HomeMy WebLinkAboutMINUTES - 07231996 - C3 TO: BOARD OF SUPERVISORS
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FROM: _ J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 23, 1996
SUBJECT: Amendment 1 to Fund Transfer Agreement P1 1613-2-17 - Iron Horse Trail
Project No.: 4660-6X4142
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute Amendment 1 to
Fund Transfer Agreement P1 16B-2-17 between the County and the California Department of
Transportation, to construct approximately three miles of bicycle trail along the Walnut Creek
Channel, between Monument Boulevard, and Concord Avenue in the Concord and Pleasant Hill
area.
II. Financial Impact:
The Fund Transfer Agreement awards the County $600,000 from the State of California, through
funds appropriated by the Clean Air and Transportation Improvement Act ( Proposition 116), to
construct this portion of the Iron Horse Trail. The amendment makes non-substantive changes
that will clarify and facilitate future reimbursements.
III. Reasons for Recommendations and Background:
The Iron Horse Trail is an important regional transportation link connecting Southern Contra
Costa County to Central Contra Costa County. The regional trail begins in Pleasanton and will
extend along the Southern Pacific Railroad and the Walnut Creek Channel rights of way to the
Suisun Bay shoreline. The total length of the Iron Horse Trail is approximately 33 miles.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON a3, /99c, APPROVED AS RECOMMENDED_OTHER
VOTp OF SUPERVISORS
✓✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
AS:as:eh
g:\transeng\as\B023Amend.t7
Orig. Div.: Public Works(T/E)
Contact: AI Schaal, Phone 313-2234 t hereby cw*that Oft Is a true end cm copy of
cc: P. Harrington, Flood Control an action taken and entered on ft mbuutoa of me
9 eoard of pe rs on me date aho
P W Accounting 5-ems' _P151 1171749
M. Lim, Caltrans, Local Assistance PHIL �O�R�CIarkof�
S. Williams, EBRPD Df Superviaors
(Six signed amendments returned to
Public Works Transportation Eng. Division) BY
F
Amendment 1 to Fund Transfer Agreement P1 1613-2-17 - Iron Horse Trail .5
July 23, 1995 (�
Page 2
III. Reasons for Recommendations and Background: (Continue)
The proposed local project will complete three miles of trail on an existing channel maintenance
road and former Southern Pacific Railroad right of way, from Treat Boulevard to Concord Avenue.
The trail connection has been incorporated in the County General Plan, the East Bay Regional
Park District (EBRPD) Master Plan as well as in the local plans for the cities of Walnut Creek,
Pleasant Hill and Concord.
With the construction of this portion the Iron Horse Trail would provide access between the
Pleasant Hill BART Station, Fair Oaks School, the Willows Shopping Center and the businesses,
and would improve the safety of bicycle commuters from Walnut Creek, Pleasant Hill and
Concord. This project will provide an important link in the local trail network as it will join portions
of the Iron Horse Trail with the Contra Costa Canal Trail
The Board of Supervisors approved the submittal of an application for Proposition 116 funds and
authorized the Public Works Director to execute the application along with a Cooperative Funding
Agreement with the EBRPD on October 20, 1992.
The Board of Supervisors determined that this project is a California Environmental Quality Act
Class 4 (h) Categorical exemption, and directed the Director of Community Development to file
a Notice of Exemption with the County Clerk on November 17, 1992.
The Fund Transfer Agreement allows the County to fulfil the Cooperative Funding Agreement for
Development of the Iron Horse Trail, Walnut Creek Channel Extension between the County and
EBRPD which was approved by the Board of Supervisors on March 1, 1994. The Cooperative
Funding Agreement designates EBRPD as the responsible agency for the Project and the County
agrees to collect grant funds from the State of California and execute Payment Requests received
from EBRPD in the amount of $600,000. EBRPD will maintain and patrol the trail once it is
completed.
The Board of Supervisors approved a Fund Transfer Agreement on April 11, 1995. The
amendment will clarify the total funding that has been allocated to the project and facilitate future
reimbursements.
IV. Consequences of Negative Action:
Failure to direct the Chair of the Board of Supervisors to execute Amendment 1 of the Fund
Transfer Agreement between the County and the State of California for the Iron Horse Trail will
jeopardize or delay reimbursement of expenditures.
G 3
J.Michael Walford
Contra Public Works Director
Costa Public Works Department
. Kubicek
County 255 Glacier Drive DeputyF-Engineering
Martinez, CA 94553-4897
Patricia R.McNamee
Deputy-Operations
Maurice M. Shiu
Deputy-Transportation
S. Clifford Hansen
LETTER OF TRANSMITTAL Deputy-Administration
To: ��ela� ! �ra r c� u�Si,,x ffir ei+S o� ► Date: 3
l /�1e.e � Regarding: r-s—rv77 IVa Agmen7y--ad �ra
P,-e p rn-y n /
14
Attn.: File: —
WE ARE SENDING YOU: ®Attached, ❑Under Separate Cover, the following items:
Copies Description �1
+'G
-e
THESE ARE TRANSMITTED as checked below:
❑For approval ❑Approved as submitted [':]Reviewed — no additional comments
XFor your use ❑Approved as noted ❑Reviewed—see additional comments
❑As requested ❑Returned for corrections ❑Return corrected prints
❑For review and comment ❑ copies retained for our files ❑Sign and return copies
Remarks:
11� �`S !_S /,%�o/✓'.pyo�-+� ..rz r (�.S �o y 5-�c, r �+-�--e-S .
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Signed: (2eZZ-Z
Division:
Phone: 313124Ge-ext- ��3 1
STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Governor
DEPARTMENT OF TRANSPORTATION
STATE AND LOCAL PROJECT DEVELOPMENT PROGRAM Wiz,
P.O. NX94287 RECEIVED"
• P.O.BOX 942874,Mail Station 1 6tl
SACRAMENTO,CA 94274-0001 �_
TDD(800)735-2929
(916)653-2750 F ,
FAX(916)654-2409
AUG 2 91996
TA ET
LN NEERING
August 27, 1996
Ms. Heather Ballen
Public WorksDepartmen
6
Contra Costa County
255 Glacier Drive
Martinez, CA 94553-4897
Dear Ms. Ballenger:
Enclosed is one executed original of Amendment No. 1 to Fund Transfer
Agreement P116B-2-17 for the Iron Horse Trail Bikeway Project. The amendment
clarifies the total amount of Proposition 116 funding allocated to the project.
If you have any questions, please call me at (916) 653-2750.
Sincerely,
KEN McGUIRE
Bicycle Facilities Unit
Office of Local Programs
Program Management
Enclosure
cc: HOkubo - 04, Local Assistance Engineer
"We'll Find a Way"
Agreement No. PI 16B-2-17
Amendment No. 1
Sheet I Of 2
AMENDMENT TO 7- .2 3 -9f-
STATE
9f-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
FUND TRANSFER AGREEMENT
SUPPLEMENTARY DOCUMENT
COVERING ALLOCATIONS OF
❑ PASSENGER RAIL AND
CLEAN�IR BOND ACT OF 1990 (PROP. 108), OR
O/CLEAN AIR AND TRANSPORTATION
IMPROVEMENT ACT OF 1990 (PROP. 116) BOND FUNDS, OR
❑ TRANSIT CAPITAL IMPROVEMENT FUNDS
EFFECTIVE DATE OF AGREEMENT ,Iflnum 19, 1995
RECIPIENT County of Contra Costa
TITLE OF COMPLETE.PROJECT Iron Horse Trail Bikeway
PHASE OF PROJECT ❑ OR COMPLETE PROJECT ❑
CTC ALLOCATION:
RESOLUTION NO. G-93-04* FISCAL YEAR 93/94
SUBSEQUENT CTC ALLOCATION RESOLUTIONS:
RESOLUTION NO. BFP-94-56 FISCAL YEAR 94/95
FUND AUTHORIZATIONS:
FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE
Pr . 116 $30,000* 93/94 Lune 30, 7996
SUBSEQUENT FUND AUTHORIZATIONS:
Pr . 716 5570,000 94/95 januant 79. 199
TERMINATION DATE OF AGREEMENT. lgnuary 19, 1998
*This Allocation is for project development work only, per CTC Resolution
G-95-05
Agreement No. PI 1611-2-17
Amendment No. 1
Sheet 2 Of 2
AMENDED ATTACHMENTS: I ❑ IV U
II V ❑
III ❑ VI ❑
ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND
EFFECT.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION COUNTY OF CONTRA COSTA
BY BY
Jim Smith IlKaMe & Title
Chief, Program Management Branch
Office of Local Programs
' ' y I A TTA C H h�1 E N'I' ii
State of California Business, Transportation and Housing Agency
Memorandum
To: MR. DONALD BENJAMIN, Chief Date: March 10, 1994
Local Streets and Roads
K-' File:
From: DEPARTMENT OF TRANSPORTATION
Division of Budgets
Subject: Allocation for Iron Horse Trail, Walnut Creek Bicycle Extension
Pu
uant to California Transportation Commission Resolution
No. G-93- which delegates to the Department of Transportation
(Department) ' ited authority to make local grant allocations for capital
support work, t Department approves the allocation of $30,000 in
Proposition 116 funds the Contra Costa County Public Works Department
for project design and pr 'minary studies (Phase I) of the Iron Horse Trail,
Walnut Creek Bicycle Extensi (STIP Project No. 04-8016).
As administrators of the oposition 116 Bicycle projects, we
recommend that you inform the tra Costa County Public Works
Department of this allocation and wor ith that agency to execute the
necessary agreements.
EVANS, Chief
Division of Budgets
cc: DBrewer
RChung
��F:'FIVtt�
MAR i 1 1991
State and i.oc�,,
Project DevelopmerY
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ATTACHMENT II - CTC ALLOCATION RESOLUTION
MOMn
Af U.P-1�
JAN 1 9 V4
CALIFORNIA TRANSPORTATION COMMISSION
Commission Project Allocation Approval Titiwart
mm n F
Mass Transportation Bond and TCI Projects
Resolution No. I3FP-94-56
1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an annual Transit
Capital Improvement Program (TCI) plan for mass transportation capital purposes, and the electorate
enacted both Proposition 108, the Passenger Rail and Clean Air Bond Act of 1990, and Proposition 116,
the Clean Air and Transportation Improvement Bond Act of 1990 in the June, 1990, election authorizing
the sale of general obligation rail bonds for rail transit purposes; and
1.2 WHEREAS, with Resolution No. G-93-04 authority, the Department of Transportation approved a local
grant allocation for capital support work, to the Contra Costa County Public Works Department, for
project design and preliminary studies, in the amount of$30,000, on March 10,1994; and
1.3 WHEREAS, the Iron Horse Trail Bikeway Project (the Project), further detailed in Attachment A, as
component phases or in its entirety, appears on the necessary State capital projects funding lists) and is
entitled to participate in this allocation; and
1.4 WHEREAS, Contra Costa County Public Works Department (the Recipient) is committed to providing
any required local matching funds and to fully fund implementation of the Project in compliance with
grant or bond funding requirements or, if Recipient meets that criteria, in compliance with the conditions of
Commission Resolution G-92-14, "Guidelines for the Deferral of the Commission's Proportional
Expenditure of State Funds Policy"; and
1.5 WHEREAS, the Commission has established a "Hazardous Waste Identification and Clean-up Policy"
(#G-91-2) which requires the Recipient(s) to have performed full due diligence in identifying and
remediating any hazardous waste in the right-of-way, easements and properties.
2.1 NOW THEREFORE BE IT RESOLVED that a total of$570,000 in State Proposition 116 Bond Funds
is allocated to Recipient for the Project, as detailed in AL-tachment A; and
2.2 NOW THEREFORE BE IT FURTHER RESOLVED that the transfer of funds for the Project shall be
governed by a fund transfer agreement, and subsequent amendments to the same if required, executed
between Recipient and the Department of Transportation (Department); and
2.3 NOW THEREFORE BE IT FURTHER RESOLVED that Recipient shall provide the Department, for the
balance of all funded Project allocations commencing with the first quarterly review, an updated quarterly
expenditure plan by category including any proposed changes; and
2.4 NOW THEREFORE BE IT FURTHER RESOLVED THAT, in any instance of rail bond financing of
the Project, the Commission, acting on behalf of the State, by this Resolution intends:
(,,oMbni>,Wn t'rojecl Allocation Approval
Mass Traasrortation Bond and TCI Projects_
Resolution No. BFT-94-56 c
January 18/19, 1995
Page 2
A. to cause and approve the issuance,of taxable or tax-exempt State general obligation bonds under
-Propositions 108 or 116, as appropriate, to reimburse Recipient for the Project identified in
Attachment A;
B. to reimburse to Recipient expenditures that shall not have been.paid from the proceeds of any other
tax-exempt indebtedness unless such prior indebtedness will be retired with the proceeds of such
State monies;
C. that this Resolution be a declaration of official intent of the State within the meaning of U.S.
Treasury Regulations Section 1.103-17(c) with respect to the Project,
D. that this Resolution will be continuously available to the public for inspection during normal
business hours at its Commission Office, 1 120 N Street, Sacramento, California, commencing not
later than two weeks after the adoption of this Resolution; and
2.5 NOW THEREFORE BE IT FURTHER RESOLVED that, in any instance of rail bond financing, an
allocation for the Project is subject to the following conditions and assurances:
A. completed bond sales authorized by the State Treasurer;
B. completed bond certification from the Department, preferably by the time of Commission allocation
action but not later than prior to execution of a fund transfer agreement;
C. Recipient certification, delivered to this Commission, preferably by the time of Commission
allocation action but not later than prior to execution of a fund transfer agreement, that it will not
adopt new or increased development taxes, fees, exactions or permit fees for the purpose of
providing local matching funds;
D. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission,
that when utilizing state funding for acquisition of property or for capital improvements on the
Project, Recipient has exercised all due diligence in the discovery of hazardous wastes; that Recipient
will enter into enforceable agreement(s) with any and all owners of to-be-acquired properties for
clean-up of hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding
Hazardous Waste Identification and Clean-up for Rail Right-of-Way;
E. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission,
that when utilizing state-provided and other-than-state funding for acquisition of property or for
capital improvements on the Project, Recipient shall agree to indemnify, defend and hold harmless
the State, Department and the Commission from clean-up liability or damage, both present and
future; and that no additional State funds will be requested for clean-up, damages, or liability
associated with hazardous wastes on or below the acquired property;
F. that in any instance of rail bond financing with Proposition 116 funds, the Proposition 116 Project
Application date will be that after which project eligible costs can be incurred, with reimbursement
subject to an executed fund transfer agreement;
G. that Recipient shall provide the Commission with an "Evaluation of Property Report" by the time of
Commission allocation action, in compliance with Commission Policy G-90-17, Rail Right-of-Way
Review Policy, to be verified by the Department or its Agent;
H. that Recipient shall post on,the Project construction site(s) at least one sign, visible to the public,
stating that the Project is partially funded with State grant rail passenger bond funds;
Commission ProjcCt Allocation Approval
Mass Transtxmit'ion Bond and TCl Projects
Resolution No. BF-Po94-56
January 18/19, 1995
Page 3
1. that Recipient has provided the Commission, after consultation with its staff and prior to the
execution of a fund transfer agreement which includes any Proposition 116 bond funding, a
satisfactory work plan which includes milestones for specific activities related to completion of the
transit integration plan prior to initiation of rail service; and
2.6 NOW THEREFORE BE IT FURTHER RESOLVED that this Commission shall be entitled to a then
present value refund, or credit, at State's option, equivalent to the proportionate funding participation by the
State towards property acquisition and project construction in the event that Recipient, or successor public
entities, fail or cease to utilize the Project for the intended public passenger rail purposes or sells or transfers
title to the Project. The credit for future purchases or condemnation of all or portions of the Project by the
State, and the refund or credit due the Commission in each instance, will be measured by the ratio of State
and other public funding to that provided from Recipient. That ratio will be applied to the then fair market
value of the Project property; and
2.7 NOW THEREFORE BE IT FURTHER RESOLVED that if the Recipient receives any revenues or profits
from any non-governmental use of property allowed pursuant to bond certification (whether approved at this
time or hereafter approved by the State), the Recipient agrees that such revenues or profits shall be used
exclusively for the public transportation services for which the project was initially approved, either for
capital improvements or operating costs. If the Recipient does not so dedicate the revenues or profits, a
proportionate share shall (unless disapproved by State's Bond Counsel) be paid to the State equivalent to the
State's percentage participation in the Project.
Attachment
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AGREEMENT NO. PI 1613-2-17
Amendment No. 1
ATTACHMENT IV - FUND CERTIFICATION
Name of Recipient: County of Contra Costa
Name of Project: Iron Horse Trail Bikeway Project
Resolution Number: G-93-04
Date of Resolution: March 10, 1994
Amount of Allocation: $30,000
Fund Source: CATIA
Expiration Date of Funds: June 30, 1996
SOURCE CNARGfi EXPALTH SPECIAL DESIGNATION ENCUMBRANCE
CEN LED I SUB ACCT SUB)OB NO. R/W PARCEL NQ OBJECT AMOUNT 01 FECAL DOCUMENT
OLST UNR DIST UNFT WORK ORDER NO. ., LOCATION BRIDGE NO. CR YEAR NUMBER
,4 1 1 1 1 1 1 1 7 -? CR 'T 10 1,0 15 14-1
1
I hereby ectsfy upon rW own personal koudedge that budgeud fiends are SIG F ACCO INC OFFICER DATE
avaW(e for the period and purpose Of the cgendiLture stated above.
REM -?®� CHAPTER STATUTES F.It
- ATTACHMENT IV - SCOPE OF «'ORK APPROVAL
Name of Recipient: ..-
Name of Project: a; I (3,
Resolution Number: e F P- 9 4I 5 (o
• Date of Resolution. 1,,1
Amount of Allocation: '� T-1
Fund Source: C i�Tl ►F
Expiration Date of Funds: /I q/ q 7
SCOPE OF WORK APPROVAL:
The Department of Transportation hereby certifies that the attached "Scope of Work" document has
been submitted by the recipient named above and that its description of tasks to be accomplished with
the allocated funds is complete and in conformance with the allocating resolution specified above.
l , fl `
District Division Chief for lia t ee
Planning
SOURCE CKARCE JXP AUTFi SPECIAL UEcIGNATION ENCUMBKANCE
GEJ.'LEU I SUB ACC SUb 100 NO R/%'PARCEL NO OB)ECT AMOUNT r,_r FISCAL DOCUMENT
O<tI UNIT DLC( UNfi WORK Of.DEF NO. LOCATION PRIUC,E NU CR YEAR NUMBER
6
SIGNATUKE OF ACCUUN'TING UFFICER LATE
1 brreby anijy upon my own personJ f�owicdyr that bud9crcdfund<cn /l
available for rfie vcria one aurpWi of rbc&TIndiruri scored above.
TT EM CHAPTER STATUr LS FL LY R
9