Resolution Authorizing Agreements with the State of California Department of Transportation and the County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project

Agenda Item A.12

CPMS CONSENT CALENDAR
Meeting Date: September 19, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Resolution Authorizing Agreements with the State of California Department of Transpor tation and the County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project
RECOMMENDATION:

A. Adopt Resolution No. 23-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with the State of California Department of Transportation Associated with San Jose Creek Multipurpose Path Project”; and
B. Adopt Resolution No. 23-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project.” BACKGROUND:

The San Jose Creek Bike Path – Northern and Southern Segments Project (Project), an Active Transportation Program (ATP) project, will construct a multipurpose path adjacent to San Jose Creek connecting areas north of U.S. Route 101 with the Class I Atascadero Creek Bikeway (Obern Trail) east of State Route 217. The purpose of the Project is to close the multipurpose path gap in the regional active transportation network. The Project will provide a direct and continuous route for bicyclists and pedestrians from north of Calle Real to commercial and residential areas within Goleta Old Town and to the existing Class I Atascadero Creek Bikeway providing access to Goleta Beach Park, the University of California Santa Barbara (UCSB) and to the City of Santa Barbara. The southernmost 1500 linear feet of the project falls within the County of Santa Barbara’s jurisdiction.

The City of Goleta (City) was awarded approximately $18 million in ATP grant funding at the California Transportation Commission meeting on January 30, 2019. 1 Meeting Date: September 5, 2023

Page 2 of 2 ends

DISCUSSION:

The resolution designates the City Manager as the City official authorized to sign agreements and amendments on behalf of the City. The resolution does not approve any design or construction agreements , nor does it authorize staff to proceed with any projects. Those actions require separate Council approval.

The Project is faced with extremely tight timelines in order to meet grant funding deadlines. Staff recommends adoption of the resolu tions to streamline the process required by the State of California Department of Transportation (Caltrans) to execute the Cooperative Agreements and Maintenance Agreements between the City and Caltrans and the City and the County of Santa Barbara prior to construction and to meet the ATP Project deadlines.

FISCAL IMPACTS:

There are no fiscal impact s associated with the resolutions for approval and the subsequent contracts, agreements, and amendments.

ALTERNATIVES:

Council may elect to not adopt the resolutions to authorize the City Manager to execute contracts, a greements, and amendments with Caltrans and Santa Barbara County .

However, to do so may jeopardize the ability to meet the deadlines for the Project and could ultimately result in loss of grant funding.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Resolution No. 23 -___ entitled, “ A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with the State of California Department of Transportation Associated with San Jose Creek Multipurpose Path Project”

2. Resolution No. 23 -___ entitled, “ A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agre ements and Related Documents and Amendments Thereto with the County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project” 2 ATTACHMENT 1

Resolution No. 23 -___ entitled, “ A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with the State of California Department of Transportation Associated with San Jose Creek Multipurpose Path Project”

3 RESOLUTION NO. 23-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS AND RELATED DOCUMEN TS AND AMENDMENTS

THERETO WITH THE STATE OF CALIFORNIA DEPARTMEN T OF

TRANSPORTATION ASSOCIATED WITH SAN JOSE CREEK

MULTIPURPOSE PATH PROJECT

WHEREAS, the City of Goleta (City) is eligible to receive Federal and/or State funding for the San Jose Creek Multipurpose Path Project from California Department of Transportation (Caltrans); and

WHEREAS, the City is progressing on the final phases of design for the project along with acquisition of the right of way to implement the project; and

WHEREAS, Master agreements, Program Supplemental Agreements, Fund Exchange Agreements , Fund Transfer Agreements, Cooperative Agreements and/or Maintenance Agreements, any other related documents may need to be executed with Caltrans before such funds can be claimed; and

WHEREAS, the City wishes to delegate authorization to execute these agreements, related documents, and any amendments thereto to the City Manager or his/her designee subject to City Attorney approval.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:

SECTION 1.

The foregoing recitals are true and correct.

SECTION 2.

That the City Manager or his/her designee is authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, Maintenance Agreements, Cooperative Agreements and any amendments thereto with the State of California Department of Transportation.

SECTION 3.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

4 PASSED, APPROVED AND ADOPTED this 19th day of September 2023.

__________________________

PAULA PEROTTE, MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

5 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 19th day of September, 2023 by the following vote of the Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

6 ATTACHMENT 2

Resolution No. 23 -___ entitled, “ A Resolution of the City Council of the City of Goleta, California, Authorizing the City Manager to Execute Agreements and Related Documents and Amendments Thereto with the County of Santa Barbara Associated with San Jose Creek Multipurpose Path Project”

7 RESOLUTION NO. 23-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS AND RELATED DOCUMEN TS AND AMENDMENTS

THERETO WITH COUNTY OF SANTA BARB ARA ASSOCIATED WITH

SAN JOSE CREEK MULTIPURPOSE PATH PROJECT

WHEREAS, the City is progressing on the final phases of design for the San Jose Creek Multipurpose Path (Path) Project along with acquisition of the right of way to implement the project; and

WHEREAS, a portion of the project is within property owned by the County of Santa Barbara (County); and

WHEREAS, the County has identified the method by which they will permit the Path to be constructed within their property, which includes a Memorandum of Understanding (MOU), Secondary Use Agreements and Maintenance Agreements , related documents, and amendments thereto need to be executed with the County before project award of construction; and

WHEREAS, the approval of these agreements are on the critical path to meet the current deadlines for the project grant funding; and