HomeMy WebLinkAbout2024-11-12; City Council; 03; Amendment to the scope of the San Diego Association of Governments’ Active Transportation Grant for the Carlsbad Boulevard and Tamarack Avenue Intersection Improvements PCA Review GH
Meeting Date: Nov. 12, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2820
Subject: Amendment to the scope of the San Diego Association of Governments’
Active Transportation Grant for the Carlsbad Boulevard and Tamarack
Avenue Intersection Improvements Project
District: 1
Recommended Action
Adopt a resolution approving the submittal of a request to amend the San Diego Association of
Governments Active Transportation Grant for the Carlsbad Boulevard and Tamarack Avenue
Intersection Improvements Project to change its scope and extend it for two years.
Executive Summary
The City Council approved the conceptual design of the Carlsbad Boulevard and Tamarack
Avenue Intersection Improvements Project on July 18, 2023. The project includes a roundabout
at the intersection, pedestrian safety improvements and widening the sidewalk on the bridge
over the Agua Hedionda Lagoon inlet.
The City Council authorized staff to proceed with the next steps of the project, including the
design and permitting phases, but directed staff to wait until construction of the roundabout at
the Carlsbad Boulevard and Cannon Road intersection is completed and performance data
could be analyzed before seeking the City Council’s approval for construction. (The minutes of
the meeting are provided as Exhibit 6.) The construction of the roundabout at Carlsbad
Boulevard and Cannon Road is expected to be completed by 2028.
The San Diego Association of Governments (SANDAG) grant was awarded to the city for a
project that expires in 2025. Staff are requesting the City Council’s approval to ask SANDAG to
change the scope of the grant agreement so the remaining applicable funds can be used for the
project’s final design and environmental studies and to request a two-year time extension. The
agreement currently specifies that those grant funds could only be used for the construction
phase.
Nov. 12, 2024 Item #3 Page 1 of 58
Explanation & Analysis
Timeline
•On March 10, 2015, the City Council authorized the Public Works Director to apply for a
grant from the SANDAG under the Active Transportation Grant Program for the Carlsbad
Boulevard and Tamarack Avenue Intersection Improvements Project, accepting the
terms of the grant agreement. (Resolution No. 2015-056, Exhibit 2)
•The Public Works Director signed the original grant for $1,054,000 on May 9, 2016.
(Exhibit 3)
•SANDAG has provided two extensions to the grant term, Exhibits 4 and 5, to allow the
city more time to collaborate on the project details with California State Parks, which
owns land immediately adjacent to the project area. The current grant deadline is May
8, 2025.
•On July 18, 2023, the City Council approved the conceptual design of the project, which
includes a roundabout at the intersection, pedestrian safety improvements and
widening the sidewalk on the bridge over the Agua Hedionda Lagoon inlet, Exhibit 6. The
City Council authorized staff to proceed with the next steps of the project and directed
them to return with information about another coastal roundabout before seeking City
Council approval for construction.
The roundabout at Carlsbad Boulevard and Cannon Road is expected to be completed by 2028.
Staff plan to return with data about the roundabout’s performance within five months of the
project’s completion, in keeping with the City Council’s direction.
Based on the Carlsbad Boulevard and Cannon Road roundabout’s performance, the City Council
could then consider whether to approve the design of the Carlsbad Boulevard and Tamarack
Avenue roundabout, request design changes or consider changing the design to a traffic signal
instead of a roundabout.
SANDAG grant
The original grant was approved for the amount of $1,054,000 total, requiring a 42% match
from the city and a 58% reimbursement rate from SANDAG. To date, the city has received
approximately $334,000 of the grant.
On Sept. 24, 2024, city staff met with SANDAG representatives to discuss three options for the
grant:
1. No schedule extension, which would result in not using approximately $476,000 in grant
funding previously earmarked for the construction phase.
2.Change the scope and request a three-year time extension of the grant agreement to
allow grant funds to be spent on additional project design and environmental studies,
but not on construction.
3.Request an even longer time extension that would use the remaining funds following
the completion and performance reporting of the Carlsbad Boulevard and Cannon Road
roundabout, which is currently targeted to start being constructed in 2027.
Because this is the only grant remaining in the SANDAG’s grant program, SANDAG staff
expressed a desire to close it out as soon as possible instead of approving additional extensions.
Nov. 12, 2024 Item #3 Page 2 of 58
That’s why the requested time extension is for two years instead of the three-year time
extension staff previously discussed with SANDAG in the second option.
If the scope were changed to allow funding to be used for design and environmental studies,
the additional work is estimated to use up to $244,000 of the remaining grant. The needed
additional work includes addressing utilities, bridge railings and other issues.
For the city to use the entire grant, the extension would need to cover the construction phase
of the project, and the requested extension would be a minimum of five years. SANDAG staff do
not support a five-year time extension.
Considering SANDAG’s goal to close out the grant as soon as possible, staff are recommending a
change in scope to remove the construction phase from the grant funding and to give the grant
a final two-year time extension, extending the timeline until May 2027.
Fiscal Analysis
Amending the scope of the grant would allow the city to maximize the use of the grant funding.
However, SANDAG ultimately decides whether to approve the change.
If SANDAG does not approve the changes, staff would request additional funding when
returning to the City Council to report on the performance results of the Carlsbad Boulevard
and Cannon Road roundabout and request a budget appropriation for completion of the bid
documents and the project’s construction.
Next Steps
Upon the City Council’s approval, staff will submit the amendment request to SANDAG.
Environmental Evaluation
This action to approve submitting an amendment request for a grant does not constitute a
project within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment and therefore does not require environmental review.
Exhibits
1. City Council resolution
2. City Council Resolution No. 2015-056
3. Original grant – Signed on May 9, 2016
4. Grant amendment 1 – Signed on April 17, 2019, for an extension to May 9, 2022
5. Grant Amendment 2 – Signed on May 3, 2022, for an extension to May 8, 2025
6. City Council July 18, 2023, meeting minutes
Nov. 12, 2024 Item #3 Page 3 of 58
Exhibit 1
Nov. 12, 2024 Item #3 Page 4 of 58
RESOLUTION NO. 2024-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING THE SUBMITTAL OF A REQUEST TO AMEND THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS ACTIVE TRANSPORTATION
GRANT FOR THE CARLSBAD BOULEVARD AND TAMARACK AVENUE
INTERSECTION IMPROVEMENTS PROJECT TO CHANGE ITS SCOPE AND
EXTEND IT FOR TWO YEARS
WHEREAS, the City Council of the City of ·Carlsbad has determined that the multimodal
transportation improvements as a part of the Carlsbad Boulevard and Tamarack Avenue Intersection
Improvements Project, Capital Improvement Program Project No. 6058 are in the best interest of the
city; and
WHEREAS, the project includes multimodal transportation improvements such as a roundabout
option at the intersection of Carlsbad Boulevard and Tamarack Avenue, improved bicycle lanes, wider
sidewalks and Americans with Disabilities Act improvements; and
WHEREAS, the city has successfully obtained Active Transportation Grant Program funding from
the San Diego Association of Governments, or SAN DAG, for this Project on May 9, 2016; and
WHEREAS, the city obtained a timeline extension to the grant program on April 17, 2019,
extending the grant to May 9, 2022; and
WHEREAS, the city obtained a second timeline extension to the grant program on May 3, 2022,
extending the grant deadline to May 8, 2025; and
WHEREAS, city staff seek authorization from the City Council to submit an amendment request
to the project grant program for both a scope change to remove the construction phase from the grant
scope and a two-year time extension to be presented to the SAN DAG for its approval.
NOW, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager or designee is authorized to submit an amendment request for a
scope change to remove the construction phase from the grant scope including a two-
year time extension for the Carlsbad Boulevard and Tamarack Avenue Intersection
Improvements Project to SAN DAG for the Active Transportation Grant Program.
3. That the City Manager or designee is authorized to sign all future grant amendments
and related documents for this program to change the project scope and to extend the
Exhibit 2
Nov. 12, 2024 Item #3 Page 6 of 58
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2015-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR
ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
TAMARACK AVE AND CARLSBAD BLVD PEDESTRIAN
IMPROVEMENTS, ACCEPTING THE TERMS OF THE GRANT
AGREEMENT AND IF AWARDED, APPROPRIATING GRANT FUNDS
UP TO THE AMOUNT OF $270,000
WHEREAS, $3 million of TransNet funding for capital and non-capital Active
Transportation Grant Program projects is available to local jurisdictions and the County of San
Diego from Fiscal Years 2014-2016; and
WHEREAS, City of Carlsbad wishes to receive $270,000 in Active Transportation Grant
Program funds for the Tamarack Ave and Carlsbad Blvd Pedestrian Improvements (Project); and
WHEREAS, City of Carlsbad understands that the Active Transportation Grant Program
funding is fixed at the programmed amount, and therefore Project cost increases that exceed
the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, City of Carlsbad agrees to complete the proposed Project within a timely
matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That City of Carlsbad Public Works Director is authorized to submit an
application to SANDAG for the TransNet Active Transportation Grant Program funding in the
amount of $270,000 for Tamarack Ave and Carlsbad Blvd Pedestrian Improvements.
Nov. 12, 2024 Item #3 Page 7 of 58
1
2
3
4
5
6
7
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. That if a grant award is made by SANDAG to fund Tamarack Ave and Carlsbad
Blvd Pedestrian Improvements, the City of Carlsbad commits to providing $730,000 in matching
funds and authorizes City of Carlsbad staff to accept the grant funds, execute the grant
agreement with no exceptions in substantially the same form as drafted by SANDAG, and
complete the Project.
4. That the City of Carlsbad agrees to indemnify, hold harmless, and defend
SANDAG, the San Diego County Regional Transportation Commission, and all officers and
employees thereof against all causes of action or claims related to City of Carlsbad's TransNet
funded projects.
5. The Administrative Services Director is authorized to appropriate a grant award
up to $270,000 to the Transnet Fund if awarded by SANDAG for the Tamarack Ave and Carlsbad
Blvd Pedestrian Improvement Project.
II
II
II
II
II
II
II
II
II
I I
I/
5
Exhibit 3
Nov. 12, 2024 Item #3 Page 9 of 58
TransNet ACTIVE TRANSPORTATION GRANT PROGRAM
GRANT AGREEMENT 5004838 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
CITY OF CARLSBAD
REGARDING CARLSBAD BOULEVARD AND TAMARACK AVENUE PEDESTRIAN
IMPROVEMENT PROJECT
TH IS GRANT AGREEMENT 5004838 (Agreement) is made this ~ day of
fl1 tJiJ . 2016, by and between the San Diego Association of Governments.
401 B Street, Suite 800, San Diego, California. hereinafter referred to as SANDAG, and the
1635 Faraday Avenue, Carlsbad, CA 92008. hereinafter referred to as Grantee. This agreement
expires on fV10tY "I , l.O/t'f I
The following recitals are a substantive part of this Agreement:
A. On September 26, 2013, the Governor signed legislation creating the Active Transportation
Program (ATP) (Senate Bill 99 and Assembly Bill 202) to encourage increased use of active
modes of transportation such as bicycling and walking.
B. ATP funding is awarded through a competitive process that consists of two stages: a
statewide competition facilitated by the California Transportation Commission (CTC),
followed by a regional competition facilitated by SANDAG.
C. The regional competition for Cycle 2 ATP funds was conducted in 2015 and resulted in a list of
five projects to be funded through the ATP in the amount of $13.4 million. Four of the
projects were from local jurisdictions with a cumulative award amount of $7.62 million, while
the fifth remaining project was a SAN DAG project.
D. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to
support local bicycle and pedestrian transportation projects in the San Diego region through
a competitive process.
E. The TransNet Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and
Neighborhood Safety Program (BPNSP), which encompasses bicycle and pedestrian travel
projects. The TransNet BPNSP is commonly referred to as the SAN DAG Active Transportation
Grant Program (ATGP).
F. Section 7 of the TransNet Extension Ordinance allows for the exchange of federal, state. or
other local funds for TransNet funds to maximize effectiveness in the use of revenues.
G. On October 23. 2015. the SANDAG Board of Directors approved the exchange of ATP funding
for TransNet ATGP funding for two of the local jurisdiction projects selected in the regional
ATP competition by Resolution No. RTC-2016-02.
H. Grantee successfully applied for ATP Funding for its Carlsbad Boulevard and
Tamarack Avenue Pedestrian Improvement Project {Project). as described in Grantee's grant
application. These funds were exchanged for TransNet ATGP funds as noted in Recital G. The
Scope of Work, Project Schedule. and Approved Project Budget are included as Attachment A.
Nov. 12, 2024 Item #3 Page 10 of 58
I. Grantee's Project is funded with $1,054,000 in TransNet ATGP funds. The TransNet MPO ID for
the Project is CB45.
J. In addition to the $1,054,000 in TransNet ATGP funds, a Cycle 3 ATGP grant of $192,100
(TDA funds) is contributing to the Carlsbad Boulevard and Tamarack Avenue Pedestrian
Improvement Project (Contract No. 5004712). With the addition of $750,000 in funds provided
as match under the ATP application, and $803,900 in funds provided as match for the Cycle 3
ATGP TDA funds, the total cost of the project is $2,800,000.
K. The purpose of this Agreement is to establish the terms and conditions for SAN DAG to
provide Grantee with funding to implement the ATP exchange portion of the Project.
L. Although SAN DAG will be providing financial assistance to Grantee to support the Project,
SAN DAG will not take an active role or retain substantial control of the Project. Therefore,
this Agreement is characterized as a funding agreement rather than a cooperative
agreement.
M. Grantee understands that TransNet funds derive from retail transactions and use tax revenues
which fluctuate. SANDAG's funding commitment to ATGP Projects, including this Project, is
subject to these fluctuations, which may impact funding availability for this Project.
N. Grantee further understands that this Grant Award, Agreement and the Grantee's
performance thereunder are subject to Board Policy No. 35, which includes multiple "use it or
lose it" provisions.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or on
behalf of the Grantee and accepted or approved by SAN DAG. All of Grantee's application
materials, not in conflict with this Agreement, are hereby incorporated into this Agreement
as though fully set forth herein.
B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
typewritten hard copy or electronically) of a SANDAG official authorized to permit the
Grantee to take or omit an action required by this Agreement, which action may not be taken
or omitted without such written permission. Except to the extent that SANDAG determines
otherwise in writing, such approval, authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SAN DAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is included in
Attachment A.
D. ATGP Funds and Funding. Funding from the TransNet BPNSP.
E. Grantee. The local jurisdiction that is the recipient of ATGP funding under this Agreement.
2
Nov. 12, 2024 Item #3 Page 11 of 58
F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the Scope of Work.
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to SANDAG's issuance of a Notice to Proceed. • J
G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the
Scope of Work included as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. The Grantee agrees
to undertake Project work promptly after receiving a Notice to Proceed from SAN DAG.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project; and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including but not limited to the TransNet Extension Ordinance and Board Policy
No. 035.
4. Project Schedule. The Grantee agrees to complete the Project according to the
Project Schedule included in Attachment A and in compliance with Board Policy
No. 035, as amended, and included as Attachment B.
5. Project Implementation and Oversight. Grantee agrees to comply with the
Project Implementation and Oversight Requirements, included as Attachment C, and
Board Policy No. 035, as amended.
6. Changes to Project•s·scope of Work. This Agreement was awarded to Grantee
based on the application submitted by Grantee, which contained representations by
Grantee regarding project parameters, project proximity to transit, and other criteria
relevant to evaluating and ranking the Project based on the Regional ATP scoring
criteria. Any substantive deviation from Grantee's representations in the Application
during project implementation may require reevaluation or result in loss of funding. If
Grantee knows or should have known that substantive .changes to the Project will occur
or have occurred, Grantee will immediately notify SAN DAG in writing. SAN DAG will
then determine whether the Project is still consistent with the overall objectives of the
ATGP and whether the changes would have negatively affected the Project ranking
during the competitive grant evaluation process. SANDAG reserves the right to have
ATGP Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's
failure to satisfactorily complete the Project or due to substantive changes to the
Project.
3
Nov. 12, 2024 Item #3 Page 12 of 58
7. Media and Community Outreach Coordination. The Grantee agrees notify
SAN DAG of any media and community outreach efforts, including presentations to
community groups, other agencies, and elected officials. The Grantee agrees to assist
SANDAG with media or community events related to the Project, such as ground
breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before
they are distributed. SAN DAG logo(s) should be included in press materials and other
project collateral, but may never be included in such documents without advance
approval from SANDAG.
As part of the quarterly reports submitted to SAN DAG, the Grantee agrees to provide
project milestone information to support media and communications efforts. SANDAG
reserves the right to use the information provided by the Grantee for any combination
of the following, including but not limited to: social media posts, on line photo albums,
videos, press releases, PowerPoint presentations, web updates, newsletters, and
testimonials. In submitting photos to SANDAG, the Grantee agrees to release the rights
of the photos to SANDAG for its use.
8. Project Signage and Designation of TransNet Funded Facilities. Each capital
project in excess of $250,000 funded in whole or in part by revenues from the TransNet
Extension Ordinance shall be clearly designated during its construction or
implem~ntation as being provided by revenues from the TransNet Extension Ordinance.
Grantee agrees to follow the Project Sign age Specifications. SAN DAG will provide sign
specifications. Grantee agrees to follow sign specifications and submit proof files to
SANDAG for approval before printing.
9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with
SANDAG staff on the development of a baseline data collection plan in accordance
with the Project Implementation and Oversight Requirements.
B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the
TransNet Extension Ordinance, the Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SAN DAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or affected portions thereof
expeditiously.
C. Noti~e Regarding Prevailing Wages. SANDAG's ATGP Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Although SAN DAG Ordinance 04-01 does not
require payment of prevailing wages, California law may require that Grantee's public works
projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly
encouraged Grantee to seek legal counsel regarding whether the Project will be subject to
prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement
requires Grantee's compliance with all federal, state, and local laws and ordinances as
applicable.
4
Nov. 12, 2024 Item #3 Page 13 of 58
D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for compliance with all applicable laws,
regulations, and this Agreement.
E. Third Party Contracting. Grantee shall not award contracts over three thousand dollars
{$3,000) on the basis of a noncompetitive procurement for work to be performed under this
Agreement without the prior written approval of SAN DAG. Contracts awarded by Grantee, if
intended as local match credit, must meet the requirements set forth in this Agreement
regarding local match funds.
1. If Grantee hires a consultant to carry out professional services funded under this
Agreement, Grantee shall: prepare an Independent Cost Estimate {ICE) prior to.
soliciting proposals; publicly advertise for competing proposals for the work; use
cost as an evaluation factor in selecting the consultant; document a Record of
Negotiation (RON) establishing that the amount paid by Grantee for the consultant
services is fair and reasonable; and pass through the relevant obligations in this
Agreement to the consultant.
2. If Grantee hires a contractor to carry out construction services funded under this
Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to
soliciting bids; publicly advertise for competing bids for the work; award the work to
the lowest responsive and responsible bidder; document a RON establishing that the
amount paid by Grantee for the construction services is fair and reasonable; and
pass through the relevant obligations in this Agreement to the contractor.
F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure
that all Project participants comply with all applicable federal laws, regulations, and
policies affecting Project implementation. In addition, if an entity other than the
Grantee is expected to fulfill any responsibilities typically performed by the Grantee,
the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as
set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Flowdown. The Grantee agrees to include in each document (subagreement, lease,
third-party contract, or other) any necessary provisions requiring the Project participant
(third-party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements ahd directives on its subgrantees, lessees, third-party contractors, and
other Project participants at the lowest tier necessary.
5
Nov. 12, 2024 Item #3 Page 14 of 58
G. No SANDAG Obligations to Third-Parties. In connection with the Project, the Grantee
agrees that SAN DAG shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third-party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SAN DAG may have concurred in or approved any
solicitation, subagreement, lease, or third-party contract at any tier, SAN DAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third-party contractor at any tier.
H. Changes in Project Performance. The Grantee agrees to notify SAN DAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of the Agreement and as required by Board Policy
No. 035. The Grantee also agrees to notify SAN DAG immediately, in writing, of any current or
prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's
interests in the Project; and agrees to inform SAN DAG, also in writing, before naming
SAN DAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee
agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of
General Counsel.
I. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, its Executive Director, or other representative of SANDAG is
indicated in the Scope of Work, it is understood to be conceptual approval only and does not
relieve the Grantee of responsibility for complying with all laws, codes, industry standards,
and liability for damages caused by. negligent acts, errors, omissions, noncompliance with
industry standards, or the willful misconduct of the Grantee or its subgrantees.
Ill. ETHICS
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third-party contracts supported with ATGP Funding. The Grantee
agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, council or board members, or agents may neither solicit nor accept gratuities,
favors, or anything of monetary value from any present or potential subgrantee, lessee, or
third-party contractor at any tier or agent thereof. The Grantee may set de minimis rules
where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also
prohibit its officers, employees, board members, or agents from using their respective
positions in a manner that presents a real or. apparent personal or organizational conflict of
interest or personal gain. As permitted by state or local law or regulations, the Grantee
agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or
other disciplinary actions for violations by its officers, employees, council or board members,
or their agents, or its third-party contractors or subgrantees or their agents.
6
Nov. 12, 2024 Item #3 Page 15 of 58
1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or board
members, or agents from participating in the selection, award, or administration of any
third-party contract or subagreement supported by ATGP Funding if a real or apparent
conflict of interest would be involved. Such a conflict would arise when an employee,
officer, board member, or agent, including any member of his or her immediate family,
partner, or organization that employs, or intends to employ, any of the parties listed
herein has a financial interest in a firm competing for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third-party
contract or subagreement may, without some restrictions on future activities, result in
an unfair competitive advantage to the third-party contractor or subgrantee or impair
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For all awards by SAN DAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff members are specifically
prohibited from participating in the selection process when those staff have a close personal
relationship, family relationship, or past (within the last 12 months), present, or potential
business or employment relationship with a person or business entity seeking a contract with
SANDAG. It is unlawful for any contract to be made by SANDAG if any individual
Board member or staff has a prohibited financial interest in the contract. Staff are also
prohibited from soliciting or accepting gratuities from any organization seeking funding from
SANDAG. SANDAG's officers, employees, agents, and Board members shall not solicit or
accept gifts, gratuities, favors, or anything of monetary value from consultants, potential
consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it
has no knowledge of an ethical violation by SAN DAG staff or Grantee. If Grantee has any
reason to believe a conflict of interest exists with regard to the Agreement or the Project, it
should notify the SAN DAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its ATGP Funding application for the Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, the Grantee's grant application, progress reports and
invoices.
IV. AMOUNT OF FUNDING ASSISTANCE
The Grantee agrees that SANDAG will provide ATGP Funding for the Project equal to the smaller of
the following amounts: (a) the Maximum SANDAG Amount Approved of $1,054,000, or (b) the
amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which
is 58.43 percent (58.43%). SANDAG's responsibility to make payments under this Agreement is
limited to the amounts listed in the Approved Project Budget for the Proje.ct. Grantee's estimate in
7
Nov. 12, 2024 Item #3 Page 16 of 58
its application for funding from SAN DAG for the Project is the amount that forms the basis upon
w~ich SAN DAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANDAG Participation.
V. MATCHING FUNDS
Grantee has proposed to provide $750,000 which is 41.57 percent (41.57%) in matching funds for
the Project from sources other than the TransNet ATGP and therefore agrees as follows:
A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in-kind resources, together with the ATGP Funding awarded, that will assure
payment of the actual cost of each Project activity covered by this Agreement. The amount of
matching funds and percentage(s) of matching funds Grantee shall provide are set forth in
the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to
provide its share of the Project costs at or before the time the matching funds are needed for
Project costs.
B. Prompt Payment of Matching Funds. The Grantee agrees to provide the proportionate
amount of the matching funds promptly as it incurs Project costs or Project costs become due.
Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in
the Approved Project Budget, along with supporting, descriptive and/or explanatory
documentation for the matching funds provided.
C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the
amount of matching funds may be made unless, at the same time, a reduction of the
proportional amount of the ATGP Funding provided is made to SANDAG in order to maintain
the Maximum Percentage(s) of SANDAG Participation.
VI. APPROVED PROJECT BUDGET
Except to the extent that SAN DAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SAN DAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, unless the re-allocation of funds
among budget items or fiscal years that not increase the total amount of the ATGP Funding
awarded for the Project, does not negatively impact the benefits obtained from the Project, and is
consistent with applicable laws, regulations, and policies. Prior written SAN DAG Project Manager
approval is required for transfers of funds between Approved Project Budget line items.
VII. PAYMENTS
A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will
demonstrate or certify that it will provide adequate matching funds such that, when
combined with payments from SANDAG, will cover all costs to be incurred for the Project.
Except to the extent that SAN DAG determines, in writing, that the Grantee may defer its
provision of matching funds for the Project, a Grantee is required under the terms of this
Agreement to provide matching funds for the Project and agrees that it will not:
1. Request or obtain matching funds exceeding the amount justified by the matching
share previously provided, or
8
Nov. 12, 2024 Item #3 Page 17 of 58
2. Take any action that would cause the proportion of ATGP Funding made available to
the Project at any time to exceed the percentage authorized by the Agreement for the
Project.
B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment for eligible amounts to Grantee within thirty (30)
days-if Grantee has complied with the requirements of the Agreement, including submission
of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the ATGP
Funding requested is needed for Project purposes in that requisition period, and is making
adequate progress toward Project completion consistent with Board Policy No. 035. After the
Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG
may reimburse the Grantee's apparent allowable costs incurred consistent with the Approved
Project Budget. SANDAG shall retain ten percent (10%) from the amounts invoiced until
satisfactory completion of work. SAN DAG shall promptly release retention amounts to
Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final
invoice and all required documentation.
C. Eligible Costs. The Grantee agrees that Project costs eligible for ATGP Funding must comply
with the following requirements, unless SANDAG determines otherwise in writing. To be
eligible for reimbursement, Project costs must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased.
4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement basis, after both the
Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed
from SANDAG.
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third-party contractors and subgrantees,
(see Section 6 Accounting Records).
8. Eligible for TransNet Funding as part of the ATGP.
9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the
following documentation as part of the grant application materials: (1) an indirect cost
allocation audit approved by a qualified independent auditor or (2) the applicant's
proposed method for allocating indirect costs in accordance with 2 CFR 200 guidelines.
Indirect cost allocation plans must be reviewed and renewed annually.
9
Nov. 12, 2024 Item #3 Page 18 of 58
10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the
end of the Agreement period.
D. Excluded Costs
1. In determining the amount of ATGP Funding SANDAG will provide for the Project,
SANDAG will exclude:
a. Any Project cost incurred by the Grantee qefore either the date SAN DAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a
subagreement, lease, third-party contract, or other arrangement that is required
to be, but has not been, concurred in or approved in writing by SANDAG; and
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. Certain costs at times associated with bicycle and pedestrian projects are not eligible
when the benefit provided is not the exclusive use of bicyclists or pedestrians. These
instances are listed below.
a. Curb and gutter are part of the roadway drainage system. As such, newly
installed curb and gutter cannot be considered an improvement exclusively for
the benefit of the sidewalk or bike lane and are not an eligible expense.
b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians,
and in fact, degrade the pedestrian environment. Claimants may not include the
cost of driveway ramps in applications for sidewalk projects. However, the
distance across the driveway may be included when computing the per-square-
foot cost of the sidewalk.
c. Where roadway design standards require a roadway shoulder width at least as
wide as would be required for a standard bike lane, the cost of the shoulder
construction will not be eligible. Appropriate bikeway signage is eligible.
d. Under some circumstances, it may be necessary to remove and replace curb and
gutter, driveway ramps, drainage facilities and other existing improvements in
order to construct a bikeway or sidewalk. In such cases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
E. The Grantee understands and agrees that payment to the Grantee for any Project cost does
not constitute SANDAG's final decision about whether that cost is allowable and eligible for
payment under the Project and does not constitute a waiver of any violation by the Grantee
of the terms of the Agreement for the Project or Board Policy No. 035. The Grantee
acknowledges that SAN DAG will not make a final determination about the allowability and
eligibility of any cost until the final payment has been made on the Project or the results of
10
Nov. 12, 2024 Item #3 Page 19 of 58
an audit of the Project requested by SAN DAG or its Independent Taxpayers' Oversight
Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that
the Grantee is not entitled to receive any portion of the ATGP Funding requested or paid,
SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that
Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG
as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor
will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the
Project on the basis of a later audit or other review. Upon notification to the Grantee that
specific amounts are owed to SAN DAG, whether for excess payments of ATGP Funding,
disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to
promptly remit to SANDAG the amounts owed, including applicable interest, penalties and
administrative charges.
VIII. ACCOUNTING RECORDS
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents related in whole or in part to the Project so that they may be clearly
identified, readily accessible, and available to SANDAG upon request and, to the extent
feasible, kept separate from documents not related to the Project.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to
the Project, including any approved services or property contributed by the Grantee or others,
with properly executed payrolls, time records, invoices, contracts, or vouchers describing in
detail the nature and propriety of the charges, including adequate records to support the
costs the Grantee has incurred underlying any payment in which SANDAG has agreed to
participate in based upon a payable milestone.
IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SAN DAG must be prepared and submitted in electronic and/or typewritten hard
copy formats, as SAN DAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain, intact
and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project, as SANDAG may require.
11
Nov. 12, 2024 Item #3 Page 20 of 58
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SAN DAG or its authorized representatives, upon request, to
inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the
progress of its work, expenditures incurred, and information regarding whether the Project is
projected to be completed within the limits of the Approved Project Budget,
Project Schedule, and consistent with Board Policy No. 035 and any policy amendments
thereto. Grantee shall document the progress and results of work performed under this
Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans,
specifications, estimates, and other evidence of attainment of the Agreement objectives,
which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of
SANDAG staff and committees, including but not limited to ITOC, the Regional Planning
Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on
its progress and respond to questions.
G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Project's benefits and burdens were equitably distributed among
socio and economic populations in the area affected by the Project, and associated smart
growth data.
X. Project Completion. Audit, Settlement. and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SAN DAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to the Grantee shall be subject to review
for compliance by SAN DAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
B. Project Audit.
The Grantee agrees to have financial and compliance audits performed as SANDAG may
require consistent with the TransNet Extension Ordinance. The Grantee agrees that Project
closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project
costs.
C. Performance Audit. The Grantee agrees to cooperate with SANDAG or ITOC with regard to
any performance audit that is performed on the Project pursuant to the TransNet Ordinance.
D. Project Closeout. Project closeout occurs when SAN DAG notifies the Grantee that SANDAG
has closed the Project, and, if applicable, either forwards the final ATGP Funding payment
and or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees
that Project closeout by SANDAG does not invalidate any continuing requirements imposed
by the Agreement or any unmet requirements set forth in a written notification from
SANDAG.
12
Nov. 12, 2024 Item #3 Page 21 of 58
E. Project Use. Grantee was awarded this Agreement based on representations in its grant
application regarding the Project's intended use. If the Project is a capital project, Grantee
hereby commits to continued use of the Project for the purposes stated in its application for a
period of at least five years after completion of construction. SAN DAG may require Grantee
to refund ATGP funding provided for the Project in the event Grantee fails to utilize the
Project for its intended purposes as stated in the grant application or for any disallowed costs.
XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the
timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any
policy amendments thereto. If timely progress is not achieved, SAN DAG may, in its sole
discretion, review the status of the Project to determine if the remaining funding should be
reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and
agrees that any failure to make reasonable progress on the Project or violation of this
Agreement and/or Board Policy No. 035, that endangers substantial performance of the
Project shall provide sufficient grounds for SAN DAG, in its sole discretion, to terminate this
Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, and shall provide pertinent details, including the
reason(s) for the delay in performance and the date by which Grantee expects to complete
performance or delivery. This notification shall be informational in .character only and receipt
of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or
any rights or remedies provided by this Agreement, including Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the ATGP Funding to be provided for the Project if the Grantee has violated the terms
of the Agreement, or Board Policy No. 035, or if SAN DAG determines that the purpose of the
laws or policies authorizing the Project would not be adequately served by the continuation
of ATGP Funding for the Project.
D. In general, termination of ATGP Funding for the Project will not invalidate obligations
properly incurred by the Grantee before the termination date to the extent those obligations
cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused
ATGP Funding by failing to make adequate progress, or failing to comply with the terms of
the Agreement, SAN DAG reserves the right to require the Grantee to refund to SAN DAG the
entire amount of ATGP Funding provided for the Project or any lesser amount as SANDAG
may determine.
E. Expiration of any Project time period established in the Project Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project,
however, Grantee must request and SANDAG may agree to amend the Agreement in writing
if the Project Schedule will not be met. An amendment to the Project Schedule may be made
at SANDAG's discretion if Grantee's request is consistent with the provisions of Board Policy
No. 035.
13
Nov. 12, 2024 Item #3 Page 22 of 58
XII. CIVIL RIGHTS
The Grantee agrees to comply with all applicable civi.I rights laws, regulations and policies and shall
include the provisions of this Section 12 in each subagreement, lease, third party contract or other
legally binding document to perform work funded by this Agreement. Applicable civil rights laws,
regulations and policies include, but are not limited to, the following:
A. Nondiscrimination. SAN DAG implements its programs without regard to income level,
disability, race, color, and national origin in compliance with the Americans with Disabilities
Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the public of their rights under these laws, and utilize a process for addressing
complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a
complaint available to members of the public and will keep a log of all such complaints.
Grantee must notify SAN DAG immediately if a complaint is lodged that relates to the Project
or program funded by this grant.
B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and
all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment,
against any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, denial of family and medical care leave,
denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its
subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(California Government Code Section 12900, et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into this Agreement by this reference
and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole or in part for SANDAG's benefit pursuant to
the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all
original drawings, reports, photos, and other documents, including detailed calculations and other
work product developed for the Project or services performed on the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State. of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
14
Nov. 12, 2024 Item #3 Page 23 of 58
1. Grantee shall submit a statement of the grounds for the dispute, including all
pertinent dates, names of persons involved, and supporting documentation, to
SANDAG's Project Manager. The Project Manager and other appropriate SAN DAG staff
will review the documentation in a timely manner and reply to Grantee within twenty
(20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may
submit a request for reconsideration to SANDAG's Executive Director. The request for
reconsideration must be received within ten (10) calendar days from the postmark date
of SANDAG's reply. The Executive Director will respond to the request for
reconsideration within ten (10) working days. The decision of the Executive Director
will be in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SAN DAG for appeal to
the SANDAG Transportation Committee. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the
Transportation Committee shall be final.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the
action shall be brought in a state or federal court situated in the County of San Diego,
State of California. In the event of any such litigation between the parties, the prevailing
party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's
fees, litigation and collection expenses, witness fees, and court costs as determined by the
court.
XV. ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or
any rights under or interest in this Agreement.
XVI. INSURANCE
Grantee shall procure and maintain during the period of performance of this Agreement, and for
twelve (12) months following completion, policies of insurance from insurance companies
authorized to do business in the State of California or the equivalent types and amounts of self-
insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000
general aggregate for personal and bodily injury, including death, and broad form property
damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery'"'
Against Others Endorsement." The policy must name SANDAG as an additional insured in the
endorsement. A deductible or retention may be utilized, subject to approval by SAN DAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage
in an amount not less than $1,000,000.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of
the State of California. The policy must include an acceptable "Waiver of Right to Recover
From Others Endorsement" naming SANDAG as an additional insured.
15
Nov. 12, 2024 Item #3 Page 24 of 58
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current
A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to
$24 miliion (Class V) or better," or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. Certificates of insurance shall be filed with SAN DAG. These policies shall be primary insurance
as to SAN DAG so that any other coverage held by SANDAG shall not contribute to any loss
under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty
(30) days advance written notice to SAN DAG. For purposes of this notice requirement, any
material change in the policy prior to its expiration shall be considered a cancellation.
XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend, indemnify, protect, and hold SAN DAG and its agents, officers,
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wage claims against the Project, asserted or established liability for
damages or injuries to any person or property, including injury to the Grantee's or its
subgrantees' employees, agents, or officers, which arise from or are connected with or are
caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the
Grantee and its subgrantees and their agents, officers, or employees, in performing the work
or services herein, and all expenses of investigating and defending against same, including
attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence
or willful misconduct of SAN DAG, its Board of Directors, agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save,
and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting
within the scope of their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Grantee of proprietary rights,
copyrights, or right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be
required to indemnify SAN DAG for any such liability caused solely by the wrongful acts of
SANDAG employees or agents.
16
Nov. 12, 2024 Item #3 Page 25 of 58
XVIII. INDEPENDENT CONTRACTOR
A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as
an independent contractor, and not as an employee of SAN DAG. Grantee shall be under the
control of SAN DAG as to the result to be accomplished and not the means, and shall consult
with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant
to this Agreement shall be the full and complete compensation to which Grantee is entitled.
SAN DAG shall not make any federal or state tax withholdings on behalf of Grantee. SAN DAG
shall not be required to pay any workers' compensation insurance on behalf of Grantee.
Grantee agrees to indemnify SAN DAG for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which SAN DAG may be required to
make on behalf of Grantee or any employee of Grantee for work done under-this Agreement.
B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall
have no authority, express or implied, to act on behalf of SANDAG in any capacity
whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to
bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless
expressly provided for in this Agreement.
XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
XX. PROJECT MANAGER
The Grantee has assigned Doug Bilse as the Project Manager for the Project. Project Manager
continuity and experience is deemed essential in Grantee's ability to carry out the Project in
accordance with the terms of this Agreement. Grantee shall not change the Project Manager
without first providing written notice to SANDAG.
XXI. NOTICE
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin/Tracy Ferchaw
Grantee:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Doug Bilse
Notice shall be effective upon receipt thereof.
17
Nov. 12, 2024 Item #3 Page 26 of 58
XX:11. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS
GARV L. GALLEGOS
Executive Director or Designee
APPROVED AS TO FORM:
18
CITY OF CARLSBAD
PATRICK THOMAS ~
Public Works Director
APPROVED AS TO FORM:
HEATHER STROUD
Deputy City Attorney
Nov. 12, 2024 Item #3 Page 27 of 58
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
CAPITAL PROJECTS: SCOPE OF WORK, SCHEDULE, AND BUDGET
PROGRAM:
ACTIVE ~5fORTATIDN GRANT P~OGRJ\M $1.054 MUnon
1PARU, PROJECT OV£RVl§;W
,PROjECTTJTI..E:
Curbbad Dlvtl andiilm.orn-ek Ave Pedestrian lmpro\'t!.UIC!lll fto)ed.
, PROJECTLIMITS!
339 feot ntlf'th of Tamarack Avenue Intersection on Carlsbad Boulevard and south 1,404feet across the Agua Hedlonda Lagoon bridge along Carlsbad Blvd to connect to the section oft
~PROJECT SUMMARY:
P,Qvlda en~illmied facllltles for peds, transit users and blcycllsts. This project will prcMde--addiL1orual enhancements to the project as described in contract #5004712 as follows. Based on
t.hr: results of publtc outreach the project will include a roundabout or a signalized Intersection wlth aped scramble and demand actuated NTOR blank out signs on the NB/SB
ilppfo;rd,es as described In contract #5004712. The SB bus stop wlll be relocated and re-built on the south side of the lnter5ectlon within a new pocket parlc, One controlled pedestrian
m:t~sin& with an Improved path/stairs to Carlsbad State Beach and the bathrooms also will be provided. Improvements along Carlsbad Blvd Include a repurpose of existing ROW, multi-
use trall, mid block crossing with enhanced pedestrian safety features, curb extensions, high vislblllty crosswalks, and a pocket park adjacent to the relocated bus stop which will be
connected to coam I w;alldng trails.
PART II: SCOPE OF WORK SCHEDULE, ANO BUDGET
Propose tasks, dellverables, a tlmeframe, and a budgl!!t for lmplementlngthe project, The project schedule must be based on 111Months from Notke to Proceed 111
Capita! projects are also required to Include $5,000 for base fine bicycle and pedestrian data collection.
Alsoklentff a hHOn11lcor1nr.1lntitht:11tna ors cifictttsb tobe no becom lttt.edb .1, ciflcdal!!.
OT AL PROJtCT COS TS
APPLICATION SUBMITTAL:
Collect Baseline Data (REQUIRE OJ
2 Mobillzatlon
Prelrmlm1 • lnetirlng and Plamd.ne
4 Com ete Technical Studies
5 Complete Engineering and Final Design
Basellne Data CoDectlon Plan; Notice to Procaad
Raw Bike/Ped Data (NTP)
Constraint Jdentificatlon, publlc
outreach, approved project by
City Council
Design Concepts; 30% Plans
Various Technlcal Studies
Status Reports; Engineering
Contract; 60", 90", and 100% 2,3
1ans
Bid Documents: Contract 1'l
Notice of Completion 20
•sun11111d Camplallon d11tO"S shall bo l~ed using "Months from Notice to Proceed (NTP)"
SEASONAL CONSTRAINTS, IF ANY:
13
19
20
36
5,000.00
l $ 150,000.00
s-73,600.00 s .100,000.00
225,000.00
$
16 $ 800 5.00
$ 869.00
s-210.eoo.oo
TOT/IL 3S $ l.8011,000.DO
Connructlohtlmellne Includes a window of time during the summer months (June-Mid August) when no major construction
wlll be occurring.
PART Hli FUNDING SOURCES
TOTAL PROJECT COST:
TOTAL GRANT AMOUNT REQUESTED FROM SAN DAG:
TOTAL MATCH AMOUNTTHATWILL B£ CONTRIBUTED: ~-----===~
SANDAG" CONTRIBUTION:
MATCH" CONTRIBUTION:
EXAMPLE-CHANGE/REMOVE PRIOR TO
APPLICATION SUBMITTAL.
funded
TOTAL $
TransNet MPO ID NO.CB45
19
Nov. 12, 2024 Item #3 Page 28 of 58
ATTACHMENT B
(SAltlDfG-r
BOARD POLICY NO. 0 3 5
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through SANDAG, whether from TransNet or
another source, including but not limited to the Smart Growth Incentive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit
Administration grant programs, and Active Transportation Grant Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
20
Nov. 12, 2024 Item #3 Page 29 of 58
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. For an extension to be granted
under this Section 2, the following conditions must be met:
2.1.1. For extension requests of up to six months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or qesignee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
21
Nov. 12, 2024 Item #3 Page 30 of 58
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to ,.
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SAN DAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
)
22
Nov. 12, 2024 Item #3 Page 31 of 58
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future call for grant applications.
Adopted: January 2010
Amended: November 2014
23
Nov. 12, 2024 Item #3 Page 32 of 58
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Baseline Data Collection: Prior to the construction of grant-funded improvements, the
Grantee is responsible for developing a baseline data collection plan with SANDAG to gather
information on pedestrian and bicyclist activity. At a minimum, data should be collected for
observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data
collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan
and returning collected data to SANDAG as a deliverable. Standardized forms required for data
collection will be provided by SANDAG.
Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project
methodology and plan for the following:
• Conduct counts prior to project construction, during National Documentation Days in the
second week of September. Supplementary counts and surveys can be conducted during
January, May, and July to provide seasonal data, if desired.
• Conduct counts for two hours, at peak times relative to the facility. For example, facilities
attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday,
from 9 to 11a.m.
In the case that the above timeframes are deemed infeasible due to the project schedule, the
Grantee and SAN DAG will collaborate on an alternative data collection methodology and
procedure.
A subset of Grantees may be selected for in-depth evaluation by SAN DAG, in which case, SAN DAG
will conduct the data collection effort with required participation from Grantee staff. Such in-depth
evaluation conducted by SANDAG will take place solely for the purpose of SAN DAG
Active Transportation data collection and monitoring efforts, and will not impact Grantees'
budgets.
Grantees should plan to budget five thousand dollars ($5,000) for data collection. For questions or
assistance with data collection, contact Christine Eary at Christine.Eary@sandag.org, or
(619) 699-6928.
3. Design Development and Community Meetings: Grantee must provide SANDAG with
advance notice (preferably within two weeks) and agendas of all design development and
community meetings, and a meeting summary following the meeting. SAN DAG staff may attend
any meetings as appropriate.
24
Nov. 12, 2024 Item #3 Page 33 of 58
4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
staff may meet with the Grantee to comment on submitted plans and assure substantial
conformance. SAN DAG may comment on submitted plans regarding:
.• Whether they are consistent with the Project proposed in the original grant application, and
• Consistency wit~ accepted pedestrian/bicycle facility and smart growth design standards.
5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending
issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee
agrees to provide project milestone information (such as presentations to community groups, other
agencies, and elected officials, ground-breakings, and ribbon-cuttings) to support media and
communications efforts.
6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the grantee agrees to provide project milestone information to
support media and communications effort~.
7. Photo Documentation: Grantees are responsible for the following photo documentation:
• Before and after photos, which should be taken from similar angles to showcase how a
particular area has been transformed over time.
• Project milestone photos (such as ground-breakings and rjbbon-c'uttings).
• Photos taken throughout construction phases and throughout the length of the project.
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by
revenues from the TransNet Extension Ordinance shall be clearly designated during its construction
or implementation as being provided by such revenues. SANDAG will provide sign specifications.
Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before
printing.
9. Performance Monitoring: SAN DAG staff may measure performance of the constructed capital
improvements against stated project objectives, and evaluate the overall grant program. Grantee is
expected to meet with SAN DAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the program as appropriate.
25
Nov. 12, 2024 Item #3 Page 34 of 58
Planning and Non-capital Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Request for Proposals and Consultant Selection. Upon request by SAN DAG, Grantee must
submit consultant draft Request for Proposals to SAN DAG staff for review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Attachment A).
3~ Quarterly Reports. Grantee must submit quarterly reports to SAN DAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SAN DAG staff may attend any meetings as appropriate.
5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the Grantee agrees to provide project milestone information to
support media and communications efforts.
6. Photo Documentation. Grantees are responsible for the following photo documentation:
• Existing conditions photos, which should illustrate the current conditions of the project site
and demonstrate the need for improved facilities
• Project milestone photos (such as workshops, presentations to community groups, other
agencies, and elected officials)
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
26
Nov. 12, 2024 Item #3 Page 35 of 58
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet Active Transportation Grant Program
Quarterly Report
Report Submittal Date: [Insert]
Reporting Period: [Insert -Example: FY 2014, Quarter 1]
PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD
1. Work Accomplished This Reporting Period
[INSTRUCTIONS: Replace this text with a detailed description of work completed and
underway during the reporting period. In a bullet format, reference specific tasks.]
Example:
• Task 1 -Award Consultant Contract: Issued RFP and convened a selection panel of 5
members from the City, MTS, NTCD, and SANDAG to shortlist 3 of 9 firms. The panel
interviewed the 3 firms and selected XYZ Group for this project. The City Council
approved the consultant contract with XYZ Group on January 1, 2014. City staff held
a kick-off meeting on January 10, 2014.
• Task 2 -Public Outreach: City staff and XYZ Group began organizing the first
workshop for this project. The anticipated date of the first workshop will be in the
February/March 2014 timeframe.
• Task 3 -Etc.
• Task 4 -Etc.
2. Deliverables Produced This Reporting Period
[INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the
date submitted to SANDAG. Deliverables can be submitted as an attachment to this report.
See Item 5 for more details.]
Example:
• Final RFP-Submitted in December 2014.
• Approved Consultant Contract and Kick-Off Meeting Notes -Submitted with this
report. Please see accompanying list of attachments.
3. Is there an accompanying invoice for this period?
[INSTRUCTIONS: Indicate YES or NO.]
27
Nov. 12, 2024 Item #3 Page 36 of 58
4. Work Anticipated for the Next Reporting Period
[INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next
reporting period. Also note any upcoming meetings or workshops.]
5. List of Attachments
[INSTRUCTIONS: List any deliverab_les or invoice documents attached to this report.
Attachments over 6MB should be sent via WeTransfer.]
WeTransfer Link: https://sandag.wetransfer.com/
Example:
• Attachment 1: Consultant Contract
• Attachment 2: Kick-Off Meeting Notes
• Attachment 3: Invoice Spreadsheet
• Attachment 4: Invoice Documentation
PART 2: SCHEDULE AND TASK STATUS
Task Scheduled Scheduled Status Timing Anticipated Anticipated
Start Date Completion Start Date Completion
Date (If (If
(Per Grant (Per Grant Different Different
Scope of Scope of from Grant from Grant
Work) Work) Scope of Scope of
Work) Work)
NTP Date
Task 1 [mm/dd/yy] [mm/dd/yy] [In Progress/ [On [mm/dd/yy] [mm/dd/yy]
Completed/ Time/
Not Started] Delayed]
Task 2: [mm/dd/yy] [mm/dd/yy] [In Progress/ [On [mm/dd/yy] [mm/dd/yy]
Policy No. Completed/ Time/
035 Not Started] Delayed]
Milestone
Task 3: [mm/dd/yy] [mm/dd/yy] [In Progress/ [On [mm/dd/yy] [mm/dd/yy]
Policy No. Completed/ Time/
035 Not Started] Delayed]
Milestone
28
Nov. 12, 2024 Item #3 Page 37 of 58
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT
REQUESTS
Challenges and Actions Toward Resolution (If applicable)
[INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide
information about the delay and actions taken to resolve issues. If an amendment is needed,
provide justification and check the appropriate box below.]
D No amendment requested at this time
D Amendment requested to*:
D Project Schedule
D Project Budget
D Scope of Work
*Failure to check a box in the above section assumes there is no action requested. Amendment requests are
subject to SANDAG's approval. It is the Grantee's responsibility to ensure compliance with SANDAG Board
Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions.
PART 4: PROJECT STATUS REPORT SIGNATURE
Prepared by Date: _______ _
Project Manager
29
Nov. 12, 2024 Item #3 Page 38 of 58
INVOICE INSTRUCTIONS
Step 1: Complete the Quarterly Progress Report.
Reimbursements cannot be made without a completed Quarterly Progress Report.
Step 2: Gather Documentation for Staff Costs, Consultant/Contractor Costs, and Other Costs.
Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant.
Staff Costs should be supported by certified payroll documentation
Consultant costs should be supported by the consultant im,oice AND a proof of payment. The proof of payment can be either a copy of the check provided to the
consultant or printout from the project's financial accounting system showing that funds were disbursed.
Contractor costs should be supported by the contractor imoice, schedule of values, AND a proof of payment. The proof of payment can be either a copy of the check
provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed.
Other costs should be supported by either an inwice from the .ender or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a
copy of the check provided to the \ender or a printout from the project's financial accounting system showing that funds were disbursed.
Clearly identify (i.e., highlight or circle) all grant-related expenses on documents that include non-related costs.
Step 3: Complete the Expense Summary.
Summarize the total Staff Costs, ConsultanUContractor Costs, and Other Costs incurred during the reporting period.
Confirm that you ha.e the adequate documentation.
Break down each cost by task. This will help with the next step to complete the inwice statement.
Double check and make sure all sub-totals ha.e been calculated correctly.
Step 4: Complete the Invoice Statement
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the ln\Oice Statement. The SANDAG contribution, match contribution, and retention
amounts should automatically calculate.
Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate.
Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at:
sgatgrants@sandag.org
Sign and scan the completed Quarterly Progress Report. Submit it in PDF form.
Sign and scan the in\Oice statement. Submit it in PDF form.
Submit supporting documentation in PDF form.
Submit the completed Excel workbook.
Files in excess of 6MB should be submitted via:
httns://sandaa.wetransfer.com
30
Nov. 12, 2024 Item #3 Page 39 of 58
PART 1: STAFF COSTS
Personnel
Staff Person A
Staff Person B
Staff Person C
[INSERT ADDITONAL LINES AS NEEDED]
PART 2: CONSULTANT/CONTRACTOR COSTS
Consultant/Contractor
Consultant XYZ
Consultant XYZ
Consultant XYZ
Outreach Organization ABC
[INSERT ADDITONAL LINES AS NEEDED]
PART 3: OTHER COSTS
Vendor
Vendor A
VendorB
VendorC
[INSERT ADDITONAL LINES AS NEEDED]
Time Period Hours Hourly Rate
10 $
Amount Documentation Attached?
mm/dcl/yy to mm/dcl/yy
mm/dd/yy to mm/dd/yy
mm/dd/yy to mm/dd/yy
Invoice No.
Invoice No.
100.00 $ 1,000.00 YES/NO
10 $ 100.00 $ 1,000.00 YES/NO
10 $ 100.00 $ 1,000.00 YES/NO
Invoice Date Description of Costs Amount Documentation Attached?
1 1/1/2014 Professional services for the $ 10,000.00 YES/NO
2
3
month of January 2014
2/1/2014 Professional services for the
month of February 2014
3/1/2014 Professional services for the
month of March 2014
$ 10,000.00 YES/NO
$ 10,000.00 YES/NO
3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO
March 2014 •
Invoice Date Description of Costs
1 1/1/2014 Printing costs for January 2014
1 2/1/2014 News Announcement for
February 2014 Workshop
2/28/2014 Snacks for February 2014
Workshop
31
Amount Documentation Attached?
$ 100.00 YES/NO
$ 100.00 YES/NO
$ 100.00 YES/NO
Nov. 12, 2024 Item #3 Page 40 of 58
To:
From:
TASK
1 RFP
2 Existing Conditions Report
3 Public Outreach
4 Draft Plan
5 Final Plan
Total
TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
SUCHI MUKHERJEE
SANDAG
401 B Street, Suite 800
San Diego, CA92101-4231
Name
Address
Project Name: [PROJECT NAME]
Contract Number:
Grant Invoice Number:
BiUi11_g Pe~od:
ln"°ice Date:
500XXX
#
FROM
DATE
Gra~tAward: " $0.00
Balance Remaining $0.00
TO
~-Previous Balance Current MM/DD(YYYY to MM/DOIYYYY
Consultant or
Reimbursed to Match to Total to Contractor
Date Date Date Staff Costs Costs Other Costs
$0.00 $0.00 $0-00 $0.00 $0.00 $0.00
$0.00 $0.00 -c::: $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 == $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 ;:,-$0.00 $0.00 $0.00 $0.00 -$0.00 $0.00 -$0.00 $0.00 $0.00 $0.00
Total Project Budget
!Grant+ Match\
Task 1 $0.00
Task 2 $0.00
Task 3 $0.00
Task 4 $0.00
Task 5 $0.00
TOTAL $0.00
SANDAG Grant: $0.00
Match: $0.00
32
Total Expenses SANOAG Total Match Spent
This lnvolca This Jnvoic·e This Invoice
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
-$0.00 $0.00 ___$0.00
$0.00 $0.00 SQ.OD
$0.00 $0.001 $0.00
Total Current Expenditures: $0.00
Total Amount Due this Invoice: $0.00
Less 10% Retention: $0.00
Match% Met to Date: ... #DIV/0!
1
AMENDMENT NO. 1
TO SANDAG AGREEMENT NO. 5004838
I.AMENDMENT SUMMARY
Agreement No.: 5004838
Amendment No.: 1
Grantee: City of Carlsbad
Work Description: Carlsbad Boulevard and Tamarack Avenue Pedestrian Improvement
Project
A. This Amendment Only
(Revisions)
B. Original
Agreement
D. Revised (Total)
Amended Agreement
Revisions to:
Amount: $1,054,000
End Date: May 9,
2019 % Over
Original
Amount: 0% ☐Terms & Conditions (T&C)
☐Scope of Work (SOW)C. Current
Agreement*
☐Max. Amt.Amount: N/A Amount: $1,054,000 Amount: $ 1,054,000
☒Exp. Date End
Date:
May 9,
2022 End Date: May 9, 2019 End Date: May 9, 2022
* This includes original agreement and all previously approved amendments
II.STANDARD PROVISIONS
A.Under the Agreement No. 5004838 and any previous amendments thereto (referred to
herein as “Agreement”) between the San Diego Association of Governments (“SANDAG”)
and City of Carlsbad (referred to herein as “Grantee”), Grantee implements the Carlsbad
Boulevard and Tamarack Avenue Pedestrian Improvement Project, as shown in Article I.
B.Grantee shall remain bound to the terms of the Agreement, except to the extent the terms
of this Amendment conflict with the Agreement or any previous amendments, in which case
this Amendment shall supersede. Nothing in this Amendment relieves the Grantee of its
obligation to perform as required by the Agreement or any previous amendments unless
expressly stated herein.
III.AGREEMENT REVISIONS (SEE ARTICLE I.A. – AMENDMENT SUMMARY)
A.Scope of Work
There shall be no change to the scope of the Agreement.
B.Costs
There shall be no change to the maximum amount of the Agreement.
Exhibit 4
Nov. 12, 2024 Item #3 Page 41 of 58
Nov. 12, 2024 Item #3 Page 42 of 58
C. Schedule of Services/Milestones/Deliverables
SAN DAG and Grantee agree that the termination date and/or schedule of this Agreement
shall be revised and the termination date identified as "End Date" in Article I.D., shall be
the termination date. Grantee shall not be paid for work performed after the termination
date. The revised Scope, Schedule, and Budget is shown in Attachment A to this
Amendment.
IV. SIGNATURES
This Amendment may be executed and delivered by facsimile signature and a facsimile signature
shall be treated as an original. This Amendment may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
Amendment.
IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the
Agreement between SAN DAG and Grantee. By signing below, the parties hereto agree that all
terms and conditions of this Amendment, the Agreement, and any previous amendments shall be in
full force and effect.
The persoT below assert thats qi autho~ized to execute this Amendment and have executed it
as of this J-:h:' day of Y1 , . 2019.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
CHARLES "MUGGS" STOLL
Director of Land Use and Transportation
Planning
APPROVED AS TO FORM AND LEGALITY:
OffiEe-ofGenera
Attachments:
CITY OF CARLSBAD
APPROVED AS TO FORM AND LEGALITY:
AMANDAGUY ~ L , Deputy City Attorney
~ Revised Scope, Schedule and Budget (Attachment A)
2
3
ATTACHMENT A
REVISED SCOPE, SCHEDULE, AND BUDGET
PROGRAM:
PART I: PROJECT OVERVIEW
PROJECT TITLE:
PROJECT LIMITS:
PROJECT SUMMARY:
PART II: SCOPE OF WORK, SCHEDULE, AND BUDGET
Propose tasks, deliverables, a timeframe, and a budget for implementing the project. The project schedule must be based on "Months from Notice to Proceed."
Capital projects are also required to include $5,000 for baseline bicycle and pedestrian data collection.
Also identify any seasonal constraints that may require the overall project, or specific tasks, to begin or be completed by a specific date.
TASK NO. TASK DESCRIPTION DELIVERABLES: START DATE*: Revised Start Date COMPLETION DATE*:Revised Completion Date TOTAL PROJECT COSTS:
APPLICATION SUBMITTAL:
1 Collect Baseline Data (REQUIRED)Baseline Data Collection Plan;
Raw Bike/Ped Data
Notice to
Proceed (NTP)1 $ 5,000.00
2 Mobilization
Constraint identification, public
outreach, approved project by
City Council
2 5 $ 150,000.00
3 Preliminary Engineering and Planning Design Concepts; 30% Plans 5 9 $ 73,600.00
4 Compete Technical Studies Various Technical Studies 9 13 $ 100,000.00
5 Complete Engineering and Final Design
Status Reports; Engineering
Contract; 60%, 90%, and 100%
plans
13 34 19 46 $ 225,000.00
6 Award Construction Contract Bid Documents; Contract 19 46 20 52 $ -
7 Project Construction Notice of Completion 20 52 36 72 $ 800,585.00
Contingency 25% $ 238,869.00
Construction Engineering 15% $ 210,800.00
TOTAL $ 1,804,000.00
*Start and Completion dates shall be tracked using "Months from Notice to Proceed (NTP)"
Carlsbad Blvd and Tamarack Ave Pedestrian Improvement Project
339 feet north of Tamarack Avenue Intersection on Carlsbad Boulevard and south 1,404 feet across the Agua Hedionda Lagoon bridge along Carlsbad Blvd to connect to the section of the sidewalk that
already wide. 339 feet east of and 1,404 west of Carlsbad Boulevard on Tamarack Avenue.
Provide enhanced facilities for peds, transit users and bicyclists. The sidewalk on the west side of Carlsbad Blvd will be widened from 5' to 15' from Tamarack Ave to the south side of the bridge (192,100
grant for a portion of the sidewalk). The proposed project will modify the traffic signal and the striping to install new crosswalks and pedestrian signal phasing at the intersection on the NB/SB approaches
(192,100 grant). The SB bus stop will be relocated (192,100 grant) and a new one will be built to the south side of the intersection within a new pocket park, one controlled pedestrian crossings, with an
improved path/stairs to Carlsbad State Beach and the bathrooms. Bicyclists may be provided with NB and SB bike boxes (192,100 grant). Improvements along Carlsbad Blvd include a repurpose of existing
ROW, multi-use trail, mid block crossing with enhanced pedestrian safety features, curb extensions, ADA improvements, high visibility crosswalks, and a pocket park adjacent to the relocated bus stop
which will be connected to coastal walking trails.
CAPITAL PROJECTS: SCOPE OF WORK, SCHEDULE, AND BUDGET
ACTIVE TRANSPORTATION GRANT PROGRAM $1.054 Million
No
v
.
1
2
,
2
0
2
4
It
e
m
#
3
P
a
g
e
4
3
o
f
5
8
I
I
4
SEASONAL CONSTRAINTS, IF ANY:
PART III: FUNDING SOURCES
TOTAL PROJECT COST: $ 1,804,000.00
TOTAL GRANT AMOUNT REQUESTED FROM SANDAG: $ 1,054,000.00
TOTAL MATCH AMOUNT THAT WILL BE CONTRIBUTED: $ 750,000.00
SANDAG % CONTRIBUTION: 0.58
MATCH % CONTRIBUTION: 0.42
PART IV: PHASING (REQUIRED FOR SELECT PROJECTS)
A phasing plan is required for projects that cannot be fully funded by SANDAG and/or capital grant requests over $1 million.
PHASE DESCRIPTION TOTAL PHASED COSTS:
EXAMPLE - CHANGE/REMOVE PRIOR TO
APPLICATION SUBMITTAL.
-$
TOTAL -$
Construction timeline includes a window of time during the summer months (May-September) when no major construction will be occurring.
No
v
.
1
2
,
2
0
2
4
It
e
m
#
3
P
a
g
e
4
4
o
f
5
8
► I
► ►
SAN DIEGO ASSOCIATION OF GOVERNMENTS AGREEMENT AMENDMENT
I.AGREEMENT SUMMARY
Contract No.: 5004838 (S503258)
Grantee Name: City of Carlsbad
Exhibit 5
Project Name: Carlsbad Blvd & Tamarack Ave. Pedestrian Improvement ATGP
Project
Current Contract Amount: $1,054,000.00
Current Contract Payment □ Lump Sum
Method(s): ISi Cost Per Unit of Work
D Specific Rates of Compensation □Cost Plus Fixed Fee
Current Contract Termination 5/9/2022
Date:
II.AMENDMENT SUMMARY
Amendment No. 2 (S982233)
Amended Terms and Conditions? □ Yes ISi No
Amended Scope of Work? D Yes ISi No
Amended Contract Amount? □ Yes ISi No Amendment Amount: N/A
Revised Contract Amount: N/A
Amended Termination Date? ISi Yes □ No Revised Termination Date: 5/8/2025
Amended Project Schedule? ISi Yes D No
Ill. STANDARD PROVISIONS
A.Under the Agreement identified by the Contract Number in Article I and any previous
amendments thereto (referred to herein as "Agreement") between the San Diego Association of
Governments ("SANDAG") and the Grantee listed in Article I (referred to herein as "Grantee"),
Grantee provides the services and/or deliverables described in the Agreement and any previous
amendments to SANDAG.
B.Grantee shall remain bound to the terms of the Agreement, except to the extent the terms of this
Amendment conflict with the Agreement or any previous amendments, in which case this
Amendment shall supersede. Nothing in this Amendment relieves the Grantee of its obligation to
perform as required by the Agreement or any previous amendments unless expressly stated
herein.
1
Nov. 12, 2024 Item #3 Page 45 of 58
Nov. 12, 2024 Item #3 Page 46 of 58
IV. AGREEMENT REVISIONS
A. Terms and Conditions
SANDAG and Consultant agree that the Terms and Conditions of the Agreement shall be
amended if indicated in Article II. If applicable, these revisions are included in an Attachment to
this Amendment.
B. Scope of Work
SANDAG and Grantee agree that the Scope of Work shall be amended if indicated in Article II. If
applicable, these revisions are included in an Attachment to this Amendment.
C. Costs
SANDAG and Grantee agree that the Contract Amount listed in Article I shall be revised if
indicated in Article II. If amended, the total amount payable under this Agreement shall not
exceed the amount shown in Article 11, which includes the Agreement, any prior amendments,
and this Amendment's revision. The Consultant will be paid by the following method(s) for this
Amendment:
□ Lump Sum
~ Cost Per Unit of Work
□ Specific Rates of Compensation
□ Cost Plus Fixed Fee
If applicable, the revised Payment schedule is included in an Attachment to this Amendment.
SANDAG and Grantee agree that the termination date and/or project schedule of the Agreement
shall be amended if indicated in Article II. Grantee shall not be paid for work performed after the
termination date. If applicable, the revised Project Schedule is included in an Attachment to this
Amendment.
V. SIGNATURES
This Amendment may be executed and delivered by electronic signature. This Amendment may be
executed in counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same agreement.
This Amendment has been executed under the provisions of the Agreement between SANDAG and
Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment,
the Agreement, and any previous amendments shall be in full force and effect.
2
Nov. 12, 2024 Item #3 Page 47 of 58
The persons below assert that they are authorized to execute this Amendment which shall be effective as
of the last date a party to the Amendment provides an electronic signature below.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
E-SIGNED by Susan Huntington
on 2022-05-03 21 :24:10 GMT
SUSAN HUNTINGTON
Director of Financial Planning, Budgeting,
and Grants
APPROVED AS TO FORM AND LEGALITY:
OGC signature not required per
Delegation of Authority Policy
Office of General Counsel
Attachments:
CITY OF CARLSBAD
E-SIGNED by Robby Contreras
on 2022-05-03 15:52:19 GMT
ROBBY CONTRERAS
Assistant City Attorney
• Revised Scope of Work, Project Schedule, and Budget
3
Nov. 12, 2024 Item #3 Page 48 of 58
REVISED SCOPE OF WORK, PROJECT SCHEDULE, AND BUDGET
C..UlfAI.PIIOJlCU:SCOPtOFWOIU(,SOl[DUlt,AWOIUDGCT
PMTI-P!O!ITTPYJrnfW ,1101tanru,
Pr~0pa,Ucin,l•~•f..,.~t;qdti.ptO .. t1l,nlanclt•.m>lt•ldtO.""P'Offllll'lh~t1·....,1td>11.,..nt0IC..hludlouW.,dpD1T1Cle,w,!111'11J.~•lllf•ndlu"1,U~,.._n,.,1>1ol«t'M,.o.\.cltnh.or>:111,l~yk,,,t.,,..,.,n:ll"l1'.,...tMm ,••.,.\!hoUa.llcta,bl,o""p":'-''"
tndvdo1N1«•••f...-,11 ... dU..llllW<W<U>nat f,ITlll'KIA""IIU•WC1o,w..dk'<,'-.,. .. d.t-1tr,ll.1:fk-ww.t~ltler~t:o,, .. ,...,,i.t,,,u,,,1,'11fll(lool.onUIDl~1,;-1,ll1ol1 .... ..,w .. u,o,, W~th1Uftwo'.li.1<>U1hott,1N1od.A,r.....,,ln<\,:ll~1 ........ 1~cb!IOI• lldcUClt\,l~lllnlloplD
ia-~ \.IIH ocu, .. ou.. imp,.,.._nt, tol"-' pedim,...,. ,..:! bqdoo fo<J\llu rhl""d><>-" 11w p,~a.-u W vr,1~ ...ics.1:o,,,,i 1,.., o:,.u,.,.1 swl.!~1-
PilJ !·VQNQfWQH SQ!(DIU AHOIVPSil'T
~,oi,,:,wtilU.lk,.,.r,~1.,1,..-41,,ma,N ob.i:!fo,lfotb~-,&rlli'>lp,ojtff.lM~•d,cd.h,r,,,ut>ah,~on•Mcni.l'l>ln"nHollulol'ro,,:ud."
Clf,llllp,oje<ll¥11horrq,c..t10~.»,llX)fo,b,ftl,r,et,,:-1,!e,ndpr~,vu.,c,r,mthrallln.
.1..i.oldtrdy,,,.,H~<onl\l.CllNl""'f••ciu~,.,.. ..... , ... IJIOi«l.Dfl;;fl>l ... 1nk,.lO&cU/'10tbe<~Ni.-,,11t<,f.Cd.111.
AWUCATION UUMTTM;:
Coll«'ll,Heio,,~O.,t.l(li.£0Ulll£0) ==y%.~~"-';~1tt,:lr/""6 Hohlt'IGProttt'd\N1P')
Cornp'n•tnt-nH<"'C•••dfm.tl
' t,:,n,i,.,rt.,,,f-:-.w;i,,i,
h ~,.,,,,,Cf11116lV-11'u~Ml<"""epU:
lt.t>biJl,,Y_.i.M••~·nHrk'C-rl>J<\doboo.\
~r•kulQI\. TldnlUl.,.m;,•h •,,_lire
1olldlin:po,,1G<>alto,,fN_.,.......,,.._.,,
Tr11F,c,M=blltyCOll'O'l'III.S,ar,dOlyc-nt11,
\oWll'Clt.'Miuialt,11dtmtCIAk■na\,.t.
l~Ull1'(1,r..,.i,4.:1~(.[Q-
ll/MSDutlifoCill<ll;r"""",:.-zpnq, ~m t,..,.(41,1.!~,.,,,,1
0!ilartandc .... p1,,11 .... out ... .iullffll'a<Mdm,q:"MonlNl,..,,.Notb!■Pr-dtNJP)"
PAJIITPl·fUNtHNGJQURQl
:;:=Z::::::::n.::.:'.l4==========j~~2~,;;~ .. ~:
SAA"OAG1'C0ml!llUnoH:
MAtOt"CCll'ftlllutrON,
rMirt rw.u1/ffi movmmroe ,nro nwmu
■@&iiifai:O@;jYm z1 1N tc.~~ •• l;i;1:Q,jOAG17 c .. o11iyM1\ltQfllh -SI~
10•l""'1110UJ
t(Dot(•"'"'lO.ll)
•~?(JUI
JP...,.l0LII
4
" ..
1SU~""'"'Yl014)
lJ(hlllf-,,ZOnJ
Nov. 12, 2024 Item #3 Page 49 of 58
EXAMPll • CHANGt/AEMOVE
PNORTOAPPUCATIOH
SUBMITTAL
TOTAL ~
CityofC.Uhbad:
5
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: City Manager Scott Chadwick led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Recognition of Donation from George Krell
Library & Cultural Arts Director Suzanne Smithson said a few words about the Krell’s and their
donation.
PUBLIC COMMENT:
Mike Borrello expressed his concern with freedom of speech regulations and censorship.
Walt Meier expressed safety concerns with vegetation in local parks.
Nicki Rudden expressed her appreciation for events held at the city libraries.
Katrina Waidelich expressed her appreciation for events held at the city libraries.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 7. Motion carried unanimously, 5/0.
1.REPORT ON CITY INVESTMENTS AS OF MAY 31, 2023 – Accept and file Report on City
Investments as of May 31, 2023. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services Department)
2.APPROVAL OF THE PURCHASE OF THE TABLEAU ANNUAL SUBSCRIPTION RENEWAL FROM
SOLUTION SIMPLIFIED, INC. – Adoption of Resolution No. 2023-198 authorizing the City
Manager or a designee to purchase the Tableau software subscription renewal from Solutions
Simplified, Inc., in an amount not to exceed $215,475 for a one-year term ending July 31,
2024. (Staff contact: Maria Callander and David Graham, Administrative Services
Department)
July 18, 2023, 5 p.m.
Exhibit 6
Nov. 12, 2024 Item #3 Page 50 of 58
CITY COUNCIL
Minutes
July 18, 2023 Carlsbad City Council Regular Meeting Page 2
3. APPROVAL OF THE PURCHASE OF THE OKTA SOFTWARE SUBSCRIPTION RENEWAL FROM
CDW-G, LLC – Adoption of Resolution No. 2023-199 authorizing the City Manager or a
designee to purchase the Okta software subscription renewal from CDW-G, LLC, in an amount
not to exceed $406,944 for a three-year term ending Aug. 24, 2026. (Staff contact: Maria
Callander, Administrative Services Department)
4. REQUEST TO APPROVE THE REVISED AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM
JOINT POWERS AGREEMENT – Adoption of Resolution No. 2023-200 approving the
Automated Regional Justice Information System joint powers agreement and authorizing the
City Manager to make the annual payments as required, including any annual cost
adjustments. (Staff contact: Maria Callander, Administrative Services Department and
Christie Calderwood, Police Department)
5. AGREEMENT FOR THE POLICE DEPARTMENT TO PARTICIPATE IN THE REGIONAL
REALIGNMENT RESPONSE GROUP PROGRAM AND ITS PROBATION COMPLIANCE CHECKS –
Adoption of Resolution No. 2023-201 approving the 2018 agreement for the Regional
Realignment Response Program and authorizing the City Manager to enter into future similar
agreements and to accept and appropriate reimbursement funds received from the County
of San Diego for the Regional Realignment Response Group Program. (Staff contact: Amanda
Baker and Christie Calderwood, Police Department)
6. USE OF CITY FACILITIES FOR 2024 PRIMARY AND GENERAL ELECTION VOTE CENTER
LOCATIONS – Adoption of Resolution No. 2023-202 authorizing the use of the Calavera Hills
Community Center Activity Room, Alga Norte Community Park Meeting Room 301 (General
Election only), Pine Avenue Community Center Activity Room and Stagecoach Community
Center Activity Room as vote center locations and waiving any associated fees for their use
in the 2024 Primary and General Elections. (Staff contact: Faviola Medina, City Clerk
Department)
7. ACCEPTING A $100,000 DONATION FROM GEORGE KRELL TO THE CITY OF CARLSBAD LIBRARY
& CULTURAL ARTS DEPARTMENT – Adoption of Resolution No. 2023-203 accepting a
$100,000 donation from George Krell to the City of Carlsbad Library & Cultural Arts
Department and appropriating $50,000 of the donation for purchase of new seating and
large-type books. (Staff contact: Suzanne Smithson, Community Services Department)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
8. UPDATING CARLSBAD MUNICIPAL CODE CHAPTER 7.08 TO REFLECT CITY’S CONTRACT WITH
THE SAN DIEGO HUMANE SOCIETY AND ADOPTING USER FEES RELATED TO ANIMAL CONTROL
Nov. 12, 2024 Item #3 Page 51 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 3
AND REGULATION – 1) Introduce Ordinance No. CS-450 amending Carlsbad Municipal Code
Chapter 7.08 Rabies, Animal Control and Regulation; and
2) Adoption of Resolution No. 2023-204 adopting updated user fees for the recovery of city
costs related to animal control and regulation services. (Staff contact: Reid Shipley and
Amanda Baker, Police Department)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
Police Captain Reid Shipley and Deputy City Attorney Marissa Kawecki presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:21 p.m.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:21 p.m.
In response to an inquiry from Mayor Blackburn, Police Captain Shipley explained that the
employees of the human society can use discretion to be able to provide assistance or waive
fees as needed on a case-by-case basis.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-450. Motion carried unanimously, 5/0.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-204. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. CARLSBAD TOMORROW GROWTH MANAGEMENT CITIZENS COMMITTEE REPORT – Adoption
of Resolution No. 2023-205 accepting the Carlsbad Tomorrow: Growth Management Citizens
Committee’s Report and directing staff to return to the City Council with an implementation
program and options to update the Growth Management Program consistent with the
committee’s recommendations three months after the completion of the Housing Element
Rezoning Program. (Staff contact: Eric Lardy, Community Services Department)
City Manager’s Recommendation: Adopt the resolution.
City Planner Eric Lardy, Community Development Director Jeff Murphy and Carlsbad
Tomorrow: Growth Management Citizens Committee Chair Eric Larson presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Nov. 12, 2024 Item #3 Page 52 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 4
Diane Nygard urged the City Council to consider directing staff to come back with a plan to
conduct proximity study for city parks.
Steve Linke expressed his appreciation for serving on the committee.
Dave Ordas expressed his desire for a new city park as a safe space for children.
Lance Shulte expressed his desire for a new city park.
In response to an inquiry from Council Member Acosta, City Planner Lardy explained that the
standard for the Growth Management Plan is 15% open space that is not biological, and it
was adopted in 1986 before the ballot initiative. He added that it was estimated that at the
build out of the plan, the city would fall between 35% to 40% open space.
In response to an inquiry from Council Member Acosta, Community Development Director
Murphy explained that at the July 13, 2021, City Council meeting there was a discussion on
whether to acquire open space or park space in the southwest quadrant of the city. He added
that realignment of Carlsbad Boulevard was also discussed and would allow for up to 50 acres
of land that could be used to recreational or open space purposes.
In response to an inquiry from Council Member Acosta, City Planner Lardy explained that the
Housing Element Rezone Program is required to be adopted by April 2024.
In response to an inquiry from Council Member Acosta, Parks & Recreation Director Kyle
Lancaster explained that the Parks Master Plan is scheduled to go to the City Council in
September 2023 and park equity will be discussed in that report.
In response to an inquiry from Council Member Acosta, Environmental Sustainability Director
Jaime Wood explained that a sustainability commission has not been considered or pursued
in the city but could be if directed by the City Council to do so.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Parks & Recreation Director
Lancaster explained that if the City Council directed staff to conduct a study on a distance-
based standard a consultant could be hired to complete the study, however it would likely
not take place until early 2024. He added that this would allow for the City Council to receive
updates on other items, such as the park equity maps, that are scheduled to be presented
before then.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon confirmed
that any ballot initiative measures can only be undone by ballot measures, unless determined
to be void or voidable.
In response to an inquiry from Council Member Luna, Parks & Recreation Director Lancaster
explained that there is a staff committee within the Parks & Recreation Department that
meets quarterly to review and discuss natural open space opportunities.
Nov. 12, 2024 Item #3 Page 53 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 5
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
generally, the four quadrants in the city are defined by El Camino Real between the east and
the west and Palomar Airport Road between the north and the south.
In response to an inquiry from Council Member Burkholder, Transportation Director Tom
Frank shared an overview on the South Carlsbad Boulevard Climate Adaptation Study and an
established Capital Improvement Project in south Carlsbad that is not currently funded. He
added that with the Safter Streets Together Plan, a third project is currently funded to
consider an arterial realignment.
In response to an inquiry from Mayor Blackburn, City Manager Scott Chadwick explained that
the city currently has approximately 17 boards and commissions.
In response to an inquiry from Council Member Burkholder, Deputy City Manager Public
Works Paz Gomez explained that energy studies are spread out throughout various city
departments.
Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, directing
staff to return to the City Council with a discussion on a distance-based park standard. Mayor
Pro Tem Bhat-Patel rescinded her motion.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-205. Motion carried unanimously, 5/0.
In response to an inquiry from City Manager Chadwick, Parks & Recreation Director Lancaster
explained that staff could return to the City Council 60 days after the adoption of the Parks
Master Plan with more information on the distance-based park standard.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Parks & Recreation Director
Lancaster explained that the Parks Master Plan currently scheduled for September 2023 will
provide more information into park equity and if the City Council would like more information
into distance-based park standard, the City Council could direct staff at that time.
Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta to return
to the City Council with a discussion on reevaluating Proposition H. Motion carried
unanimously, 5/0.
Minute Motion by Council Member Acosta directing staff to bring back an agenda item
regarding the potential formation of an energy advisory committee or a sustainability
committee with renewal energy as part of their scope and to consider the recommendations
as part of the current item. Motion failed due to lack of a second.
Mayor Blackburn declared a recess at 6:55 p.m.
Nov. 12, 2024 Item #3 Page 54 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 6
Mayor Blackburn reconvened the meeting at 7:05 p.m.
10. SELECTING INTERSECTION TRAFFIC CONTROL FOR THE CARLSBAD BOULEVARD AND
TAMARACK AVENUE INTERSECTION IMPROVEMENTS PROJECT – 1) Adoption of Resolution
No. 2023-206 approving a roundabout at the intersection of Carlsbad Boulevard and
Tamarack Avenue as the preferred intersection traffic control option and authorizing staff to
move forward with the environmental review, permitting and final engineering design of the
Carlsbad Boulevard and Tamarack Avenue Intersection Improvements Project; or
2) Adoption of a resolution approving a traffic signal at the intersection of Carlsbad Boulevard
and Tamarack Avenue as the preferred intersection traffic control option and authorizing
staff to move forward with the environmental review, permitting and final engineering design
of the Carlsbad Boulevard and Tamarack Avenue Intersection Improvements Project. (Staff
contact: Lauren Ferrell and Tom Frank, Public Works Department)
City Manager’s Recommendation: Adopt the resolution that identifies the preferred
intersection traffic control method.
Transportation Director and City Engineer Frank and Associate Engineer Lauren Ferrell
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Jerry Tucker expressed his support for an intersection.
Don Thorstenson expressed his support for a roundabout.
Mark Embree expressed his support for a roundabout.
Jon James expressed his support for an intersection.
Pat Ward expressed her support for a roundabout.
Michael Hedrick expressed his support for a roundabout.
Chuck Pateros expressed his support for a roundabout.
Loren Chaffin expressed his support for an intersection.
William Fowler expressed his support for a roundabout.
Christina McGoldrick expressed her support for a roundabout.
Robert Wilkinson expressed his support for a roundabout.
Steve Linke, representing a group consisting of Jan Neff-Sinclair, Hope Nelson and Scott
Engel, expressed his support for an intersection.
Nov. 12, 2024 Item #3 Page 55 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 7
Kris Wright, representing a group consisting of Elizabeth Banks, Sue and Barbara
Campbell, expressed her support for an intersection.
Sophia Gocan expressed her support for a roundabout.
Monica Gocan expressed her support for a roundabout.
Joseph Nevins expressed his support for a roundabout.
Judy Frankel expressed her support for a roundabout.
Pete Penseyers expressed his support for a roundabout.
Joe Whittaker expressed his support for a roundabout.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
explained that city staff began to consider a roundabout option when discussing how to meet
the objective of improving active transportation uses among the coastline while also slowing
down traffic speeds.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
confirmed that this project is not concurrent with other roundabout projects in Carlsbad
south of Tamarack Avenue.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
explained that though staff currently have remote communication with the traffic signals at
the intersection, smart signals would not address the concerns that are being presented.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
explained that the roundabout option has a less expensive construction cost, as well as a
higher cost-benefit ratio.
In response to an inquiry from Council Member Burkholder, Wood Rogers Inc. Project
Engineer Mario Tambellini explained that the current study demonstrated that on a Saturday
in 2022 during a peak afternoon hour there were 200 pedestrians on the north leg, 70
pedestrians on the east leg, 1 pedestrian on the south leg and 30 pedestrians on the west leg.
Wood Rodgers Inc. Senior Engineer Melissa Gomez explained that their study captured 11
total accidents for the Tamarack Avenue and Carlsbad Boulevard intersection.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
explained that from the community outreach that was conducted, the main concern from
residents was to slow speed, have a safe intersection for all users and to allow for different
modes of transportation to be utilized safely.
Nov. 12, 2024 Item #3 Page 56 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Council Member Burkholder, Fire Chief Michael Calderwood
explained that the roundabout does not demonstrate any significant decline on emergency
response time. He added that the road plan also allows for ample area for vehicles to yield
and allow for an emergency vehicle to pass through.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Frank
confirmed that statistically a pedestrian struck in a collision has greater odds at survival with
the roundabout option.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Frank
explained that the Communications Department will be providing on-going information on
roundabouts as they become more popular in the city. He added that a helpful safety tip for
drivers to know is to be sure to use their turn signals when entering a roundabout.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Frank
explained that pedestrian flashing beacons will be considered once the project’s conceptual
phase is complete and they enter the final design phase.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Frank
explained that from his observation, in traffic congestion most gridlock occurs with traffic
signals rather than roundabouts.
In response to an inquiry from Council Member Burkholder, Transportation Director Frank
explained that when a pedestrian crosses the street with the roundabout option all other
traffic motions continue with the exception of the traffic directly next to the pedestrian
crossing, allowing for more vehicular traffic flow to occur.
In response to an inquiry from City Manager Chadwick, Transportation Director Frank
explained that there is another roundabout project at Cannon Road and Carlsbad Boulevard
that could be evaluated for any issues before final construction of the Tamarack Avenue and
Carlsbad Boulevard roundabout. He added that temporary or interim roundabouts do not
allow for the full benefits of roundabouts to be utilized.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Burkholder, to adopt
Resolution No. 2023-206 with staff returning to the City Council within five months of
completion of the Cannon Road and Carlsbad Boulevard roundabout with data for the City
Council to reevaluate and determine if changes are needed in the design of the Tamarack
Avenue and Carlsbad Boulevard roundabout or to pursue other options for this intersection.
Motion carried, 3/2 (Blackburn, Burkholder – No).
This item was continued to a date certain of July 25, 2023.
11. WHAT WORKS CITIES CERTIFICATION FOR PERFORMANCE MANAGEMENT AND
Nov. 12, 2024 Item #3 Page 57 of 58
Nov. 12, 2024 Item #3 Page 58 of 58
July 18, 2023 Carlsbad City Council Regular Meeting Page 9
OPERATIONAL EXCELLENCE -Receive a report on the City of Carlsbad's performance
management and operational excellence efforts that have been recognized with a silver
certification by What Works Cities, an international standard of excellence for data-driven,
well-managed local government. (Staff contact: David Graham and Rachel Maltz,
Administrative Services Department)
City Manager's Recommendation: Receive the report.
12. LOCAL CONTROL RESOLUTION -Consider a request from Council Member Burkholder to
adopt a resolution expressing support for actions to further strengthen local democracy,
authority and control in relation to local zoning and housing issues. (Staff contact: Sheila
Cobian, City Manager Department)
City Manager's Recommendation: Consider the request to adopt the resolution.
Council Member Burkholder provided opening remarks.
Council Member Luna requested the deletion of the 3rd recital contained in the resolution:
"The City of Carlsbad will explore various ways to protect the ability of cities to retain local
control over zoning as each individual city within the State of California is best suited to
determine how the zoning in their city should be allocated in order to meet the housing needs
of the community."
Steve Linke expressed his support for adopting the resolution.
Motion by Council Member Luna, seconded by Council Member Burkholder to adopt
Resolution No. 2023-207 with the deletion of recital 3. Motion carried unanimously, 5/0.
COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported
on activities and meetings of some committees and subcommittees of which they are members.
ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the
community regarding events that Members of the City Council have been invited to, and may
participate in.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 9:05 p.m.
i4dr=
Kaylin McCauley
Deputy City Clerk
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Attachments:
Steve Linke <splinke@gmail.com>
Sunday, November 10, 2024 10:32 AM
Keith Blackburn; Priya Bhat-Patel; Teresa Acosta; Melanie Burkholder; Carolyn Luna; City
Clerk
Carlsbad Blvd/Tamarack Ave intersection SAN DAG grant (11/12/2024 Item #3)
2024-11-12 CC Carlsbad Blvd-Tamarack Ave intersection grant -Linke comment.pdf
See the attached public comment PDF.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1
November 10, 2024
Re: Carlsbad Blvd/Tamarack Ave intersection project SANDAG grant (11/12/2024 Item #3)
City Council and Staff:
This item on funding the Carlsbad Boulevard/Tamarack Avenue intersection improvement
project should be pulled from the Consent Agenda for discussion. Staff should be asked to: (1)
request that remaining grant funds be used for simultaneous design and environmental review
of both the roundabout and traffic signal options, (2) come back with a reasonable overall
funding mechanism that does not rely entirely on gas taxes (currently $17.7M total, creating a
$10M negative balance in the gas tax fund in the year of construction), and (3) plan for a Prop
H-like public vote on the project consistent with its cost and discretionary nature.
Propose simultaneous design/environmental review of roundabout and traffic signal options
This project was presented to council on 7/18/2023 with staff's recommended choice of a
roundabout over a traffic signal. The roundabout was chosen in a 3-2 vote in the context of
significant public opposition based mainly on safety and congestion concerns, which were
objectively quantified at the meeting. And the final choice was made contingent upon the
performance of the roundabout planned for Cannon Road on Carlsbad Boulevard.
It is a good idea to request a scope shift of the SAN DAG grant from construction costs to
design/environmental review costs in order to avoid forfeiture of the remaining funds. However,
there still would be approximately $476,000 of grant funds forfeited if only the roundabout
option is designed/reviewed. The SAN DAG grant money was originally available regardless of
the choice of roundabout or traffic signal, so, perhaps the remaining funds could be used for
simultaneous design/environmental review costs of both options.
One of the options could be determined to be infeasible or impractical during the design/review
process, and the two options could serve as environmental alternatives. With the parallel
design/environmental review approach, either option could be shovel-ready when the final
choice is made. Otherwise, if the traffic signal option is eventually chosen, the timeline would
have to start over.
Costs/gas tax funding mechanism
The latest information on the total estimated cost for the roundabout option is approximately
$19M (before a more accurate estimate is developed and not accounting for inflation-related
cost increases or construction cost overruns). The currently proposed funding mechanism has
all of the non-grant funds coming exclusively from the gas tax fund--about $1.8M already spent
1
and an estimated $15.9M planned for the future. This is an unprecedented gas tax
appropriation for a single discretionary intersection project that likely will consume the entirety
of 5+ years of Carlsbad's gas tax revenues and seemingly create a nearly $10M negative balance
in the gas tax fund in the construction year (see the Table attached below). This is a huge
amount of money with opportunity costs on many other smaller projects, like expediting Safe
Routes to Schools, etc.
Public vote based on cost and discretionary nature of project
Prop H limits capital expenditures to $1M of "city funds" without a public vote (which may now
be increasing to $3M under Measure B). Prop His routinely cited by staff as an excuse to avoid
projects they do not want to do, even if they address growth management deficiencies (e.g.,
College Boulevard completion). However, alternative (non-Prop H) sources of funding seem to
be found for other--often discretionary--projects that staff wants to do. In this case, the
appropriation of Carlsbad's gas tax funds, which have inexplicably been defined as not being
"city funds," conveniently avoids the need for a public vote.
I supported the Measure B increase in the Prop H limit but wanted it linked to an expansion of
the definition of "city funds" to sources like gas taxes and some traffic impact fees, which are for
general use on any transportation-related projects--not tied to specific projects. Even if a public
vote is not mandatory with the currently proposed gas tax funding scheme, council should
schedule a vote on the project anyway in the spirit of Prop H, given the magnitude of the
appropriation and its discretionary nature.
Sincerely,
Carlsbad, CA
Email: splinke@gmail.com
Attachment: Gas Tax Fund table from the Fiscal Year 2024-25 Capital Improvement Program
2
Attachment: Gas Tax Fund table from the Fiscal Year 2024-25 Capital Improvement Program
GAS TAX FUND
PRIOR YEAR 1 YEAR2 YEAR3 YEAR4 YEARS YEAR6-15
YEARS 2024·2S 2025-26 2026-27 2027-28 2028-29 2030-39
BEGINNING FUND BAIANCE N/A 178,9S0 4,937,94S 2,697,828 4,628,492 (9,396,669) (7,985,256)
REVENUES
Gas Tax and Prop 42 Funds 3,186,643 3,262,882 3,298,664 3,334,839 3,371,413 34,270,794
Total Revenues N/A 3,186,643 3,262,882 3,298,664 3,334,839 3,371,413 34,270,794
CAPITAL PROJECTS
Barrio Street Lighting 150,000
Camino De Los Coches and La Costa Avenue Intersection Control 350,000 2,000,000
Carlsbad Village Drive Widening~ Pontiac Drive to Victoria Avenue 700,000 2,500,000
Carlsbad Blvd And Tamarack. Avenue Pedestrian Improvements 1,771,001 300,000 15,600,000
Carlsbad Boulevard Emergency Repair 841,002
Carlsbad Boulevard Lane Reduction and Edge Striping 300,000
Carlsbad Blvd Median-Tamarack Avenue To Pine Avenue
Carlsbad Blvd Pedertrian Improvement Project 1,055,888
Citywide Drainage Improvement Program 6,090,594
Citywide Street Lighting Program 150,000
Citywide Thermoplastic Pavement Markings 50,000 150,000 150,000 150,000 150,000 150,000 1,500,000
Concrete Repair/Replacement Program 3,133,000 260,000 250,000 290,000 l.10,000 390,000 4,700,000
El Camino Real And Cannon Road Intersection Improvements 661,126
E.I Camino Real Medians 904,S30 (352,000)
El Camino Real Widening~ Arena I Road to la Costa Avenue 1,450,000
Guardrail Replacement And Improvement Program 150,000 200,000
lntelllsent Traffic Control Devices 199,999
Kelly Drive And Park Drive Road Diet And Mu!tiuse Trail 130,000 1,000,000
la Costa Avenue Traffic Improvements 121,300 (108,842) 109,000
Laguna Drive Storm Drain 256,000 1,000,000 1,494,000
Marca Place Drainage Improvements 65,000
Palomar Airport Rd and Avenida Encinas GMP Improvements 230,000 (230,000)
Park Drive Drainage And Street Improvements 3,965,001
Paseo Del Norte Pedestrian and Bike Improvements 65,490
Pavement Management Program 7,930,849
Retroreflectlvity 51gn Replacement Program 1,000,000 150,000 70,000 120,000 120,000 120,000 1,200,000
Roildwily Slope Stabll!zatlon 779,998 500,000
Romeria Drainage Improvements 347,937
Schools Traffic Safety Program 2..S0,000
Sidewalk/Street Construction Program 98$,000 633,000 108,000 750,000 200,000 5,225,000
Sustainable Mobility Plan Implementation Program 710,S67
Traffic Improvement Program 2,388,004
Traffic Monitoring Program 200,000 170,000 400,000 400,000 400,000 400,000
Traffic Signal~ Maverick Way & Camino De Los Coch es 490,000 450,000
Traffic Sign;d • Tamarack Avenue And Valley Street S02.370
Traffic Signal Right Turn Overlaps 150,000 135,000
Viflage! And Oarrio Traffic Clrdes 4,159,001 (4 000,000)
Total Project Expenditure~ 40,683,167 (1,572,352) 5,503,000 1,368,000 17,360,000 1,960,000 16,928,000
ENDING FUND BALANCE N/A 4,937,945 2,697,828 4,628,492 (9,396,6691 (7,985,2561 9,357,538
3