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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE OF LOCAL SUPPORT AUTHORIZING THE
FILING OF AN APPLICATION FOR FUNDING ASSIGNED
TO METROPOLITAN TRANSPORTATION COMMISSION
(MTC) AND COMMITTING ANY NECESSARY MATCHING
FUNDS AND STATING ASSURANCE TO COMPLETE THE
PROJECT AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO NEGOTIATE AND EXECUTE GRANT
AGREEMENTS AND ALL DOCUMENTS NECESSARY TO
EFFECTUATE THE GRANT AGREEMENTS WITH MTC
AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND ADMINISTERED BY THE MTC,
IN AN AMOUNT NOT TO EXCEED $3,656,000 FOR THE
STORY-KEYES COMPLETE STREETS PROJECT
WHEREAS, the City of San José (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $3,656,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Department of Transportation (DOT) under their Regional Active Transportation Program (ATP) funding (herein referred to as REGIONAL DISCRETIONARY FUNDING) for the Story-Keyes Complete Streets Project (herein referred to as PROJECT); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant 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 (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various NVF:MDT:JMD
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, 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 Improvement 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:
the commitment of any required matching funds; and
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
that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy NVF:MDT:JMD
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
(MTC Resolution No. 3606, revised); and
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 that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all DOT-funded transportation projects to coordinate within the agency and with the MTC and the California Department of Transportation (CALTRANS) on all communications, inquires or issues that may arise during the federal programming and delivery process for all DOT-funded transportation and transit projects implemented by APPLICANT; and
that the PROJECT construction cost of $45,042,174 will be funded via a combination of OBAG3 grant funding in the amount of $32,730,000 (for which the City will prepare a separate request for Council consideration) , ATP funding in the amount of $3,656,000, and required local match; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 BY THE COUNCIL OF THE CITY OF SAN JOSE THAT the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT 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 NVF:MDT:JMD
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
contact for all DOT-funded transportation projects to coordinate within the agency and with MTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all DOT-funded transportation and transit projects 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 environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with 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 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
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City 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; and be it further
RESOLVED that the City Manager or designee is hereby authorized to negotiate and execute grant agreements and all documents necessary to effectuate the grant agreements with MTC and CALTRANS, and administered by MTC, in an amount not to exceed $3,656,000 for reimbursement for the Story-Keyes Complete Streets project. / / /
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Council Agenda: 04-25-2023
Item No.: 5.1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk