HomeMy WebLinkAboutPW Canal Crossing Project Funding Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 04/07/2025
Disposition: Resolution 15394
Agenda Item No: 4.k
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Mariana Sanchez, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: SAN RAFAEL CANAL CROSSING PROJECT FUNDING AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAM
SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR $1,575,000 IN ACTIVE TRANSPORTATION
PROGRAM (ATP) FUNDS FOR A FEASIBILITY STUDY OF THE SAN RAFAEL CANAL
CROSSING PROJECT.
CEQA DETERMINATION: EXEMPT PURSUANT TO GUIDELINE SECTION 15378(b)(5)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
Program Supplement Agreement with the California Department of Transportation (Caltrans) for
$1,575,000 in Active Transportation Program (ATP) funds for a feasibility study of the San Rafael Canal
Crossing Project (the “Project”).
BACKGROUND:
The Canal Crossing Project aims to provide a non-motorized bicycle and pedestrian crossing bridge
between the Canal Neighborhood and destinations north of San Rafael Creek. A new crossing would
provide connectivity within a highly developed active transportation network in central Marin County.
These funds will support the feasibility assessment of a bridge between the Canal Neighborhood and
destinations north of San Rafael Creek. The feasibility study report will identify and compare potential
bridge options, provide a conceptual plan, identify potential environmental impacts, present preliminary
engineering considerations, and estimate costs for construction, ongoing operation, and maintenance of
a moveable bridge. The project team will engage with community members and stakeholders to gather
feedback and incorporate it into the feasibility analysis and planning process.
The Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of
active modes of transportation, such as biking and walking. The program aims to increase the proportion
of trips accomplished by biking and walking, improve the safety and mobility of non-motorized users,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
advance efforts to achieve greenhouse gas reduction goals, enhance public health, and provide a broad
spectrum of projects to benefit many types of users, including disadvantaged communities.
ANALYSIS:
In March 2022, the California Transportation Commission (CTC) approved the ATP Cycle 6 guidelines,
and the Metropolitan Transportation Commission (MTC) released the call for projects for the Regional
ATP. The City of San Rafael applied for $3,925,000 of funding for the Project through the Regional ATP,
and on January 25, 2023, MTC adopted the ATP Cycle 6 program of projects, which included the San
Rafael Canal Crossing Project. The State approved the City’s entire grant request for $3,925,000 as part
of the ATP Cycle 6A.
In January 2025, the City received a letter from Caltrans confirming the allocation of state funds from
ATP for $1,575,000 for the feasibility study, which included an environmental analysis and preliminary
engineering of the Project. A resolution stating the authorized signee for the Program Supplement
Agreement (Attachment 1) with Caltrans and an executed Program Supplement Agreement (Attachment
2) are required to receive ATP funds. Future ATP grant fund allocations for the engineering and design
phases may occur pending the results of the feasibility study. The total ATP grant amount is $3.9 million,
so the remaining $2.35 million would be used for these phases if deemed feasible. The city currently
does not have funding for construction and ongoing operations and maintenance of the bridge. The city
would apply for additional grant funding at a later date.
COMMUNITY OUTREACH:
Outreach for the Project has been conducted through City planning documents, including the 2022
Community-Based Transportation Plan, 2018 Bicycle and Pedestrian Master Plan, and 2021 Downtown
Precise Plan.
The City of San Rafael will continue to coordinate with community-based organizations including, the
Canal Alliance and Voces del Canal, San Rafael City Schools District, transit agencies, Safer Routes to
Schools, Bicycle and Pedestrian Committee, and community members to seek their input on the Project.
In addition, the City will meet with key stakeholders that use the San Rafael Creek as a navigational
channel.
ENVIRONMENTAL DETERMINATION:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15378(b)(5) in that it does not meet CEQA's definition of a
“project” because it does not have the potential to result in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment. The required
CEQA review and clearance will be conducted as part of the preliminary engineering and environmental
planning phase of design.
FISCAL IMPACT:
If the City Council adopts this resolution, the City could receive and use $1,575,000 in ATP funds for the
preliminary phase of the Project. The San Rafael Canal Crossing Project was identified in the Fiscal Year
2024-25 Capital Improvement Program, and appropriations totaling $1,575,000 were included in the
Fiscal Year 2024-25 Budget approved by the City Council on June 17, 2024. This appropriation consisted
of $1,575,000 in ATP funds.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as recommended.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
2. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager
to execute a Program Supplement Agreement with the California Department of Transportation (Caltrans)
for $1,575,000 in Active Transportation Program (ATP) funds for the San Rafael Canal Crossing Project.
ATTACHMENTS:
1. Resolution to execute Program Supplement Agreement with Caltrans
2. Administering Agency - State Agreement
1
RESOLUTION NO. 15394
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR $1,575,000 IN
ACTIVE TRANSPORTATION PROGRAM (ATP) FUNDS FOR A FEASIBILITY STUDY OF
THE SAN RAFAEL CANAL CROSSING PROJECT
WHEREAS, the City of San Rafael is eligible to receive State funding for the San Rafael
Canal Crossing Project through the California Department of Transportation (Caltrans); and
WHEREAS, a Program Supplement Agreement must be executed with the California
Department of Transportation before such funds may be claimed; and
WHEREAS, the action to be taken by this Resolution is exempt from review under the
California Environmental Quality Act (Cal. Public Resources Code Section 21000, et seq.
(“CEQA”) under CEQA Guideline 15378(b)(5); and
WHEREAS, the City of San Rafael wishes to delegate authorization to execute the
agreement and any amendments thereto to the City Manager; and
WHEREAS, Caltrans requires the City Council to adopt a resolution authorizing the
execution of the agreement between Caltrans and the City of San Rafael to ensure receipt of the
funds; and
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds the foregoing
recitals to be true and correct and authorizes the City Manager to execute the Program
Supplement Agreement and any amendments thereto with the California Department of
Transportation.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council OF THE
City of San Rafael, held on Monday, the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers: Kertz, Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
________
Lindsay Lara, City Clerk
00000A717
FOR STATE FUNDED PROJECTS NO 04-5043S21
0425000088
January 09, 2025
04-MRN-0-SRF
ATPL-5043(049)
5043
This Program Supplement, effective 12/06/2024, hereby adopts and incorporates into the Administering Agency-State
Agreement No. 04-5043S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY
and the STATE with an effective date of 10/31/2023 and is subject to all the terms and conditions thereof. This PROGRAM
SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of
Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
Non-motorized bridge between Canal Street in San Rafael's Canal neighborhood and Third
Street in San Rafael.
San Rafael Canal Crossing Project 0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF SAN RAFAEL
By ________________________________By ________________________________
Title _______________________________
Date _______________________________
Attest _______________________________Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$1,575,000.00 $0.00 $0.00
Chief, Office of Project Management Oversight
STATE OF CALIFORNIA
Department of Transportation
$1,575,000.00
$1,575,000.00STATE
1Page of 4Program Supplement 04--504-A717- SERIAL
01/09/2025
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
1.A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A component(s)
specific fund allocation is required, in addition to other requirements, before reimbursable
work can occur for the component(s) identified. Each allocation will be assigned an effective
date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the
effective date of the component specific allocation will constitute the start of reimbursable
expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available
by future allocations will be encumbered on this PROJECT by use of a STATE-approved
Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. Funds
transferred between allocated project components retain their original timely use of funds
deadlines, but an approved time extension will revise the timely use of funds criteria for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter,
Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and State
procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
2Page of 4Program Supplement 04--504-A717- SERIAL
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
Funds allocated for the construction component are subject to an award deadline and contract
completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6
months of the construction fund allocation and to complete and accept the construction within
36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do
so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P),
plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after
the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LAPM and the Active
Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to
be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP),
submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations
requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirement for Federal Awards, and all applicable Federal and State
laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors
will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and
State laws and regulations, shall be used to determine the allowability of individual PROJECT
cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
3Page of 4Program Supplement 04--504-A717- SERIAL
SPECIAL COVENANTS OR REMARKS
04-MRN-0-SRF
ATPL-5043(049)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR,
Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING
AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE
within 30 days of demand, or within such other period as may be agreed in writing between
the Parties hereto, STATE is authorized to intercept and withhold future payments due
ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited
to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation Program
guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2.The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
4Page of 4Program Supplement 04--504-A717- SERIAL
