HomeMy WebLinkAboutMINUTES - 04072009 - C.4RECOMMENDATION(S):
APPROVE the Amended Joint Exercise of Powers Agreement/Contribution Agreement with East Contra Costa
Regional Fee and Financing Authority (ECCRFFA) for the use of Proposition 1B funds for Phase 1 of the State
Route 4 Bypass and AUTHORIZE the Public Works director or designee to sign the amended agreement on behalf of
the County.
FISCAL IMPACT:
No impact to the General Fund. The Joint Exercise of Powers Agreement/Contribution Agreement involves
disbursement of Proposition 1B funds for Phase 1 of the State Route 4 Bypass Project.
BACKGROUND:
As required by the Joint Exercise of Powers Agreement/Contribution Agreement entered into on March 13, 2008, an
audit for Fiscal Year 2008/09 was performed on the finances of the East Contra Costa Regional Fee and Financing
Authority. The report of the independent auditor, Wallace Rowe & Associates, Certified Public Accountants, had
one finding regarding ambiguous language included
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/07/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Steve Kowalewski,
925-313-2225
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: April 7, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 7, 2009
Contra
Costa
County
Subject:Amendment to Joint Exercise of Powers Agreement/Contribution Agreement with East Contra Costa Regional Fee and Financing
Authority
BACKGROUND: (CONT'D)
in the Joint Exercise of Powers Agreement/Contribution Agreement between the East Contra Costa Regional Fee and
Financing Authority and Contra Costa County. This amended Joint Exercise of Powers Agreement/Contribution
Agreement includes clarifying language, which staff is recommending the Board approve.
As additional background:
Per The Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006, as approved by the
voters as Proposition 1B at the November 7, 2006, general election, $19.9 billion of general bonds were obligated to
fund a variety of transportation priorities.
Contra Costa County (unincorporated) is expected to receive $24.5 million over the life of the program.
The 2007 Budget Act and Chapter 181, Statutes of 2007, Senate Bill 88 (SB88), includes the first installment of $950
million of the Proposition 1B funds for State fiscal year 2007-08 for cities and counties. Of this amount, Chapter 314,
Statutes of 2007 (AB 196), specified $550 million be allocated to cities and $400 million be allocated to counties.
Contra Costa County’s share for Fiscal Year 2007-08 is $9.7million.
The program allows three subsequent fiscal years to expend the funds from the date that the funds are allocated by the
State Controller, and any funds not expended within that period will be returned and reallocated to other cities or
counties. The funds are to be used for improvements to transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or increasing traffic safety. In order to receive funds,
counties and cities must submit a plan to the Department of Finance for use of the amount of funds available in fiscal
year 2007-08. At the end of each fiscal year, new plans must be submitted for the use of any new Proposition 1B
funds provided in the most recent Budget Act.
The Public Works Department has revised the Proposition 1B project list to include Phase 1 of the State Route 4
Bypass.
The revenues for the State Route 4 Bypass are expected to come in at lower than expected levels resulting in funding
shortfalls. The Joint Exercise of Powers Agreement/Contribution Agreement with the East Contra Costa Regional
Fee and Financing Authority allows the County to contribute $3 million of the Proposition 1B funds to the East
Contra Costa Regional Fee and Financing Authority to assist with funding shortfalls. In return, the County will
receive $3 million plus interest of Regional Transportation Development Impact Fees for the Vasco Road Safety
Improvement Project.
The timeline required for the Proposition 1B funds were not known when the original project list was determined.
The three-year timeline to expend the Proposition 1B funds and the funding shortfall of the East Contra Costa
Regional Fee and Financing Authority for the State Route 4 Bypass Project provides an opportunity to expend a
portion of the bond proceeds while ensuring future funding for the Vasco Road Safety Improvement Project.
CONSEQUENCE OF NEGATIVE ACTION:
The Amended Joint Exercise of Powers Agreement/Contribution Agreement will not be approved with clarifying
language.
CHILDREN'S IMPACT STATEMENT: