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Resolution 2019-12RESOLUTION NO.2019-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO REQUEST THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 19-20 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIANBICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et sec.., 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.4108, entitled "Transportation Development Act, Article 3, Pedestrian and Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "TDA Article 3" funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a 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 of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it 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 RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of the City of Gilroy; and furthermore, be it 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 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 RESOLUTION NO.2019-12 TDA Article 3 Model Resolution for Claimants Page 1 may be, of County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Adopted by the City Council of the City of Gilroy on May 20, 2019 by the following vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES, TOVAR, TUCKER, AND VELASCO NOES: COUNCILMEMEBERS: ABSENT: COUNCILMEMENERS: A)Z,'nnb2zeetta, . J Deputy City Clerk APP 6 0: r\ Roland Velasco, Mayor RESOLUTION NO.2019-12 TDA Article 3 Model Resolution for Claimants Page 2 Resolution No. 2019-12 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 19-20 Transportation Development Act Article 3 Pedestrian/Bicvcle Project Fundina Findings Page 1 of 1 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 projec ) described in "Attachment B" of this resolution. 2. That the City of Gilroy has committed adequate staffing resources to complete t roject(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 is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a 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 will be completed before the funds expire. 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. I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-12 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 20fl' day of May, 2019, 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)qilroy this 22`�day of May, 2019. Deputy City Clerk of the City of Gilroy (Seal)