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CONSIDERATION OF APPROVING CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM
RESOLUTION NO. 2014-222 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AUTHORIZING THE TRANSFER OF FUNDS AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS, AND AMENDING THE FISCAL YEAR 2014/2015 BUDGET ACCORDINGLY (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and adopt the resolution.
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SUMMARY
Every quarter, local agencies are allowed to make budget adjustments to locally TransNet funded projects. The San Diego Association of Governments (SANDAG) has notified the local agencies that requests for the January 2015 amendment to the 2014 Regional Transportation Improvement Program (RTIP) may be submitted beginning October 24, 2014. Signed resolutions must be submitted to SANDAG by December 5, 2014. Staff recommends several adjustments to the TransNet allocations adopted as part of the 2014 RTIP.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity, consisting of approval to submit a funding request for various TransNet Projects to SANDAG, 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 necessary at this time. Although environmental review is not necessary at this time, once the scope of the individual projects proposed to be funded have been more specifically defined, environmental review will be required for each project and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
TransNet History and Regulations
The voters of San Diego County approved the TransNet Program as Proposition A in November 1987. This proposition enacted a half-cent increase in the countywide sales tax through 2008 to fund specified transportation programs and projects. One third of the revenues generated by the tax were allocated by SANDAG to the local agencies for local streets and roads purposes. These funds have been distributed to cities annually and programmed by cities into local projects.
In November 2004, 67 percent of County voters supported Proposition A, which extends TransNet from 2008 to 2048. The TransNet Extension Ordinance states that at least 70 percent of the funds allocated to local agencies for local road projects should be used to fund Congestion Relief (CR) projects. CR projects include the construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes. No more than 30 percent of TransNet funds allocated to local agencies for local road projects are permitted to be used for local street and road maintenance.
Projects included under the Congestion Relief portion of TransNet are required to accommodate travel by pedestrians and bicyclists in accordance with the TransNet Ordinance and Rule 20 of SANDAG Board Policy 31, "Accommodation of Bicyclists and Pedestrians". This rule states that "All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the cost of including bikeways and walkways would be excessively disproportionate to the need or probable use." Evaluating bicycle and pedestrian accommodation is required for all major reconstruction projects included under Congestion Relief under the 70-30 requirement. The decision not to provide for pedestrian and bicycle facilities in a construction or major reconstruction project must be made for good cause, such as severe topographic or biologic constraints, unreasonable cost, lack of sufficient right-of-way, or missing curb and gutter (for sidewalks). Cities may use a bicycle or pedestrian master plan adopted by the City Council and approved by SANDAG within the last five years to determine the appropriate means of accommodating bicyclists and pedestrians in a given project. Since Chula Vista's Bikeway Master Plan Update was adopted by the City Council on February 1, 2011, and the Pedestrian Master Plan was adopted on June 22, 2010, they qualify under this provision.
On May 6, 2014, Council adopted the Chula Vista portion of the 2014 RTIP through adoption of Resolution 2014-066 (Attachment 1). SANDAG provided the member agencies with the most recent version of the financial projection for Fiscal Years 2014-15 through 2018-19. This projection was used to plan the City's TransNet allocation program for the next five years. The 2014 RTIP was approved by the SANDAG Board of Directors on September 26, 2014 and is scheduled to be adopted by the Federal government on December 17, 2014.
The first amendment to the 2014 RTIP is scheduled for approval by the SANDAG Transportation Committee on January 16, 2015. Council resolutions and all project data must be submitted to SANDAG by December 5, 2014. Changes are proposed for the following projects as part of the first amendment.
Congestion Relief (CR) Projects
CHV41: West Side Transportation DIF (TF358)
This project is complete and closed out. The balance of $193,689 was transferred back into the TransNet fund to be reprogrammed. Tonight's action will acknowledge to SANDAG that this project has been completed and the funds reprogrammed.
CHV44: I-805, SR-54 and Otay Mesa Transportation System Improvements (TF344)
This project includes coordination with SANDAG for interchange modifications and improvements on I-805 for carpool (HOV) lanes. Phase I includes construction of a direct access ramp at East Palomar Street and this is the only phase under construction at this time. For Fiscal Year 2014-15, an additional $100,000 is needed to pay for construction inspection costs. The project is expected to be completed later this fiscal year. Funds will be transferred from CIP STM-383.
CHV48: Pavement Major Rehabilitation (STM373, STM379, STM383, SW266)
The Major Pavement Rehabilitation for FY14/15 (CIP STM383) will be reduced by tonight's action by $1,143,780. However, the funding will be restored out of the available balance of the TransNet fund later this fiscal year when STM383 is awarded or reprogrammed as part of the FY2015/16 CIP Program. Thus, STM383 will be reduced temporarily to fund three CIP's (STL406, STM379 & TF344) that can utilize the funds immediately.
The Major Pavement Rehabilitation project for FY13/14 (CIP STM379) requires $838,505 and the funds will be transferred from the FY14/15 project (CIP STM383).
However, one segment included in the project for STM379 is not currently on the list that the city submitted to SANDAG as one of our TransNet funded streets listed in the current RTIP under Chula Vista project # 48 (CHV48) nor is it on our CIP list of streets shown for STM379. This segment is San Marcos Place, a cul-de-sac that extends southeast from Jamul Avenue. Thus tonight's action will add San Marcos Place to both the SANDAG RTIP list of streets and to the Chula Vista CIP
Since San Marcos Place is less than 200-feet in length, and requires similar pavement rehabilitation, it is recommended that the City add San Marcos Place to the list for CHV48 and rehabilitate this street with the STM379 project. The contract will be awarded shortly and very good bids were received. Paving work should commence in about two months.
Oxford Street from the west cul-de-sac to Broadway is currently on the list for CHV48, and it was originally included as part of the Pavement Major Rehabilitation project for Fiscal Year 2012-13 (STM373). However, due to the work needed on the sewer in this area, the pavement work was postponed. Staff recommends transferring $180,000 in TransNet funds for the paving work that will not be done outside of the sewer trench be transferred from STM373 into the sewer CIP SW266. That way, the sewer line contractor will repave not only the area over the sewer line trench but the entire street from curb too curb so that the pavement and sewer work can be done at the same time.
Since Oxford Street is already included in CHV48, but the sewer work that is on this street is not in CHV48, SANDAG requires the local agency to add the SW266 CIP to the SANDAG RTIP listing for CHV48. Thus, staff recommends including the sewer work and sewer funding ($670,000 from the Trunk Sewer Capital Reserve Fund) to be shown in the RTIP under the listing for CHV48. The RTIP amendment will show a new local fund increase of $670,000 for the addition of SW226 to CHV48.
CHV54: South Broadway Improvements South of Main Street (STM381)
This project is being advertised currently and will have $94,725 in TransNet funds replaced with WTDIF funds from the available balance of the WTDIF. This action will transfer $94,725 In TransNet funds to the Third Avenue Improvements Phase III (STL406). WTDIF is paying for a portion of the cost of the improvements on Broadway. The total amount of the CIP budget remains unchanged, as a new fund source is now added to the project.
CHVNEW: Third Avenue Streetscape Improvement Project - Phase 3 (STL406)
Since work has begun on the second phase of this project, it is advisable to begin design on the third phase of improvements on Third Avenue which has project limits of E Street to just north of F Street. The Third Avenue Phase III improvements design phase requires $300,000 for design this fiscal year. Construction will not be funded until the FY15/16 CIP program since there is an opportunity to pursue grant funding later in FY14/15 through the SANDAG Smart Growth Incentive Grant program. The TransNet transfers required for these projects are shown on Attachment 2. The $300,000 is from two sources. The first is from the transfer of $94,725, from STM381 while the remaining $205,275 is from STM383. Tonight's action creates a new SANDAG RTIP project: Third Avenue Streetscape Improvement Project - Phase 3 (STL406).
DECISION-MAKER CONFLICT
For CHV48: Pursuant to California Code of Regulations Section 18704.2 (b) (2), there is no material effect on any economic interests in real property as the "decision solely concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities."
For STL406: Staff has reviewed the property holdings of the City Council and has found a property-related conflict of interest exists, in that, Councilmember Salas has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
For other projects: Staff has reviewed the property holdings of the City Council on the site specific portions of this action and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
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 TransNet Local Street Improvement Program supports the Strong and Secure Neighborhood strategy in the City's Strategic Plan. It provides funding for the maintenance and rehabilitation of public infrastructure, which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors.
CURRENT YEAR FISCAL IMPACT
The proposed changes to the Transportation Sales Tax Fund result in no net fiscal impact to this fund. The following table reflects the budget amendments needed to be consistent with the proposed RTIP amendment. Approval of the resolution will result in the appropriation of $94,725 to the Western TDIF fund; there is sufficient fund balance in this fund for this appropriation.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine City street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long term fiscal impact.
ATTACHMENTS
1. Resolution 2014-066
2. TransNet Fund Transfers
Staff contact: Elizabeth Chopp, Senior Civil Engineer