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Home My WebLink AboutMINUTES - 11062007 - C.60 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: November 6, 2007 SUBJECT: Adopt Resolution for Safe Routes to Transit Grant Program for Bailey Road Improvements, Pittsburg/Bay Point BART Station Area. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION ADOPT the attached resolution regarding the Metropolitan Transportation Commission's (MTC) Regional Measure 2 Policy Guidance (MTC Resolution No. 3636) for the Safe Routes to Transit Program in Bay Point and AUTHORIZE its transmittal to the MTC. FISCAL IMPACT NONE to the County. The match funds have been budgeted in the 2007/08 Redevelopment Agency Budget.; CONTINUED ON ATTACHMENT: X YES SIGNATU71ALtee^ . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATIO OF BOAR OMMITTEE _APPROVE OTHER amSIGNATURE (S). ACTION OF BOr ON APPROVED AS RECOMMENDED OTHER_ V T OF SUPERVISORS ` ^ I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENy ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Maureen Toms ATTESTED AJ19 K� cc: Community Development(CDD) JOHN CULLEN, CLERK OF THt BOARCI OF Community Development-J.Greitzer SUPER SORS AND COUNTY ADMINISTRATOR County Administrator County Counsel Q l Public Works—B. Fernandez BY , DEPUTY City of Pittsburg D:\BayPoint\grants\2007-safe routes to transit\board order 10-23-07.doc November 6, 2007 Board of Supervisors File #Safe Routes to Transit Res. Page.2 BACKGROUND/REASONS FOR RECOMMENDATION Contra Costa County and the City of Pittsburg have been awarded $650,000 through the Safe Routes to. Transit Program to. improve access from Bailey Road to the Pittsburg/Bay Point BART Station. This award is in addition to $988,788 grant from the Transportation for Livable Communities grant and $160,000 from Pittsburg's Transportation Development Act fund. Each of the jurisdictions will provide $200,500 in match for this project, estimated to cost a total of $2.2 million. The Contra Costa County Redevelopment Agency has budgeted for the match in the 2007/08 budget. CONSEQUENSES OF NEGATIVE ACTION The City of Pittsburg and Contra Costa County will not meet the requirements to receive grant funds, without adoption of the resolution. • f i 1 THE BOARD OF.SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on MURMiX qby the following vote: SE..L AYESTV___ l V NOES: 011 ABSENT: / o B v sr� cou ABSTAIN: (VG In the Matter of: RESOLUTION NO. 07-(p, Resolution.of Project Compliance and ) Authorization of Receipt of Regional Measure 2) Safe Routes to Transit Grant Funds for ) Bailey Road Transit Access Improvements ) The Board of Supervisors for Contra Costa County DOES RESOLVE as follows: Whereas, SB 916 (Chapter 71.5, Statutes 2004), commonly referred as Regional Measure 2, identified projects eligible to receive funding under the.Regional Traffic Relief Plan; and Whereas, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and Whereas, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 funding; and Whereas, allocations to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 2 Policy and Procedures; and Whereas, Contra Costa County is an eligible sponsor of transportation projects in Regional- Measure 2, Regional Traffic Relief Plan funds; and Whereas, the Bailey Road Transit Access Improvements Project is eligible for consideration in the Regional Traffic Relief Plan of Regional Measure 2, as identified in California Streets and Highways Code Section 30914(c) or (d); and Whereas, the Regional Measure 2 allocation request, attached hereto in the Initial Project Report and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which Contra Costa County is requesting that MTC allocate Regional Measure 2 funds; and Rt.CA tu7'0tiJ NO• _,�Oo? 6 NOW, THEREFORE, the Board of Supervisors for Contra Costa County finds and determines as follows: Section 1. Contra Costa County and its agents shall comply with the provisions of the Metropolitan Transportation Commission's Regional Measure 2 Policy Guidance (MTC Resolution No. 3636). Section 2. Contra Costa County certifies that the project is consistent with the Regional Transportation Plan (RTP). Section 3. The year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project. Section 4. The Regional Measure 2 phase or segment is fully funded, and results in an operable and useable segment. Section 5. Contra Costa County approves the updated Initial Project Report, attached to.this resolution. Section 6. Contra Costa County approves the cash flow plan, attached to this resolution. Section 7. Contra Costa County has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the updated Initial Project.Report, attached to this resolution. Section 8. Contra Costa County is an eligible sponsor of projects in the Regional Measure 2 Regional Traffic.Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c). Section 9. Contra Costa County is authorized to submit an application for Regional Measure 2 funds for Bailey Road Transit Access Improvement Project in accordance with California Streets and Highways Code 30914(c). Section 10. Contra Costa County certifies that the projects and purposes for which RM2 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Section 15000 et seg.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder. Section 11. There is no legal impediment to Contra Costa County making allocation requests for Regional Measure 2 funds. Section 12. There is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of Contra Costa County to deliver such project. �ZSol�io Iia �.00� �30 Section 13. Contra Costa County indemnifies and holds harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims; injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of Contra Costa County, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages. Section 14. Contra Costa County shall, if any revenues or profits from any non- governmental use of property (or project) are collected, that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC's percentage participation in the project. Section 15. Assets purchased with RM2 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC's option) based on MTC's share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 2 funds were originally used. Section 16. Contra Costa County shall post on both ends of the construction site at least two signs visible to the public stating that the Project is funded with Regional Measure 2 Toll Revenues. Section 17. Contra Costa County authorizes its County Administrator to execute and submit an allocation request for the environmental, design, right-of-way, construction phase with MTC for Regional Measure 2 funds in the amount of six hundred fifty thousand dollars ($650,000), for the project, purposes and amounts included in the project application attached to this resolution. Section 18. The County Administrator is hereby delegated the authority to make non-substantive changes or minor amendments to the IPR as he/she deems appropriate. Section 19. A copy of this resolution shall be transmitted to MTC in conjunction with the filing of the (agency name) application referenced herein. Lf� 10T,"IV �o )'00 30 I PASSED AND ADOPTED by the Board of Supervisors of Contra Costa County at a regular (or special, if applicable) meeting on the 6 day of November, 2007, by the following vote: AYES: l NOES:90s ABSTAINED: +roc ABSENT: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: (date) JOHN CULLEN, Clerk of the Board of Supefvi'prs�andd County Administrator 6y ,Deputy 01A P0 - l