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Resolution 2007-83 """-'. ,"",.,;I RESOLUTION NO. 2007-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, City of Gilroy (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $515,000 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the Lewis Street/Railroad Street Streetscape Project (herein referred as PROJECT) for the MTC Housing Incentive Program (HIP) and the MTC PROGRAM RESOLUTION NUMBER 3723 (herein referred as PROGRAM); and WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10,2005) continues the Surface Transportation Program (23 U.S.c. ~ 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. ~ 149); and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project 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 Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of STP/CMAQ funds; and WHEREAS, the APPLICANT is an eligible project sponsor for STP/CMAQ funds; and - 1 - RESOLUTION NO. 2007-83 ~ "'c>o#' WHEREAS, as part ofthe application for STP/CMAQ 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/CMAQ funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional STP/CMAQ 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 ofthe 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 MTC Housing Incentive Program (HIP). NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Administrator to execute and file an application for funding under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA for Lewis Street/Railroad Street Streetscape Project; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide ($ 66,724) in non-federal matching funds; and 2. APPLICANT understands that the STP/CMAQ 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/CMAQ funding; and 3. 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); and 4. 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; and 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC Housing Incentive Program (HIP); and therefore be it further RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for STP/CMAQ funds 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 - 2 - RESOLUTION NO. 2007-83 "'""v/ 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 STP/CMAQ 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 to include the PROJECT, if approved, in MTC's TIP. PASSED AND ADOPTED this 5th day of November, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, GARTMAN, VALIQUETTE and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CORREA, PINHEIRO APPROVED: Peter Arelland, Mayor Pro Tempor - 3 - RESOLUTION NO. 2007-83 """,,,# " A'#' I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-83 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of November, 2007, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of November, 2007. 1 ~/ ,./ Ii ." //,/ /', '(!' '\ (' Shawna;Freels, CM City Cldrk of the City of Gilroy (Seal)