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Resolution 2010-17 RESOLUTION NO. 2010-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO REQUEST OF THE METROPOLITAN TRANPORTATION COMMISSION AN ALLOCATION OF FISCAL YEAR 2010/2011 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIANIBICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefIt and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled "Transportation Development Act, Article 3, PedestrianlBicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "TDA Article 3" funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation ofTDA Article 3 funding be submitted as part ofa single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Gilroy desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefIt and/or use of pedestrians and/or bicyclists. NOW THEREFORE, BE IT RESOLVED, that the City of Gilroy declares it is eligible to request an allocation ofTDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Gilroy to carry out the project; and furthermore, be it FURTHER RESOLVED, that the City of Gilroy attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it FURTHER RESOLVED, that a certifIed copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. PASSED AND ADOPTED by the City Council of the Gilroy this 17th day of May,_201 0, by the following vote: TDA Article 3 Claim Applications Appendix A Page I AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Al Pinheiro, Mayor ATTEST: RESOLUTION NO. 2010-17 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 2 ATTACHMENT A FINDINGS 1. That the City of Gilroy is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Gilroy legally impeded from undertaking the project(s) described in "Attachment B" of this resolution. 2. That the City of Gilroy has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project( s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Gilroy within the prior fIve fIscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.). 9. That any project described in Attachment B that is a "Class I Bikeway," meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B are ready to commence implementation during the fIscal year of the requested allocation. 11. That the City of Gilroy agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefIt of and use by the public. RESOLUTION NO. 2010-17 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 3 Attachment B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2010/2011 Applicant: City of Gilroy Contact person: Don Dey, Transportation Enaineer Mailina Address: 7351 Rosanna Street. Gilroy, CA 95020 E-Mail Address: don.deycw.cLailroy.ca.us Telephone: (408) 846-0451 Secondary Contact (in event primary not available) Rick Smelser E-Mail Address: rick.smelsercw.cLailroy.ca.us Telephone: (408) 846-0451 Short Title Description of Proiect: Citywide Handicap Ramp Installation Amount of claim: $ 101.738 Functional Description of Project: Installation of new handicaD ramDS at various locations throughout the City of Gilrov Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction, inspection, contingency, audit). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the project is a segment of a larger project, include prior and proposed funding sources for the other segments. Proiect Elements: Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $101,738 $101,738 list all other sources: 1. 2. 3. 4. Totals $101,738 $101,738 Project Eligibility: YES?/NO? A. Has the project been approved by the c1aimanrs governing body? (If "NO," provide the approximate date approval is NO, anticipated). anticipated May,2010 B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California N/A Highway Design Manual? (Available on the internet via: http://www.dot.ca.qov). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEOA) been NO, evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that anticipated include construction). May 2010 F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) e.g. Grant awarded July 2010, Under construction by July 2011. Completed by July 2014 G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such City of Gilroy maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: to maintain ) facilities 1 MTC Programming and Allocations Section April 2005 TDA Article 3 Model Resolution Page 4 RESOLUTION NO. 2010-17 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-17 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 17TH day of May, 2010, 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 19th day of May, 2010. r, Sha a Freels, CMC City Clerk of the City of Gilroy (Seal)