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HomeMy WebLinkAboutD-7 Staff Report - Golden Streets Festival MOUCONSENT ITEM D-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: APRIL 4, 2016 SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF ARCADIA, AZUSA, DUARTE, IRWINDALE, MONROVIA, SAN MARINO, AND SOUTH PASADENA AND THE COUNTY OF LOS ANGELES FOR THE GOLDEN STREETS FESTIVAL SUMMARY: The City of South Pasadena, in collaboration with Bike San Gabriel Valley (BikeSGV), desires to establish a partnership with numerous cities between South Pasadena and Azusa to host an open streets event where streets along a 19.12 mile route will be closed to traffic and opened to the community to walk, run, bike, and skate. This action approves a Memorandum of Understanding between the cities of Arcadia, Azusa, Duarte, Irwindale, Monrovia, San Marino, and South Pasadena and the County of Los Angeles to share resources to plan and host the Golden Streets Festival on June 26, 2016. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Authorize the City Manager to execute a Memorandum of Understanding between the cities of Arcadia, Azusa, Duarte, Irwindale, Monrovia, San Marino, and South Pasadena and the County of Los Angeles, in a form acceptable to the City Attorney, on behalf of the City. DISCUSSION: In 2014, the City of South Pasadena and Bike San Gabriel Valley (BikeSGV) were awarded a $393,600 grant in Congestion Mitigation Air Quality Funds from the Los Angeles County Metropolitan Transportation Authority for an open streets event. Subsequently, the City of South Pasadena was awarded a $320,000 grant from the Mobile Source Air Pollution Reduction Review Committee for the open streets event. The proposed event, named Golden Streets Festival, will temporarily close streets for automobile traffic between the cities of South Pasadena and Azusa and open the streets for community members of all ages to walk, run, bike, skate, and explore. The event will provide an opportunity to link APPROVED COUNCIL MEETING 04/04/2016 Golden Streets Festival MOU April 4, 2016 Page 2 the community with all Gold Line stations along the foothills, including the new Gold Line stations in the cities of Arcadia, Monrovia, Duarte, Irwindale, and Azusa. The proposed Memorandum of Understanding between the cities of Arcadia, Azusa, Duarte, Irwindale, Monrovia, San Marino, and South Pasadena and the County of Los Angeles establishes a partnership and formalizes the creation of a working group to collaborate and share resources related to the planning and hosting of the 19.12 mile contiguous Golden Streets Festival on Sunday, June 26, 2016. Each city along the event route will be responsible for street closures, vehicular detour plans, outreach, event staging, and public safety within its jurisdictional boundaries. The following provides additional information about the proposed Golden Streets Festival: • Proposed Date: Sunday, June 26, 2016, 8:00 A.M. to 2:00 P.M. • Proposed Route: City of South Pasadena to City of Azusa (see attached route map) • Event Goals: o Raise awareness about the Gold Line Foothill Extension and future plans o Encourage local residents to walk, bike, skate, and scoot to the new Gold Line stations o Allow local residents of all ages and abilities to experience streets from a unique perspective • The event is free for all participants. • Participants may start and finish at any point along the route. • All forms of non-motorized transportation are permitted, including walking, running, biking, skating, and strolling. • Activity hubs will be provided along the route where participants may relax, patronize local businesses, and experience the San Gabriel Valley’s diverse offerings before ending their Golden Streets Festival adventure. FISCAL IMPACT: The City will receive $26,174.40 from the awarded grants that will be utilized to support the event. Funding allocation was based on route length in each jurisdiction along with the number of traffic closures. As part of the grant conditions, the City will be required to provide an in-kind match of $6,888.00, which will not involve an actual expenditure of funds, but rather involves the authorization of Staff time for planning and working the event. Prepared by: Reviewed and Approved: Daniel Bobadilla, P.E. Louie F. Lacasella Director of Public Works/City Engineer Management Analyst Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: 1) Memorandum of Understanding 2) Proposed Route Map ATTACHMENT 1 Golden Streets Working Group MOU A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF ARCADIA, AZUSA, DUARTE, IRWINDALE, MONROVIA, SAN MARINO, AND SOUTH PASADENA AND COUNTY OF LOS ANGELES TO SHARE RESOURCES TO PLAN AND HOST THE GOLDEN STREETS FESTIVAL THROUGH THE CREATION OF A "GOLDEN STREETS WORKING GROUP" WHEREAS, on June 26, 2014, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board approved the 2014 Open Streets Grant Program providing Congestion Mitigation Air Quality (“CMAQ”) Funds for one-day events that close the street to automotive traffic and open them to people to walk or bike (“Open Street Event”). Further, the LACMTA Board approved that LACMTA serve as the pass through agency of the CMAQ Funds with local cities; and WHEREAS, the City of South Pasadena (Grantee) and Bike San Gabriel Valley (BikeSGV) were successful in securing $393,600 in CMAQ funds from the LACMTA county-wide “Open Streets Event” program to host the Golden Streets Festival for outreach, pre-event planning, and day of event staging costs; and WHEREAS, the Golden Streets Festival, which qualifies as an “Open Street Event,” for the use of the LACMTA pass though of CMAQ funds, will promote active transportation and complete street concepts in conjunction with the grand opening of the Gold Line Foothill Extension in Spring 2016; and WHEREAS, LACMTA will advance local funds up to $393,600, to the Grantee for the Golden Streets Festival and then submit requests, based on Grantee’s invoices to Caltrans for reimbursement with CMAQ Funds; and WHEREAS, the Grantee understands that the CMAQ Funds provided herein are subject to the federal grant agreement between the California Department of Transportation and LACTMA (Federal Grant); and WHEREAS, Grantee shall be subject to, and shall comply with, all requirements of the Federal Grant and other applicable requirements of the United States Department of Transportation (USDOT), the United States Department of Labor (USDOL), and Caltrans. In addition, the Grantee shall comply with all requirements of LACMTA so that LACMTA can fulfill its responsibilities as the Grantee under the Federal Grant and as the pass-through agency; and, WHEREAS, the LACMTA “Open Streets Event” program requires a 20% in-kind or local fund match of the total cost of the event; and Golden Streets Working Group MOU 2 WHEREAS, the Grantee shall utilize the local grant funds for non-infrastructure costs of implementing the Golden Streets Festival. Per the funding guidelines, physical infrastructure costs associated with the event are not eligible for reimbursement; and WHEREAS, not more frequently than once a month, the Grantee will prepare and submit to LACMTA a Request for Reimbursement for allowable costs incurred; and WHEREAS, each Request for Reimbursement must be submitted on Grantee’s letterhead and shall include an invoice number and report the total expenditures, specify the percent and amount of CMAQ Funds to be reimbursed, the total amount of Local Match expended and include a detailed invoice describing all invoiced work completed along with appropriate detailed documentation supporting costs incurred. To ensure timely processing of invoices, each Request for Reimbursement shall not include any invoices which are older than three (3) months from the date of the Request for Reimbursement; and WHEREAS, the State Legislature signed Assembly Bill 2766 in September 1990 providing the South Coast Air Quality Management District (SCAQMD) within the Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects; and WHEREAS, the City of South Pasadena and BikeSGV were successful in securing $320,000 from the MSRC 2015 Local Government Match Program for direct costs associated with the Golden Streets Festival such as: marketing materials, traffic enforcement, rentals, planning staff, insurance, and permits; and, WHEREAS, MSRC will match Subvention Funds (AB 2766 Motor Vehicle Subvention Program) and additional funding sources dollar for dollar in an amount not to exceed $320,000; and WHEREAS, MSRC match funds will be distributed on a reimbursement basis upon completion of the approved project and submittal of all required reports and invoices to the Grantee; and WHEREAS, the cities of Arcadia, Azusa, Duarte, Irwindale, Monrovia, San Marino, and South Pasadena, and the County of Los Angeles (collectively referred to as the "Cities" or individually referred to respectively as "Partner City") by entering into this agreement have partnered together to host a 19.12 mile contiguous open streets event on Sunday, June 26, 2016 from South Pasadena to Azusa (referred to herein as the “Golden Streets Festival”); and WHEREAS, the Cities will be responsible for street closures, vehicular detour plans, outreach, event staging, and public safety within their own jurisdiction; and WHEREAS, the Cities desire to work jointly and collaboratively to share monetary, staffing, and other resources in planning and hosting the Golden Streets Festival, and desire to Golden Streets Working Group MOU 3 formalize their relationship through the creation of a "Golden Streets Working Group" or “Working Group” to coordinate their activities; and WHEREAS, nothing in this MOU creates a Joint Powers Agreement or Joint Powers Agency within the meaning of California Government Code §§6500. NOW, THEREFORE, the Cities hereto agree as follows: 1. CREATION OF THE "GOLDEN STREETS WORKING GROUP" - There is hereby created a "Golden Streets Working Group" established for the purpose of combining resources (financial, staffing and other in-kind) in order to plan and host the Golden Streets Festival. The Working Group shall be composed of the City Manager, or designee, from the Grantee and each Partner City. 2. MANAGEMENT OF OPERATIONS - The Golden Streets Working Group (“Working Group”) shall be authorized to consider and direct, by majority vote of the entire Working Group, the use of resources that are available to the Working Group consistent with the functions and purposes of the planning and hosting of the Golden Streets Festival. 3. a. VOTING - Each member of the Working Group shall have one (1) vote on matters within the Working Group’s subject matter jurisdiction. b. FIDUCIARY AGENT - The City of South Pasadena shall act as the "Fiduciary Agent" of the Working Group. The Fiduciary Agent will coordinate the reporting and reimbursements requirements associated with the grants on behalf of the Working Group. Subject to direction of the Working Group, the Fiduciary Agent shall pay expenses of the Working Group and shall report regularly to the Working Group the funding and reimbursement status of the Golden Streets Festival grants. The Fiduciary Agent shall retain 5% of each of the Golden Streets Festival grant funds for these administrative services. 4. CONTRIBUTIONS - Each Partner City shall contribute to the 20% in-kind match for the funds received through the CMAQ grant funds. Contributions shall be determined based on the length of the route and the number of street closures in each Partner City as shown in Exhibit A. 5. AVAILABLE FUNDING - The available funding, from the CMAQ grant funds, to each city will be determined based on the length of the route and the number of street closures in each Partner City as shown in Exhibit A, after the shared expenditures and the 5% administrative fee has been provided to the Fiduciary Agent for their costs associated with the administration of the CMAQ grant funds. Golden Streets Working Group MOU 4 6. CONSULTANT WORK - The Working Group may enlist the work of independent contractors, consultants, vendors, and other professionals to assist in the planning and operations of the Golden Streets Festival. Such consultant(s) shall not be employees of the Working Group nor of any Partner City but shall be engaged by the Fiduciary Agent on behalf of the Working Group. The consultant(s) shall provide indemnification, hold harmless and additional insured coverage in the manner and amounts as set forth by the Working Group naming each respective Partner City as an additional insured. 7. ALLOCATION OF FUNDS – The Working Group will authorize the Fiduciary Agent to enter into contracts for the planning, implementation, and hosting of the Golden Streets Festival. Any remaining CMAQ funds that have not been expended on behalf of the Working Group for shared resources or purchases may be reallocated to individual Partner Cities in a proportionate share based on length of the route and the number of street closures within their respected jurisdictions as set forth in Exhibit A, for reimbursement of any additional costs associated with the Golden Streets Festival. Any reallocation of CMAQ funds would result in the reallocation of the 20% local match requirements. Any remaining unspent CMAQ funds will be retained by LACTMA. Any remaining unspent MSRC funds will be retained by SCAQMD. 8. INDEMNIFICATION - In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each Partner City, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, the each Partner City shall indemnify, defend, and hold each other Partner City harmless for any liability, cost, or expense that may be imposed upon the other Partner Cities solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. DISSOLUTION -. Upon completion of the purposes of this MOU, or as determined by the Partner Cities, at any time, this MOU shall be terminated and the Working Group dissolved. Notwithstanding the termination of this MOU and the dissolution of the Working Group, all of the rights and obligations of the respective parties under Section 7 hereof (Indemnification), shall survive expiration or termination (for any reason) and remain in full force and effect. 9. 10. NOTICE TO PARTIES (AUTHORIZED REPRESENTATIVES) - Notices given pursuant to the requirements of this MOU shall be by personal service upon the Partner City to be notified by writing upon such notice being deposited into the custody of the United States Postal Service addressed as follows: Golden Streets Working Group MOU 5 City of Arcadia City Manager 240 West Huntington Drive Arcadia, CA 91066 City of Azusa City Manager 213 East Foothill Boulevard Azusa, CA 91702 City of Duarte City Manager 1600 Huntington Drive Duarte, CA 91010 City of Irwindale City Manager 5050 North Irwindale Avenue Irwindale, CA 91706 City of Monrovia City Manager 415 South Ivy Avenue Monrovia, CA 91016 City of San Marino City Manager 2200 Huntington Drive San Marino, CA 91108 City of South Pasadena City Manager 1414 Mission Street South Pasadena, CA 91030 County of Los Angeles Public Works Deputy Director 900 S. Fremont Ave. Alhambra, CA 91803 11. AMENDMENTS - This MOU may only be amended in writing upon unanimous action by each respective Partner City's city manager. Golden Streets Working Group MOU 6 IN WITNESS WHEREOF, the Parties hereto have caused MOU to be executed by their duly authorized representatives: CITY OF ARCADIA: ______________________________ ____________ Dominic Lazzaretto, City Manager Date CITY OF AZUSA: ______________________________ ____________ Troy Butzlaff, City Manager Date CITY OF DUARTE: ______________________________ ____________ Darrell George, City Manager Date CITY OF IRWINDALE: ______________________________ ____________ John Davidson, City Manager Date CITY OF MONROVIA: ______________________________ ____________ Oliver Chi, City Manager Date CITY OF SAN MARINO: ______________________________ ____________ John Schaefer, City Manager Date CITY OF SOUTH PASADENA: ______________________________ ____________ Sergio Gonzalez, City Manager Date COUNTY OF LOS ANGELES: ______________________________ ____________ Pat Proano, Deputy Director Date Golden Streets Working Group MOU 7 EXHIBIT A GOLDEN STREETS FESTIVAL FUNDING ALLOCATION PLAN FISCAL YEAR 2015-16 Metro Grant Award: $393,600 Less Administrative Fee (5%): $373,920 Partner City Route Length # of Hard Closures # of Soft Closures Funding Allocation* In-Kind Match Requirement Traffic Control Allocation Available Grant Funds** Total Grant Funding** Arcadia 4.3 23 3 17% $16,728.00 $28,500.00 $35,066.40 $63,566.40 Azusa 1.4 7 3 7% $6,888.00 $12,000.00 $14,174.40 $26,174.40 Duarte 3 21 4 16% $15,744.00 $27,000.00 $32,827.20 $59,827.20 Irwindale 1.62 3 1 3% $2,952.00 $6,000.00 $5,217.60 $11,217.60 Monrovia 2.66 19 2 13% $12,792.00 $22,500.00 $26,109.60 $48,609.60 San Marino 2.92 18 8 19% $18,696.00 $31,500.00 $39,544.80 $71,044.80 South Pasadena 1.63 19 3 14% $13,776.00 $22,500.00 $29,848.80 $52,348.80 Los Angeles County 1.41 16 2 11% $10,824.00 ----- $41,131.20 $41,131.20 Total 18.94 126 26 100% $98,400.00 $150,000.00 $223,920.00 $373,920.00 * Route Length + 2(# of Hard Closures) + 4(# of Soft Closures) = 100% ** Available funds will be less a 5% administrative fee for the Fiduciary Agent MSRC Grant Award: $320,000 Less Administrative Fee (5%): $304,000 GOLDEN STREETS FESTIVAL PROPOSED ROUTE MAP ATTACHMENT 2