HomeMy WebLinkAboutCC Resolution 14340 (Grand Avenue Pedestrian Bridge & MUP MTC Funding)RESOLUTION NO. 14340
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESCINDING
RESOLUTION NO. 14282 AND AUTHORIZING, IN CONNECTION WITH THE FRANCISCO
BOULEVARD EAST SIDEWALK WIDENING AND GRAND AVENUE PEDESTRIAN
BRIDGE, THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO THE
METROPOLITAN TRANSPORTATION COMMISSION AND COMMITTING ANY NECESSARY
MATCHING FUNDS AND STATING ITS ASSURANCE TO COMPLETE THE PROJECT.
WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 14282,
"Resolution of the City Council of the City of San Rafael Authorizing, in Connection with the
Francisco Boulevard East Sidewalk Widening and Francisco Blvd. West Multi -Use Pathway, the
Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission
and Committing any Necessary Matching Funds and Stating its Assurance to Complete the
Project"; and
WHEREAS, the City Council now intends to use Metropolitan Transportation Comission
(MTC) -approved federal funds for the Grand Avenue Pedestrian Bridge project rather than for
the Francisco Blvd. West Multi -Use Pathway project referenced in Resolution No. 14282; and
therefore wishes to amend and readopt all the findings and resolutions originally made in
Resolution No. 14282; and
WHEREAS, the findings and resolutions of Resolution No. 14282 are set forth in their
amended form in all of the next succeeding paragraphs; and
WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $2,100,000, $4,025,000
and $1,000,000 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 Block Grant Program (STP) funding, Congestion Mitigation and Air Quality
Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active
Transportation Program (ATP) funding, and Regional Transportation Improvement Program
(RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the
Francisco Boulevard East Sidewalk Improvement Project ($2,000,000 in OBAG funds and
$4,025,000 in Regional ATP funds) and the Grand Avenue Pedestrian Bridge Project ($1,000,000
in OBAG funds) (herein referred to as PROJECT) from the One Bay Area Grant Program and
Regional Active Transportation Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation
to provide funding for various transportation needs and programs, (collectively, the FEDERAL
TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant
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 (TA) set-aside (23 U.S.C.
§ 133); 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 the FEDERAL TRANSPORTATION ACT, 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 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.
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
the FEDERAL TRANSPORTATION ACT 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 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; 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
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 the
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.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the Sth day of June 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk