HomeMy WebLinkAboutItem 12c - Right-of-Way Certification for State and Federally Funded Projects
DATE: July 17, 2018
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Philip A. Wray, Deputy Director of Development Services/City Engineer
SUBJECT: RESOLUTION NO. 7228 APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL RIGHT-OF-WAY
CERTIFICATIONS FOR ALL STATE AND FEDERALLY FUNDED
PROJECTS AND TO SIGN ALL STATE AND OR FEDERAL FUNDING
DOCUMENTS ASSOCIATED WITH GRANT FUNDING ALLOCATIONS
BETWEEN THE CITY OF ARCADIA AND THE STATE OF CALIFORNIA
Recommendation: Adopt
SUMMARY
The City of Arcadia receives Federal and State funds for certain transportation projects.
These projects are subject to the approval and funding authorization of the California
Department of Transportation (“Caltrans”). In order to receive Federal funds, the City
entered into a Master Agreement with Caltrans, which covers Federal and State
requirements that must be abided by. Periodically, the City is asked to approve
revisions to the Master Agreement, or enter into Supplemental Agreements, which are
project-specific covenants and conditions. Supplemental Agreements are required for
each federally funded project.
Also, through the funding authorization process for each project, Caltrans requires the
local agency to certify that the project right-of-way is under its control and there are not
utility issues. Right-of-Way Certifications must be signed by an authorized official of the
local agency.
Caltrans recommends that the City formally authorize a City official to sign these
documents on the City Council’s behalf to simplify the process. Therefore, it is
recommended that the City Council adopt Resolution No. 7228 authorizing the City
Manager, or his designee, to sign all future Master and Supplemental Agreements and
Right-of-Way Certifications.
Resolution 7228 ROW Agreements
July 17, 2018
Page 2 of 3
BACKGROUND
The City of Arcadia periodically receives Federal and/or State funding for various
transportation improvement projects. Caltrans administers State transportation funding,
and administers the Federal funding on behalf of the Federal Highway Administration .
Caltrans has a very complex and lengthy process for cities to follow to obtain funding
appropriation and authorization, and an equally complex process to receive funding
reimbursement. As part of the appropriation and authorization process, cities must
have entered into a Master Agreement with Caltrans, and must enter into a
Supplemental Agreement for each specific project. The City is currently under a Master
Agreement with Caltrans. The Supplemental Agreements are addendums to the Master
Agreement, are routine in nature, and are required for each individual project. The
timing tends to be critical because Caltrans typically does not prepare it until right before
the project is ready to advertise for bids, and it must be approved before a contract is
awarded.
Also as part of the appropriation and authorization process, Caltrans requires each local
agency to certify that all project right-of-way is under control of the local agency and
there are no utility conflicts. Federal funding is not allowed for public utility relocations
occurring in the public right-of-way. Therefore, Caltrans requires that either the local
agency make other arrangements for utility relocation costs, or the utility companies be
responsible for relocations through their franchise agreement requirements.
DISCUSSION
In 2014, through a competitive process with Metro, the City applied for and received a
grant of $1,546,800 in Federal funds, to go with the City’s match of $832,900 in local
transportation funds for parkway improvements around the Arcadia Gold L ine Station.
The project, referred to as the Arcadia Gold Line Station Area Pedestrian Linkage
Project, is currently in design, and all the necessary compliance documents for Caltrans’
approval are being prepared. The project Right-of-Way Certification is ready to be
submitted to Caltrans for approval, and must be signed by an authorized representative
of the City before submittal. Caltrans suggests that the City of Arcadia simplify its
process by having the City Council delegate its approval authority to a designated City
official for Right-of-Way Certifications, Supplemental Agreements and Amendments to
the Master Agreement. The proposed resolution delegates the authority to the City
Manager or his designee.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
Resolution 7228 ROW Agreements
July 17, 2018
Page 3 of 3
FISCAL IMPACT
There will be no direct fiscal impact incurred by the City by adopting this resolution;
however, participating in state and federal grant programs administered through
Caltrans provides substantial funding for projects throughout the City. For instance, a
current project provides over $1.5 million in grant funds to the community.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7228 approving and
authorizing the City Manager or his designee to execute all Right-of-Way certifications
for all state and federally funded projects and to sign all State and or Federal funding
documents associated with grant funding allocations between the City of Arcadia and
the State of California.
Attachment: Resolution No. 7228