Title
RESOLUTION NO. 2017-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS, NO. 11-5203F15, BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER TO EXECUTE THE MASTER AGREEMENT AND ALL FUTURE PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
Prior to the receipt of Federal or State funds for any local Federal or State Aid project, the City and the State are required to enter into master agreements relative to terms and conditions and maintenance of the completed facilities. Tonight’s action will approve the updated master agreement (Master Agreement) and authorize the Director of Public Works and the City Engineer to execute the Master Agreement for Federal Aid projects as well as all future Program Supplements to the Master Agreement.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Federal legislation known as the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation program such as the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP), and the Highway Bridge Program (HBP) and others may be available for use on local transportation facilities of public agencies qualified to receive Federal and State funds. Before Federal or State aid will be made available for a specific program project, the local agency and State are required to enter into an agreement relative to terms and conditions and maintenance of the completed facility. The agreements are standard master agreements prepared by the State for execution by all participating local agencies. Supplements to the master agreement (Program Supplements) covering individual projects will be executed to implement specific projects. Said Program Supplements identify, among other things, the period of time that funding for the specific project is available.
The previous master agreement for Federal Aid Projects was approved in 2009 by Resolution Number 2009-035. Local-agency master agreements for Federal Aid Projects are occasionally updated and re-executed to account for changes in laws and policies. The updated master agreement, now before Council, would be valid for all local Federal or State Aid projects from now until another master agreement is administered. The master agreement, now before Council, includes provisions as follows:
1. Project Administration - General project administration procedures.
2. Rights of Way - Right of Way acquisition procedures.
3. Maintenance and Management - Provides for the maintenance and management of completed projects/facilities.
4. Fiscal Provisions - Project financing, payment of project costs, and reimbursement provisions.
5. Audits, Third Party Contracting, Records Retention and Reports - Audits, financial management system, and records retention.
6. Federal Lobbying Activities Certification - Requirements for City contracting certification.
7. Miscellaneous Provisions.
Approval of this resolution would authorize the Director of Public Works and the City Engineer to execute the Master Agreement for Federal Aid projects, as well as all future Program Supplements to the Master Agreement. This authorization, at the Department level, expedites the Federal grant administration process and reduces overall staff efforts and any potential scheduled delays.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Master Agreement and Program Supplements support the Strong and Secure Neighborhoods Strategic Goal and a Connected Community goal as they will allow the City to receive additional funding to allocate toward Capital Improvement Projects that increase safety for all modes of transportation and enhance the ADA accessible routes within the City.
CURRENT YEAR FISCAL IMPACT
Execution of the Master Agreement and Program Supplements will allow the City to be reimbursed for approved Federal and State Aid funded projects.
ONGOING FISCAL IMPACT
Execution of the Master Agreement and Program Supplements will also allow the City to be eligible for additional funding and reimbursement for future Federal and State projects.
ATTACHMENTS
1. Master Agreement Administering Agency-State Agreement for Federal-Aid Funded Projects (11-5203F15)
Staff Contact: Patrick Moneda, Sr. Civil Engineer, Department of Public Works