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05 Staff Report - Right of Way Certification for State and Federal Funded Projects~pW N OF ~0s c A~o~ DATE: TO: FROM: SUBJECT: MEETING DATE: 5/4/09 ITEM NO. COUNCIL AGENDA REPORT APRIL 9, 2009 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGE RIGHT OF WAY CERTIFICATION FOR STATE AND FEDERAL FUNDED PROJECTS ADOPT RESOLUTION AUTHORIZING THE PARKS AND PUBLIC WORKS DIRECTOR AND TOWN ENGINEER TO SIGN RIGHT OF WAY CERTIFICATIONS IN CONNECTION WITH STATE AND FEDERALLY FUNDED PROJECTS RECOMMENDATION: Adopt Resolution authorizing the Parks and Public Works Director and.Town Engineer to sign Right of Way Certifications in connection with State and Federally funded projects BACKGROUND: The Town of Los Gatos has applied and is qualified to receive State and Federal funds for various Public Works infrastructure projects. DISCUSSION: In order to obtain State and Federal assistance in connection with State and Federal funded projects, and for the State Department of Transportation to approve projects for advertising, it is necessary the Town of Los Gatos certify to the State Department of Transportation that right of way for the proper execution of the project has been or will be acquired. CONCLUSION: It is recommended that Town Council adopt a resolution authorizing the Parks and Public Works Director and Town Engineer to execute Right of Way Certifications. PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by:-.V S Assistant Town Manager HI/TownAttomey Clerk Administrator Finance Community evelopment N:1PPWIMANAGEMENnCOUNCILICOUNCIL. REPORT=009 reportsWay 41Caltrans RW ccrt.doc PAGE 2 APRIL 9, 2009 MAYOR AND TOWN COUNCIL SUBJECT: RIGHT OF WAY CERTIFICATIONS FOR STATE AND FEDERAL FUNDED PROJECTS ENVIRONMENTAL ASSESSMENTS: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is no fiscal impact associated with this report. Attachments: Resolution authorizing the Parks and Public Works Director and Town Engineer to sign Right of Way Certifications in connection with State and Federally funded projects Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING PARKS AND PUBLIC WORKS DIRECTOR AND TOWN ENGINEER TO EXECUTE RIGHT OF WAY CERTIFICATIONS WHEREAS, in order to obtain Federal and State assistance in connection with State and Federal funded projects, and for the State Department of Transportation to approve the projects for advertising, it is necessary that the Town of Los Gatos certify to the State Department of Transportation that the Right of Way necessary for the proper execution of the project will be or has been acquired; and WHEREAS, the State of California Department of Transportation, as provided in the Local Program manual Volume I, will now accept Right of way Certifications signed by designated Public Works staff, if the Council of the Town has resolution authorized such staff to sign said certifications; and RESOLVED by the Town Council of the Town of Los Gatos that the Parks and Public Works Director and Town Engineer are each authorized to execute on behalf of the Town of Los Gatos, all Right of Way Certifications required for State and federal funded projects BE IT FURTHER RESOLVED the Town Council of the Town of Los Gatos hereby directs a copy of this resolution be forwarded to the appropriate office of State of California Department of Transportation. BE IT FURTHER RESOLVED by the Town Council of the Town of Los Gatos that all previous Right of way certifications executed by the Parks and Public Works Director and Town Engineer are hereby retroactively approved in accordance with California Department of Transportation procedures. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 41h day of May, 2009 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA