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Home My WebLink AboutMINUTES - 03212006 - C.15 C� Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costae DATE: March 21, 2006 County ST'q COON�� J SUBJECT: ADOPT Resolution No. 2006/ /17(0 authorizing the Public Works Director, or designee, to execute a contract with the State of California Department of Parks and Recreation for local assistance funds.from the Per Capita Grant Program under the California Clean Water,Clean Air,Safe Neighborhood Parks,and Coastal Protection Act of 2002 (Prop 40 Per Capita Grant Program), countywide area. (All Districts) Project No. Various SPECIFIC REQUFST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUST11 KATION RECOMMENDED ACTION: ADOPT Resolution No.2006//authorizing the Public Works Director,or designee,to execute a contract with the State of Cali forma Department of Parks and Recreation for local assistance funds from the Per Capita Grant Program under the California Clean Water,Clean Air,Safe Neighborhood Parks,and Coastal Protection Act of 2002(Prop 40 Pcr Capita Grant Program). FISCAL IMPACT: There is no impact to the County General Fund;however,there will be a fiscal gain of$141,796 to the Public Works Department for park and recreational purposes for areas of the unincorporated County. CONTIN-UED ON ATTACHMENT: ❑x SIGNATURE: RECONIMENDA'r10N OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT'rEE APPROVE OTHER r SICNATI;RE(S): 4,� s f� ACTION OF BOARI 0 APPROVED AS RECOMMENDED � OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THA r THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: LC:ms:sr y G:`•.GrpData\SpDisV,Board Orders\2006-Board Orders\03-21-06 BO Prop 40.doc ATTESTED 11a,-'m Oyj z Ov ri Contact:Lisa Camahan,Spcc.Dist.(3-2191) 1 JOHN CULLL'•N,CLERK OF THE BOARD OF SUPERVISORS cc: CAO J.Rasmussen,EBRPD J.Kopchik,CCD Public Works-Accounting BY: DEPU rY E.Whan,ES SUBJECT: ADOPT Resolution No. 2006/ authorizing the Public Works Director, or designee, to execute a contract with the State of California Department of Parks and Recreation for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002(Prop 40 Per Capita Grant Program), countywide area. (All Districts) Project No. Various DATE: March 21, 2006 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Per the statutory provisions of the 2000 Bond Act, Public Resource Code,Section 5096.333,the East Bay Regional Park District (EBRPD) reached agreement with the Contra Costa County Public Works Department (CCCPWD) regarding the distribution of Per Capita funds from the 2000 Bond Act (Prop 12 Per Capita). This agreement was formalized in a letter to the California Department of Parks and Recreation (State Parks) dated March 23, 2001 (attached). Under the terms of the agreement,the EBRPD agreed to pass-through$141,796 from EBRPD's Prop 12 Per Capita Contract (C2003571) to the CCCPWD. On November 15, 2002, the CCCPWD and the EBRPD entered into a cooperative funding agreement whereby the EBRPD would apply for and pass-through to the CCCPWD,Per Capita funds of$141,796 to fund local park and recreation projects within unincorporated Contra Costa County(attached). It was discovered that because the EBRPD had encumbered the funds with State Parks, the EBRPD could not use the Prop 12 Per Capita funding for projects on County property without the EBRPD obtaining land tenure and retaining other contractual obligations for the projects. These conditions would have required the EBRPD to accept, and Contra Costa County to provide,a level of ownership and responsibility for the projects that was unworkable for both agencies. After discussion among all involved agencies and at the request of State Parks, it has been determined that the most expeditious solution is for the EBRPD to retain the encumbrance in Prop 12 Per Capita funding originally designated for Contra Costa County and voluntarily disencumber an equal amount of its Prop 40 Per Capita funds. This will allow the CCCPWD to execute a contract directly with the State for the funds. The EBRPD will ask State Parks to reduce the EBRPD's existing Prop 40 Per Capita Contract (CO207578) and appropriate the funds instead to the CCCPWD. The attached Resolution will allow the CCCPWD to apply directly to the State of California for $141,796 of Per Capita funds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Prop 40). CONSEQUENCES OF NEGATIVE ACTION: If this Agreement and Resolution are not approved and authorized,the Public Works Department will not be eligible for$141;796 in grant funding from the State of California. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 21, 2006 by the following vote: AYES: SUPERVISORS UI.L.KEMA, DeSAULNIIR, GLOVER, GIOI.A .NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN: NONE RESOLUTION NO. 2006/ SUBJECT: ADOPT Resolution No. 2006/ f T— authorizing the Public Works Director, or designee, to execute a contract with the State of California Department of Parks and Recreation for local assistance funds from the Per Capita Grant Program under the California Clean Water,Clean Air,Safe Neighborhood Parks,and Coastal Protection Act of 2002 (Prop 40 Per Capita Grant Program), countywide area. (All Districts) Project No. Various WHEREAS,the people of the State of California have enacted the Per Capita Grant Program that provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS,the California Department of Parks and Recreation is responsible for the administration of the Grant Program and setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and 'Recreation require the Board of Supervisors of Contra Costa County to certify by resolution the authorization for the Contra Costa County Public Works Director, or Designee,to enter into a Contract for the Per Capita Allocation, and WHEREAS, the East Bay Regional Park District will enter into an Amended Contract with the State of California to disencumber$141,796 of the East Bay Regional Park District's 2002 Bond Act(Prop 40 Per Capita) funding; and WHEREAS,the Contra Costa County Public Works Department will execute a Contract with the State of California for the Per Capita allocation of S 141,796; NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby: 1. Authorizes the Public Works Director,or designee,to execute a contract for local assistance fiends from the Per Capita Grant Program under the California Clean Water,Clean Air,Safe Neighborhood Parks,and Coastal Protection Act of 2002; and 2. Certifies that the Contra Costa County Public Works Department has or will have sufficient fiends to operate and maintain the Project(s); and 3. Certifies that the Contra Costa County Public Works Department has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide for the 2002 Resources Bond Act Per Capita Program; and 4. Appoints the Public Works Director, or designee, as agent to conduct all negotiations, execute and submit all documents including,but not limited to contracts,applications,agreements,payment requests and so on,which maybe necessary for the completion of Project(s). Approved and Adopted on the 2151 day of March, 2006. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the LC:n,sar Board of Supervisors on the date shown. G:\GrpData\SpDist\Board Orders\2006-Board Orders\03 21-06 BO Prop 40.doc I Contact:Lisa Carnahan,Spec.Dist.(3-2191) �&.vM Z/� a�(9G cc: CAO ATTESTED: i J.Rasmussen,LBRPD JOHN CULLEN, Berk of the Board of Supervisors J.Kopchik,CCD and County Administrator Public works-Accounting E.Whan,ES By. , Deputy RESOLUTION NO.2006/ IdID ALAMEDA COUNTY CONTRA COSTA COUNTY EAST BAY.REGIONAL PARK DISTRICT March 23,2001 Ms. Betty Ettinger Manager,Program Development Office of Grants and Local Services California Department of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296-0001 Re: 2000 Bond Act Per Capita Allocation for Alameda and Contra Costa Counties Dear Ms. Ettinger: The Safe Neighborhood Parks, Clean Water,Clean Air and Coastal Protection Bond Act of 2000 and the 2000 State Budget(Budget Section 3790-101-0005) is providing Per Capita funding for counties and regional park districts under Article 4. Grant Programs, Section 5096.333 of the Public Resources Code of the State of California. Correspondence from your department has requested a joint determination of population estimates for the areas in our jurisdictions. The Regional Park District serves the entire two-county area of Alameda and Contra Costa,with a total year 2000 estimated population (incorporated and unincorporated)of 2,384,300. Each County serves a population of unincorporated residents, and is thereby eligible to receive a proportional share of Per Capita funds from the Bond Act. The District and each County have developed the following approaches to determine the distribution of Per Capital funds via either population estimates for these unincorporated jurisdictions or by agreement on a project of mutual interest. Contra Costa County and East Bay Regional Park District In unincorporated Contra Costa County,the County and Park District share concurrent jurisdiction for park services in several areas. To best benefit the local community,both agencies agree to a direct distribution of Per Capita funds based on County Service Area i I 5' populations and to a"pass-through"of funds supporting specific Landscapes and Lighting Districts or community projects based on the population of these areas. In accordance with this agreement,the County will apply directly for 2000 Bond Act Per Capita funds associated with a County Service Area population of 63,267. The Park District will apply for and then"pass- through"to the County funding associated with an additional population of 38,427 to fund local projects. The Park District will apply directly for funding associated with the remaining unincorporated population of 40,819. The Park District and Contra Costa County will establish a joint funding agreement to coordinate the application and administration of the"pass-through" amount. Alameda County and East Bay Regional Park District Alameda County and the East Bay Regional Park District agree to implement a$275,000 project to improve the Brown House at Ardenwood Regional Park. The East Bay Regional Park District will be the applicant and implement the project; therefore, no population adjustment will be necessary. ti Thank you for the opportunity to provide this information. If you need additional information, please contact Dave Collins,East Bay Regional Park District at(510)544-2101; Julie Bueren, Contra Costa County at(925)313-2342 or James Sorensen,Alameda County at(510) 670-5400. Alameda Cou Date Adolph Martinelli Director, Community Development Agency Contra Costa County Date Maurice Shiu Public Works Director 2 7� / East Bay Regional Park District Date Pat O'Brien General Manager 'Alameda County Board of Supervisors action i And resolution pending April 17,2001,hearing. COOPERATIVE FUNDING AGREEMENT BETWEEN EAST BAY REGIONAL PARK DISTRICT AND CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT: 2000 BOND ACT PER CAPITA ALLOCATION This Agreement made and entered theVo aay ,2002, by and between the East Bay Regional Park District,hereinafter referred to as "EBRPD"and the Contra Costa County., hereinafter referred to as "COUNTY". WITNESSETH WHEREAS,the Safe Neighborhood Parks,Clean Water, Clean Air and Coastal Protection Bond Act of 2000,(Prop. 12), and the 2000 State Budget(Budget Section 3790-101-0005) is providing Per Capita funding,hereinafter referred as"Per Capita funds" for counties and regional park districts under Article 4, Grant Programs, Section 5096.333 of the Public Resources Code of the State of California; and I WHEREAS,EBRPD serves the entire two-county area of Alameda and Contra Costa, with a total year 2000 estimated population(incorporated and unincorporated)of 2,384,3000;and WHEREAS, COUNTY serves a population of unincorporated residents,and is thereby eligible to receive a proportional share of the Per Capita funds; and WHEREAS, EBRPD and COUNTY have developed a method of direct distribution of Per Capita funds based on the County Service Area population and to "pass-through" funds supporting specific Landscape and Lighting Districts or community projects;and WHEREAS, COUNTY will apply directly for Per Capita funds associated with a County Service Area population of 63,267,or$233,455; and WHEREAS,EBRPD will apply for and then"pass-through"to the COUNTY Per Capita funds associated with an additional population of 38,427,or$141,796,to fund local projects; and WHEREAS, EBRPD will apply directly for Per Capita funds associated with the remaining unincorporated population of 40,819,or$150,622; and WHEREAS, EBRPD and COUNTY do mutually desire to cooperate in the application and dispersal of the"pass-through"Per Capita funds as allocated under the Safe Neighborhood Parks, Clean Water,Clean Air and Coastal Protection Bond Act of 2000,(Prop. 12) for use in park and recreational facilities in the unincorporated area of Contra Costa County. NOW,THEREFORE, it is mutually agreed as follows: SECTION I EBRPD AGREES: 1) To provide EBRPD staff time to administer the application and reimbursement of "pass-through"project(s) 2) To pay COUNTY invoice in the amount of$141,796, upon reimbursement from eligible expenditures as processed through Per Capita procedural guidelines. SECTION I1 COUNTY AGREES: 1) To provide supporting documentation for application and reimbursement of $141,796, as required in the Per Capita procedural guidelines. (2) To invoice EBRPD in the amount of$141,796, upon completion of the project(s). SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) This Agreement may be amended or canceled by mutual consent in writing of the two parties. (2) Notices regarding this agreement shall be sent by first class mail,postage prepaid, to EBRPD at P.O.Box 5381, Oakland, CA 94605-0381 and to COUNTY at 225 Glacier Drive, Martinez, CA 94553. (3) This agreement shall run from its effective date through December 30, 2007, unless otherwise terminated or amended. (4) This Agreement contains the entire agreement between the parties with regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (5) This Agreement shall be interpreted and enforced under the laws of the State of California. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective officers,duly authorized,the provisions of which Agreement are effective as of the day,month,and year first herein above written. CONTRA COSTA COUNT EAS&BEGIONAL PSR DISTRICT B ByPat Public Works birector General Manager Approved as to form: _ G Ted Radosevich District Counsel