HomeMy WebLinkAboutItem 4.2 - 1371 OBAG Funding - Resolutions of Local Support
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Metropolitan Transportation Commission - Application for Dublin
Boulevard Street Rehab Project and Affirming Compliance with Surplus
Land Act
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
Staff is applying for $661,000 from the Metropolitan Transportation Commission ( MTC)
for the federal One Bay Area Grant Local Street and Roads (OBAG-LSR) program to
resurface Dublin Boulevard between Scarlett Drive and Hacienda Drive. In order for the
funds to be programmed by the MTC, the City Council is requested to adopt two
resolutions. Approval of the first resolution wou ld authorize the filing of an application for
funding assigned to MTC and committing any necessary funds and stating assurance to
complete the Dublin Boulevard Street Rehab Project. The approval of second resolution
would affirm the City’s compliance with the Assembly Bill 2135 - Surplus Land Act.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Filing of an Application for Funding Assigned to
Metropolitan Transportation Commission and Committing Any Necessary Matching
Funds and Stating the Assurance to Complete the Dublin Boulevard Street Rehab
Project; and, adopt the Resolution Affirming compliance with Assembly Bill 2135 -
Surplus Land Act.
FINANCIAL IMPACT:
There is no cost associated with the filing of the grant application. If granted the OBAG -
LSR funds, a minimum local funding match of $75,817 will be required (11.47%
minimum of $661,000). The local funding match will be funded through Alameda County
Transportation Commission (ACTC) Measure B Local Street and Roads funds as part of
the Annual Street Overlay Program.
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DESCRIPTION:
One Bay Area Grant Program
The One Bay Area Grant (OBAG) program is funded with the Metropolitan
Transportation Commission' s (MTC) Federal Surface Transportation Program (STP)
and Congestion Mitigation and Air Quality (CMAQ) federal funding sources. ACTC is
programming approximately $20 million of OBAG funds for eligible local streets and
roads preservation projects such as pavement rehabilitation within Alameda County.
Dublin's share of the OBAG-LSR funds is $661,000. There is a minimum local funding
match requirement of 11.47% of OBAG -LSR funds or $75,817.
The City has identified Dublin Boulevard between Scarlett Drive and Hacienda Drive
(Attachment 1) as a pavement rehabilitation project eligible for OBAG -LSR funds. The
proposed project will remove and replace failed pavement areas along Dublin
Boulevard, resurface the pavement with asphalt concrete (AC) and reinstall pavement
striping. This project will be included in the FY 2018-2019 Annual Street Overlay
Program as shown in the 2016-2021 Capital Improvement Program.
In order for the OBAG-LSR funds to be programmed, the City needs to adopt a
resolution (Attachment 2) authorizing the filing of an application for funding assigned to
MTC and committing any necessary funds and stating assurance to complete the Dublin
Boulevard Street Resurfacing Project.
Surplus Land Act
MTC’s Resolution 4202 requires that, to receive OBAG-LSR funds, the City must adopt
a resolution (Attachment 3) agreeing to comply with the terms of Surplus Land Act -
Assembly Bill 2135 (California Government Code § 54220, et seq.), as exists now or
may be amended in the future.
California Government Code Section 54221(b) defines surplus land as land owned by
any agency of the state, or any local agency, that is determined to be no longer
necessary for the agency's use, except property being held by the agency for the
purpose of exchange. Assembly Bill (AB) 2135, authored by Assembly Member Phil
Ting, strengthens priorities for affordable housing in the state’s Surplus Land Act. AB
2135 became effective January 1, 2015.
Originally enacted in 1968, the Surplus Land Act requires local agencies to prioritize
affordable housing, as well as parks and open space, when disposing of surplus land.
Specifically, local agencies must provide a first right of refusal to entities that agree to
use sites for affordable housing or parks and open space. When local agencies dispose
of surplus land, they are required to give notice to entities and organizati ons involved in
affordable housing development. Once a preferred entity expresses interest, the parties
must enter into good faith negotiations to determine a mutually satisfactory sales price
or lease terms.
AB 2135 increases the minimum time that an agency is required to negotiate with a
preferred entity from 60 days to 90 days. An entity proposing to use surplus land for the
development of low- or moderate-income housing must make 25% of the total number
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of units available to lower income households fo r a period of no less than 55 years. If an
agency does not agree to the price and terms of a preferred entity for the development
of affordable housing and surplus land is used for development of 10 or more residential
units, the entity receiving the surplus land must provide a minimum of 15% of the total
number of units as affordable.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing is not required. Copies of the staff report were provided to the Alameda
County Transportation Commission and the Metropolitan Transportation Commission.
ATTACHMENTS:
1. Project Map
2. Resolution Authorizing the Filing of an Application for Funding Assigned to
Metropolitan Transportation Commission to Complete the Dublin Boulevard Street
Rehab Project
3. Resolution Affirming Compliance with Assembly Bill 2135 - Surplus Land Act
Dublin Blvd.Dublin Blvd.
Dublin Blvd.Dublin Blvd.
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PROJECT LOCATIONPROJECT LOCATION
Dublin Boulevard Street Rehabilitation
Scarlett Drive to Hacienda Drive
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO
METROPOLITAN TRANSPORTATION COMMISSION AND
COMMITTING ANY NECESSARY MATCHING FUNDS AND ST ATING THE ASSURANCE TO
COMPLETE DUBLIN BOULEVARD STREET REHAB PROJECT
WHEREAS, the City of Dublin (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $661,000 in funding
assigned to MTC for programming discretion, which includes federal funding administered by
the Federal Highway Administration (FHWA) and federal or state funding administered by the
California Transportation Commission (CTC) such as Surface Transportation Block Grant
Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ)
funding, Transportation Alternatives (TA) set -aside/Active Transportation Program (ATP)
funding, and Regional Transportation Improvement Program (RTIP) funding (herein collec tively
referred to as REGIONAL DISCRETIONARY FUNDING) for the Dublin Boulevard Street Rehab
Project (herein referred to as PROJECT) for the One Bay Area Grant Local Streets and Roads
Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation
to provide funding for various transportation needs and programs, (collectively, the FEDERAL
TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant
Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set -aside (23
U.S.C. § 133); and
WHERAS, state statutes, including California Streets and Highways Code §182.6,
§182.7, and §2381(a)(1), and California Government Code §14527, provide various funding
programs for the programming discretion of the Metropolitan Planning Organization (MPO) and
the Regional Transportation Planning Agency (RTPA); and
WHERAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations
promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a
regionally-significant project shall submit an application first with the appropriate MPO, or RTPA,
as applicable, for review and inclusion in the federal Transportation Improvement Program
(TIP); and
WHERAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay
region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised) that sets out procedures governing the application and use of
REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY
FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY
FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating
the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed
at the programmed amount, and therefore any cost increase cannot be expected to be
funded with additional REGIONAL DISCRETIONARY FUNDING; and
that the PROJECT will comply with the procedures, delivery milestones and funding
deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution
No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the application,
subject to environmental clearance, and if approved, as included in MTC's federal
Transportation Improvement Program (TIP); and
that the PROJECT will have adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and
that the PROJECT will comply with all project -specific requirements as set forth in the
PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all FHWA -
and CTC-funded transportation projects to coordinate within the agency and with the
respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on
all communications, inquires or issues that may arise during the federal programming and
delivery process for all FHWA- and CTC-funded transportation and transit projects
implemented by APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866,
revised, which sets forth the requirements of MTC’s Transit Coordination Implementation
Plan to more efficiently deliver transit projects in the region; and
in the case of a highway project, the PROJECT will comply with MTC Resolution No.
4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and
activate TOS elements on new major freeway projects; and
in the case of an RTIP project, state law requires PROJECT be included in a local
congestion management plan, or be consistent with the capital improvement program
adopted pursuant to MTC’s funding agreement with the countywide transportation
agency; and
WHEREAS, that APPLICANT is authorized to submit an application fo r
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for
the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way
adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such
PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or
designee to execute and file an application with MTC for REGIONAL DISCRETIONARY
FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in
conjunction with the filing of the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin, State
of California, that the APPLICANT is authorized to execute and file an application for funding for
the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL
TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds;
and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount,
and that any cost increases must be funded by the APPLICANT from other funds, an d that
APPLICANT does not expect any cost increases to be funded with additional REGIONAL
DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines
associated with these funds and will comply with the provisions a nd requirements of the
Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT
has, and will retain the expertise, knowledge and resources necessary to deliver federally -
funded transportation and transit projects, and has assigned, and will maintain a single point of
contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency
and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and
CTC on all communications, inquires or issues that may arise during the federal programming
and delivery process for all FHWA - and CTC-funded transportation and transit projects
implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the
complete application and in this resolution, subject to environmental clearance, and, if approved,
for the amount approved by MTC and programmed in the federal TIP; and
BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has
adequate staffing resources to deliver and complete the PROJECT within the schedule
submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set
forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to
comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in
MTC Resolution No. 3866, revised; and
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees
to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in
MTC Resolution No. 4104; and
BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included
in a local congestion management plan, or is consistent with the capital improvement program
adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL
DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making
applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might
in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver
such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director,
General Manager, City Manager, or designee to execute and file an application with MTC for
REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution;
and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application; and be it further
BE IT FURTHER RESOLVED that the MTC is requested to support the application for
the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's
federal TIP upon submittal by the project sponsor for TIP programming.
PASSED AND ADOPTED by the City Council of the City of Dublin, State of California, on
April 4, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AFFIRMING COMPLIANCE WITH ASSEMBLY BILL 2135 - SURPLUS LAND ACT
WHEREAS, the San Francisco region has the highest housing costs in the United States;
and
WHEREAS, the Bay Area produced less than 30% of the need for low - and moderate-
income housing units from 2007-2014; and
WHERAS, there are limited funding sources available to secure land for the construction
of low- and moderate-income housing; and
WHERAS, public lands can play a critical role in increasing the supply of land for
affordable housing;
WHERAS, the Metropolitan Transportation Commission adopted Resolution No. 4202,
outlining the programming policy and project selection criteria for the O ne Bay Area Grant
Program (OBAG 2), including certain requirements to access these funds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dublin, State
of California, as follows:
That the City of Dublin agrees to comply with the terms of Surplus Land Act - Assembly
Bill 2135 (California Government Code § 54220, et seq.), as exists now or may be amended in
the future.
PASSED AND ADOPTED by the City Council of the City of Dublin, State of California, on
April 4, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk