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CITY OF SAN BERNARDINO - REO~EST FOR' ~6lJNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution approving Amendment
No. 2 to correct the Three- Year
Capital Improvement Programs for
Measure "I" Local Expenditures for
FY's 2007-2010.
Dept: Development Services
Date: October 29,2008
File No. 6.44-2 MCC Date: November 17,2008
Synopsis of Previous Council Action:
10/01/07 Resolution No. 2007-412 approving Three-Year Measure "I" Capital Improvement
Program for FY 2007/2010.
04/21/08 Resolution No. 2008-122 approving Amendment No. I to Three-Year Measure "I"
Capital Improvement Program for FY 2007/2010.
Recommended Motion:
Adopt Resolution.
~c,~
Valerie C. Ross
C ta t Robert Eisenbeisz, City Engineer
on c person:
Phone: 5203
Supporting data attached: Staff Report, Reso. & Amendment Ward: All
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct No.)
(Ar.d n",>("rirtinn)
Council Notes: ~,,2.<:f)8- ~02..s
Finance:
Agenda Item No. I ~
11-11-08
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Amendment No. 2 to correct the Three-Year Capital Improvement
Programs for Measure "I" Local Expenditures for FY 2007-2010.
Background:
In November 1989, voters approved Measure I authorizing San Bernardino Associated
Governments (SANBAG), acting as the Transportation 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 I, 1990, and extending to March 31, 2010. This tax has become commonly
known as the Y:.-cent sales tax. In November of 2004, voters overwhelmingly approved an
extension of the Y:.-cent sales tax for an additional 30 years from April I, 2010, extending it to
March 31, 2040.
This Y:.-cent sales tax can only be used for transportation improvements and traffic management
programs authorized in the expenditure plans set forth in Ordinance No. 89-1 of the
Transportation Authority. SANBAG audits the financial systems of all Y:.-cent sales tax
recipients annually to insure that the monies are spent in accordance with the expenditure plans.
The referenced ordinance requires each local agency to expend funds based on a 5-year Capital
Improvement Program and 20-year Transportation Plan adopted by resolution. The Expenditure
Plan only relates to these funds and their expenditure; it is mandatory that each agency update
the plan and program each year.
Since the current plan expires in year 2010, SANBAG required submittal of a 3-year Measure I
Capital Improvement Program (CIP) covering FY 2007-2010. The 3-year Measure I CIP for that
period was adopted by the City on October 1,2007, and a copy of the plan was sent to SANBAG
on October 16, 2007.
On April 21, 2008, Amendment No. I to the 3-year Measure I CIP for FY 2007-10 was adopted
by the City and a copy sent to SANBAG on April 30, 2008. Unfortunately, one project that
utilized Measure I funds, which was approved on February 4, 2008, was missed. Also, another
project was approved on May 19,2008, but the 3-year Measure I CIP was not amended to reflect
the change.
The cost of each project in the 4-year Measure I CIP is based on an estimate using the
information available at the time. As the design progresses and bids are taken, the actual cost of
each project becomes known and the budget may require adjustment.
SANBAG requires that the Measure I CIP be amended whenever funds are adjusted between
projects or additional monies allocated. An audit conducted by SANBAG as of June 30, 2008,
identified two expenditures that were made during FY 2007/08 that were not included in the
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Measure I CIP for FY 2007-10. The expenditures were proper; however, it is necessary to
retroactively amend the FY 2007-10 Measure I 3-year CIP's to reflect the expenditures. These
changes are reflected in the attached Amendment No.2 to the 3-year Measure I CIP's for FY
2007-10.
On February 4, 2008, $49,000 was transferred from Account No. 129-367-5504-7156 "Street and
Safety Improvements (SS-C)" to a new Account No. 129-367-5504-7166 "Box Culvert Repairs"
(SO-B). This transfer was necessary to fully fund Change Order No. I with Roadway
Engineering & Contracting, Inc. for Storm Drain and Street Improvements on Belmont Avenue,
west of Little League Drive (SO-B), per Project Plan No. 11528. The above change is reflected
in the attached Amendment No.2 to the 3-year CIP for 2007-2010.
On May 19,2008, $34,400 was transferred from Account No. 129-367-5504-7788 "Rehabilitate
Pavement - H Street from 30th Street to Edgehill Road" to Account No. 129-367-5504-7801
"Pavement Rehabilitation - 36th Street from Mt. View Avenue to Arrowhead Avenue." This
transfer was necessary to fund a new project SS08-07 to rehabilitate the pavement on 36th Street
from Mt. View Avenue to Arrowhead Avenue. The above transfer is reflected in the attached
Amendment No.2 to the 3-year CIP for 2007-2010.
In order to avoid reoccurrence of this problem, staff has implemented a policy that all future
requests for budget adjustments involving Measure I funds will be accompanied by a companion
to amend the current Measure I CIP.
Financial Impact:
There is no cost to the City for this action. The financial impact to the various CIP projects
resulting from this change is reflected in the attached Amendment No.2 to the 3-Year Capital
Improvement Programs for FY 2007-2010 for Measure "I" Local Expenditures.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
(Q)[Pl[
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
2 AMENDMENT NO.2 TO CORRECT THREE-YEAR CAPITAL IMPROVEMENT
3 PROGRAM FOR FY 2007-2010 FOR MEASURE "I" LOCAL EXPENDITURES.
4
.
WHEREAS, San Bernardino County voters approved passage of Measure "I" in
November, 1989, authorizing San Bernardino Associated Governments, acting as the San
5 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
6 County of San Bernardino; and,
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WHEREAS, San Bernardino County voters approved an extension of Measure "I" in
November, 2004, extending Measure "I" for an additional 30 years beyond the previous
expiration in 2010; and,
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 No.
89-1 of the Authority; and,
WHEREAS, Expenditure Plans of the ordinance require each local jurisdiction receiving
revenue from the tax to expend those funds pursuant to a Five-year Capital Improvement
Program and a Twenty- Year Transportation Plan adopted by resolutioJl of the local
jurisdiction; and,
WHEREAS, Expenditure Plans of the ordinance also require that each local jurisdiction
annually adopt and update the Five- Year Expenditure Plan, except that the Plan need not
include years after 2010 since the current Measure I program expires in October of 2010, and
WHEREAS, in consideration of the above, a Three- Year Capital Improvement Program
for FY's 2007-2010 for Measure "I" Local Expenditures was approved by Resolution No.
2007-412 on 10/01/07, and,
WHEREAS, Amendment No.1 to the Three-Year Capital Improvement Program
(2007-2010) for Measure "I" Local Expenditures was approved by Resolution No. 2008-122
on 04/21/08, and
WHEREAS, Amendment No. 2 to the Three-Year Capital Improvement Program
(2007-2010) for Measure "I" Local Expenditures is necessary to correctly reflect expenditures
made during FY 2007-08 that were not reflected in said Program or Amendments thereto.
III
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RESOLUTION... APPROVING AMENDMENT NO.2 TO CORRECT THREE-YEAR
CAPITAL IMPROVEMENT PROGRAM FOR FY 2007-2010 FOR MEASURE "I"
LOCAL EXPENDITURES.
NOW THEREFORE, BE IT RESOLVED BY TIlE MAYOR AND COMMON
COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Amendment No. 2 to the Thee-Year Capital Improvement Programs
(CIP), for Measure "I" Program of Local Expenditures, for FY 2007-2010, a copy of which is
attached hereto, marked Attachment "A" and incorporated herein, is hereby adopted.
SECTION 2. Except as noted in Attachment "A", all other local expenditures of
Measure I funds for FY 2007-2010 remain unchanged.
SECTION 3. The "twenty-year transportation plan," for Measure "I" Program of Local
Expenditures, adopted by Resolution No. 92-277, on July 20, 1992, is still in effect.
III
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RESOLUTION ... APPROVING AMENDMENT NO.2 TO CORRECT THREE-YEAR
CAPITAL IMPROVEMENT PROGRAM FOR FY 2007-2010 FOR MEASURE "I"
1 LOCAL EXPENDITURES.
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I HEREBY CERTIFY that the foregoing Resolution was dilly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the _
4
5 day of
6 Council Members:
7 ESTRADA
8 BAXTER
9 BRINKER
, 2008, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
10 DERRY
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KELLEY
JOHNSON
MC CAMMACK
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Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By:
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