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HomeMy WebLinkAboutResolution 2022-126 N.C.S. 08/01/2022 Resolution No. 2022-126 N.C.S. Page 1 Resolution No. 2022-126 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE FUNDING AGREEMENT (MEASURE M) BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) AND THE CITY OF PETALUMA FOR INITIAL PLANNING AND CONCEPT DESIGNS OF BICYCLE AND PEDESTRIAN ACCESS ACROSS HIGHWAY 101 AT THE CORONA ROAD BRIDGE AND THE MCKENZIE AVENUE PEDESTRIAN BRIDGE WHEREAS, SCTA and the City of Petaluma would like to enter into a cooperative funding agreement to define the framework to enable the two parties to work cooperatively in allocating funding for safety and connectivity improvements for active transportation across Highway 101; and WHEREAS, a Cooperative Agreement specified that AUTHORITY shall distribute Measure M funds for Bicycle and Pedestrian Projects Program Improvements; and WHEREAS, the City of Petaluma has connectivity gaps for bicyclists and pedestrians to safely cross Highway 101, which bisects the city into east and west communities; and WHEREAS, this action is not a “project” pursuant to the California Environmental Quality Act (“CEQA”) as entering a cooperative agreement which will be used for studying and design of two street crossings does not result in any environmental impact; and WHEREAS, if the design is completed and the City were to bid on the construction, that “project” would likely be categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) pursuant to Article 19, Section 15301(c), of Title 14 of the California Code of Regulations (“CEQA Guidelines”), because the Project consists of the repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of existing or former use, including sidewalks and gutters, as the sidewalk, curb ramp and related improvements will repair and maintain existing pedestrian travel ways and related facilities without changing the use of those facilities, and therefore there is negligible or no expansion of use beyond what currently exists, and there are no cumulative impacts, unusual circumstances, or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2. NOW, THEREFORE, BE IT RESOLVED, that the Petaluma City Council: 1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that This action is not a “project” pursuant to the California Environmental Quality Act (“CEQA”) as entering a cooperative agreement which will be used for studying and design of two street crossings does not result in any environmental impact. However, once the design is completed and the City were to bid on the construction, that “project” would likely be categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) pursuant to Article 19, Section 15301(c), of Title 14 of the California Code of Regulations (“CEQA Guidelines”), because the Project consists of the repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of existing or former use, including sidewalks and gutters. The sidewalk, curb ramp and related improvements will repair and maintain existing pedestrian travel ways and related facilities without changing the use of those facilities. Accordingly, there is negligible or no expansion of use beyond what currently exists, and there are no cumulative impacts, unusual DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Resolution No. 2022-126 N.C.S. Page 2 circumstances, or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2. 3. Authorizes the City Manager to execute a Cooperative Agreement for Active Transportation Crossings of Highway 101 to the Measure M Cooperative Funding Agreement Between the City of Petaluma and SCTA, a draft of the Agreement is attached hereto as Exhibit A. 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 1st of August 2022, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C EXHIBIT A COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF PETALUMA This Agreement is made and entered into as of __________________________, 2022 (“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 adopted that certain 2022 Strategic Implementation Plan that sets forth AUTHORITY’s program and project implementation policies with regard to the use of funds provided under the 2004 Traffic Relief Act for Sonoma County Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 2, 2004 (hereinafter referred to as “Measure M”). The 2022 Strategic Implementation Plan as such plan may be amended from time to time is hereinafter referred to as the “Strategic Implementation Plan”. 2. Pursuant to the Strategic Implementation Plan and Measure M, 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 transportation improvements to improve Access Across 101 in Sonoma County (hereinafter referred to as “Bicycle and Pedestrian Projects Program Improvements”). 3. In connection with the Bicycle and Pedestrian Projects Program Improvements, CITY desires to complete Access Across 101 in the form of a feasibility study, as more particularly described in Exhibit A to this Agreement (hereinafter referred to as the “Project”). 4.CITY has submitted a financial plan and schedule for completion of the Project which is attached hereto as Exhibit B (hereinafter referred to as the “Project Plan”). 5. Pursuant to the Strategic Implementation Plan and Measure M, AUTHORITY is committed to make available up to $250,000 in 2004 dollars to assist with the Project. NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows: SECTION I DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _Petaluma__________ Page 2 of 14 CITY AGREES: 1.City Contribution. To provide at least $50,000 (2004 dollars) in local funds [or other City contribution] towards the Project. 2. Project Completion. To timely complete the Project in accordance with the deadlines set forth in the Project Plan. 3. Invoices. Should CITY desire reimbursement of its expenses in connection with this Agreement, CITY shall do so by requesting a specific appropriation of Measure M funding by submitting to AUTHORITY a Request for Funding Appropriation in the form attached hereto as Exhibit C (hereinafter referred to as “Appropriation Request”). Once an Appropriation Request is approved by AUTHORITY, CITY may submit to AUTHORITY invoices for reimbursements for expenses authorized under the terms of this Agreement and an approved Appropriation Request. Invoices shall be submitted to AUTHORITY no more frequently than monthly, and no less frequently than every six months following initial appropriation, provided however that if CITY is unable to invoice in this time frame a written request for time extension shall be provided or the funds may be deobligated. Invoices shall be in a form reasonably acceptable to AUTHORITY’s Executive Director. 4. Compliance with Laws. With regard to administering and completing 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. Reporting Requirements. To provide annual updates on the PROJECT to AUTHORITY in the form attached hereto as Exhibit D. SECTION II AUTHORITY AGREES: 1. Reimbursement of CITY Expenses. Consistent with its Strategic Implementation Plan, to make available Measure M funds (currently set at $250,000 in 2004 dollars) to DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _Petaluma__________ Page 3 of 14 assist with the Project. AUTHORITY shall process CITY invoices within forty-five (45) days of receiving an invoice in a form reasonably acceptable to AUTHORITY’s Executive Director. 2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted. SECTION III IT IS MUTUALLY AGREED: 1. Funding Availability and Needs. The funding available to the Project for expenditure is limited by the funds identified in Exhibit B and to approved appropriations by the SCTA Board. If funds beyond those identified in Exhibit B are necessary to complete the Project, AUTHORITY will cooperate with CITY to identify and secure new or increased fund commitments; however, completion of the Project remains the responsibility of CITY. 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. If the Agreement is cancelled by AUTHORITY because CITY has failed to wholly or partially complete the Project, AUTHORITY may, at its option, demand repayment of all unexpended funds and funds determined by audit not to have been expended as provided for in this Agreement, with interest accrued thereon as would have accrued had such funds been invested in the Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from any other Measure M funds due CITY. b. By mutual consent of both parties, this Agreement may be terminated at any time. Upon termination by mutual consent, CITY shall repay to AUTHORITY any DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _Petaluma__________ Page 4 of 14 unexpended funds originally provided to CITY under this Agreement, and any interest that has accrued thereon. 4. Indemnity. CITY agrees to accept all responsibility for loss or damage to any person or entity, including but not limited to AUTHORITY, and to defend, indemnify, hold harmless, reimburse and release AUTHORITY, its officers, agents, employees, successors and assigns from and against any and all actions, claims, damages, disabilities, liabilities and expense including, but not limited to attorneys’ fees and the cost of litigation incurred in the defense of claims as to which this indemnity applies or incurred in an action by AUTHORITY to enforce the indemnity provisions herein, whether arising from personal injury, property damage or economic loss of any type, that may be asserted by any person or entity, including CITY, arising out of or in connection with the receipt or use of funds provided pursuant to this Agreement, whether or not there is concurrent negligence on the part of AUTHORITY, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of AUTHORITY. If there is a possible obligation to indemnify, CITY’s duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. AUTHORITY shall have the right to select its own legal counsel at the expense of CITY, subject to CITY’s approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CITY or its agents under workers’ compensation acts, disability benefits acts, or other employee benefit acts. 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. To CITY: City Manager City of Petaluma 11 English St Petaluma, CA 94952 To AUTHORITY: Executive Director Sonoma County Transportation Authority 411 King St Santa Rosa, CA 95404 (707) 565-5373 suzanne.smith@scta.ca.gov 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 DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _Petaluma__________ Page 5 of 14 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 Agency. 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. 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. 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 DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _Petaluma__________ Page 6 of 14 obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF PETALUMA SONOMA COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: ____________________________ Mayor SCTA Chair ATTEST: APPROVED AS TO SUBSTANCE: By: ____________________________ By: ____________________________ Executive Director APPROVED AS TO LEGAL FORM FOR CITY: By: ____________________________ By: ____________________________ City Attorney Legal Counsel Authority DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of_______ Exhibit A Page 7 of 14 COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND EXHIBIT A DESCRIPTION OF THE PROJECT The City of Petaluma Capital Improvement Program (CIP) budget for FY 22/23 approved by Council included work to provide safe active transportation connectivity across Highway 101. The project will provide a Feasibility Study and Alternatives Concept Plan for safer Petaluma east-west bicycle and pedestrian crossings over Highway 101 at Corona Road and McKenzie Ave. Connectivity east of Corona Road bridge will soon be enhanced with the planned SMART Station MUP and the N. McDowell Blvd. Complete Streets CIP project active transportation improvements. The proposed study of this bridge will focus on further enhancing connectivity in this area and improving safety. The initial study would include exploration of options in coordination with SCTA and Caltrans, as well as community and stakeholder outreach for feedback on priorities and options. The second crossing to be studied is the McKenzie Ave. pedestrian bridge south of the East Washington interchange (at East Washington Place shopping center). This pedestrian bridge study will focus on alternative solutions to address ADA and safe access at the McKenzie Ave. (east) terminus as well as accessible connectivity to transit. Safety improvements to the overall span will also be considered in this assessment. DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _______ Exhibit B Page 8 of 14 COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND EXHIBIT B FINANCIAL PLAN AND SCHEDULE (2004 Dollars) Project Development Phase Begin (MO/YR) End (MO/YR) Scoping FY22/23 FY22/23 Environmental (PAED) FY22/23 FY23/24 Design (PSE) FY22/23 FY23/24 Right of Way (R/W) Advertise, Award, Approve Construction (CON) Fiscal Year Prior FY22/23 FY23/24 FY24/25 FY25/26 Measure M $0 Local Total $100 $200 DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _______ Exhibit C Page 9 of 14 COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND EXHIBIT C REQUEST FOR FUNDING APPROPRIATION Appropriation Request should be submitted on City (or County) Letterhead. Date SCTA Chair Sonoma County Transportation Authority 411 King St Santa Rosa, CA 95404 FUNDING APPROPRIATION REQUEST PROJECT NAME Initial Planning and Concept Designs of Bicycle and Pedestrian access across Highway 101 at Corona Road Bridge and the McKenzie Avenue Pedestrian Bridge AGREEMENT NO. _________________________ Dear SCTA Chair: The City of Petaluma hereby requests that the Sonoma County Transportation Authority (SCTA) take action to appropriate funds at its next Board meeting for the Initial Planning and Concept Designs of Bicycle and Pedestrian access across Highway 101 at Corona Road Bridge and the McKenzie Avenue Pedestrian Bridge. The City has entered into a cooperative funding agreement with the SCTA (Cooperative Agreement No. (number of agreement)) and is ready to begin work on the (name of development phase) phase of the project. Below is the specific appropriation request information. Project Name & Description: Initial Planning and Concept Designs of Bicycle and Pedestrian access across Highway 101 at Corona Road Bridge and the McKenzie Avenue Pedestrian Bridge Project Category: Bicycle/Pedestrian Project Phase Development Phase of this Appropriation: Scoping for improved bicycle and pedestrian access across Highway 101 Amount of Measure M Appropriate Request: $250k Amount of Local Funding Match: $50k Sources of Local Funding Match: Street Maintenance Total Project Cost: $300k The current schedule for the (name of project) is as follows: Project Development Phase Begin Complete Scoping FY22/23 FY22/23 DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _______ Exhibit C Page 10 of 14 Environmental (PAED) FY22/23 FY23/24 Design (PSE) FY22/23 FY23/24 PS&E date date Construction date date Thank you for your consideration. Sincerely, Peggy Flynn City Manager cc: DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _________ Exhibit D Page 11 of 14 COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND EXHIBIT D PROJECT REPORTING LETTER PROJECT SPONSOR LETTERHEAD Please refer to the Reporting Instructions and Submittal Requirements before sending your completed Annual Reporting Letter to the SCTA. The Annual Reporting Letter is due to the SCTA by September 15. Date Sonoma County Transportation Authority 411 King Street Santa Rosa, CA 95404 Local Streets Rehabilitation Program (LSR) - Annual Reporting Letter – FY _______ Dear SCTA Chairman: The City of / Town of/ County of ___________ is pleased to present information related to Measure M funding for the above referenced program for FY __________ Reported: Local Streets Rehabilitation allocation expenses in this fiscal year included the following: A.FY Reported Allocations -$ B.Unspent Prior Allocations -$ C.Interest earned on Unspent Prior Allocations -$ D.Total Funding Available in FY Reported -$ E.Total Funding Spent in FY Reported -$ F.Total Measure M Rollover to Next FY -$ DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _________ Exhibit D Page 12 of 14 G.Overlay Program -$ H.Maintenance Program -$ I.ITS -$ J.Traffic Calming -$ K.Other -$ L.Total Funding Spent in FY Reported -$ Description of Measure M Expenditures on Local Streets Maintenance M. Describe work done with Local Streets Rehabilitation Funding on such work as overlays, general maintenance, pothole repair, ITS, and traffic calming. (insert text below table) Street/Road/Location Treated Total Length PCI Before/After Please enter any further description of project or work completed here: N. Describe how bicycle/pedestrian needs were considered? Report on Public Information Requirements O. Did you display the Measure M logo on signs at the construction site or on vehicles? Please enclose picture. P. Did you provide digital pictures of projects before, during and after construction? Q. Did you identify Measure M on your web site? Please provide link. R. Did you include SCTA and Measure M in any public outreach? S. Please Identify Measure M funding benefits and discuss how Measure M funds assisted in delivering your program. T. Has there been a change in your total road miles in the Pavement Management Program? Please explain. To meet our reporting requirements, we are submitting an original signed copy on our letterhead. In addition, we have also emailed an electronic copy to the SCTA. We have sent electronic format photographs in jpeg file format. If you have any questions regarding this program information, please contact: DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _________ Exhibit D Page 13 of 14 Name: Phone: Email: Sincerely, SIGNATURE REQUIRED Name Title (City Manager, Public Works Director, District Director) DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C Cooperative Funding Agreement No. ____ City of _________ Exhibit E Page 14 of 14 COOPERATIVE FUNDING AGREEMENT NO._________ BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND EXHIBIT E RESPONSIBILITIES OF THE PARTIES Project Activity Responsibility State Authority City DocuSign Envelope ID: 902BDE59-7CF8-4E04-A6F2-7134F176DB7C