To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Metropolitan Transportation Commission Regional Measure 3 Allocation Request
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Adopt Resolution 2025-___ declaring that the County complies with the provisions of the Metropolitan Transportation Commission (“MTC”) Regional Measure 3 (“RM3”) Policies and Procedures to receive $425,000 from the RM3 - Safe Routes to Transit & Bay Trail Program to conduct the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study.
FISCAL IMPACT:
The action will allow the County to receive $425,000 from the Metropolitan Transportation Commission RM3 - Safe Routes to Transit & Bay Trail program to conduct the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study.
There will be no impact to the General Fund. The County will contribute $50,000 in Measure J transportation sales tax funds as a local match towards the conduct of the study. The City of Pinole, a project partner, will contribute $25,000.
BACKGROUND:
In February 2025, the County was informed by the Metropolitan Transportation Commission that it was selected to receive $425,000 from RM3 - Safe Routes to Transit & Bay Trail (“SR2TBT”) Program to conduct the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study (“Study”).
The planning Study will evaluate enhanced bicycle and pedestrian improvements, including Class I or Class IV separated bicycle facilities and other active transportation safety enhancements along San Pablo Avenue from Richmond Parkway, through the Tara Hills, Montalvin Manor and Bayview communities, and the City of Pinole, to the Pinole-Hercules border. The segment of San Pablo Avenue is an identified gap and is a high-priority San Francisco Bay Trail connector trail. The County and City of Pinole are partnering on the project.
The Department of Conservation and Development (“DCD”) obtained Board approval in June 2025, that authorized the DCD director to accept the grant funds and take related actions to execute the grant requirements. However, as a condition for receiving grant funding, MTC is now requiring the County to adopt the template resolution and its attachments (Exhibit A) that indemnifies MTC. Generally, grant programs require the County to indemnify and defend the awarding entity from any liabilities that arise in connection with the use of grant funds. The risk to the County is low considering the grant funds are funding a study and not construction or some other physical activity with a higher risk. Thus, staff recommends the execution and submission of an allocation request for the MTC RM3 funds in the amount of $425,000, for the Study.
CONSEQUENCE OF NEGATIVE ACTION:
If the resolution is not adopted, the County would be unable to obtain MTC funding and conduct the Study.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF Contra Costa County requesting its funding allocation from the Metropolitan Transportation Commission Regional Measure 3 - Safe Routes to Transit and Bay Trail Program to conduct the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study,
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred to as Regional Measure 3, identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c); and
WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 3 funding; and
WHEREAS, allocation requests to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 3 Policies and Procedures (MTC Resolution No. 4404; and
WHEREAS, MTC is the sponsor of San Francisco Bay Trail / Safe Routes to Transit Program in the Regional Measure 3 Expenditure Plan; and
WHEREAS, the San Francisco Bay Trail / Safe Routes to Transit Program, along with the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study, is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and
WHEREAS, MTC desires to designate Contra Costa County as an entity that is eligible to request Regional Measure 3 funds for the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study project; and
WHEREAS, the Regional Measure 3 updated Initial Project Report (IPR) and allocation request, attached hereto and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which Contra Costa County is requesting that MTC allocate Regional Measure 3 funds
NOW, THEREFORE, BE IT RESOLVED that Contra Costa County accepts MTC’s designation as implementing agency for the project; and be it further
RESOLVED that Contra Costa County accepts MTC’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further
RESOLVED, that Contra Costa County and its agents shall comply with the provisions of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and be it further
RESOLVED, that Contra Costa County certifies that the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study is consistent with the Regional Transportation Plan (RTP); and be it further
RESOLVED, that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and be it further
RESOLVED, that the Regional Measure 3 phase or segment is fully funded, and results in an operable and useable segment; and be it further
RESOLVED, that Contra Costa County approves the allocation request and updated IPR, attached to this resolution; and be it further
RESOLVED, that Contra Costa County approves the cash flow plan, attached to this resolution; and be it further
RESOLVED, that Contra Costa County has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the allocation request and updated IPR, attached to this resolution; and be it further
RESOLVED, that Contra Costa County is authorized to submit an allocation request for Regional Measure 3 funds for the San Pablo Avenue Enhanced Bicycle and Pedestrian Gap Closure Study in accordance with California Streets and Highways Code 30914.7(a); and be it further
RESOLVED, that Contra Costa County certifies that the projects and purposes for which RM3 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and be it further
RESOLVED, that there is no legal impediment to Contra Costa County making allocation requests for Regional Measure 3 funds; and be it further
RESOLVED, that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of Contra Costa County to deliver such project; and be it further
RESOLVED, that Contra Costa County indemnifies and holds harmless MTC, BATA, and their Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of Contra Costa County, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM3 funds. Contra Costa County agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, BATA, and their Commissioners, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM3 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages, and be it further
RESOLVED, that Contra Costa County shall, if any revenues or profits from any non-governmental use of property (or project) that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC’s percentage participation in the projects(s); and be it further
RESOLVED, that assets purchased with RM3 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that MTC shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 3 funds were originally used; and be it further
RESOLVED, that Contra Costa County shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 3 Toll Revenues; and be it further
RESOLVED, that Contra Costa County authorizes its Department of Conservation and Development Director, or designee, to execute and submit an allocation request for the Construction phase with MTC for Regional Measure 3 funds in the amount of $425,000, for the project, purposes and amounts included in the allocation request attached to this resolution; and be it further
RESOLVED, that the Department of Conservation and Development Director, or designee, is hereby delegated the authority to make non-substantive changes or minor amendments to the allocation request or IPR as he/she deems appropriate; and be it further
RESOLVED, that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the Contra Costa County allocation request referenced herein.