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  AGENDA ITEM NO. K.6.       
Meeting Date: 06/16/2020  

SUBJECT:
Consideration of Amendment No. 1 to the Cooperative Agreement with San Bernardino County Transportation Authority for the Interstate 10 at Alabama Street Interchange Project in the amount of $516,856; approve an additional appropriation of the same; and determination that this amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Chow) 
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
  1. I move City Council determine approval of Amendment No. 1 to the Cooperative Agreement with San Bernardino County Transportation Authority is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and
     
  2. I move City Council approve Amendment No. 1 to the Cooperative Agreement with San Bernardino County Transportation Authority for the Interstate 10 at Alabama Street Interchange Project in the amount of $516,856; and
     
  3. I move to approve an additional appropriation of the same.
RECOMMENDATION:

Staff recommends City Council determine approval of Amendment No. 1 to the Cooperative Agreement with San Bernardino County Transportation Authority is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act and approve Amendment No. 1 to the Cooperative Agreement with San Bernardino County Transportation Authority for the Interstate 10 at Alabama Street Interchange Project in the amount of $516,856 and approve an additional appropriation of the same.
DISCUSSION:

In May 2016, City Council approved a Memorandum of Understanding (MOU) with San Bernardino County Transportation Authority (SBCTA) for the development of the Interstate 10 at Alabama Street Interchange Project (Project). When constructed, the Project will improve the Interstate 10 at Alabama Street Interchange between Orange Tree Lane and Industrial Park Avenue, with on and off ramp widening, addition of turning lanes, new pavement and striping. As part of the MOU, funding responsibilities for the development of the estimated $10.96 million Project were delineated for the parties. Per SBCTA's 10-Year Delivery Plan and SBCTA's Development Mitigation Nexus Study, the City, SBCTA and County of San Bernardino have funding responsibilities for the Project. Specifically, SBCTA has 49.5% of the Public Share of funding responsibilities (~$5.26m) for the Project and the City and County share the remaining 50.5% (~$5.70m) Development Share, with City responsible for 34.9% ~($1.99m) and County 65.1% (~$3.71m). In November 2016, City Council approved a Development Mitigation Cooperative Agreement with the County in order to memorialize the financial responsibilities between the City and County for their shared Development Share responsibilities.

In mid to late 2019, SBCTA approached City and County about cost increases identified during design with the Project. Total Project cost has risen from the original estimate of $10.96 million to a new estimate of $15.15 million, a rise of $4.19 million. While Project costs have risen, Caltrans has committed to funding $1.25 million of the Project costs, lowering the new amount of funding needed from City, County and SBCTA to $2.94 million. With this new estimate, City costs for the Project have risen from $1,990,065 million to $2,506,921, an increase of ~$516,856. City has been in contact with both SBCTA and County and both entities have the funding necessary and desire to still move forward with the Project. In order to do so, City will need to amend both the MOU with SBCTA and the Development Mitigation Agreement with the County. On May 19, 2020, City Council approved an amendment to the Development Mitigation Agreement with the County. Approval of Amendment No. 1 to the Agreement with SBCTA is the final step to securing all funding for the Project. Assuming Council concurs with staff's recommendation of approval, SBCTA anticipates final design completion by the end of 2020, with construction to follow in Spring 2021. 

Approval of Amendment No. 1 to the Cooperative Agreement with SBCTA is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15601(b)(3) of the State's guidelines as CEQA only applies to projects which the potential to cause a significant effect on the environment.
ALTERNATIVES:

City Council may elect to not sign Amendment No.1 to the Cooperative Agreement.
STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:
Rudolph S. Chow, P.E., Municipal Utilities & Engineering Director

RECOMMENDED BY:
Charles M. Duggan Jr., City Manager

REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director

PREPARED BY:
Ross Wittman, Senior Project Manager
  

Fiscal Impact
Fiscal Year: 20-21
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 516,856
Budgeted Y/N: N
Account No.: 254400
Discussion:
An additional appropriation in the amount of $516,856 from the Freeway Interchange Fund unrestricted cash balance will be required to fund the additional obligation incurred by approval of Amendment No. 1. to the Cooperative Agreement with San Bernardino County Transportation Authority.  Notwithstanding this additional appropriation, the unrestricted cash balance in the Freeway Interchange Fund is projected to be $1,204,263 as of June 30, 2020.
Attachments
Amendment #1 to Agreement with SBCTA
I-10 Alabama Interchange Amendment #1 Additional Appropriation
Cooperative Agreement with SBCTA (REFERENCE)


    

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