HomeMy WebLinkAboutCC Resolution 12939 (NTPP Puerto Suello Path Allocation)RESOLUTION NO. 12939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT AN INITIAL
PROJECT REPORT AND TO REQUEST ALLOCATION OF $600,000 FROM THE
METROPOLITAN TRANSPORTATION COMMISSION FOR THE CONSTRUCTION
OF THE PUERTO SUELLO HILL TO SAN RAFAEL TRANSIT CENTER
CONNECTOR PROJECT
Whereas, SB 916 (Chapter 715, Statutes 2004), commonly referred to as Regional
Measure 2, identified projects eligible to receive funding under the Regional Traffic Relief Plan;
and
Whereas, the Metropolitan Transportation Commission (MTC) is responsible for funding
projects eligible for Regional Measure 2 funds, pursuant to Streets and Highways Code Section
30914(c) and (d); and
Whereas, MTC has established a process whereby eligible transportation project
sponsors may submit allocation requests for Regional Measure 2 funding; and
Whereas, allocations to MTC must be submitted consistent with procedures and
conditions as outlined in Regional Measure 2 Policy and Procedures; and
Whereas, the Puerto Suello Hill to San Rafael Transit Center Connector Project is
eligible for consideration in the Regional Traffic Relief Plan of Regional Measure 2, as identified
in California Streets and Highways Code Section 30914(c) or (d); and
Whereas, the City of San Rafael has received $600,000 in funding from the federal
government under the Non -Motorized Transportation Pilot Program (NTPP) for the design of the
Project; and
Whereas, the City of San Rafael will obtain an encroachment permit from the California
Department of Transportation, who owns the right-of-way for the Project, to permit construction
by the City of San Rafael of the Project improvements if funding for such improvements is
provided by the MTC; and
Whereas, the City of San Rafael's Regional Measure 2 allocation request, contained in
the Initial Project Report on file with the Public Works Department, lists the Project, purpose,
schedule, budget, expenditure and cash flow plan for which the City of San Rafael is requesting
that MTC allocate Regional Measure 2 funds; and
Whereas, the City Council certifies:
1. That City staff have determined that the City's proposed Regional Measure 2 Project
is consistent with the Regional Transportation Plan (RTP); and
2. That the City's proposed Regional Measure 2 Project, upon receipt of the requested
allocation from MTC, will be fully funded and will result upon completion in an
operable and useable Multi -Use bicycle and pedestrian pathway; and
3. That City staff have reviewed the Project needs and has determined that the City has
adequate staffing resources to complete the Project within the schedule set forth in the
aforementioned Initial Project Report; and
4. That the City of San Rafael is an eligible sponsor of projects in the Regional Measure
2 Regional Traffic Relief Plan, Capital Program, in accordance with California
Streets and Highways Code 30914(c); and
5. That the City of San Rafael is authorized to submit an application for Regional
Measure 2 funds for the Puerto Suello Hill to San Rafael Transit Center Connector
Project in accordance with California Streets and Highways Code 30914(c); and
6. That prior to the City of San Rafael's acceptance of an allocation from MTC for
construction of the Project, the City will confirm to MTC that the required
environmental clearance documentation for the Project has been approved in
accordance with the requirements of the California Environmental Quality Act
(Public Resources Code Section 21000 et M.), the California Environmental Quality
Act Guidelines (14 California Code of Regulations Section 15000 et SeMc .), and to the
extent applicable the National Environmental Policy Act (NEPA), 42 USC Section 4-
1 et. seq., and the applicable regulations thereunder;
7. That the funding period for design, right-of-way and/or construction phases will have
taken into consideration the time necessary to obtain environmental clearance and
permitting approval for the project, and
8. That there is no known legal impediment to the City of San Rafael making allocation
requests for Regional Measure 2 funds; and
9. That there is no pending or threatened litigation which might in any way adversely
affect the proposed project, or the ability of the City of San Rafael to deliver such
project.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL:
1. That the City of San Rafael, and its agents shall comply with the provisions of the
Metropolitan Transportation Commission's Regional Measure 2 Policy Guidance
(MTC Resolution No. 3636) in processing the allocation request and in construction
of the Project with funds provided; and
2. That the City Council approves the Initial Project Report; and
3. That the City Council approves the cash flow plan included in the Initial Project
Report, and
4. That the City of San Rafael shall indemnify and hold harmless MTC, its
Commissioners, representatives, agents, and employees from and against all claims,
injury, suits, demands, liability, losses, damages, and expenses, whether direct or
indirect (including any and all costs and expenses in connection therewith), incurred
by reason of any act or failure to act of the City of San Rafael, its officers, employees
or agents, or subcontractors or any of them in connection with its performance of
services under this allocation of RM2 funds. In addition to any other remedy
authorized by law, so much of the funding due under this allocation of RM2 funds as
shall reasonably be considered necessary by MTC may be retained until disposition
has been made of any claim for damages; and
5. That the Public Works Director, or his designee, is authorized to execute and submit
an allocation request to MTC for Regional Measure 2 funds in the amount of
$600,000 for the Puerto Suello Hill to Transit Center Connector Project, as described
in the aforementioned Initial Project Report; and
6. That the Public Works Director, or his designee, is hereby delegated the authority to
make non -substantive or minor amendments to the Initial Project Report that are
deemed necessary; and
7. That if the MTC funds construction of the Project, the Public Works Director is
directed to post, during construction of the Project, one sign on each end of the
Project, visible to the public, stating that the Project is funded with Regional Measure
2 Toll Revenues; and
8. That the Public Works Director is directed to transmit a copy of this resolution to
MTC in conjunction with the filing of the City of San Rafael application referenced
herein.
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
City Council of said City held on Monday, the 5`h day of April, 2010 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk