HomeMy WebLinkAbout103-CTC Memo.pdfState of California Business, Transportation and Housing Agency
DEPARTMENT OF TRANSPORTATION
“Caltrans improves mobility across California”
M e m o r a n d u m
To: CHAIR AND COMMISSIONERS CTC Meeting: June 30–July 1, 2010
Reference No.: 2.6c.
Action Item
From: NORMA ORTEGA Prepared by: Steven Keck
Chief Financial Officer Division Chief
Budgets
Ref: ALLOCATION FOR LOCAL PROPOSITION 116 BICYCLE PROGRAM PROJECT
RESOLUTION BFP-09-07
RECOMMENDATION:
The California Department of Transportation (Department) recommends the California
Transportation Commission (Commission) allocate $460,851 in Proposition 116 Bond funds,
authorized under Public Utilities Code (PUC) Section 99650, to the City of Saratoga for the
Highway 9 Bicycle Safety Improvements – Phase III project in Santa Clara County, as described on
the attached Vote List.
ISSUE:
The attached vote list describes one locally-administered Proposition 116 Bicycle Program project
for $460,851, plus $75,649 from local sources. The recipient is ready to proceed with this project
and is requesting an allocation at this time.
FINANCIAL RESOLUTION:
Resolved That:
1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an annual
program for mass transportation capital purposes, and the electorate enacted both
Proposition 108, the Passenger Rail and Clean Air Bond Act of 1990, and Proposition 116,
the Clean Air and Transportation Improvement Bond Act of 1990 in the June 1990, election
authorizing the sale of general obligation rail bonds for rail transit purposes; and
1.2 WHEREAS, the Project, further detailed on the attached vote list, as component phases or in
its entirety, appears on the necessary State capital projects funding list and is entitled to
participate in this allocation; and
1.3 WHEREAS, the Recipient is committed to providing any required local matching funds and
to fully fund implementation of the Project in compliance with grant or bond funding
requirements or, if Recipient meets that criteria, in compliance with the conditions of
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Commission Resolution G-92-14, "Guidelines for the Deferral of the Commission's
Proportional Expenditure of State Funds Policy;" and
1.4 WHEREAS, the Commission has established a "Hazardous Waste Identification and Clean-
up Policy" (#G-91-2) which requires the Recipient to perform, with diligence, the process of
identification and remediation of any hazardous waste in the right-of-way, easements and
properties.
2.1 NOW THEREFORE BE IT RESOLVED, that an allocation of $460,851 in PROPOSITION
116 CLEAN AIR AND TRANSPORTATION IMPROVEMENT BOND proceeds be
allocated to the recipient for the project, as detailed on the attached vote list; and
2.2 BE IT FURTHER RESOLVED, that the transfer of funds for the project shall be governed
by a program supplement, and subsequent amendments to the same if required; and
2.3 BE IT FURTHER RESOLVED, that the recipient shall provide the Department with an
updated expenditure plan on a quarterly basis by category including any proposed changes
for the balance of all funded project allocations commencing with the first quarter; and
2.4 BE IT FURTHER RESOLVED, that in any instance of bond financing of the project, the
Commission, acting on behalf of the State, by this resolution intends:
A. To cause and approve the issuance of taxable or tax-exempt State general obligation
bonds under Proposition 116, as appropriate: to reimburse the recipient for the project
identified on the attached vote list;
B. To reimburse the recipient for expenditures that shall not have been paid from the
proceeds of any other tax-exempt indebtedness unless such prior indebtedness is
retired with the proceeds of such State monies;
C. That this resolution be a declaration of official intent of the State within the meaning
of U.S. Treasury Regulations Section 1.103-17(c) with respect to the project; and
2.5 BE IT FURTHER RESOLVED, that in any instance of bond financing, an allocation for the
project is subject to the following conditions and assurances:
A. Completed bond sales authorized by the Office of the State Treasurer;
B. Receive bond certification from the Department, preferably prior to the Commissions’
allocation action but, certification must be obtained prior to execution of the fund
transfer agreement,
C. The recipient's certification that it will not adopt new or increased current development
taxes, fees, exactions or permit fees for the purpose of providing local matching funds;
and the certification of this delivered to this Commission, preferably by the time of
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Commission allocation action but not later than prior to execution of a fund transfer
agreement,
D. A formal resolution by the recipient's board stating that when utilizing State funding
for acquisition of property or for capital improvements on the project, recipient has
exercised all due diligence in the discovery of hazardous wastes; that recipient will
enter into enforceable agreement(s) with any and all owners of to-be-acquired
properties for clean-up of hazardous wastes pursuant to the requirements of Resolution
G-91-2 regarding Hazardous Waste Identification and Clean-up for Rail Right-of-
Way; delivered to this Commission,
E. A formal resolution by the recipient's board, stating that when utilizing state-provided
and other-than-state funding for acquisition of property or for capital improvements on
the project, recipient shall agree to indemnify, defend and hold harmless the State,
Department and the Commission from clean-up liability or damage, both present and
future; and that no additional State funds will be requested for clean-up, damages, or
liability associated with hazardous wastes on or below the acquired property, delivered
to this Commission;
F. That in any instance of bond financing with Proposition 116 funds, eligible costs may
be incurred for project development after the project application approval, and all
reimbursements of eligible costs are subject to an executed fund transfer agreement;
G. The recipient shall provide the Commission with an "Evaluation of Property Report"
by the time of the Commission allocation action, in compliance with Commission
Policy G-95-09, Rail Right-of-Way Review Policy, to be verified by the Department
or its agent;
H. The recipient shall post on the project construction sites at least one sign, visible to the
public, stating that the project is partially funded with Proposition 116 Clean Air and
Transportation Improvement Bond Act of 1990 proceeds;
2.6 BE IT FURTHER RESOLVED, that this Commission shall be entitled to a then present
value refund, or credit, at State's option, equivalent to the proportionate funding
participation by the State towards property acquisition and project construction in the
event that recipient, or successor public entities, fail or cease to utilize the project for the
intended public passenger rail purposes or sells or transfers title to the project. The credit
for future purchases or condemnation of all or portions of the project by the State, and the
refund or credit due the Commission in each instance, will be measured by the ratio of
State and other public funding to that provided from recipient. That ratio will be applied
to the then fair market value of the project property; and
2.7 BE IT FURTHER RESOLVED, that if the recipient receives any revenues or profits from
any non-governmental use of property allowed pursuant to bond certification (whether
approved at this time or hereafter approved by the State), the recipient agrees that such
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revenues or profits shall be used exclusively for the public transportation services for
which the project was initially approved, either for capital improvements or maintenance
and operational costs. If the recipient does not so dedicate the revenues or profits, a
proportionate share shall (unless disapproved by State's Bond Counsel) be paid to the State
equivalent to the State's percentage participation in the project.
2.8 BE IT FURTHER RESOLVED, that an allocation for the project is subject to the
following conditions and assurances:
A. Reimbursements of eligible costs are subject to the terms and conditions of the
executed fund transfer agreement;
B. The grant recipient must complete the work to be reimbursed and the actual
reimbursement by June 30, 2014, unless the Commission authorizes a waiver that
extends, if permitted by statute, the period of availability of the funds.
Attachment