2010-067-Federal Surface Transportation (STP) Program FundingRESOLUTION 2010-067
RESOLUTION OF LOCAL SUPPORT
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTI~ORIZING THE FILING OF AN APPLICATION
FOR FEDERAL SURFACE TRANSPORTATION FUNDING
FOR THE UNIVERSITY AVENUE RESURFACING PROJECT AND COMMITTING
THE NECESSARY NON-FEDERAL MATCH
AND STATING THE ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, Town of Los Gatos (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for STP FUNDING $500,000 in
funding from the federal Surface Transportation Program (STP) program for the University Avenue
Resurfacing Project (herein referred to as PROJECT) for the MTC Resolution, No. 3925, New
Federal Surface Transportation Act (FY 2009-10, FY 2010-11 and FY 2011-12 Cycle 1 STP/CMAQ
Program: Project Selection Criteria, Policy, Procedures and Pro~rammin~ (herein referred to as
PROGRAM); and
WHEREAS, the .Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continued the Surface Transportation
Program (23.U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program
(CMAQ) (23 U.S.C. § 149) through September 30, 2009; and
WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be
subsequently extended pending enactment of successor legislation for continued funding; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible
project sponsors wishing to receive federal Surface Transportation Program Program (STP) funds for
a protect shall submit an application first with the .appropriate Metropolitan Planning Organization
(MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine
counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Proj ect Funding Delivery Policy (MTC Resolution
No. 3606, revised) that sets out procedures governing the application and use of STP funds; and
WHEREAS, APPLICANT is an eligible project sponsor for STP funds; and
WHEREAS, as part of the application for STP funding, MTC requires a resolution adopted by
the responsible implementing agency stating the following:
1) the commitment of necessary local matching funds of at least 11.47%; and
2) that the sponsor understands that the STP funding is fixed at theprogrammed amount, and
therefore any cost increase cannot be expected to be funded with additional STP funds;
and
3) that the project will comply with the procedures specified in Regional Project Funding
Delivery Policy (MTC Resolution No. 3606, revised); and
4) the assurance of the sponsor to complete the project as described in the application, and if
approved, as included in MTC's TIP; and
5) that the project will comply with all the project-specific requirements as set forth in the
PROGRAM.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to executive
and file an application for funding for the PROJECT under the Surface Transportation Program
(STP) of SAFETEA, any extensions of SAFETEA or any successor legislation for continued
funding.
BE IT FURTHER RESOLVED that the APPLICANT, by adopting this resolution does
hereby state that:
1) APPLICANT will provide ($124,780) in non-federal matching funds
2) APPLICANT understands that the STP 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 STP funding
3) APPLICANT understand that $500,000 (STP amount) is greater than APPLICANT'S
Regional Local Streets & Roads formula share of Local Streets & Roads programming and
that APPLICANT will forgo future programming shares until the amount of the overage
$213,000 (augmentation amount) is reached
4) 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, as revised)
5) PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount programmed in the MTC federal TIP
6) APPLICANT-and the. PROJECT will comply with the requirements as set forth in the
program
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of STP funded
projects.
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for
STP funds 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 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 to include the PROJECT, if approved, in MTC's TIP.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 7t" day of June, 2010 by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara .Spector, Mike Wasserman, Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
p/fib l~a~t~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA