CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: February 21, 2023
SUBJECT: Adoption of Resolution No. 2023-1416, Approving and Authorizing the Public Works Director/City Engineer to Execute all Right-of-Way Certifications and Documents Necessary to Implement State and/or Federally Funded Projects
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023-1416, approving and authorizing the Public Works Director/City Engineer to execute all right-of-way certifications and documents necessary to implement state and/or federally funded projects.
BACKGROUND
On February 15, 2022, the City Council adopted Resolution No. 2022-1378 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the Orange County Transportation Authority (Attachment "A"). The project list submittal was the first step towards obtaining federal CRRSAA funding. Subsequently, the City of Laguna Niguel was allocated $200,000 in CRRSAA funding for the Marina Hills Drive (Niguel Road to Golden Lantern) Resurfacing Project. The design phase of the project is completed, but before the project can advance to the construction phase, a right-of-way certification must be submitted to the California Department of Transportation (Caltrans), the agency that administers federally funded projects.
Receiving state and/or federal funding for infrastructure projects supports City Council Goal 2 (Fiscal Sustainability) and Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
As a next step in the grant administration process, a right-of-way certification must be submitted to Caltrans, even if the acquisition of right-of-way is not required, as is the case
on the Marina Hills Drive (Niguel Road to Golden Lantern) Resurfacing Project. Chapter 17 of the Caltrans Right-of-Way Manual states that right-of-way certifications must be executed by an authorized official of the City of Laguna Niguel. As such, the City Council must adopt a resolution that clearly identifies the representative who is authorized to sign on the City's behalf.
Resolution No. 2023-1416 (Attachment "B") approves and authorizes the Public Works Director/City Engineer to execute all right-of-way certifications and documents necessary to implement state and/or federally funded projects. Resolution No. 2023-1416, as written, also streamlines the grant administration process on future state and federally funded projects.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Resolution No. 2023-1416. This alternative is not recommended because it will cause significant delays to the project and grant administration.
FISCAL REVIEW
There is no fiscal impact as a result of this action.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolution and approved as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2023-1416, approving and authorizing the Public Works Director/City Engineer to execute all right-of-way certifications and documents necessary to implement state and/or federally funded projects.
City Manager
Kaun plum
Kathy Nguyen John Pham
Engineering Services Manager Engineering Technician
Attachments:
A. Resolution No. 2022-1378
B. Resolution No. 2023-1416
ATTACHMENT A
Resolution No. 2022-1378
RESOLUTION NO. 2022-1378
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AUTHORIZING THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS
RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM WHEREAS, the City of Laguna Niguel is being provided $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program; WHEREAS, the City of Laguna Niguel is eligible to receive federal funding through the California Department of Transportation;
WHEREAS, the Orange County Transportation Authority (OCTA) is responsible for the distribution of the CRRSAA funding;
WHEREAS, OCTA has developed guidelines for administering and distributing CRRSAA funds to eligible local agencies through the 2021 PMRF Program; and WHEREAS, the City of Laguna Niguel is the lead agency for projects) and will comply with all applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Laguna Niguel, that it herby authorizes the submittal of the following project nomination(s) to OCTA for CRRSAA funding:
• Marina Hills Drive (Niguel Road to Golden Lantern) Resurfacing Project for $200,000 in CRRSAA funding.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.
Clains !
Elaine Gennawey, Mayor
ATESAM
Thy M. Merritt
Acting City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF LAGUNA NIGUEL )
1, Thy M. Merritt, Deputy City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2022-1378, vhich was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on February 15, 2022, by the following vote:
AYES: Council Members Jennings, Minagar, and Sharma; Mayor Pro Tem Rains, and Mayor Gennawey
NOES:
ABSTENTIONS:
ABSENT:
Thy M. Merritt
Deputy City Clerk
ATTACHMENT B
Resolution No. 2023-1416
RESOLUTION NO. 2023-1416
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
APPROVING AND AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS AND
DOCUMENTS NECESSARY TO IMPLEMENT STATE AND/OR FEDERALLY
FUNDED PROJECTS
WHEREAS, all state funded and federally funded projects require right-of-way certification prior to construction funding authorizations; and WHEREAS the California Department of Transportation (Caltrans) administers state funded and federally funded projects; and
WHEREAS, pursuant to Chapter 17 of the Caltrans Right-of-Way Manual, right-of- way certification must be executed by an authorized official of the City of Laguna Niguel; WHEREAS, in accordance with said section of the Caltrans Right-of-Way Manual, a resolution giving a responsible agency official blanket authority to execute right-of way certifications must be adopted by the City Council; and WHEREAS, prior to requesting authorization to advertise and award a construction contract, the local agency responsible for the project must prepare, sign, and submit a right-of-way certification to Caltrans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel as follows:
The City Council hereby authorizes the Public Works Director/City Engineer to execute all right-of-way certifications and documents necessary to implement state and/or federally funded projects.
PASSED, APPROVED AND ADOPTED this 21st day of February, 2023.
Sandy Rains, Mayor
ATTEST:
Marissa J. Asistin, CMC
City Clerk