2014-057 - Authorize Filing of Regional Active Transportation Grant for Hwy 9/LG Creek TrailRESOLUTION 2014 -057
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE FILING OF THE REGIONAL ACTIVE TRANSPORATION
GRANT APPLICATION FOR THE HIGHWAY 9 -LOS GATOS CREEK TRAIL
CONNECTION
WHEREAS, the Town of Los Gatos (herein referred to as APPLICANT) is submitting
an application to the Metropolitan Transportation Commission (MTC) for 5714,000 in funding
assigned to MTC for programming discretion, which includes federal funding administered by
the Federal Highway Administration (FHWA) and federal or state funding administered by the
California Transportation Commission (CTC) such as Surface Transportation Program (STP)
funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding, Transportation
Alternatives (TA) /Active Transportation Program (ATP) funding, and Regional Transportation
Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL
DISCRETIONARY FUNDING) for the Highway 9 Pathway Connection to Los Gatos Creek
Trail (herein referred to as PROJECT) for the Regional Active Transportation Program (herein
referred to as PROGRAM); and
WHEREAS, the Town of Los Gatos is committed to building this PROJECT, and
approved $500,000 in Capital Improvement Program (CIP) funds in the Town's FY 2014/15 —
FY 2018/19 CIP Budget for this PROJECT.
WHEREAS, the Moving Ahead for Progress in the 21" Century Act (Public Law 112-
141, July 6, 2012) and any extensions or successor legislation for continued funding
(collectively, MAP 21) authorize various federal funding programs including, but not limited to
the Surface Transportation Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air
Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives
Program (TA) (23 U.S.C. § 213); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6,
§182.7, and §2381(x)(1), and California Government Code §14527, provide various funding
programs for the programming discretion of the Metropolitan Planning Organization (MPO) and
the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to MAP -21, and any regulations promulgated thereunder, eligible
project sponsors wishing to receive federal or state funds for a regionally - significant project shall
submit an application first with the appropriate MPO, or RTPA, as applicable, for review and
inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay
region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised) that sets out procedures governing the application and use of
REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY
FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING,
MTC requires a resolution adopted by the responsible implementing agency stating the
following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is
fixed at the programmed amount, and therefore any cost increase cannot be expected
to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding
deadlines specified in the Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the
application, subject to environmental clearance, and if approved, as included in
MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and
• that the PROJECT will comply with all project- specific requirements asset forth in
the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all
FHWA- and CTC- funded transportation projects to coordinate within the agency and
with the respective Congestion Management Agency (CMA), MTC, Caltrans.
FHWA, and CTC on all communications, inquires or issues that may arise during the
federal programming and delivery process for all FHWA- and CTC - funded
transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No.
3866, revised, which sets forth the requirements of MTC's Transit Coordination
Implementation Plan to more efficiently deliver transit projects in the region; and
• in the case of a highway project, the PROJECT will comply with MTC Resolution
No. 4104, which sets forth MTC's Traffic Operations System (TOS) Policy to install
and activate TOS elements on new major freeway projects; and
• in the case of an RTIP project, state law requires PROJECT be included in a local
congestion management plan, or be consistent with the capital improvement program
adopted pursuant to MTC's funding agreement with the countywide transportation
agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL
DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the
funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely
affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or
designee to execute and file an application with MTC for REGIONAL DISCRETIONARY
FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in
conjunction with the filing of the application.
RESOLVED that the APPLICANT is authorized to execute and file an application for
funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP -21 or
continued funding; and
funds.
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed
amount, and that any cost increases must be funded by the APPLICANT from other funds, and
that APPLICANT does not expect any cost increases to be funded with additional REGIONAL
DISCRETIONARY FUNDING.
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines
associated with these funds and will comply with the provisions and requirements of the
Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and
APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver
federally- funded transportation and transit projects, and has assigned, and will maintain a single
point of contact for all FHWA- and CTC- funded transportation projects to coordinate within the
agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans.
FHWA, and CTC on all communications, inquires or issues that may arise during the federal
programming and delivery process for all FHWA- and CTC - funded transportation and transit
projects implemented by APPLICANT.
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the
complete application and in this resolution, subject to environmental clearance, and, if approved,
for the amount approved by MTC and programmed in the federal TIP.
BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has
adequate staffing resources to deliver and complete the PROJECT within the schedule submitted
with the project application.
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as
set forth in MTC programming guidelines and project selection procedures for the PROGRAM.
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT
agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as
set forth in MTC Resolution No. 3866, revised; .
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT
agrees to comply with the requirements of MTC's Traffic Operations System (TOS) Policy as set
forth in MTC Resolution No. 4104.
BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is
included in a local congestion management plan, or is consistent with the capital improvement
program adopted pursuant to MTC's funding agreement with the countywide transportation
agency.
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of
REGIONAL DISCRETIONARY FUNDING funded projects.
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an
application for REGIONAL DISCRETIONARY FUNDING for the PROJECT.
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT
making applications for the funds.
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that
might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to
deliver such PROJECT.
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director,
General Manager, or designee to execute and file an application with MTC for REGIONAL
DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution.
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application.
BE IT FURTHER RESOLVED that the MTC is requested to support the application
for the PROJECT described in the resolution, and if approved, to include the PROJECT in
MTC's federal TIP upon submittal by the project sponsor for TIP programming.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 19th day of August, 2014, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
LOS GATOS, CALIFORNIA
CI..ERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA