SCSPC STAFF REPORT

SUBJECT: Rincon Multi Use Trail

MEETING DATE: September 6, 2017 AGENDA ITEM: 4

STAFF CONTACT: Fred Luna

RECOMMENDATION:

Recommend approval and to authorize the chair of the SBCAG board to sign a Memorandum of Understanding (MOU) with the City of Carpinteria as it relates to implementation of the Rincon Multi-Use Trail Project.

DISCUSSION:

The Rincon Multi-Use Trail, will complete a gap in the California Coastal Trail, between Rincon Beach County Park and end of the Carpinteria Avenue within the City of Carpinteria. The trail begins in the City of Carpinteria, extends into Caltrans right of way, requires a bridge crossing over the Union Pacific Railroad tracks and ultimately ends at the Rincon Beach County Park where it will connect with the recently constructed 4 mile bike/ped path to Mussel Shoals. A non-motorized link to beaches and surfing destinations would be created by the project. The trail is approximately 0.9 miles long and has the support of the City of Carpinteria, the County of Santa Barbara and the California Coastal Commission. See the figure below that shows the alignment of the trail.

The City of Carpinteria has been leading the implementation of this project through the environmental studies and they approved an environmental document in May 2015. The City of Carpinteria and County of Santa Barbara have partnered on funding and have received three Measure A Pedestrian and Bicycle grants to date to keep the project moving. In late 2015, the City of Carpinteria, in association with the Coastal Development Permit (CDP) that was considered and ultimately approved for the Highway 101/Linden Casitas Interchanges project, conditioned Caltrans, working in conjunction with SBCAG, the City and the County to implement the Rincon Multi-Use Trail project no later than the completion of the construction for Linden Casitas.

In January 2016, the CTC approved funding for the Highway 101/Linden Casitas Project and based on the anticipated duration for construction that project was scheduled for completion in 2020. As a result, Caltrans and SBCAG focused efforts with the City and County to continue progress on the Rincon Project but more specifically seeking the remaining funding for the project. In May 2016, the SBCAG board approved an item to have SBCAG lead the effort to prepare an application for Active Transportation Program (ATP) funds. SBCAG worked closely with Caltrans, City and the County to prepare an ATP application for Cycle 3 to seek construction phase funding beginning in fiscal year 19/20 to match the conditions of approval in the CDP.

In October 2016, SBCAG was awarded funding from Cycle 3 of ATP for the full amount of construction phase (capital and support) amounting to $6.83 million. SBCAG is the named recipient of the ATP funds and has responsibilities for reporting expenditures to Caltrans. Meanwhile, the City continues to be the recipient of design, and right of way funding from Measure A. With this funding and previous grants from Measure A and other sources, the City has retained consultant services provided by Bengal Engineering. Bengal’s team has continued to work on the design and other work efforts and was instrumental in preparing the package that went to the California Public Utilities Commission for the new proposed overhead crossing of the Union Pacific Railroad that was ultimately approved in October 2016. Lastly, the City and County have recently sought a grant from the California Coastal Conservancy in the amount of $150,000 to assist with anticipated design and right of way costs.

This project has a number of funding sources that are being contributed by both SBCAG and the City of Carpinteria, in addition to responsibilities that each of our respective agencies need to complete to ensure successful delivery of the project. Consequently, SBCAG staff proposed to City in June 2017 via a letter (see Attachment 1) that our two agencies enter into an MOU to outline those responsibilities. The letter outlined some of the issues that would be addressed in the MOU. Since that time, SBCAG staff has met with the City of Carpinteria on June 29, 2017 and have had two additional Project Development Team meetings. Following those meetings, SBCAG staff has drafted the attached MOU (see Attachment 2) which has been provided to the City for review. Staff is seeking a recommendation from the South Coast committee to continue working with the City staff to finalize the MOU and bring to the SBCAG board and the Carpinteria City Council for approval.

Attachments: 1. Letter from SBCAG to City of Carpinteria on MOU for Rincon2. Rincon Trail MOU

ATTACHMENT 1

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M E M O R A N D U M O F U N D E R S T A N D I N G between

the Santa Barbara County Association of Governments and the City of Carpinteria

for RINCON MULTI-USE TRAIL PROJECT

This Memorandum of Understanding, herein MOU, between the Santa Barbara County Association of Governments (SBCAG) and the City of Carpinteria, a municipal corporation (CITY) is entered into with the authorization of the Board of Directors of the SBCAG and the City Council of CITY and herein referred to collectively as PARTIES.

WHEREAS, CITY has sponsored and solicited work for a project to close a gap in the California Coastal Trail (CCT) between southern CITY limits at Carpinteria Avenue to County Rincon Park, called Rincon Multi-Use Trail and herein RINCON PROJECT, and;

WHEREAS, the CITY as lead agency under the California Environmental Quality Act (CEQA), completed and certified an Initial Study / Mitigated Negative Declaration for RINCON PROJECT in 2015, and;

WHEREAS, the CITY also approved a Coastal Development Permit (CDP) for the portion of the RINCON PROJECT within its jurisdiction

WHEREAS, the RINCON PROJECT also extends into portions under the jurisdiction of the County of Santa Barbara, herein COUNTY, and RINCON PROJECT requires approval of a CDP from COUNTY, and;

WHEREAS, the CITY in November 2015 approved a CDP for a project being led by the California Department of Transportation, herein CALTRANS, to make improvements at two interchanges at Linden Avenue and Casitas Pass Road and including a number of local circulation improvements, herein called LINDEN CASITAS PROJECT, and;

WHEREAS, included in the CDP for the LINDEN CASITAS PROJECT were conditions of approval for CALTRANS to complete RINCON PROJECT no later than the anticipated construction date for the LINDEN CASITAS PROJECT, which is currently anticipated in 2020, and;

WHEREAS, the CITY and COUNTY, have either independently or jointly applied for and received funding from various statewide grants and regional Measure A pedestrian and bikeway grants to continue progress on RINCON PROJECT, and;

WHEREAS, SBCAG applied for and received funding from the statewide Active Transportation Program (ATP) grant program in 2016, which has been applied to the construction phase of the RINCON PROJECT with SBCAG identified as the fund recipient and grant administrator, and;

WHEREAS, SBCAG has requested that a portion of the Cycle 3 ATP funds be advanced and reprogrammed to the design and right of way phases of the RINCON PROJECT to offset anticipated project development costs, and;

WHEREAS, delivery of the RINCON PROJECT no later than 2020 requires cooperation among all PROJECT participants, CITY, COUNTY, SBCAG and CALTRANS. However, since CITY

ATTACHMENT 2

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and SBCAG are each leading particular efforts related to the RINCON PROJECT and are contributing funding to the RINCON PROJECT, an MOU is required to guide the implementation, define roles and responsibilities, and outline funding levels by various sources.

NOW THEREFORE, the PARTIES do mutually agree as follows:

1. Project Description

RINCON PROJECT proposes to complete a gap in the CCT by constructing a 5,000 foot longtrail which will accommodate pedestrians and bicycles and improve coastal access as shownin Attachment A, project location map. The trail will initiate at the end of the CarpinteriaAvenue at the intersection of State Route 150 and connect to Rincon Beach County Park. Inorder to make this connection, a 150’ long pre-fabricated bridge will be constructed overUnion Pacific Railroad (UPRR) right of way. The RINCON PROJECT will connect to thesouth another Class I bikeway from Rincon State Park to Seacliff Drive (4 miles) in VenturaCounty and to the north with Class II bike paths along Carpinteria Avenue in the City ofCarpinteria.

2. Need and Support

Completion of the RINCON PROJECT will close a significant gap in the CCT and is supportedby outside entities such as the California Coastal Commission, and Coastal Conservancy.Additionally, the RINCON PROJECT will provide a significantly safer option than what existscurrently where bicyclists must use U.S. 101 and pedestrians currently use UPRR right ofway for illicit trespassing or crossing to reach coastal destinations. UPRR has provided aconcept approval for the RINCON PROJECT and the California Public Utilities Commission(CPUC) has approved the elevated bridge crossing.

3. Roles and Responsibilities

PARTIES agree to work closely together to complete the RINCON PROJECT for purposesof completing final design, right of way and permitting and construction. PARTIES agree tofulfill the roles and responsibilities for the various remaining phases of the RINCONPROJECT as shown in Attachments B1 and B2.

4. Funding

PARTIES have collaborated in obtaining funding to achieve a fully funded status for theremaining phases of the RINCON PROJECT. The overall cost and funding by phase for theRINCON PROJECT is detailed in Attachment C.

5. Schedule

PARTIES agree to work together to complete the work within the timeframe outlined in themilestone schedule included in Attachment D.

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6. Points of Contact

a. CITY: Matt Roberts, Parks and Recreation Director City of Carpinteria Address: 50 Higuera Street, San Luis Obispo CA 93401 Telephone: (805) 549-3144 Email: scott.eades@dot.ca.gov

b. SBCAG: Fred Luna, Deputy Corridor Manager Address: 260 North San Antonio Road, Suite B Santa Barbara, CA 93110 Telephone: (805) 961-8926 Email: FLuna@sbcag.org

7. Amendment

This MOU may be amended or extended only by approval by the SBCAG Board of Directorsand the CITY Council of Carpinteria.

8. Term of the Memorandum of Understanding Agreement

The term of this MOU shall become effective upon signature of PARTIES until the completionof the work outlined in this MOU. This MOU may be terminated by either party upon thirty(30) days of written notification to the other.

9. Termination

This MOU may be terminated by either party upon thirty (30) days of written notification tothe other.

10. California Law and Jurisdiction

This MOU shall be governed by the laws of the State of California. Any litigation regarding thisMOU or its contents shall be filed in the County of Santa Barbara, if in State court, or in thefederal district court nearest to Santa Barbara County, if in federal court.

11. Execution of Counterparts

This MOU may be executed in any number of counterparts and each of such counterparts shallfor all purposes be deemed to be an original; and all such counterparts, or as many of them asthe PARTIES shall preserve undestroyed, shall together constitute one and the sameinstrument.

12. Authority

All signatories and PARTIES to this MOU warrant and represent that they have the power andauthority to enter into this MOU in the names, titles and capacities herein stated and on behalfof any entities, persons, or firms represented or purported to be represented by such entity(ies),

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person(s), or firm(s) and that all formal requirements necessary or required by any State and/or federal law in order to enter into this MOU have been fully complied with.

13. Precedence

In the event of conflict between the provisions contained in other MOUs between the PARTIES, the provisions contained herein shall prevail.

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IN WITNESS WHEREOF, the PARTIES hereto have executed this memorandum of understanding on the day and year below written. CITY OF CARPINTERIA SBCAG By: By: Name: Fred Shaw Name: Michael T. Bennett Title: Mayor Title: Chair, SBCAG Date: Date: Attest: Attest: By: By: Name: Fidela Garcia Name: Marjie Kirn

Title: City Clerk Title: Executive Director/Clerk for SBCAG Board

Date: Date: Approved as to Form: Approved as to Form: By: By: Peter N. Brown Rachel Van Mullem

Brownstein Hyatt Farber Schreck, LLP Chief Assistant County Counsel

Acting as City Attorney for the CITY OF CARPINTERIA

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ATTACHMENTS

A. Project Location MapB1. Roles and Responsibilities - Project Management, Financing and Environmental B2. Roles and Responsibilities - Design, Right of Way, Utilities and Permitting C. Cost and Funding TableD. Milestone Schedule

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ATTACHMENT A

RINCON PROJECT Project Location Map

ATTACHMENT B1

Roles and Responsibilities – Project Management, Financing and Environmental

PHASE AND TASK RESPONSIBLE PARTY COMMENTS

SBCAG CITY 1. Project Management / Finance / Administration PDT Meetings Facilitation, Action Items L Project Schedule S S City’s consultant will prepare/update

schedule with SBCAG oversight 2. Project Finance / Administration / Funding Measure A Cycle 3 Grant Invoices S S ATP Reimbursement for Invoices L SBCAG submit reimbursement invoices to

Caltrans 3. Environmental - CEQA Supplemental / Addendum to IS/MND L Supplemental Technical Studies L Certification of Environmental Document L 4. Environmental - NEPA Technical Studies (Air, Noise, Natural

Environment, Visual, Cultural, etc.) L

Categorical Exclusion L

LEGEND:

Symbol Description S Shared responsibility among PARTIES L Lead responsibility by either SBCAG or CITY

ATTACHMENT B2

Roles and Responsibilities – Design, Right of Way, Utilities and Permitting

And Construction

PHASE AND TASK RESPONSIBLE PARTY COMMENTS SBCAG CITY

5. Design30% Design Plans and Specs L 30% Drainage Report L 65% Design Plans, Specs, Estimate L 95% Design Plans, Specs, Estimate L 100% Design Plans, Specs, Estimate L

Geotechnical and Foundation Investigations Report

L

6. Right of Way, Utilities and Railroad 30% Railroad Submittal S S City’s design consultant to prepare / SBCAG

RR consultant to submit 65% Railroad Submittal S S 100% Railroad Submittal S S Submittal of PE Letter S L City to pay UPRR invoices Construction Maintenance Agreement S L City to enter into maintenance agreement

with UPRR

Utility Potholing (as necessary) L Utility Mapping L Utility Coordination/Documentation L Utility Agreements (as necessary) L

Right of Way Appraisal Mapping L Right of Way Deeds, Agreements, Title Reports, etc.

L

Right of Way Negotiation and Contracts S L

Right of Way Certification L 7. Permitting

Coastal Permitting City of Carpinteria L Already complete. Coastal Permitting County of Santa Barbara S L Regulatory Agency Permits L Encroachment Permit(s) from Caltrans S L

8. Construction Construction Bidding Support L Construction Advertisement for Bids L Construction Contract L Construction Administration, Inspection, Engineering

L

Public Information S S

LEGEND:

Symbol Description S Shared responsibility among PARTIES L Lead responsibility by either SBCAG or CITY

ATTACHMENT C

Cost and Funding Table (Dollars in Thousands)

PHASE COST

FUNDING

SBCAG CITY TOTAL

Concept/Environmental1 $303 $0 $303 $303

Design1,2 $608 $321 $287 $608

Right of Way/Utilities1,2 $541 $481 $60 $541

Construction3 $6,042 $6,042 $0 $6,042

Total $7,494 $6,844 $650 $7,494

Notes:

1. Includes individually pursued grants by the CITY as well grants from Measure A Pedestrian and Bike Programand Coastal Conservancy that were jointly pursued with SBCAG and County of Santa Barbara

2. Funding contributed by SBCAG is from ATP augmentation as a result of SB1 and the fact PROJECT is in Cycle3.

3. Funding contributed by SBCAG through Cycle 3 of ATP.

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ATTACHMENT D

Milestone Schedule

MAJOR TASK RESPONSIBLE PARTY TARGET DATES

PE Letter Sent to UPRR CITY October 2017

Design And Right of Way Funds Authorized SBCAG February 2018

30% Design Complete CITY March 2018

Complete CEQA Supplemental/Addendum CITY March 2018

Complete NEPA CITY (w/ CALTRANS) June 2018

30% UPRR Review CITY July 2018

Coastal Development Permit from COUNTY CITY August 2018

Maintenance Agreement CITY (w/COUNTY) December 2018

65% Design Complete CITY February 2019

Construction Maintenance Agreement CITY (w/UPRR) June 2019

100% Design Complete CITY July 2019

Construction Phase Funds Authorized SBCAG August 2019

Right of Way Certified CITY August 2019

Advertise for Construction Bids CITY September 2019

Award Construction Contract CITY December 2019

Begin Construction CITY March 2020

Complete Construction CITY March 2021