Attachment 11 of 5
Resolution 2017 - June 20, 2017
RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
RESOLUTION OF LOCAL SUPPORT
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC,
COMMITTING ANY NECESSARY MATCHING FUNDS, AND STATING 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 $343,000 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 Program (TAP)/Active Transportation Program (ATP) funding, and Regional
Transportation Improvement Program (RTIP) funding (herein collectively referred to as
REGIONAL DISCRETIONARY FUNDING) for the TRAILHEAD CONNECTION FROM LOS GATOS
CREEK TRAIL TO HIGHWAY 9 (herein referred to as PROJECT) for the One Bay Area Grant Cycle II
(herein referred to as PROGRAM); and
WHEREAS, the Moving Ahead for Progress in the 21st 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(a)(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
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Resolution 2017 - June 20, 2017
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 as set 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
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.
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NOW, THEREFORE, BE IT 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 be it further
RESOLVED that APPLICANT will provide any required matching funds; and 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; and 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 Proje ct 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; and 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; and 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; and 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; and 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; and 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; and 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
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MTC’s funding agreement with the countywide transportation agency; and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY
FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL
DISCRETIONARY FUNDING for the PROJECT; and be it further
RESOLVED that there is no legal impediment to APPLICANT making applications for th e
funds; and 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;
and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City
Manager, or designee to execute and file an application with MTC for REGIONAL
DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction
with the filing of the application; and 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 20th day of June, 2017 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2017 - June 20, 2017
DATE: __________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________