Resolution 2013-35Resolution of Local Support
MTC Discretionary Funding
RESOLUTION NO. 2013-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE CITY ADMINISTRATOR
TO SUBMIT GRANT APPLICATIONS TO THE
METROPOLITAN TRANSPORTATION COMMISSION
FOR THE ONE BAY AREA GRANT PROGRAM AND THE
VEHICLE EMMISSIONS REDUCTION BASED AT
SCHOOLS PROGRAM, TO COMMIT THE CITY TO
PROVIDE THE REQUIRED LOCAL MATCH, TO MAKE
THE NECESSARY ASSURANCES THAT EACH OF THE
PROJECTS WILL COMPLY WITH MTC AND GRANT
PROGRAM REQUIREMENTS, TO ACCEPT GRANT
FUNDING FROM THE MTC, AND TO NEGOTIATE AND
EXECUTE ANY DOCUMENTS NECESSARY FOR SUCH
ACCEPTANCE
Authorizing the filing of an application for funding assigned to MTC and
committing any necessary matching funds and stating the assurance to complete the project
WHEREAS, the City of Gilroy (herein referred to as APPLICANT) is submitting an application
to the Metropolitan Transportation Commission (MTC) for $1,842,000 in funding assigned MTC for
programming discretion, including by not limited to federal funding administered by the Federal
Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion
Mitigation and Air Quality Improvement (CMAQ) funding and /or Transportation Alternatives (TA)
funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Gilroy
Pavement Maintenance Program, Gilroy Trails Master Plan, Gilroy Safe Routes to School Program,
Ronan Channel /Lions Creek Bicycle Trail, and Eigleberry Resurfacing (herein referred to as PROJECT)
for the One Bay Area Grant and Vehicle Emissions Reduction Based at Schools Grant programs (herein
referred to as PROGRAM); and
WHEREAS, the Moving Ahead for Progress in the 21St 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
RESOLUTION NO. 2013-35
WHEREAS, state statutes, including California Streets and Highways Code 182.6 and 182.7
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 MAP -21, and any regulations promulgated thereunder, eligible project
sponsors wishing to receive federal funds for a project shall submit an application first with the
appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP);
and
and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region;
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 federal funds; 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 matching funds of at least 11.47 %; 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, and if
approved, as included in MTC's federal Transportation Improvement Program (TIP); and
5. that the project will comply with all project - specific requirements as set forth in the
PROGRAM; and
6. that the project (transit only) will comply with MTC Resolution No. 3866, revised, which
sets forth the requirements of MTC's Transit Coordination Implementation Plan to more
efficiently deliver transit projects in the region.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and
RESOLUTION NO. 2013-35
file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under
MAP -21 for continued funding; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT will provide $240,000 in matching funds; and
2. 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
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, revised) and APPLICANT has, and will retain the expertise,
knowledge and resources necessary to deliver federally - funded transportation projects, and
has assigned, and will maintain a single point of contact for all FHWA - funded transportation
projects to coordinate within the agency and with the respective Congestion Management
Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that
may arise during the federal programming and delivery process for all FHWA - funded
transportation projects implemented by APPLICANT; and
4. PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount approved by MTC and programmed in the federal
TIP; and
5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC
programming guidelines and project selection procedures for the PROGRAM; and
6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC's
Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised; and
therefore 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
RESOLUTION NO. 2013-35
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 to include the PROJECT, if approved, in MTC's federal TIP.
PASSED AND ADOPTED on this 5t' day of August, 2013 by the following vote:
AYES: ARELLANO, AULMAN, LEROE- MUNOZ, WOODWARD and GAGE
NOES: BRACCO, TUCKER
ABSENT: NONE
APPROVED:
ocow 1.
Donald Gage, Mayor
RESOLUTION NO. 2013-35
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -35 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 August, 2013, 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 7th day of August, 2013.
i1a Freels, MMC -
Clerk of the City of Gilroy
(Seal)