COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

February 10, 2009

BOARD MEETING DATE:

March 3, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Termination of “Cost-Sharing” Agreement with Trestle Glen Associates (TGA) and Execution of an Amendment to the Memorandum of Understanding with the Town of Colma and TGA (Project No. OM017, F-36 [397])

RECOMMENDATION:

Adopt a resolution authorizing:

(1)

termination of the “cost-sharing” agreement with Trestle Glen Associates, and

(2)

execution of an Amendment to the Memorandum of Understanding (MOU) with the Town of Colma and TGA for the F-Street Sidewalk and Streetscape Improvement Project in the Town of Colma.

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

The termination of the cost-sharing agreement and Amendment to the MOU will allow the available funding to be applied to another project for the benefit of the public.

BACKGROUND:

The County agreed to work with TGA to construct the F-Street Sidewalk and Streetscape Improvement Project on F-Street adjacent to the housing development within the Town of Colma. The project was expected to be financed by Federal Congestion Mitigation and Air Quality Improvement (CMAQ) funding.

On December 4, 2007, your board adopted Resolution No. 069137, authorizing the Director of Public Works to submit an application to the Metropolitan Transportation Commission (MTC) for CMAQ funding to finance the Project. The County has since applied for and received approval for the CMAQ funding.

On August 5, 2008, your board adopted Resolution No. 069627, authorizing the execution of a Memorandum of Understanding with the Town of Colma and TGA for the construction of housing and streetscape on F Street in Colma.

On September 9, 2008, your board adopted Resolution No. 069668 executing a “cost-sharing” agreement with TGA for the reimbursement of approximately 12% of the costs for the F-Street Sidewalk and Streetscape Improvement Project in the Town of Colma, with the understanding that the remainder of the cost of the project be financed with CMAQ grant funds.

DISCUSSION:

Due to timing and scheduling constraints, TGA has recently decided to perform and pay for the work using TGA’s own funds rather than the CMAQ funding. Therefore, TGA has requested the termination of the F Street “cost-sharing” Agreement, and redirection of some or all of the $231,000 in CMAQ funding to another eligible project in the County. The Amendment of the MOU would relieve the County of financial responsibility for the sidewalk.

The City/County Association of Governments, which administers the allocation of CMAQ and State Transportation Improvement Program (STIP) Transportation Enhancement (TE) Funding for roads that is made available through the Metropolitan Transportation Commission (MTC), has advised that the CMAQ funds cannot be reprogrammed to another project due to the program schedule requirement. However, the CMAQ funds, which would otherwise be lost entirely, can be exchanged with $163,000 in STIP TE funds.

Along with this item, the Board is considering Public Works’ request for authorization to redirect the STIP TE funds that have been awarded, by applying for $163,000 in STIP TE funds for the Installation of Pedestrian Lighted Crosswalks, Pedestrian Traffic Countdown Signals, and Sidewalk Improvement Projects at various locations of the unincorporated areas of San Mateo County. The Resolution has been reviewed and approved as to form by County Counsel.

FISCAL IMPACT:

There is no impact to the General Fund.