Agenda Item No. 6d January 27, Honorable Mayor and City Council Attention: Laura C. Kuhn, Interim City Manager

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1 Agenda Item No. 6d January 27, 2009 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, Interim City Manager Rod Moresco, Director of Public Works/City Engineer RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO REQUEST AN ALLOCATION OF REGIONAL MEASURE 2 FUNDS FROM THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR THE RIGHT- OF-WAY AND DESIGN PHASES OF THE VACAVILLE INTERMODAL STATION DISCUSSION: On March 2, 2004, voters passed Regional Measure 2 (RM2) raising the toll on bridges, in the San Francisco Bay Area, by $1 in order to fund various transportation projects within the region that have been determined to reduce congestion or to make improvements to travel in the toll bridge corridors, as identified in SB 916 (Chapter 715, Statutes of 2004). Capital and Transit projects and programs eligible to receive RM2 funding are identified in the Regional Traffic Relief Plan per Sections (c) & (d) of the California Streets and Highways Code. The Vacaville Intermodal Station (VIS), located at the northeast corner of the Ulatis and Allison Drive intersection, will be regionally significant as it will be serving express bus routes on the I-80 corridor in Vacaville. Vacaville residents will be able to access Pleasant Hill and Walnut Creek BART and Sacramento via Express buses. The VIS will help relieve congestion along the I-680 and I-80 corridors as more and more residents will connect with transit, carpools and vanpools, and forego driving alone in their personal vehicles. Phase I of the VIS will include environmental clearance; purchase of the site from the Redevelopment Agency (RDA); and design and construction of a 200-space on-grade parking lot (with accessible, van and electric vehicle parking) 10 bus bays, and miscellaneous site improvements including security cameras, lighting, drainage, landscaping, utilities, pedestrian shelters and amenities, restrooms, photovoltaic system, and entry features. A future Phase II of the VIS will include construction of a 400-space parking garage with integrated retail facilities for commuter convenience. Only Phase I of the VIS is currently funded. RM2 funding in the amount of $7,250,000 has been appropriated by MTC to be allocated in specific increments for this project. The City Council previously authorized the Director of Public Works to request an initial allocation of RM2 funds in the amount of $415,000 for the environmental phase of the project. Staff is now ready to request additional RM2 funds in the amounts of $2,708,000 for the right-of-way phase, and $575,000 for the design phase of the project. This leaves $3,552,000 million of appropriated funds to be allocated at a future date for construction. The complete breakout of funding by phase and the total project cost, as well as the project purpose and schedule, are included in the attached updated Initial Project Report (IPR) to be submitted to MTC along with the approved resolution. RECOMMENDATION: By simple motion, that the City Council of the City of Vacaville authorize the Director of Public Works to request an allocation of Regional Measure 2 Funds from the MTC for the right-of-way and design phases of the Vacaville Intermodal Station.

2 RESOLUTION NO. RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO REQUEST AN ALLOCATION OF REGIONAL MEASURE 2 FUNDS FROM THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR THE RIGHT-OF-WAY AND DESIGN PHASES OF THE VACAVILLE INTERMODAL STATION WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred as Regional Measure 2 (RM2), identified projects eligible to receive funding under the Regional Traffic Relief Plan; and WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for RM2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for RM2 funding; and WHEREAS, allocations to MTC must be submitted consistent with procedures and conditions as outlined in RM2 Policy and Procedures; and WHEREAS, the City of Vacaville is an eligible sponsor of transportation projects in RM2, Regional Traffic Relief Plan funds; and WHEREAS the Vacaville Intermodal Station is eligible for consideration in the Regional Traffic Relief Plan of RM2, as identified in California Streets and Highways Code Section 30914(c) or (d); and WHEREAS, the RM2 allocation request, attached hereto in the updated Initial Project Report and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which the City of Vacaville is requesting that MTC allocate RM2 funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby adopt a resolution authorizing the Director of Public Works to request an allocation of RM2 Funds from the MTC for the right-of-way and design phases of the Vacaville Intermodal Station; and 1. The City of Vacaville, and its agents, shall comply with the provisions of the MTC s RM2 Policy Guidance (MTC Resolution No. 3636). 2. The City of Vacaville certifies that the project is consistent with the Regional Transportation Plan (RTP). 3. The year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project. 4. The RM2 phase or segment is fully funded, and results in an operable and useable segment.

3 5. The City of Vacaville approves the updated Initial Project Report, attached to this resolution. 6. The City of Vacaville approves the cash flow plan, attached to this resolution. 7. The City of Vacaville has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the updated Initial Project Report, attached to this resolution. 8. The City of Vacaville is an eligible sponsor of projects in the RM2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c). 9. The City of Vacaville is authorized to submit an application for RM2 funds for Vacaville Intermodal Station in accordance with California Streets and Highways Code 30914(c). 10. The City of Vacaville certifies that the projects and purposes for which RM2 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.), and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq., and the applicable regulations thereunder. 11. There is no legal impediment to the City of Vacaville making allocation requests for RM2 funds. 12. There is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City of Vacaville to deliver such project. 13. That the City of Vacaville indemnifies and holds harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of the City of Vacaville, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages. 14. That the City of Vacaville shall, if any revenues or profits are received from any nongovernmental use of property (or project), use those revenues or profits exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the MTC is entitled to a proportionate share equal to MTC s percentage participation in the project. 15. That assets purchased with RM2 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the MTC shall be entitled to a present day value refund or credit (at MTC s option) based on MTC s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that RM2 funds were originally used.

4 16. That the City of Vacaville shall post, on both ends of the construction site(s), at least two signs visible to the public stating that the Project is funded with RM2 Toll Revenues. 17. That the City of Vacaville authorizes its Director of Public Works to execute and submit an allocation request for the right-of-way phase in the amount of $2,708,000 and design phase in the amount of $575,000 with MTC for RM2 funds, for the project, purposes and amounts included in the project application attached to this resolution. 18. That the Director of Public Works is hereby delegated the authority to make nonsubstantive changes or minor amendments to the IPR as he/she deems appropriate. 19. That a copy of this resolution shall be transmitted to MTC in conjunction with the submittal of the updated IPR referenced herein. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 27 th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST Michelle A. Thornbrugh, City Clerk

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