REPORT TO THE CITY COUNCIL
August 28, 2014
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
BY: DAVID CISNEROS, Project Manager
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Approve a Cooperative Agreement in the amount of $121,342 with the Fresno County Transportation Authority (FCTA) for the Met Block Project Off-site Improvements under the Measure "C" Transit Oriented Development (TOD) Program (Council District 3)
Body
RECOMMENDATION
Staff recommends that the Council approve a Cooperative Agreement in substantially the form attached for the Met Block Project Off-site Improvements under the Measure "C" TOD Program, subject to approval as to form by the City Attorney's Office.
EXECUTIVE SUMMARY
On February 27, 2014, the Council adopted Resolution No. 2014-37, authorizing submission of an application for grant funds under the TOD program. The Resolution included the off-site improvements for the Met Block Development and the Broadway Project, in the amount of $533,457. The project scope for the Met Block Project will include the construction of off-site improvements along the abutting frontages of the project site, such as curbs, gutters, sidewalks and paving on Stanislaus Street, Fulton Street and Calaveras Street. The FCTA Board has approved the allocation of TOD funds for the project and the attached Cooperative Agreement will allow for the City to be reimbursed for eligible project costs by the FCTA. Council approval of the Cooperative Agreement is necessary at this time in order to allow for FCTA Board approval on September 10, 2014, and to avoid any project delays.
BACKGROUND
The Measure "C" Extension (2007-2027) approved by the voters of Fresno County has a number of subprograms including regional street and highway projects, airport funding, transit ,flexible funding, street maintenance, bicycle lanes, trails and environmental enhancements, as well as several others. Under the Environmental Enhancement Allocation Program, the Measure "C" Expenditure Plan includes the TOD Program, the purpose of which was to provide funding to support planning, incentives and infrastructure related to infill, higher-density TOD types of development.
On February 27, 2014, the Council adopted Resolution No. 2014-37, authorizing submission of an application for grant funds under the TOD program. This resolution included the Met Block Project off-site Improvements along the abutting frontages of Calaveras Street, Stanislaus Street, and Fulton Street, in the amount of $121,342.
In order to complete the project and allow for reimbursement of project costs from the Measure "C" TOD funds, the City and FCTA need to enter into a Cooperative Agreement. Staff recommends the Council approve this agreement in substantially the form attached subject to approval by the City Attorney's Office prior to execution. Upon approval by the Council and City Attorney's Office, the agreement will be executed on behalf of the City by the Public Works Director, in accordance with the City Manager's delegation of the signing authority. The FCTA Board is scheduled to consider and approve this Cooperative Agreement on September 10, 2014.
Staff is currently negotiating a reimbursement agreement for this project with Granville Homes in anticipation of the developer obtaining bids, managing the construction contract, and submitting the necessary financial documentation for reimbursement of eligible project costs. Staff will return to Council within 30 days to request approval of a developer reimbursement agreement and an amendment to the Annual Appropriations Resolution (AAR) to incorporate this capital improvement project into the City's current fiscal year budget. Staff will present the project-related Environmental Findings in conjunction with Council's consideration of the developer reimbursement agreement, which will enable the actual project construction.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a "project" and is therefore exempt from California Environmental Quality Act requirements.
LOCAL PREFERENCE
Not applicable because this is not a competitive bid. This is a funding mechanism only.
FISCAL IMPACT
The $229,799 project cost to construct off-site improvements abutting frontages of the project, is being fully funded by Measure "C" TOD dollars. There will be no impact to the General Fund.
Attachment: Cooperative Agreement