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HomeMy WebLinkAboutAGENDA REPORT 2004 0707 CC REG ITEM 09HTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Ken Gilbert, Director of Public Works June 23, 2004 (CC Meeting of 07/07/04) 16 - SUBJECT: Consider Reinstating an Agreement Between the City and Caltrans Pertaining to City Maintenance of State Highways within the City BACKGROUND • In July of 1985, -the City and Caltrans entered into an Agreement which provided for Caltrans' reimbursement of City costs incurred for the sweeping of the surface - street State Highways within the City. That 1985 Agreement capped the annual cost which the City could recover at $8,000. • Over the past year staff has been involved with Caltrans staff in efforts to develop a new, more "updated" Agreement with respect to these matters. • In recent years, certain stormwater discharge permit requirements have required the City to increase the frequency of sweeping for the State Highways from bi- weekly to weekly. That increase in service level caused City costs to exceed the $8,000 annual cap imposed by the 1985 Agreement. City costs for these services had increased to approximately $8,500 per year. • During the course of negotiating the new contract language, Caltrans chose not to recognize and accommodate this cost increase, but instead proposed to lower maximum annual amount to be reimbursed to $5,750. • With the knowledge that it is ultimately the responsibility of Caltrans to provide for the sweeping of their highways in a manner consistent with "their" Stormwater Discharge Permit, Caltrans sweeping contract-0407 000312 Caltrans Street Sweeping Agreement July 7, 2004 Page 2 staff recommended to the City Council that the 1985 Agreement be terminated and that these services be assumed by Caltrans. • On May 5, 2004, the City Council approved staff's recommendation and authorized the Mayor to send a letter to Caltrans terminating the 1985 Agreement, effective July 1, 2004. DISCUSSION A. Res op nse Letter From Caltrans A letter to Mayor Hunter from W. T. Almany, Chief of Maintenance Support for Caltrans District 7, was received on June 10, 2004 (see Exhibit 1). In that letter Mr. Almany states that the suggested reduction in the maximum amount of the reimbursable costs to be paid to the City under the proposed new Agreement was incorrect and the results of an error in calculation. The letter goes on to request that the City reconsider cancellation of the 1985 Agreement. B. Suggested Response It is the view of staff that the City, through its contract service provider, is best able to provide for the sweeping of the surface - street State Highways within the City. We believe that the City can provide adequate and responsive service at a cost less than that which would be incurred by Caltrans. It is, therefore, recommended below that a letter be sent to Caltrans rescinding the prior action of the City Council to terminate the 1985 Agreement, said letter to include certain stipulations, generally set forth as follows: 1. That, upon receipt of a letter of concurrence from Caltrans, the 1985 Agreement would become re- activated effective August 1, 2004; 2. That an amendment to the 1985 Agreement shall be prepared and submitted to the City Council within ninety (90) days raising the annual maximum allowable reimbursement to $10,000; 3. That City staff would be directed to reopen negotiations with Caltrans for the development and approval of a new Delegated Maintenance Agreement for the sweeping of surface street State Highways within the City; 4. That the language in said Agreement would impose no cap to the annual City costs eligible to be reimbursed to the Caltrans sweeping contract-0407 000313 Caltrans Street Sweeping Agreement July 7, 2004 Page 3 City, provided those costs did not exceed the amount of actual cost incurred by the City (plus an agreed to administrative fee) for only those tasks and services authorized by the Agreement; 5. That the language in said Agreement would further state that the City would be held harmless against any claims or fines which might be levied by the Los Angeles Regional Water Quality Control Board for any violation of any requirement of any Urban Stormwater Discharge Permit issued by said Board, which pertained to any requirement to provide for the sweeping of the subject State Highways. STAFF RECONIIONDATION l.Authorize the Mayor to send a letter to Caltrans approving the reinstatement of the 1985 Agreement effective August 1, 2004, said letter to include the clarifying and qualifying language set forth above in this report. 2. Direct staff to re- establish negotiations with Caltrans for the purpose of developing a new mutually acceptable Agreement related to the City maintenance of State Highways, with terms and conditions consistent with the requirements set forth in the Mayor's letter and with final language to be approved by the City Attorney and City Manager. 3. Authorize the Mayor to sign said Agreement if and when successful negotiations have been completed. Attachments: Exhibit 1: Letter from Caltrans Caltrans sweeping contract_0407 000314 STATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Grnemor DEPARTMENT OF TRANSPORTATION DISTRICT 7 120 S. SPRING STREET LOS ANGELES, CA 90012 -3606 PHONE (213) 897 -0362 FAX (213) 897 -0360 TTY (213) 8974937 June 1, 2004 The Honorable Patrick Hunter Mayor City of Moorpark 799 Moorpark Avenue Moorpark, CA 93065 Flex your power! Be energy efficient! RECEIVED -AN 10 2004 C19YCLEAK'S DEPARTMENT Cny()F MOORPAAK RE: DELEGATED MAINTENANCE AGREEMENT CITY OF MOORPARK Dear Mayor Hunter: This is in response to your letter dated May 19, 2004, that states the City of Moorpark would like to cancel the Delegated Maintenance Agreement with the State of California, Department of Transportation. Please be informed pending further review of the revised Delegated Maintenance Agreement that errors were found with calculations regarding the City's total authorized expenditure. The State is requesting reconsideration by the City of Moorpark exercising the right to cancel the Delegated Maintenance Agreement. Please contact Monica Moreno, at (213) 897 -1913, of our Maintenance Agreements Unit, to re- negotiate an amicable Delegated Maintenance Agreement for the City of Moorpark. Sincerely, s -- `pry .4 , L13) W.T. ALMANY, IH 84 -1. Chief Office of Maintenance Support cc: Douglas R. Failing, Director, Caltrans Steven Kueny, City Manager, Moorpark Kenneth Gilbert, Director of Public Works, Moopark Richard Sanborn, Region Manager, Caltrans "Caltrans improves mobility across California" N Cc=.1 CM 1-4TC-M d CC- 1 CSC awl S 000315