Motion: Adopt Resolution. Signatu e Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Amend#1, 2, 3 & Reso Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: o!/ — Agenda Item No. 446 -a4 -,20`/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Amendment No. 3 to the 3-Year Capital Improvement Program (2007- 2010), Amendment No. 2 to the 6-Year Capital Improvement Program (2009-2015) and Amendment No. 1 to 5-Year Capital Improvement Program (2010-2015) for Measure I Local Expenditures. Background: In November 1989, voters approved Measure I authorizing San Bernardino Associated Governments (SANBAG), acting as the Transportation Authority (Authority), to impose a one- half of one- percent retail transaction and use-tax applicable throughout the county for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010. This tax is commonly known as the %2-cent sales tax. In November of 2004, voters approved an extension of the 11/2- cent sales tax for an additional 30 years from April 1, 2010, extending it to March 31, 2040. In order to distinguish the two programs, they are now being referenced as Measure I 1990-2010 and Measure I 2010-2040. Revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance Nos. 89-01 and 04-1 of the Authority. The referenced ordinances require each local agency to expend funds based on a 5-year Measure I Capital Improvement Program (CIP) and a 20-year Measure I Transportation Plan adopted by resolution. The 5-year Measure I CIP only relates to the expenditure of Measure I funds and each agency is required to update the program annually. The 20-year Measure I Transportation Plan is only required to be amended if it changes. As the Measure 11990 - 2010 Program approached its sunset date of March 31, 2010, SANBAG required jurisdictions to submit 4-Year, 3-Year and 2-Year Measure I CIP's: However, in lieu of a 1-Year Program, SANBAG required jurisdictions to submit a 6-Year Measure I CIP for FY 2009-2015 covering the final year of Measure I 1990-2010 and the first five years of Measure I 2010-2040. San Bernardino's 6-year Measure I CIP was approved on October 5, 2009, and a copy of the Program was sent to SANBAG. As of June 30, 2010, SANBAG returned to requiring the standard 5-Year Measure I CIP. San Bernardino's 5-Year CIP for FY 2010-2015 was approved on October 4, 2010, and a copy of the Program was sent to SANBAG. As of June 30`h of each year, SANBAG audits the City's financial records to insure that Measure I local pass-through expenditures have been made in accordance with the approved Measure I CIP. A deficiency report is created and sent to the City Manager, if improper expenditures are found with a requirement that the deficiencies be promptly corrected. Deficiencies may be repeated if not corrected prior to June 30`h of the following year. 2 CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued The latest audit conducted as of June 30, 2010, has identified a deficiency that needs to be corrected by amendment. The deficiency is as follows: • 3-Year CIP for FY 2007-2010—Measure I funds were expended for repaving projects at 30h Street, Mt. View Avenue, Arrowhead Avenue and Mill Street that were not in the City's Measure I 3-Year CIP. In addition, the Finance Department has advised Public Works that the following deficiencies were found in a subsequent follow-up audit in 2010: • 6-Year CIP for FY 2009-2015 - Measure I funds were spent for street light maintenance Citywide and this project was not identified in the City's 6-Year Measure I CIP. • 5-Year CIP for FY 2010-2015 — Measure I funds are proposed to be spent on street maintenance and street light maintenance Citywide; however, these projects were not identified in the City's 5-Year CIP. Amendment No. 3 to the 3-Year Measure I CIP FY 2007-2010 accomplishes the following: • Increase the amount of the repaving for projects on 36th Street, Mt. View Avenue, Arrowhead Avenue and Mill Street by the amount of $6,464 for a total project cost of $40,864.00. Amendment No. 2 to the 6-Year Measure I CIP FY 2009-2015 accomplishes the following: • Establishes a new project for street light maintenance Citywide and allocates $500,000 in Measure I funds thereby providing a funding source for maintaining the street lighting system. Amendment No. 1 to the 5-Year Measure I CIP FY 2010-2015 accomplishes the following: • Establishes a new project for street light maintenance Citywide and allocates $500,000 in Measure I funds, thereby providing a funding source for street light maintenance services related to the public rights-of-way. • Establishes a new project for street maintenance Citywide and allocates $500,000 in Measure I funds, thereby providing a funding source for street maintenance services related to the public rights-of-way. It is important that these Amendments be approved and submitted to SANBAG before June 30, 2011, to avoid them being repeated in a subsequent audit. 3 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Financial Impact: There is no financial impact related to approval of Amendment No. 3 to the 3-Year Measure I CIP FY 2007-2010, Amendment No. 2 to the 6-Year CIP (FY 2009-2015) and Amendment No. 1 to 5-Year Measure I CIP (FY 2010-2015) for Measure I Local Expenditures. The accounting for these projects was included in the City's FY 2010/11 —2014/15 CIP. Recommendation: Adopt Resolution. Attachments: 1. Resolution 2. Exhibit "A" - Amendment No. 3 to the 3-year CIP for Measure I Expenditures FY 2007 - 2010. 3. Exhibit `B" — Amendment No. 2 to the 6-year CIP for Measure I Expenditures FY 2009 - 2015. 4. Exhibit "C" - Amendment No. 1 to the 5-year CIP for Measure I Expenditures FY 2010 - 2015. 4 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM 3 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT PROGRAM (2009-2015) AND AMENDMENT NO. 1 TO 5-YEAR CAPITAL 4 IMPROVEMENT PROGRAM (2010-2015) FOR MEASURE I LOCAL 5 EXPENDITURES. 6 WHEREAS, San Bernardino County voters approved passage of Measure "I" (hereinafter known as Measure I 1990-2010) in November 1989, authorizing San Bernardino 7 Associated Governments (SANBAG), acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the 8 incorporated and unincorporated territory of the County of San Bernardino beginning April 1, 1990, and ending March 31, 2010; and, 9 WHEREAS, San Bernardino County voters approved passage of Measure "I" 10 (hereinafter known as Measure 12010-2040) in November 2004, authorizing SANBAG, acting 1 I as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the 12 County of San Bernardino beginning April 1, 2010, and ending March 31, 2040; and, 13 WHEREAS, revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 14 Nos. 89-01 and 04-1 of the Authority; and, 15 WHEREAS, said Expenditure Plans require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five-year Capital Improvement Program and a 16 Twenty-Year Transportation Plan adopted by resolution of the local jurisdiction; and, 17 WHEREAS, due to expiration of the Measure 11990-2010 Program on March 31, 2010, 18 SANBAG required each local jurisdiction to submit a three-year plan for the last three years of the Measure 11990-2010 covering fiscal years 2007-2010; and, 19 WHEREAS, due to expiration of the Measure 11990-2010 Program on March 31, 2010, 20 SANBAG required each local jurisdiction to submit a six-year plan to include the final year of the Measure I 1990-2010 and the first five years of the Measure 12010-2040 covering fiscal 21 years 2009-2015; and, 22 WHEREAS, Expenditure Plans of the ordinance also require that each local jurisdiction 23 annually adopt and update its Capital Improvement Program; and 24 WHEREAS, On October 1, 2007, Resolution No. 2007-412 was approved adopting the Three-Year Capital Improvement Program (2007-2010) for Measure "I" Local Expenditure; 25 and, WHEREAS, On April 21, 2008, Resolution No. 2008-122 was approved adopting 26 Amendment No. 1 to the Three-Year Capital Improvement Program (2007-2010) for Measure "I"Local Expenditure; and, I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM 2 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT PROGRAM (2009-2015) AND AMENDMENT NO. 1 TO 5-YEAR CAPITAL 3 IMPROVEMENT PROGRAM (2010-2015) FOR MEASURE I LOCAL 4 EXPENDITURES. 5 WHEREAS, On November 17, 2008, Resolution No. 2008-425 was approved adopting Amendment No. 2 to the Three-Year Capital Improvement Program (2007-2010) for Measure 6 "I"Local Expenditure; and, 7 WHEREAS, On October 5, 2009, Resolution No. 2009-335 was approved adopting the 8 Six-Year Capital Improvement Program(2009-2015) for Measure "I" Local Expenditure; and, WHEREAS, On June 21, 2010, Resolution No. 2010-214 was approved adopting 9 Amendment No. 1 to the Six-Year Capital Improvement Program (2009-2015) for Measure "I" 10 Local Expenditure; and, 11 WHEREAS, On October 4, 2010, Resolution No. 2010-340 was approved adopting the Five-Year Capital Improvement Program(2010-2015) for Measure "I" Local Expenditure. 12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 13 CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. Amendment No. 3 to said Three-Year Capital Improvement Program for 15 Measure "P' Local Expenditures, referenced hereto in Exhibit "A" and incorporated herein by 16 reference as though fully set forth, is adopted as the policy and program of the City of San 17 Bernardino relating to construction of capital improvement projects, using Measure I Local 18 Expenditures. 19 20 SECTION 2. Amendment No. 2 to said Six-Year Capital Improvement Program for 21 Measure "I" Local Expenditures, referenced hereto in Exhibit `B" and incorporated herein by 22 reference as though fully set forth, is adopted as the policy and program of the City of San 23 Bernardino relating to construction of capital improvement projects, using Measure I Local 24 Expenditures. 25 SECTION 3. Amendment No. 1 to said Five-Year Capital Improvement Program for 26 Measure "I" Local Expenditures, referenced hereto in Exhibit"C"and incorporated herein by I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM 2 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT PROGRAM (2009-2015) AND AMENDMENT NO. 1 TO 5-YEAR CAPITAL 3 IMPROVEMENT PROGRAM (2010-2015) FOR MEASURE I LOCAL 4 EXPENDITURES. 5 reference as though fully set forth, is adopted as the policy and program of the City of San 6 Bernardino relating to construction of capital improvement projects, using Measure I Local 7 Expenditures. 8 9 10 11 12 or 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM 2 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT PROGRAM (2009-2015) AND AMENDMENT NO. 1 TO 5-YEAR CAPITAL 3 IMPROVEMENT PROGRAM (2010-2015) FOR MEASURE I LOCAL 4 EXPENDITURES. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and i 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of , 2011, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 VACANT 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 20 2011. 21 22 Patrick J. 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