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HomeMy WebLinkAbout18- Development Services ORIGINAL CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution Authorizing the City Manager or his designee to execute all Dept: Development Services Program Supplements to the Master Agreement for Federal-Aid Projects No. 97- Date: December 22, 2009 114. File No. MCC Date: February 1, 2010 Synopsis of Previous Council Action: 05/05/97 Resolution No. 97-114 approved authorizing the Mayor and Common Council to execute a Master Agreement for Federal Aid projects between the City of San Bernardino and the State of California. 11/07/01 Resolution No. 2001-331 approved authorizing the City Administrator or his Designee to execute all Program Supplements to Master Agreement No. 97-114. Recommended Motion: Adopt Resolution. tg�G Valerie C. Ross Contact person: Robert Eisenbeisz, City Engineer Phone: 384-5203 Supporting data attached: Staff Report& Resolution Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct.No.) Acct. Description: Finance: Council Notes Wsa cool O Agenda Item No. CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT Subied: Resolution authorizing the City Manager or his designee to execute all Program Supplements to the Master Agreement for Federal-Aid Projects No. 97-114. Backeround: The Congress of the United States enacted the Intermodel Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement program (CMAQ), the Transportation Enhancement Activities program (TEA), and the Bridge Replacement and Rehabilitation program (HBRR). Certain of these Federal funds may be available for use on local transportation facilities for public agencies. On May 20, 1997 the City of San Bernardino entered into an "Administering Agency — State Agreement' (Master Agreement No. 97-114) with the State of California Department of Transportation (Caltrans) for all Federal Aid projects. However, once the City receives funding approval for a specific project it is necessary to execute a Program Supplement Agreement for each phase of the project in order to receive the funds. The Master Agreement has no force or effect with respect to any project unless and until a Program Supplement to the Agreement has been executed. Projects are typically broken into phases in order to insure that funding is not lost along the way due to the inability to meet project deadlines. Various phases of a project could include preliminary engineering, right-of-way acquisition, construction and construction engineering. Each phase of a project requires its own Program Supplement typically subject to a"use it or lose it deadline"based on the funding source and type of project. On November 7, 2001, the Mayor and Common Council approved Resolution No. 2001-331 authorizing the City Administrator to approve all Program Supplements. This action was taken at the request of Caltrans to streamline processes in order to reduce paperwork and staff time necessary to process such projects. Subsequent to the Charter Amendment that created the City Manager position, the City Manager became the official authorized by the Municipal Code to sign Program Supplements. Caltrans is now requiring that the resolution authorizing the City Manager to approve Program Supplements to the Master Agreement be updated. Therefore, staff is requesting approval of the attached resolution authorizing the City Manager to sign Program Supplements and rescinding the previous Resolution No. 2001-331. Program Supplements are an administrative step in the processing of federal and state funded projects and allowing the City Manager to approve the Supplements is a streamlining measure only and will in no way affect the review and approve of such projects by the City Council each year in the process of adopting the Capital Improvement Program(CIP)and Annual Budget. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT To expedite the approval process with the State for future projects, reduce the amount of paper work, and reduce staff time for processing of Federal Aid programs, staff recommends that the Mayor and Common Council adopt the attached resolution allowing the City Manager, or his designee, to continue to execute Program Supplement Agreements. Financial Impact: There is no financial impact. Recommendation: Adopt Resolution. 1 RESOLUTION NO. C on, PO Y 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT FOR FEDERAL-AID PROJECTS 4 NO. 97-114 AND REPEALING RESOLUTION NO. 2001-331. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 WHEREAS, the Congress of the United States in 2005 enacted the Safe, Accountable, 8 Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to fund 9 programs which include, but are not limited to, the Surface Transportation Program (STP), the 10 Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation 11 12 Enhancement Activities Program (TEA), the Bridge Replacement and Rehabilitation Program 13 (HBRR), and various other federal funded sources which originate with the Federal Highway 14 Administration (FHWA) and are channeled to local Agencies through the California Department 15 of Transportation (Caltrans). 16 WHEREAS, the Mayor and Council approves each project and allocated funding with 17 the Capital Improvement Program budget each year. 18 19 WHEREAS, to receive the reimbursement of federal allocated funds the City is required 20 to execute the Administering Agency-State Agreement No. 97-114 and the Program Supplement 21 Agreement for each specific project and phase thereof; and 22 WHEREAS, On November 7, 2001, the Mayor and Common Council approved 23 Resolution No. 2001-331 authorizing the City Administrator or his designee to execute all 24 Program Supplements to the Master Agreement for Federal-Aid Projects No. 97-114; and 25 WHEREAS, Caltrans is requiring that the approval of the City Manager to execute said 26 Program Supplements be updated. 27 28 1 I RESOLUTION...AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT FOR 2 FEDERAL-AID PROJECTS NO. 97-114 AND REPEALING RESOLUTION NO.2001-331. 3 NOW THEREFORE, BE IT RESOLVED that: 4 SECTION 1. The City Manager or his/her designee is delegated the authority to execute all 5 Program Supplements to the Master Agreement Administering Agency--State Agreement for 6 Federal-Aid Projects, and this resolution shall take effect immediately upon its adoption; and, 7 SECTION 2. Resolution No. 2001-331 is hereby repealed. 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /rcn7 #/do 28 Z-/— 16 q Gf)�r,�L1/l�C�.� �Q.' e, SDE/ed/Resolutions[InsuranceOverloadStaffing.Reso] 2 � a _ G __112 7 eCQ///C LU7 /J7ccfl I RESOLUTION ... AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE 2 TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT FOR FEDERAL-AID PROJECTS NO. 97-114 AND REPEALING RESOLUTION NO. 3 2001-331. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 _day of 2010, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLY 14 JOHNSON 15 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 20 zolo. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, 25 City A tomey 26 BY: �7 `I' 27 28 3