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02-03-2009 - Prop A Fund Exchange - West Hollywoodi City of West Covina Memorandum TO: Andrew G. Pasmant, City Manager and City Council FROM: Tom Bachman, Assistant City Manager AGENDA Item: D-5c Date: February 3, 2009 SUBJECT: PROP A FUND EXCHANGE — WEST HOLLYWOOD RECOMMENDATION: It is recommended that the City Council approve the attached agreement authorizing the sale of Prop A Funds to the City of West Hollywood. DISCUSSION: The City adopted a General Fund budget for the 2008-09 fiscal year that contained a $2.1 million deficit. Due to the continued rapid deterioration of the economy and the severe drop off in revenues, most notably sales tax, the budget deficit is projected to grow to $3.9 million. Staff presented a number of revenue items to the City Council for consideration in December as a way to reduce the deficit and minimize the need for more drastic cuts during the current fiscal year. One of those items was selling a portion of the City's Proposition A Transportation Funds at a discount to other cities in return for unrestricted General Fund dollars. The City receives approximately $1.8 million in Prop A Local Return Transit Funds that can only be used for public transportation purposes. The City spends these funds on fixed route and dial -a -ride transportation services and transit related capital projects. The Prop A Fund has in recent years experienced surplus fund balances and began the fiscal year with $463,000 in unencumbered funds. In addition to that beginning balance, staff has freed up an additional $670,000 by downsizing, deferring, and reallocating funding for capital projects and reallocating funding sources for ongoing transit services. There will be no reduction of ongoing transit services as a result of these changes. City staff has negotiated the sale of $1 million of West Covina Prop A Funds to the City of West Hollywood in exchange for $750,000 of their unrestricted general fund dollars. This $750,000 of unrestricted funds can be deposited into the City's General Fund. This will reduce the deficit in the current fiscal year and mitigate the need for more drastic immediate budget cuts. FISCAL IMPACT: The Exchange of Prop A Funds will result in an increase of $750,000 of General Fund revenues in the 2008-09 fiscal year. The exchange will result in the downsizing and deferring of certain capital projects but will not cause any reduction of ongoing transit services. Prepared by: om achm Assistant City Manager 0 . 6 ASSIGNMENT AGREEMENT PROP A LOCAL RETURN FUND EXCHANGE This Assignment Agreement is made and entered into this 3rd day of February, 2009, by the City of West Covina, California and the 2nd day of February, 2009 by the City of West Hollywood, California with respect to the following facts: A. The City of West Hollywood provides a community shuttle and taxi jitney service to serve people with disabilities and the general public. Given the grave traffic congestion and parking problems of the City, West Hollywood is committed to reducing auto dependency by providing alternative modes of transportation. Adequate Proposition A Local Return funding for transit services are not available given the limited amount of West Hollywood's Local Return allocation and the needs of other priority transit projects in the City. B. City of West Covina has uncommitted Proposition A Local Return funds which could be made available to West Hollywood to, assist in providing the services discussed in Paragraph A of this Agreement. In exchange for the assignment by West Hollywood of the amount of its general funds indicated in Section 1 below, the City of West Covina is willing to assign uncommitted Proposition A Local Return funds to West Hollywood for the purpose identified in Paragraph A. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. City of West Covina agrees to assign $1,000,000 of its Fiscal Year 2008/2009 Proposition A Local Return funds to West Hollywood. In return, West Hollywood agrees to assign $750,000 of its general funds to the City of West Covina. The exchange rate is $.75/1.00 2. Consideration. City of West Covina shall assign the agreed upon Proposition A Local Return funds to West Hollywood in one lump sum payment. West Hollywood shall assign the agreed upon general funds to the City of West Covina in one lump payment. The lump sum payments shall be due and payable within thirty (30) days of execution of this Agreement. 3. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement. 4. Termination. Termination of this Agreement may be made by either parry so long as written notice of intent to terminate is given to the other parry at least five (5) days prior to the termination. 5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: A. Andrew Pasmant City Manager City of West Covina P.O. Box 1440 West Covina, CA 91793 B. Paul Arevalo City Manager 8300 Santa Monica Blvd. West Hollywood, CA 90069 6. Assurances A. West Hollywood shall use the assigned Proposition A Local Return funds only for the purpose of providing the services discussed in Paragraph A of this Agreement and within the time limits specified in LAC Metro's Proposition A Local Return Program Guidelines. a B. Concurrently with the execution of this Agreement, West Hollywood shall provide LAC Metro with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF WEST HOLLYWOOD on February 2, 2009 and by the CITY OF WEST COVINA on February 3, 2009. CITY OF WEST COVINA BY Andrew Pasmant, City Manager Approved as to Form: BY Arnold Alvarez-Glasman, City Attorney ATTEST: BY Sue Rush, City Clerk CITY OF WEST HOLLYWOOD Ami kianany, liirecior or r mane BY Paul Arevalo, City Manager ATTEST: BY Thomas R. West, City Clerk