1 STAFF REPORT
DATE: July 18, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: David Kriske, Asst. Community Development Director, Transportation BY: Nick Burant, Administrative Analyst II
SUBJECT: Adoption of a Resolution Authorizing the Execution of Master Agreements with the California Department of Transportation for State and Federal Aid Funded Transportation Projects, Approval of Fund Transfer Agreements Between Caltrans and the City for receipt of $5,100,000 for Transportation Related Projects, Amendment of the Fiscal Year 2023- 2024 Budget by Appropriating $5,100,000, and Approval of a Subrecipient Agreement with the Boys & Girls Club of Burbank and Greater East Valley for the Receipt of $100,000 for the Purchase of Minivans
RECOMMENDATION
1. Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
AUTHORIZING THE EXECUTION OF MASTER AGREEMENTS , PROGRAM
SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, AND
FUNDS TRANSFER AGREEMENTS (FTA) WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR STATE AND
FEDERAL-AID FUNDED TRANSPORTATION PROJECTS (Attachment 1);
2. Approve the FTA between Caltrans and the City (Attachments 2 & 3) for Receipt of a Combined $5,100,000 for Transportation Related Projects under the State Budget Act of 2022;
3. A mend the Fiscal Year ( FY) 2023-2024 B udget by appropriating funds in the amount of $5,100,000 as provided in the Fiscal Impact section of the Staff Report dated July 18, 2023;
4. A pprove a Subrecipient Agreement with the Boys & Girls Club of Burbank and the Greater East Valley for Receipt of $100,000 for the Purchase of Miniv ans (Attachment 4), and authorize the Community Development Director, as the City
COMMUNITY
DEVELOPMENT
2 Manager’s Designee, to e xecute the Subrecipient Agreement and any Amendments Thereto.
BACKGROUND
The California State Legislature passed Assembly Bill (AB) 179, which was signed into law by Governor Newsom on September 6, 2022. AB 179 amended the Budget Act of 2022 by adding and repealing State budget appropriations and making other changes.
Included in AB 179 were legis lative funding priorities for Assembly Members. Assembly Member Laura Friedman, who represents Burbank, included in two appropriation items for Burbank after receiving requests for funding from City staff and other stakeholders .
The first appropriation is $2,100,000 for “Transportation, Electric Vehicle, and Pedestrian Improvements” ( AB 179 , Section 19.56 (g)(1)(D)), and the second appropriation is $3,000,000 for “Active Transportation Infrastructure” (AB 179, Section 19.56 (g)(1)(AV)).
These funds are being distributed to the City through Caltrans under two Fund Transfer Agreements ( FTAs). The City is required to approve and execute the FTAs prior to accepting and distribut ing the funds . Furthermore, Caltrans requires the City to specifically designate the individual(s) who may execute the FTAs and has provided the City with a draft Resolution that would delegate signature authority for all future transportation funding agreements to such individual(s).
DISCUSSION
The first set of funds is for “Transportation, Electric Vehicle, and Pedestrian Improvements.” This project encompasses three separate projects, which are briefly summarized below:
Transportation
The Boys & Girls Club of Burbank and the Greater East Valley (Boys & Girls Club) worked with Assembly M ember Friedman to include $ 100,000 in the AB 179 appropriations to purchase one Toyota Sienna minivan and one Chrysler Pacifica minivan. The vans will be used to transport students from John Muir Middle School to participate in the Boys & Girls Club Deaf and Hard of Hearing Program after school. The minivans will also be used to transport students from Burbank and Burroughs High Schools to the Boys & Girls Club to participate in the College Bound and Career Launch Programs. Due to a lack of vehicles, transportation is an obstacle to teens who would like to access the after -school programs offered by the Boys & Girls Club, and the new minivans will help alleviate this barrier.
To disburse these funds to the Boys & Girls Club, a Subrecipient Agreement must be approved by Council, which provides that the City will transfer such funds to the Boys & Girls Club, and the Boys & Girls Club will use the funds to purchase the minivans. The Boys & Girls Club will also comply with all state and federal 3 requirements imposed under the relevant FTA and provide the City with a completion report once the minivans are purchased. The proposed Subrecipient Agreement is included with this report as Attachment 4.
Electric Vehicle Charging
The Electric Vehicle project appropriation for $1,000,000 will be used by Burbank Water and Power to install 10 new DC fast charging stations. The stations will be installed on City property and will be available to the public 24 hours a day, so that they may be used by residents of multifamily properties at night and by commuters during the day . The installation of these stations will not only help Burbank residents but will also promote EV adoption throughout the San Fernando Valley.
Pedestrian Infrastructure Improvements
The Pedestrian Infrastructure Improvements project appropriation for $1,000,000 will be used by the Community Development Department for Phase Two of the Downtown Burbank San Fernando Boulevard Reconfiguration Project. On January 24, 2023, the Council approved Phase One of the project to implement a temporary pilot program to study the proposed reconfiguration of traffic flow, expand pedestrian walkways, and provide more tree canopy and other outdoor features along San Fernando Boulevard in Downtown Burbank. If approved by Council after the completion of the pilot program, Phase Two will permanently reconfigure traffic flow and narrow the roadway to a one-way northbound lane, reconstruct curb and gutters to expand parkways, and provide more tree canopy shading and other shade structures . Should Council not approve Phase Two, the funds will be brought back to Council for re- appropriation towards a different pedestrian infrastructure improvement project or will be returned to Caltrans.
The second set of funds is $3,000,000 for “Active Tra nsportation Infrastructure.” T his project refers to the San Fernando Bikeway project where the City is constructing a fully-
separated Class I 1 bicycle path along an unused portion of the Los Angeles County (County) Metro/Metrolink Antelope Valley Line parallel to San Fernando Boulevard and Victory Place, between Cohasset Street and Empire Avenue. The bicycle path will extend the County’s network of regional Class I bicycle paths and connect an existing bicycle path in the City of Los Angeles directly to the Downtown Burbank Metrolink Station and the future Chandler Bikeway Extension . The se funds will augment the bikeway construction by enhancing the railroad right of way landscaping adjacent to the project and remediating portions of the right of way that were damaged by the Interstate 5 North HOV / Empire Interchange project.
1 A Class I Bike Path, also known as shared-use or multi-use paths, are paved right-of-way paths exclusively for use by bicyclists, pedestrians, and other non-motorized modes of travel. Class I Paths are physically separated from vehicular traffic. 4 To accept these funds, the Council is required to approve and enter into two FTAs with Caltrans and designate an individual to execute these FTAs on behalf of the City. If approved, the City will send an invoice for the funds and Caltrans will pay the City the full amount upfront. Staff will then spend the funds on the projects described in the agreement. Once the projects are finished , staff will submit documentation to Caltrans.
The City will then be subject to an audit by the State Department of Finance to confirm that the City expended the funds according to the scopes of work . Unused funds must be returned.
Finally, Caltrans has provided the City with a proposed Resolution, which would designate the individual listed therein to execute the FTAs, and all future Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and any amendments thereto, between the City and Caltrans, for future transportation projects receiving state or federal transportation funds through Caltrans. The R esolution is included as Attachment 1 and designates the Community Development Director as the individual authorized to execute these agreements on behalf of the City. If awarded, future individual grant awards will still be brought to Council for acceptance in accordance with the City’s grants administration procedure.
ENVIRONMENTAL REVIEW
Acceptance of the funds under the FTAs and delegation of signature authority is not a “project” under the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15378(b)(5) as the receipt of such funds constitutes an administrative activity that will not result in direct or indirect physical changes in the environment. The administrative receipt of these funds does not commit the City to implementing any project, as project implementation requires a variety of separate and distinct Council actions and approvals.
Further, CEQA review has been or will be considered by the Council in the future for each of the projects proposed to be funded with these grant funds.
FISCAL IMPACT
Staff is requesting Council to amend the FY 2023-2024 Budget by accepting a $5,100,000 grant from Caltrans and by appropriating the funds as follows:
• $3,000,000 from revenue account 127.ND000.48010.1018.19056.00000 (Public Improvements, Non-Departmental, Other Intergovernmental Revenues, Bikeway San Fernando Bikeway Project) to expenditure account
127.CD33A.70002.0000.19056.00000 (Public Improvements, Public Improvements – Transportation, Street Improvements, San Fernando Bikeway Project).
5 • $1,000,000 from revenue account 496.ND000.48010.0000.22164.41400 (Electric Utility, Non -Departmental, Other Intergovernmental Revenues, Electric Vehicle Charging Project) to expenditure account 496.PS31E.15022.0000.22164.10700 (Electric Utility, Electrical Engineering Buildings-work in progress, Electric Vehicle Charging Project).
• $1,000,000 from revenue account 107.ND000.48010.0000.24206.00000 (Measure R Transportation, Non- Departmental, Other Intergovernmental Revenues, Downtown San Fernando Boulevard Reconfiguration Project) to expenditure account 107.CD33A.70002.0000.24206.00000 (Measure R Transportation, Public Improvements – Transportation, Street Improvements, Downtown San Fernando Boulevard Reconfiguration Project).
• $100,000 from revenue account 001.CD000.48010.0000.000000.00000 (General Fund, Community Development General, Other Intergovernmental Revenues) to expenditure account 001.CD32A.62170.0000.000000.00000 (General Fund, Transportation, Private Contractual Services).
Funds will initially be drawn from the following accounts until reimbursed:
• $3,000,000 from 127.ND000.30011.0000.00000 (Public Improvements Fund, Non-Departmental, Assigned Fund Balance).
• $1,000,000 from 107.ND000.30011.0000.00000 (Measure R Transportation Fund, Non-Departmental, Assigned Fund Balance).
• $1,000,000 from 496.ND000.33000.0000.21600 (Electric Utility, Non- Departmental, Retained Earnings).
• $100,000 from 001.ND000.30010.0000.00000 (General Fund, Non - Departmental, Unassigned Fund Balance).
CONCLUSION
Staff requests that the Council adopt the Resolution a uthorizing the execution of master agreements for s tate and federal aid funded projects, approve the Funds Transfer Agreements for receipt of funds under the State Budget Act of 2022, amend the Fiscal Year 2023-2024 Budget by appropriating funds in the amount of $5,100,000 as directed in the fiscal impact section of this staff report; and approve a Subrecipient Agreement with the Boys & Girls Club . The Transportation funds directed to the Boys & Girls Club w ill help a local nonprofit provide services to area teens. The Electric Vehicle funds will help the City install ten DC fast chargers, increasing access to charging for Burbank residents and visitors alike, as well as furthering the City’s Greenhouse Gas Reduction Plan and Transportation Electrification Plan goals. The Pedestrian Infrastructure Improvement Funds will provide an important funding source i f Phase One of the Downtown San Fernando Boulevard Reconfiguration is successful and the City desires to implement a 6 more permanent transformation of the area. Both the Downtown San Fernando Boulevard Reconfiguration Project and the Active Transportation Infrastructure Project are Complete Streets Projects, which will extend the County’s network of regional Class I bicycle paths and connect to the Downtown Burbank Metrolink Station.
ATTACHMENTS
Attachment 1 – Proposed Resolution
Attachment 2 – FTA Agreement (Transportation, Electric Vehicle, and Pedestrian Infrastructure Improvements)
Attachment 3 – FTA Agreement (Active Transportation Infrastructure) Attachment 4 – Subrecipient Agreement with Boys & Girls Club of Burbank and the Greater East Valley