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HomeMy WebLinkAboutAgenda Bill 4.A 12/20/2010Z�Ct1. DATE: December 20, 2010 51 I f TO: Honorable Mayor and Members of the City r uncil through City Manager FROM: Vincent Marengo, Director of Public Work SUBJECT: Resolution Authorizing the City Manager to Execute a Cooperative Funding Agreement between the Sonoma County Transportation Authority (SCTA) and the City of Petaluma for the Rainier Ave. Undercrossing Structure Project C00501204 Segment C2 Component of the Marin Sonoma Narrows Segment C (MSN -C) Project RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute a cooperative funding agreement between the Sonoma County Transportation Authority (SCTA) and the City of Petaluma for the Rainier Ave. Undercrossing Structure Project C00501204 Segment C2 Component of the Marin Sonoma Narrows Segment C (MSN -C) Project. . BACKGROUND On January 4, 2010, the City Council approved PCDC Resolution No. 2010 -02 N.C.S. and City Resolution No. 2010 -009 N.C.S. authorizing staff to proceed with a Project Study Report and an environmental impact report for the Rainier Avenue Cross Town Connector Project. The resolutions also discuss the benefits of incorporating the undercrossing structure component of that project into the design of Sonoma County Transportation Authority's (SCTA) Marin Sonoma Narrows (MSN) C2 Project. The approved project budget, identified in those resolutions, was $498,000 for this specific work effort. DISCUSSION Public Works staff solicited bids from three design firms and, with SCTA, negotiated a cost not- to-exceed $498,000 (previously approved by City Council) with BKF engineering consultants. If the cooperative agreement is approved, the Rainier Avenue undercrossing structure will be designed in parallel with the original MSN C2 project scope, which currently incorporates a roadway fill design through the Rainier Avenue site, instead of a structure. Agenda Revie City Attorney w: QL Finance Director City Manager The Rainier Avenue undercrossing structure will be cleared environmentally, through Caltrans, as part of the MSN environmental, document. The Rainier Avenue Cross Town Connector Project itself will be cleared environmentally through a separate environmental process, currently underway. SCTA took this cooperative agreement to their Board on December 13, 2010, which was approved. Right -of -way capital and construction capital funding have not yet been identified for the MSN C2 Project and; therefore, the'tirning of construction is unknown. However, once funding has been secured for the MSN C2 HOV Project, the City must provide funding to cover the cost of construction support and construction capital for the undercrossing structure. FINANCIAL IMPACTS The total approved project budget through FY10 -11 is $2,886,000, with.a total forecasted budget of $13,142;000 through FY12 -13. Currently, $1,445,747 has been spent to date. $114,000 (the difference between $3M and $2,886,000) will be budgeted in FYI 1-12 to cover the total cost of all required items of work. Rainier Avenue Cross Town Connector and Undercrossing of US 101 Project C00501204 Estimated Time Preliminary Project Cost Estimate Schedule Est'd. Est'd. FY Dollars When Cost Est. ($000) Needed Dollars Task ($000) Needed FY -FY Project Study Report (PSR— Executed Design Contract with URS) $80 none 01 -10 01/2010 — 12/2011 Project Approval and Environmental Document (PA &ED ­Executed Design Contract, with URS and M Group) $880 none 01 -10 01/2010 — 12/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and' €stimate (PS &E) for MSN C -2 Project $498 none 12/10 01/2010 — 12/20.11 Total Project Cost $1,458 $1,458 ATTACHMENTS 1. Resolution with the Cooperative Agreement attached as Exhibit A 2. Resolution Nos. 2010 =02 and 2010 -009 N.C.S. 2 ATTACHMENT 1 RESOLUTION' AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA). AND THE CITY OF PETALUMA FOR THE RAINIER AVE. UNDERCROSSING STRUCTURE PROJECT C00501204 SEGMENT C2 COMPONENT OF THE MARIN SONOMA NARROWS SEGMENT C (MSN -C) PROJECT WHEREAS, on January 4,.20 10, the Petaluma Community. Development Commission adopted findings, made in accordance with California Health and Safety Code Section 33445, for expenditure of tax increment funds to pursue design of the Project Study Report (PSR) and environmental document for the Rainier Avenue Cross Town Connector, and for work with Sonoma County Transportation (SCTA) to incorporate design of the undercrossing structure into design ofthe Marin Sonoma Narrows (MSN) C2 HOV Project; and WHEREAS, the City Council consented to the expenditure of funds to design these Public Improvements; and WHEREAS, in order to proceed, a cooperative funding agreement for design of the Rainier Avenue undercrossing structure must be executed between the City of Petaluma and the. Sonoma County Transportation Authority. NOW THEREFORE, BE IT RESOLVED, that the Petaluma City Council authorizes the City Manager to execute the Cooperative Funding Agreement between the City of Petaluma and the Sonoma County Transportation Authority, attached to this resolution as Exhibit A and incorporated herein by reference, including any final changes to such agreements approved by City Attorney. 3 Contract No. SCTA11012 EXHIBIT A TO RESOLUTION COOPERATIVE FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF PETALUMA This Agreement is made and entered into as of , 2010 ( "Effective Date ") by and between the City of Petaluma hereinafter referred to as "CITY" and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to as "AUTHORITY." RECITALS 1. AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in developing plans and specifications for the Rainier Cross Town Connector Undercrossing structure to be included in the Marin Sonoma Narrows C2 project in Sonoma County, as more particularly described in Exhibit A to this agreement (hereinafter referred to as "Project "). 2. Caltrans has completed the Environmental (PAED) phase of the MSN Project. 3. AUTHORITY is the lead for the development of Plans, Specifications and Estimate (PS &E) for MSN C2 Project. 4. AUTHORITY in cooperation with Caltrans will take appropriate measures to environmentally clear the addition of the Rainier Avenue Undercrossing structure in the MSN C2 Project. 5. CITY will environmentally clear the Rainier Cross Town Connector Project as a separate, independent project. 6. AUTHORITY and CITY developed a financial plan, a schedule, and roles and responsibilities for completion of the Project which is attached hereto as Exhibit B, Exhibit C, and Exhibit D (hereinafter referred to as the "Project Plan "). 7. CITY adopted Resolution No. 2110 -009 N.C.S. on January 4, 2010 which separated the Rainier Interchange Project into two independent projects (Independent Project 1 — Rainier Interchange and Independent Project 2, Rainier Cross Town Connector), and committed $498,000 for the incorporation of the Rainier Avenue Undercrossing structure into the plans, specification and estimate (PS &E) of the MSN C2 project. (Resolution No. 2110 -009 N.C.S. attached hereto as Exhibit E) 8. CITY will provide $498,000 in funding to pay for the development of PS &E for the Rainier Avenue Undercrossing structure Cooperative Funding Agreement SCTA1 1012 City of Petaluma Page 1 of 11 \ Contract No. SCTA11012 9. AUTHORITY is committed to developing the PS &E for the MSN C2 Project and incorporating the Rainier Avenue Undercrossing structure. into the MSN C2 Project pending CITY obtaining environmental clearance of the Rainier Cross Town Connector Project. NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows: SECTION I CITY AGREES: 1. Total CITY Contribution To provide $498,000 in local funds [or other CITY contribution] towards the Project, in accordance with the MSN C-2 140V Project. The cost of CITY's own administration, independent quality assurance, oversight, and project management is not considered a Project cost that is covered by this agreement and is not included in the MSN C -2 Project. 2. Completion of Work To timely complete the environmental clearance of the Rainier Cross Town Connector Project in accordance with the deadlines set forth in the MSN C -2 Project. 3. Payment Invoices shall be submitted monthly to the City of Petaluma, along with a summary of the work completed to date. Total payments, shall not exceed $498,000. 4. Compliance with Laws With regard to administering and completing CITY's responsibilities for the Project, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with.all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 5. Records To allow AUTHORITY to audit all expenditures relating to the Project funded through this Agreement. For the duration of the Project, and for five (5) years following completion of the Project, or earlier discharge of the Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred in performance of this Agreement. 6. Notice of Audit To provide timely notice to AUTHORITY if an audit is to be conducted. Cooperative Funding Agreement SCTA 11012 City of Petaluma Page 2 of 11 Contract No. SCTA 11012 SECTION II AUTHORITY AGREES: 1. Total AUTHORITY Contribution The cost of AUTHORITY's own administration, independent quality assurance, oversight, and project management is not considered a Project cost that is covered by this agreement and is not included in the Project Plan. 2. Agreements. To modify AUTHORITY'S agreemenmith design consultant to include the PS &E of the Rainier Avenue Undercrossing structure in the MSN C2 project. 3. Completion of Work To timely complete the work necessary to complete PS &E of the MSN C2 project:including the Rainier Avenue Undercrossing structure. 4. Pam To request payment from CITY of Petaluma, based on monthly invoices. The total cost of work shall not exceed $498,000. 5. Compliance with Laws With regard to administering and completing the AUTHORITY's responsibilities for the Project, AUTHORITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 6. Records To allow CITY to audit all expenditures relating to the Project funded through this Agreement. For the duration of the Project, and for five (5) years following completion of the Project, or earlier discharge of the Agreement, AUTHORITY shall make available to CITY all records relating to expenses incurred in performance of this Agreement. 7. Notice of Audit To provide timely notice to CITY if an audit of CITY records is to be conducted. SECTION III IT IS MUTUALLY AGREED: 1. Funding Needs If additional funds beyond those identified in the Project Plan are necessary to complete the Project, AUTHORITY and CITY will cooperate to identify and secure new, increased, or replacement funding. If funding cannot be identified to complete the project, this agreement can be discharged by either party as provided in Paragraph 3 or 13. Cooperative Funding Agreement SCTA 11012 City of Petaluma Page 3 of l l Contract No. SCTA 11`012 2. Term This Agreement will remain in effect until discharged as provided in Paragraph 3 or 13 of this Section III. 3. Discharge This Agreement shall be subject to discharge as follows: a. This Agreement may be canceled by a party for breach of any obligation, covenant or condition hereof by the other party, upon notice to the breaching party. With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (30) days from the ,date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted- by the non - breaching party. On cancellation the non - breaching party retains the same rights as a party exercising.its right to terminate under the provisions of paragraph 3(b), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. b. By mutual consent of both parties, this Agreement may be terminated at any time with 30 day written notice. 4. Indemnity Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction conferred upon AUTHORITY or arising under this agreement. It is understood and agreed that AUTHORITY will fully defend, indemnify, and save harmless CITY and all of its•officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AUTHORITY under this agreement. Neither AUTHORITY nor any officer or employee thereof is responsible for any injury, damage, or, liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under this agreement. It is understood and agreed that CITY will fully defend, indemnify, and save harmless AUTHORITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under, this agreement. 5. Notices Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Cooperative Funding Agreement SCTAI 1012 City of Petaluma Page 4 of 11 Contract No. SCTA11012 To CITY: Vincent Marengo Director of Public Works City of Petaluma 11 English Street, Petaluma CA 94592 (707) 778 -4467 vmarengo @ci.petaluma.ca.us To AUTHORITY: Suzanne Smith Executive Director Sonoma County Transportation. Authority 490 Mendocino Avenue, Suite 206 Santa Rosa, CA 95401 (707) 565 -5373 suzsn 6. Additional Acts and Documents Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 7. Integration This Agreement represents the entire; agreement of the parties With respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been,made by any of the parties except as expressly set forth herein, or in other contemporaneous written. agreements. 8. Amendment This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral -modification of this Agreement shall be void and of no effect. 9. Independent Agencies -CITY renders its services under this Agreement as an independent agency. None of the CITY's agents or employees shall be agents or employees of the AUTHORITY. AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY's agents or employees shall be agents or employees of the CITY. 10. Assignment The Agreement may not be assigned, transferred,- hypothecated, or pledged by any party without the express written consent of the other party. 11 Successors This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the. AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. Cooperative Funding Agreement SCTA 11012 City of Petaluma Page 5 of 11 Contract No. SCTA 11012 12. Severability _ Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect, provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 13. Limitation All obligations of AUTHORITY under the terms of this Agreement are expressly subject to AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by Measure M. If for any reason AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action. If, after twenty -five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes. Cooperative Funding Agreement SCTA1 1012 City of Petaluma Page 6 of 1 ] .� Contract No. SCTA 11012 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF SONOMA COUNTY TRANSPORTATION AUTHORITY By: By: City Manager SCTA Chair ATTEST: APPROVED AS TO SUBSTANCE: By: By: City Clerk Executive Director APPROVED AS TO LEGAL FORM FOR CITY: By: By: City Attorney Legal Counsel Authority APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director Cooperative Funding Agreement SCTA 1 1012 City of Petaluma Page 7 of 11 I Contract No. SCTA11012 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY TRANSPORTA'T'ION AUTHORITY AND CITY OF PETALUMA EXHIBIT A DESCRIP'T'ION OF THE PROJECT Design a new six -lane structure to allow the undercrossing of US 101 for Rainier Avenue as part of the MSN C2 project. The Undercrossing Structure shall not preclude a future interchange at this location. Exhibit A Cooperative Funding Agreement SCTA11012 City of Petaluma Page 8 of 11 I I Contract No. SCTA11012 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF PETALUMA F,XHiRIT R PROJECT FINANCIAL PLAN Funding Plan lan by Fund Source and Development Phase (Funds in Thousands) for the Rainier Avenue Undercrossing Structure FUND PS &E TOTAL SOURCE CITY $498 $498 (100 %) TOTAL $498 $ $498 100% Exhibit B Cooperative Funding Agreement SCTA11012 City of Petaluma Page 9 of 11 Contract No. SCTA1'1012 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY - TRANSPORTATION AUTHORITY AND CITY OF PETALUMA EXHIBIT C PROJECT SCHEDULE Project: Development Phase Begin End Environmental (P ED) Complete Complete Environmental Revalidation 12/1/2110 6/1/2011 Design PS &E A r 2009 Mar 2012 *Right of Way Acquisition ROW: TBD TBD "Advertise, Award, A rove' AAA TBD TBD *Construction CON TBD TBD * .Right of Way Capital and Construction Capital funding have not yet been identified for the MSN C2 project therefore the schedule at this time is unknown. Exhibit C Cooperative Funding Agreement SCTA11012 City of Petaluma Page 10 of 11 Contract No. SCTA11'012 COOPERATIVE FUNDING AGREEMENT BETWEEN THE "SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF PETALUMA EXHIBIT D RESPONSIBILITIES OF THE PARTIES Table D -1 Responsible Implementing Agency by Development Phase Project Activity IMP ementing A enc Caltrans Authority ci Environmental (P.AED) MSN Project X Environmental Revalidation for Rainier Undercrossing Structure X Environmental Clearance for _Rainier Cross Town Connector X Design (PS &E) for MSN C2 including Rainier Undercrossing Structure . X Right of Way Engineering and, Support for MSN C2 including Rainier Und_ercrossing Structure X *Right of Way Capital X *Advertise, Award, Approve (AAA) X * I Right of Way Capital and Construction Capital funding have not. yet .been identified for the MSN C2 project therefore implementing agency cannot yet be assigned. Exhibit D Cooperative Funding Agreement SCTA 11012 City of Petaluma Page 11 of 11 ATTACHMENT 2 RESOLUTION NO. 2010-02 PETALUMA COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS- TOWN CONNECTOR PROJECT C00501204, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into an agreement with a consultant to prepare the plans, specifications and construction estimate for the Morin Sonoma Narrows C -2 HOV Widening Project (MSN C -2 Project) through Petaluma; and, WHEREAS, the Rainier Avenue Interchange /Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN C -2 Project; and, WHEREAS, the Rainier Avenue Interchange /Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C -2; and, WHEREAS, it is recognized that the Rainier Avenue Interchange /Cross Town Connector and Undercrossing of US 101 Project is in the Cify of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange, independent element 1, and Cross Town Connector, including undercrossing of US 101, independent element 2) and still meet the intent of the General Plan, and, WHEREAS, Caltrans has stated their support for the Rainier Avenue Cross Town Connector Project (element 2) ( "the Project "), and staff anticipates a letter of concurrence by the time City Council convenes; and, WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), and the City agree that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document for the Project as an independent element (2), the design of the undercrossing structure can be incorporated into SCTA's design of the MSN C -2 Project; and, WHEREAS, incorporation of the undercrossing structure component concurrently into the design of SCTA's MSN C -2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration: and, WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other PCDC Resolution No. 2010 -02 Page 1 �. improvements that are publicly owned either within or without the project area, subject to certain specified findings being made; and, WHEREAS, the Project is funded from $3M City /PCDC; and, WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be given and the following findings must be made in accordance with California Health and Safety Code Section 33445: 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements is available to the community; and 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency; and, WHEREAS, by Resolution No. 2010 -008 N.C.S. adopted January 4, 2010, the City Council of the City of Petaluma has adopted findings concerning the Project under California Health and Safety Code Section 33445 and consented to use of PCDC funds for the Project; and, WHEREAS, the Petaluma Community Development Commission ("PCDC ") Five -Year Implementation Plan ( "Implementation Plan ") for the Central Business District ( "CBD ") and Petaluma Community Development ( "PCD ") areas (collectively, the "Project Areas "), approved by the PCDC on June 11, 2007, provides for the transfer of certain specified tax increment funds for the purpose of funding roadway reconstruction and related improvements as more particularly described in the Implementation Plan, including the Project; and, WHEREAS, the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate private investment and revitalization of the Project Areas by alleviating impediments to circulation and access that deter revitalization; and, WHEREAS, City staff is aware of no other source of funds reasonably available to undertake the City's share of funding for the public improvements, as the only other source available for such purpose would be City general fund revenues which are committed for the provision of essential services such as police and fire services: and, WHEREAS, payment of funds for the public improvements will assist in the elimination of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both PCDC Resolution No. 2010 -02 Page 2 i G McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, THEREFORE, BE IT RESOLVED, by the Board of the Petaluma Community Development Commission as follows: ] . Based ,upon the foregoing recitals, which are declared to be true and, correct and hereby incorporated herein as findings of the Petaluma Community Development Commission Board, the Board finds in accordance with California Health and Safety Code section 33445 and other applicable law that (i) the expenditure of tax increment funds to undertake the public improvements and the Project as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means, of financing the public improvements and the Project is reasonably available, (iii) completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas. 2. The Petaluma Community Development Commission Board hereby authorizes contribution of $3M from PCDC to account 5530- Merged - Project Area- C00501204 (as scheduled in Exhibit A, attached to this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project. ADOPTED this 4th day of January, 2010, by the following vote: Commissioner Aye No Absent Abstain Barrett X Vice Chair Glass X Harris X Healy X Rabbitt X Renee X Chair Torliatt X l / Pamela( orliatt, Chair PCDC Resolution No. 2010 -02 Page 3 L q ATTEST: C Claire Cooper, CMC, Recording Secretary APPROVED Af TO FWM: Eric Danly, Generakl�ounsel PCDC Resolution No. 2010 -02 Page 4 I. EXHIBIT A TO PCDC RESOLUTION 201.0 -01 Rainier Avenue Cross Town Connector and Undercrossing of US 101 Project C00501204 Estimated Time Preli inary Project Cost Estimate Schedule Est'd. Est'd. FY Dollars When Cost Est. ($000) Needed Dollars Task $000 Needed FY -FY Project Study Report PSR 80 none 09 -10 01/20010 — 04/20010 Project Approval and Environmental Document PA &ED 880 none 09 -10 1 01/2010 - 06/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS &E) for MSN C-2 Pro 498 none 09/10 01/2010 — 1 Total Project Cost 1 $1,449 1 $1,449 Funds Available Funds budgeted Allocated and encumbered PCDC Fund Funds available Total cost to prepare the PSR, Environmental Document and design of the undercrossing structure for MSN C -2 I Project Cost As of July 1, 2009 ($000) 3,000 1,330 1,670 $ 1,449 $2,779 PCDC Resolution No. 2010 -02 Page 5 I Resolution No. 2010 -009 N.C.S. of the City of Petaluma, Califomia RESOLUTION AUTHORIZING PROCEEDING WITH A PROJECT STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR, WHICH INCLUDES AN UNDERCRO.SSIN:G ON . US 101 FOR THE EXTENSION OF RAINIER AVENUE (INDEPENDENT ELEMENT 2); CONTINUE TO PURSUE APPROVAL OF THE PROJECT STUDY REPORT FOR: THE RAINIER AVENUE INTERCHANGE PROJECT SEPARATELY AND CONCURRENTLY WITH THE PROJECT.STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR PROJECT; PROCEEDING WITH THE ENVIRONMENTAL DOCUMENT PREPARATION (INDEPENDENT ELEMENT 2); AND CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS FOR TIIE RAINIER CROSS -TOWN CONNECTOR PROJECT C00501204, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into an . agreement with a consultant to prepare the plans, specifications and construction estimate for the Marin Sonoma Narrows C -2 I-10V Widening Project (MSN C-2 Project) through Petaluma; and WHEREAS, the Rainier Avenue Interchange /Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN 'C -2 Project; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C -2; and WHEREAS, it is recognized that the Rainier Avenue Interchange /Cross Town Coruiector and Undercrossing of US 101 Project is in the City of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange independent element 1, and Cross Town Connector, including undercrossing of US 101 - independent element 2) and still meet the intent of the General Plan; and WHEREAS. Caltrans has stated their support for the Rainier ,Avenue Cross Town Connector Project (element 2) ( "the Project "), and'staff anticipates a letter of concurrence by the time City Council convenes; and Resolution No. 2010 -009 N.C.S. Page 1 WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), and the City agree that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document for the Project as an independent element (2), the design of the undercrossing structure can be incorporated into SCTA's design of the MSN C -2 Project; and WHEREAS, incorporation of the undercrossing structure component concurrently into the design of SCTA's MSN C -2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration; and WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other improvements that are publicly owned either within or without the project area, subject to certain specified findings being made; and WHEREAS, the Project is funded from $3M City /PCDC; and WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be given and the following findings must be made in accordance with California Health and Safety Code Section 33445: 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements is available to the community; and 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency; and WHEREAS, the Petaluma Community Development Commission ( "PCDC ") Five -Year Implementation Plan ( "Implementation Plan ") for the Central Business District ( "CBD ") and Petaluma Community Development ( "PCD ") areas (collectively, the "Project Areas "), approved by the PCDC on June 11, 2007, provides for the transfer of certain specified tax increment funds for the purpose of funding roadway reconstruction and related improvements as more particularly described in the Implementation Plan, including the Project; and Resolution No_ 2010 -009 N.C.S. Page 2 WHEREAS, the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate private investment and revitalization of the Project Areas by alleviating impediments to circulation and access that deter revitalization; and WHEREAS, City staff is aware of no other source of funds reasonably available to undertake the City's share of funding for the public improvements, as the only other source available for such purpose would be .City general fund revenues which are committed for the provision of essential services such as police and fire services; and WI-YEREAS, payment of funds for the public improvements will assist in the elimination of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. Preparation of a PSR and an environmental document for the Rainier Avenue Cross Town Connector Project C00501204 (independent element 2) is approved. 2. Continue to pursue approval of the PSR for the Rainier Avenue Interchange Project separately and concurrently with the PSR for the Rainier Avenue Cross Town Connector Project. 3. Based upon the foregoing recitals, which are declared to be true and correct and hereby incorporated herein as findings of the Petaluma City Council, the City Council finds in accordance with California Health and Safety Code section 33445 and other applicable 'law that (i) the expenditure of tax increment funds to.undertake the public improvements and the Project as set forth 'in this Resolution and the .Implementation Plan will be of benefit to the Project Areas, (ii) no other. reasonable means of financing the public improvements and the Project is reasonably available, (iii) completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas. Resolution No. 2010 -009 N.C.S. Page 3 22 4. The City Council hereby consents to contribution of $3M from PCDC to account 5530 - Merged Project Area- C00501204 (as scheduled in Exhibit A, attached to this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project. Under the power and authority conferred upon this Council by the Charter of said City_ REFERENCE: AYES: NOES: ABSENT: ABSTAIN ATTEST: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 4' day ot'January, 2010, by the following vote: Barrett, Vice Mayor Glass, Hams, Healy, Rabbitt, Renee, Mayor Torliatt None None None b _> City Clerk C Mayor Resolution No. 2010 -009 N.C.S. Page 4 23 EXHIBIT A Rainier Avenue Cross Town Connector and, Undercrckssing of US 101 Project C00501204, Estimated Time Preliminary Project Cost Estimate Schedule Est'd. Est'd. FY Dollars When Cost Est. ($000) Needed Dollars Task ($000) Needed FY -FY Project Study Report PSR 80 none 09 -10 01/20010 — 04/20010 Project Approval and Environmental Document PA &ED 880. none 09 -10 01/2010 — 0612011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS &E) for MSN C -2 Project 498 none 09/10 01/2010 — 12/2011 Total Project Cost $1,449 $1,449 Funds Available Funds budgeted Allocated and encumbered PCDC Fund Funds available Total cost to prepare the PSR, Environmental. Document and design of the undercrossing structure for MSN C -2 Total Project Cost As of July 1, 2009 ($ _ ... _ _... 3,000 1,330 1,670 $ 1,449 $2,779 Resolution No. 2010 -009 N.C.S. Page 5 Resolution No. 2010-009 N.C.S. EXHIBIT of the City of Petaluma, California 3®T WIVB& RESOLUTION AUTHORIZING PROCEEDING WITH A PROJECT STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR, WHICH INCLUDES AN UNDERCROSSING ON US 101 FOR THE EXTENSION OF RAINIER AVENUE (INDEPENDENT ELEMENT 2); CONTINUE TO PURSUE APPROVAL OF THE PROJECT STUDY REPORT FOR THE RAINIER AVENUE INTERCHANGE PROJECT SEPARATELY AND CONCURRENTLY WITH THE PROJECT STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR PROJECT; PROCEEDING WITH THE ENVIRONMENTAL DOCUMENT PREPARATION (INDEPENDENT ELEMENT 2); AND CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS-TOWN CONNECTOR PROJECT C00501204, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into an agreement with a consultant to prepare the plans, specifications and construction estimate for the Marin Sonoma Narrows C-2 HOV Widening Project (MSN C-2 Project) through Petaluma; and WHEREAS, the Rainier Avenue. Interchange/Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN C-2 Project; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C-2; and WHEREAS, it is recognized that the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project is in the City of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange, independent element 1, and Cross Town Connector, including undercrossing of US 101, independent element 2) and still meet the intent of the General Plan; and WHEREAS, Caltrans has stated their support for the Rainier Avenue Cross Town Connector Project (element 2) ("the Project"), and staff anticipates a letter of concurrence by the time City Council convenes; and Resolution No. 2010-009 N.C.S. Page 1 WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), and the City agree that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document for the Project as an independent element (2), the design of the undercrossing structure can be incorporated into SCTA's design of the MSN C-2 Project; and WHEREAS, incorporation of the undercrossing structure component concurrently' into the design of SCTA's MSN C-2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration; and WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation, and construction of any building, facility, structure, or other improvements that are publicly owned either within or without the project area, subject to certain specified findings being made; and WHEREAS, the Project is funded from $3M City/PCDC; and WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be given and the following findings must be made in accordance with California Health and Safety Code Section 33445: 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements -is available to the community; and 3. That the payment of funds for the cost. of the improvements will assist in the elimination of one or more blighting condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency; and WHEREAS, the Petaluma Community Development Commission ("PCDC") Five -Year Implementation Plan ("Implementation Plan") for the Central Business District ("CBD") and Petaluma Community Development ("PCD") areas (collectively, the "Project Areas"), approved by the PCDC on June 11, 2007, provides for the transfer of certain specified tax increment funds for the purpose of funding roadway reconstruction and related improvements as more particularly described in the Implementation Plan, including the Project; and Resolution No. 2010-009 N.C.S. Page 2 WHEREAS, the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate private investment and revitalization of the Project Areas by alleviating impediments to circulation and access that deter revitalization; and WHEREAS, City staff is aware of no other source of funds reasonably available to undertake the City's share of funding for the public improvements, as the only other source available for such purpose would be City general fund revenues which are committed for the provision of essential services such as police and fire services; and WHEREAS, payment of funds for the public improvements will assist in the elimination of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows; 1. Preparation of a PSR and an environmental document for the Rainier Avenue Cross Town Connector Project C00501204 (independent element 2) is approved. 2. Continue to pursue approval of the PSR for the Rainier Avenue Interchange Project separately and concurrently with the PSR for the Rainier Avenue Cross Town Connector Project. 3. Based upon the foregoing recitals, which are declared to be true and correct and hereby incorporated herein as findings of the Petaluma City Council, the City Council finds in accordance with California Health and Safety Code section 33445 and other applicable law that (i) the expenditure of tax increment funds to undertake the public improvements and the Project as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the public improvements and the Project is reasonably available, (iii) completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas, Resolution No. 2010-009 N.C.S.. Page 3 4. The City Council hereby consents to contribution of $3M from PCDC to account 5530 - Merged Project Area -C00501204 (as scheduled in Exhibit A, attached to this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 4'h day of January, 2010, by the following vote: AXES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, RenBe, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Resolution No. 2010-009 N.C.S. Page 4 Rainier Avenue Cross Town Connector and Undercrossing of US 101 Project C00501204 Estimated Time Preli Mary Project Cost Estimate Schedule. Est'd. Est'd. FY Dollars When Cost Est. ($000) Needed Dollars Task $000 Needed FY -FY Project Study Report PSR 80 none 09-10 01/20010 — 04/20010 Project Approval and Environmental Document PA&ED 880 none 09-10 01/2010 — 06/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS&E) for MSN C-2 Project 498 none 09/10 01/2010 — 12/2011 Total Project Cost $1,449 $1,449 I As of July 1, 2009 Funds Available— __ Funds budgeted _ _ _- _ 3,000 Allocated and encumbered PCDC Fund 1,330 Funds available 1,670 Total cost to prepare the PSR, Environmental Document and design of the undercrossing structure for MSN C-2 $ 1,449 Total Project Cost $2,779 Resolution No. 2010-009 N.C.S. Page 5 RESOLUTION NO. 2010-02 EXHIBI"r F 101''HiTA'"63 VP�' �� .` v, WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into- an agreement with a consultant to prepare the plans, specifications and construction estimate for the Marin Sonoma Narrows C-2 HOV Widening Project (MSN C-2 Project) through Petaluma; and, WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN C-2 Project; and, WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C-2; and, WHEREAS, it is recognized that' the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project is in the City of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange, independent element 1, and Cross Town Connector, including undercrossing of US 101, independent element 2) and still meet the intent of the General Plan; and, WHEREAS, Caltrans has stated their support for the Rainier Avenue Cross Town Connector Project (element 2) ("the Project"), and staff anticipates a letter of concurrence by the time City Council convenes; and, WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), and the City agree that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document for the Project as an independent element (2), the design of the undercrossing structure can be incorporated into SCTA's design of the MSN C-2 Project; and, WHEREAS, incorporation of the undercrossing structure component concurrently into the design of SCTA's MSN C-2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration: and, WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other PCDC Resolution No. 2010-02 Page 1 improvements that are publicly owned either within or without the project area, subject to certain specified findings being made; and, WHEREAS, the Project is funded from $3M City/PCDC; and, WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be given and the following findings must be made in accordance with California Health and Safety Code Section 33445; 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements is available to the community; and 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency; and, WHEREAS, by Resolution No. 2010-008 N.C.S. adopted January 4, 2010, the City Council of the City of Petaluma has adopted findings concerning the Project under California Health and Safety Code Section 33445 and consented to use of PCDC funds for the Project; and, WHEREAS, the Petaluma Community Development Commission ("PCDC") Five -Year Implementation Plan ("Implementation Plan") for the Central Business District ("CBD") and Petaluma Community Development ("PCD") areas (collectively, the "Project Areas"), approved by the PCDC on June 11, 2007, provides for the transfer of certain specified tax increment funds for the purpose of funding roadway reconstruction and related improvements as more particularly described in the Implementation Plan, including the Project; and, WHEREAS, the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate private investment and revitalization of the Project Areas by alleviating impediments to circulation and access that deter revitalization; and, WHEREAS, City staff is aware of no other source of funds reasonably available to undertake the City's share of funding for the public improvements, as the only other source available for such purpose would be City general fund revenues which are committed for the provision of essential services such as police and fire services; and, WHEREAS, payment of funds for the public improvements will assist in the elimination of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both PCDC Resolution No. 2010-02 Page 2 McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, THEREFORE, BE IT RESOLVED, by the Board of the Petaluma Community Development Commission as follows: 1. Based upon the foregoing recitals, which are declared to be true and correct and hereby incorporated herein as findings of the Petaluma Community Development Commission Board, the Board finds in accordance with California Health and Safety Code section 33445 and other applicable law that (i) the expenditure of tax increment funds to undertake the public improvements and the Project as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the public improvements and the Project is reasonably available, (iii) completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas. 2. The Petaluma Community Development Commission Board hereby authorizes contribution of $3M from PCDC to account 5530 -Merged Project Area -C00501204 (as scheduled in Exhibit A, attached to this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project. ADOPTED this 4th day of January, 2010, by the following vote: Commissioner Aye No Absent Abstain Barrett X Vice Chair Glass X Harris X Healy X Rabbitt X Renee X Chair Torliatt X Pamela(Torliatt, Chair PCDC Resolution No. 2010-02 Page 3 ATTEST; Claire Cooper, CMC, Recording Secretary APPROVED T F M: Eric Danly, Genera our PCDC Resolution No. 2010-02 Page 4 EXHIBIT A TO PCDC RESOLUTION 2010-01 Rainier Avenue Cross Town Connector and Undercrossing of US 101 Project C00501204 Estimated Time Preli !nary Project Cost Estimate Schedule Est'd. Est'd. FY Dollars When Cost Est. ($000) Needed Dollars Task $000 Needed FY -FY Project Study Report PSR 80 none 09-10 01/20010 — 04/20010 Project Approval and Environmental Document PA&ED 880 none 09-10 01/2010 — 06/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS&E) for MSN C-2 Project 498 none 09/10 01/2010 --12/2011 Total Project Cost $1,449 $1,449 Funds Available Funds budgeted Allocated and encumbered PCDC Fund Funds available Total cost to prepare the PSR, Environmental Document and design of the undercrossing. structure for MSN C-2 Total Project Cost As of July 1, 2009 ($000) 3,000 1,330 1,670 $ 1,449 $2,779 PCDC Resolution No. 2010-02 Page 5