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Resolution No. 97731 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REQUESTING CALTRANS TO EXTEND THE USE OF FEDERAL EARMARK FUNDS REGARDING ATLANTIC BOULEVARD BRIDGE OVER THE LOS ANGELES RIVER AND AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES & WATER TO DO ALL OTHER ACTIONS DEEMED NECESSARY OR ADVISABLE CONCERNING THE EXTENSION WHEREAS, on July 21, 2008, the City Council of the City of Vernon adopted Resolution No. 9670 approving an agreement with the State of California, acting by and through the Department of Transportation ("Caltrans") allowing additional funding for future phases of bridge rehabilitation and widening at Atlantic Boulevard over the Los Angeles River (the "Project"); and WHEREAS, the City of Vernon received Congressional earmark funds in the sum of $282,270.00 in 2002-2003, expended $184,433.00 of these funds in 2004-2005 to secure environmental clearance and a preliminary design leaving a balance of $97,837.00, and made a 200 match of the funds; and WHEREAS, Caltrans provided approval earlier this year for approval to proceed to the full design and the balance of Congressional earmark funds will be expended on the design of the Project in early 2009; and WHEREAS, the balance of the. Congressional earmark funds will lapse in June 2009; and WHEREAS, the Director of Community Services & Water recommends requesting Caltrans to extend the use of the Congressional earmark funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 CITY OF VERNON AS FOLLOWS: 2 SECTION 1: The City Council of the City of Vernon hereby 3 finds and determines that the recitals contained hereinabove are true 4 and correct. 5 SECTION 2: The City Council of the City of Vernon hereby 6 approves requesting Caltrans to extend the use of the Congressional 7 earmark funds and authorizing the Director of Community Services & 8 Water to execute any and all documents necessary to implement the 9 extension. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Director of Community Services & Water to take any 12 action deemed necessary to carry out or to perform such other acts and 13 deeds as may be necessary or convenient to effect the purposes of this 14 Resolution and the transactions herein authorized. 15 SECTION 6: The City Clerk of the City of Vernon shall 16 certify to the passage of this resolution, and thereupon and 17 thereafter the same shall be in full force and effect. 18 APPROVED AND ADOPTED this 24th day of November, 2008. 19 20 Name: Leonis C. Malburg 21 Title: Mayor /-MayecTre-T'eFa--. 22 23 ATTEST: 24 —y 25 MAN ELA GIRON, Ci y Clerk 26 27 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9773, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, November 24, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) - 3 - A,,,,- MANUELA-19IRON, City Clerk CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 8, 2008 TO: evin Wilson, Director of Community Services & Water FROM Q Nelly Giron, City Clerk RE: Resolution No. 9773 - An Ordinance of the City Council of the City of Vernon Requesting Caltrans to Extend the Use of Federal Earmark Funds Regarding Atlantic Boulevard Bridge Over the Los Angeles River and Authorizing the Director of Community Services & Water to Do All Other Actions Deemed Necessary or Advisable Concerning the Extension Transmitted herewith is a copy of Resolution No. 9773 referenced above, which was approved by City Council on November 24, 2008. Thank you. NG:dr c: Resolution No. 9773 S4 Of VP `SrVFLY 1N9J APPROVED NOV 2 4 '08 CITY COUNCIL COMMUNITY SERVICES & WATER DEPARVMRWT========J OFFICE MEMORANDUM TO: Eric Fresch, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: November 10, 2008 SUBJECT: Atlantic Blvd. Bridge over the Los Angeles River — Extension of Federal Earmark Funds (Z S 11 The City of Vernon received Congressional Earmark funds from Congresswoman Lucille Roybal-Allard in 2002-03 and expended a portion of these funds in 2004-05. The allocation was $282,270.00 and Community Services expended $184,433.00 to secure environmental clearance and a preliminary design from a consultant services contract with W. Koo and Associates leaving a balance of $97,837.00. The City provided a 20% match of the funds. Since that time, the City has sought approval from Caltrans to proceed to the full design. After much delay, Caltrans provided this approval earlier this year and Community Services is now seeking a consultant for a full design including plans and specifications. The balance of Congressional Earmark funds will be expended on the design of this project in early 2009. However, Caltrans has notified the City that the funds will lapse in June 2009. In order to ensure that the funds will be available, the City should extend the lapse date in order use them beyond expiration date. I recommend that the City Council authorize the request to Caltrans to extend the use of the Congressional Earmark funds and authorize the Community Services Director to sign the form for extension. SKW/sn Enclosure C: Jeff Harrison, City Attorney -1 DEPARTMENT OF TRANSPORTATION District 7, Office of Local Assistance and Alameda Corridors 100 S. MAIN STREET, 121h Floor LOS ANGELES, CA 90012 PHONE (213) 897-0784 FAX (213) 897-2999 October 16, 2008 RECEiva) OCT 2 0 2008 - Community Selkes To: Public Works Directors of Cities and Counties Transit and Transportation Districts and Authorities Dear Director: Subject: Urgent Notice of Lapsing Funds on Local Assistance Projects Flex your power! Be energy efficient. This is to inform you that your agency may lose unspent federal and/or state budget authority on June 30, 2009 for projects included on the attached list. Please respond by November 17, 2008, indicating what course of action will be taken for each project on the attached list. Responses must be submitted in electronic and hard copy format to the District office, attention DLAE. No late submittals will be accepted. An electronic copy of the list of projects is available at: http://www.dot.ca.gov/hq./LocalPrograms/CWA/cwa.htm. We request that one of the three following actions be taken for each project on the list as applicable: (1) Completed projects be closed. If the project has been completed, your agency must submit the final invoice for eligible expenditures and the final report of expenditures for the funds in question by April 2, 2009, to ensure the required project inspection is completed and the final invoice is paid prior to the year-end cutoff date to prevent the loss of funds. (2) Progress invoice be submitted for unliquidated or unexpended funds. If the funds are for an on -going project or project phase (not yet completed) and eligible expenditures have been incurred for the funds in question, you must submit a progress invoice to the Department's Division of Accounting by May 1, 2009, to ensure the invoice is paid prior to the year-end cut off date. (3) Requesting a CWA extension. If your project(s) or project phase is not complete, is expected to go beyond May 1, 2009, "Caltrans improves mobility across California" Government Code (GC) Section 16304.3 outlines the requirements for requesting an extension for unspent encumbered budget authority through the Department of Finance (DOF)., The extension of budget authority requires DOF approval on a project -by -project basis. Attachment 1(entitled Projects with Lapsing Budget Authority) lists projects with unspent federal and/or state budget authority lapsing on June 30, 2009. If the DOF approves an extension request for these project funds, it may grant a maximum of eight years from the year of the original appropriation in the form of a Cooperative Work Agreement (CWA). orct�;o�nci''s�ry'�dat?ngthe orw311a uet! It is very important to provide a detailed, project specific justification on why funding for your project(s) needs to be extended. DOF will review the justification and determine whether an extension should be approved. There is no appeal process for the projects for which an extension is denied. Please note that it is your agency's responsibility to complete projects as programmed in order to retain federal or state funds previously reimbursed, otherwise funding for future projects may be jeopardized. If funding is not extended for your project(s), your local agency is responsible for completing the projects using your own funds. If you have any questions regarding this notice, please contact Rajesh Jha at (213) 897-2944. Sinc�rel , r , Kirk Cessna, Chief Office of Local Assistance and Alameda Corridors Attachment cc: Regional Transportation Planning Agencies Bcc: Area Engineers Ron Sheppard "Caltrans improves mobility across California" Natsuhara, Sherwood From: Jim Kaufman Dim_kaufman@dot.ca.gov] - Sent: Wednesday, November 05, 2008 2:29 PM To: Natsuhara, Sherwood Cc: Wilson, Kevin; Rajesh Jha Subject: Re: Atlantic Blvd. Bridge Funds from Congressional Earmarks Hi Woody, I'm not sure if Rajesh took care of this but I concur that there is no problem submitting a CWA extension request without council approval. When approval is obtained then forward the form to us with their approval. Also, as far as the electronic copy is concerned, you can get that directly from the Local Assistance Home Page. There is a link in the announcements section for CWA (it's an old link farther down the page). The Vernon tab is there and you can save it as separate file and send it back to us with the info filled in as necessary. Thanks for reading the instructions carefully. http://www.dot.ca.gov/hq/LocalPrograms/CWA/cwa.htm http://www.dot.ca.gov/hq/LocalPrograms/CWA/LapsingFunds2009/Federal/Cycle VI Dist 7 _Federally_funded_Projects.xls "Natsuhara, Sherwood" <SNatsuhara@ci.ve To rnon.ca.us> "Rajesh Jha" <rajesh_jha@dot.ca.gov>, 11/04/2008 02:33 <jim_kaufman@dot.ca.gov> PM cc "Wilson, Kevin" <KWilson@ci.vernon.ca.us> Subject Atlantic Blvd. Bridge Funds from Congressional Earmarks We have been asked to by your letter to take action on the Congressional Earmark funds that we have partially spent. We want to extend these funds but the City Council has postponed the November meeting until Nov. 24. We can submit all other documents but the City Council resolution will not be available until a few days after Nov. 24. Can we request the extension? If these funds expire will they have a negative consequence on the future HBP funds that are planned for use in the design and construction? 1