HomeMy WebLinkAboutCC Resolution 13764 (MTC)RESOLUTION NO. 13764
A RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF THREE
APPLICATIONS FOR FUNDING ASSIGNED TO THE METROPOLITAN TRANSPORTATION
COMMISSION (MTC) COMMITTING ANY NECESSARY MATCHING FUNDS AND
STATING THE ASSURANCE TO COMPLETE THE PROJECTS
WHEREAS, The City of San Rafael (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $3,773,000 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 (TA)/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 Improvements Project', the `Grand Avenue Pathway Connector Project' and the `Davidson Middle
School Pedestrian Gap Safety Project' (herein collectively referred to as PROJECT) for the Active
Transportation Program (herein referred to as PROGRAM); and
WHEREAS, the Moving Ahead for Progress in the 21" 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 Govermnent Code §14527, provide various funding programs for the
programming discretion of the Metropolitan Planning Organization (MPO) and the Regional
Transportation Planning Agency (RTPA); and
V HEREAS, 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 hmprovement 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:
1. the commitment of any required snatching funds; and
2. 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
3. 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
4. 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
5. that the PROJECT will have adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and
6. that the PROJECT will comply with all project -specific requirements as set forth in the
PROGRAM; and
7, 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
8. in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866,
revised, which sets forth the requirements of NITC's Transit Coordination Implementation
Plan to more efficiently deliver transit projects in the region; and
9. in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104,
which sets forth M'TC's Traffic Operations System (TOS) Policy to install and activate TOS
elements on new major freeway projects; and
10. in the case of an RTIP project, state law requires PROJECT be included in a local congestion
management plan, or be consistent �Oth the capital improvement program adopted pursuant to
MTC's funding agreement with the countywide transportation agency, and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL
DISCRETIONARY FUNDING for the PROJECT: and
NVHEREAS, 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
NIAP-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 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, inquiries or issues that may
arise during the federal programming and delivery- process for all FHWA- and CTC -funded transportation
and transitprojects 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 envirorrrnental clearance, and, if approved, for the
amount approved by itiITC and programmed in the federal TIP; and
BE IT FURTHER RESOLVED that APPLICAN—T has reviewed the PROJECT and has
adequate staffing resources to deliver and complete the PROJECT within the schedule submitted titiith 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 w ith 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, 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, City 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
held on the 7"' day of July, 2014, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Bushey, Connolly, McCullough & 'Mayor Phillips
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Colin
ESTHER C. BEIR_NE, City Clerk
File No.: 01.25.06