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021521 PW PW Director Authorization to Execute CalTrans Documents Agenda Report

City Council - Successor Agency - Housing Authority
February 15, 2022

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021521 PW PW Director Authorization to Execute CalTrans Documents Agenda Report
Meeting
February 15, 2022
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City Council - Successor Agency - Housing Authority
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Agenda Report
Fullerton City Council
MEETING DATE: FebRUARY 15, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: jeffREY W. collier, ACTING City Manager
PREPARED BY: meg mcwade, public works director
Jerome Joaquin, Senior Administrative analyst
SUBJECT: AuthoriZATION TO EXECUTE CERTAIN DOCUMENTS AS REQUIRED BY California Department of Transportation

SUMMARY
The City of Fullerton is eligible to receive Federal and/or State funding for Transportation Projects administered by the California Department of Transportation (Caltrans). To remain eligible for funding, the City must adopt a resolution to include the list of agreements and other Caltrans documents, such as Right-of-Way Certification, for execution by the designated city official.

RECOMMENDATION
Adopt Resolution No. 2022-XXX.

RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR DESIGNEE, TO EXECUTE AGREEMENTS, AMENDMENTS, RIGHT-OF-WAY CERTIFICATIONS AND ALL OTHER REQUIRED DOCUMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:

Infrastructure and City Assets.

FISCAL IMPACT
The City remains eligible to receive Federal and/or State funding by complying with this requirement.

DISCUSSION
The City of Fullerton has historically received Federal and/or State funding to improve streets within the City. The California Department of Transportation (Caltrans) typically administers and manages the funding. Agencies need to follow the Caltrans Local Assistance Procedure Manual (LAPM) In order to continue to receive this funding.

Resolution No. 10-20, adopted on March 16, 2010, authorized the Director of Engineering to sign supplemental agreements with the State of California. The City has reorganized since that time, combining the Engineering Department and Maintenance Services Department into a single Public Works Department. In addition to updating the designation language to reflect the City’s current organizational structure, Caltrans has updated its requirement. As specified in Chapter 13 of the LAPM, the local agency must prepare the Right-of-Way Certification even if the project does not require right-of-way.

Caltrans now requires an authorized official to certify right-of-way requirements when receiving funds. An authorized official from the local agency must endorse a Right-of-Way Certification and forward to Caltrans for acceptance. In addition, the Manual stipulates that a local agency “…may adopt a resolution giving a responsible agency official blanket authority to execute Right-of-Way Certifications”. This procedure will streamline the process and avoid the necessity to complete such certifications for each project by separate resolutions.

The Right-of-Way Certification summarizes the status of all right-of-way related matters pertaining to a proposed construction project receiving federal funds. Caltrans requires certification in order to proceed with project authorization for construction from Caltrans.

Resolution No. 2022-XX would authorize the Director of Public Works Department, or designee, to execute the Right-of-Way Certification, supplemental agreements and other documents as required by Caltrans for Federal and State funded projects.

Attachment:

Attachment 1 – Draft Resolution 2022-XX
Public Works Director Authorization to Execute Various Caltrans Documents February 15, 2022 - Page 2

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