1 cc17_101

STAFF REPORT MEETING DATE: May 23, 2017 TO: City Council FROM: Christopher Blunk, Deputy Director of Public Works PRESENTER: Christopher Blunk, Deputy Director of Public Works SUBJECT: DECIDE WHETHER TO: (1) EXCHANGE FEDERALIZED ONE BAY

AREA GRANT-II (OBAG2) FUNDING WITH LOCAL FUNDS FOR

DOWNTOWN SONOMA-MARIN AREA RAIL TRANSIT (SMART)

STATION PHASE II; (2) ADOPT SUPPORTING RESOLUTIONS ; AND

(3) ALLOCATE ADDITIONAL FUNDS OR DIRECT STAFF TO SEEK

ADDITIONAL GRANT FUNDING

REQUEST

Consider: 1) Exchanging federal OBAG2 Grant funds previously awarded for the Downtown SMART

Station Phase II project with an eligible recipient local roadway rehabilitation project: a. Adopt a resolution to exchange $1,448,000 local roadway funds with the equivalent

amount of federal OBAG2 Grant funds previously awarded for the Downtown SMART Station Phase II project.

b. Commit the grant-required $190,000 minimum local matching funds. c. Direct staff to amend Capital Improvement Plan programming for fiscal year 17/18

and 18/19 roadway rehabilitation projects to accept the exchanged OBAG2 Grant funds and contribute an additional $122,000 Infrastructure- Long Term Maintenance funds to the Downtown SMART Station Phase II project.

2) Adopting a standard Metropolitan Transportation Commission (MTC) resolution of support in order to program a local roadway rehabilitation project as the eligible recipient of the OBAG2 Grant in order to secure the grant funding.

3) Addressing additional funding of $1,305,000 to fully fund the Downtown SMART Station Phase II project by either:

a. Allocating $1,300,000 of additional local funds to fully fund the Downtown SMART Station Phase II project; -OR-

b. Holding the OBAG2 Grant funding for up to 6 months while staff seek additional grant funding

922 Machin Avenue Novato, CA 94945

415/899-8900 FAX 415/899-8213

www.novato.org

1

2

DISCUSSION

Novato city staff brought a recommendation to City Council on May 9, 2017 to adopt a resolution for a grant funding exchange, allocation of $1,305,000 of additional city funds, and to adopt a standard resolution of support in order to fully fund the Downtown Novato SMART Station Phase II (project.) The project will convert the existing downtown platform and siding rails into an operational station for passengers to board and alight the SMART train for an estimated cost of $3,100,000. A $1,448,000 “One Bay Area Grant II” (OBAG2) grant was awarded in July of 2016 to the city to design and construct an operational Downtown SMART Station. Following a split vote by the Council, staff was directed to return with alternative funding options. After discussions with SMART and the Transportation Authority of Marin (TAM)—the agency responsible for programming funding for all transportation programs in Marin County in conjunction with MTC—staff have determined that the city has the following options:

Option #1: Commit the $1,305,000 of additional City funds and adopt the resolutions to exchange the OBAG2 grant and fully fund the Downtown SMART station as originally recommended on May 9. Option #2: Adopt the resolutions to exchange the OBAG2 grant and hold the grant funding for 3-6 months while staff seek additional grant/or other funding. Option#3: Release the $1,448,000 OBAG2 Grant back to MTC and do not continue construction of the Downtown SMART station at this time.

BACKGROUND

Novato City Council approved funding for the Downtown SMART Station Phase I in 2015 and directed staff to find other funding sources to deliver future Phases II and III. Following City Council prioritization of grant application options on April 26, 2016, staff submitted grant applications for future project funding with the Downtown SMART Station Phase II project as Council’s top priority. MTC awarded an OBAG2 Grant to the City of Novato on July 27, 2016 in the amount of $1,448,000 for use on the Downtown SMART Station Phase II project with a minimum $190,000 local funds match requirement. The estimated total cost of the project is $3,100,000.

The first phase of the Downtown SMART Station project installed the passenger platform, siding rails, and other station infrastructure that would otherwise be in conflict with future SMART revenue service. Phase I was not designed or constructed to be an operational train station. Phase I work is complete and SMART expects to begin revenue service in mid-2017. Phase II would add the rail switches, platform amenities, electrical components, railings, and other improvements to deliver an operational station for Downtown Novato. Phase III includes development of yet to be determined site improvements on the City owned lot adjacent to the station.

2

3

The OBAG2 Downtown SMART Station Phase II Grant is comprised of federal Surface Transportation Program (STP) and Congestion Mitigation and Air Quality (CMAQ) funds programmed for fiscal year 2017/18 and available October 1, 2017. All federal funding requires National Environmental Protection Act (NEPA) documentation of projects that the money is used toward. California Environmental Quality Act (CEQA) documentation was prepared for the Downtown SMART Station project, but NEPA documentation was not. Therefore the project cannot accept any federal funds. To resolve this issue, a funds exchange proposal was approved by the Transportation Authority of Marin (TAM) Board on July 28, 2016 to allow the City of Novato to identify an eligible transportation project to receive the $1,448,000 STP and CMAQ funds while allocating the same amount in local funds to the Downtown SMART Station Phase II project. The eligible project will be subject to both NEPA and CEQA documentation and needs to be submitted to TAM for programming into the Federal Transportation Improvement Program (FTIP) by June 1, 2017 as a part of the grant requirements. The Downtown SMART Station Phase II CIP Project was proposed to Council during the April 18, 2017 Capital Improvement Program (CIP) Budget Workshop as a part of the 2017/18 Fiscal Year budget process. By adopting these resolutions and approving this request, the City will exchange the federal funds, commit full funding to the Downtown SMART Station Phase II project, and program the eligible local recipient project into the FTIP to secure the OBAG2 Grant funding. The funds exchange is proposed as follows: Local TAM Measure A, TAM Measure B, and Novato Infrastructure Long-Term Maintenance funds currently programmed to 2017 and 2018 annual roadway rehabilitation projects will be moved to the Downtown SMART Station Phase II project. The federal OBAG2 Grant funds awarded for the Downtown SMART Station will move to the 2018 roadway rehabilitation project (Nave Dr.). The proposed funds exchange is illustrated in the following table:

Downtown SMART - Contributing Projects

Project Fund Sources

Total Project Funding

Proposed to Downtown SMART

TAM Measure A Group 9 (17-001) 2017 Pavement Rehabilitation Project

FY16/17 TAM Meas. A $588,510 $488,510

FY16/17 TAM Meas. B $456,206 $456,206

Gas Tax $100,000 $0

Restricted Revenue $200,000 $0

LTM - Infrastructure $300,000 $0

TAM Measure A Group 10 (18-001) 2018 Pavement Rehabilitation Project

FY17/18 TAM Meas. A $550,000 $550,000

Gas Tax $100,000

LTM - Infrastructure $300,000 $300,000

TOTAL CIP Contribution this Proposal $1,794,716

3

4

Following the May 9 City Council meeting, staff determined that the $1,448,000 OBAG2 grant funding can be exchanged and held, however the City cannot expend any of the exchanged OBAG2 grant dollars on Nave Dr. until the Downtown SMART Station is fully funded and approved. There are opportunities for the Downtown SMART station work to be combined with other similar projects along the SMART corridor within the next six months. If the Downtown SMART Station is not fully funded or approved in time to take advantage of these opportunities, the cost estimate will increase significantly due to future contractor remobilization costs. MTC and TAM will not permit the City to expend any of the exchanged OBAG2 grant dollars on Nave Dr. until the Downtown SMART Station is fully funded and approved. This is to prevent local agencies from applying for a grant to build one project and expending the funds on a different project. Should the Downtown SMART Station fail to receive full funding or approval in the future, the OBAG2 Grant will need to be returned.

The MTC’s “Regional Transit Priorities Program” has been identified as a potential funding source, however, the Downtown Novato SMART Station would be competing against BART, WETA, CalTrain, SamTrans, AC Transit, and other regional agencies for funding from this highly competitive program. Therefore, it seems unlikely that this a viable potential additional funding source.

FISCAL IMPACT If these resolutions are adopted, the Downtown SMART Station Phase II project would receive $1,794,716 in local funds currently programmed for upcoming roadway rehabilitation projects. An additional $1,305,000 of funding would need to be allocated to the Downtown SMART Station Phase II project to meet the $3,100,000 total project cost estimate.

Staff proposed the use of unallocated Measure F funds for this project to the Measure F Committee on April 7 and to City Council on April 18, 2017 to complete the funding shortfall—staff were directed to consider other funding options for the project. After review of the voter-approved Measure F ballot language, the Novato Police Department Computer-Aided Dispatch replacement, Parks Deferred Maintenance CIP Projects and Community Building Deferred Maintenance CIP Project meet the intent of the Measure F sales tax measure. It is proposed that funds previously allocated for these projects would be paired along with the OBAG2 Grant to fully fund the Downtown SMART Station.

On May 18, 2017, staff attended the Measure F Committee meeting, during which this project was discussed. The Committee voted unanimously to fully fund the Downtown SMART Station with City funds other than Measure F.

At the May 17, 2017 Planning Commission meeting, the Commission voted unanimously to add a discussion regarding the completion of the Downtown SMART Station to their May 22, 2017 agenda.

4

5

The project cost estimate for CIP #17-001 “TAM Measure A Group 9” (including capital, contingency, and administration) for construction beginning July 1, 2017 is $685,000. This proposed fund exchange revises programmed funding from $1,644,716 to $700,000 and allows the project to proceed per plan.

As the recipient of the OBAG2 Grant STP and CMAQ federal funds in the exchange, CIP #18-001 “TAM Measure A Group 10” total funding will be increased from $950,000 to $1,638,000. This project preliminarily proposes to resurface Nave Drive from Alameda Del Prado to Bel Marin Keys Boulevard as funding allows.

RECOMMENDATION

1) Exchange federal OBAG2 Grant funds previously awarded for the Downtown SMART Station Phase II project with an eligible recipient local roadway rehabilitation project:

a. Adopt a resolution to exchange $1,448,000 local roadway funds with the equivalent amount of federal OBAG2 Grant funds previously awarded for the Downtown SMART Station Phase II project.

b. Commit the grant-required $190,000 minimum local matching funds. c. Direct staff to amend Capital Improvement Plan programming for fiscal year 17/18

and 18/19 roadway rehabilitation projects to accept the exchanged OBAG2 Grant funds and contribute an additional $122,000 Infrastructure- Long Term Maintenance funds to the Downtown SMART Station Phase II project.

2) Adopt a standard Metropolitan Transportation Commission (MTC) resolution of support in order to program a local roadway rehabilitation project as the eligible recipient of the OBAG2 Grant in order to secure the grant funding.

3) Address additional funding of $1,305,000 to fully fund the Downtown SMART Station Phase II project by either:

a. Allocating $1,300,000 of additional local funds to fully fund the Downtown SMART Station Phase II project; -OR-

b. Holding the OBAG2 Grant funding for up to 6 months while staff seek additional grant funding

ALTERNATIVES

1. Reject the $1,488,000 OBAG2 Downtown SMART Station Phase II Grant. Maintain

current funding/programming for future TAM Measure A Pavement Rehabilitation projects.

2. Direct staff to proceed otherwise.

5

6

ATTACHMENTS

1. $1,488,000 OBAG2 Downtown SMART Station Phase II Grant Funds Exchange Diagram. 2. Resolution for OBAG2 Grant Funds Exchange. 3. Resolution of Local Support for Downtown SMART Station Phase II Project. 4. Correspondences

6

Funds Exchange Diagram for $1.448M OBAG2 Downtown SMART Station Phase II Grant April 24, 2017

17-001 MEAS. A GROUP 9 PAVEMENT REHAB.

CURRENT FUNDING:

GAS TAX (272) $100,000

LTM INF. (324) $300,000

16/17 TAM MEASURE B $456,206

16/17 TAM MEASURE A $588,510

RESTRICTED REVENUE $200,000

$1,644,716

PROPOSED FUNDING:

GAS TAX (272) $100,000

LTM INFRASTRUCTURE $300,000

RESTRICTED REVENUE $200,000

16/17 TAM “A” (309) $100,000

$700,000*

*NEED $685,000 FOR SCOPE OF WORK PROPOSED FOR

CONSTRUCTION BEGINNING JULY 1, 2017.

17-012 DOWNTOWN SMART

STATION PHASE II

CURRENT FUNDING:

CMAQ+STP (FED 17/18) $1,448,000

MIN. LOCAL MATCH $190,000

$1,638,000

PROPOSED FUNDING:

LTM INFRASTRUCTURE $300,000

16/17 TAM “B” (308) $456,206

16/17 TAM “A” (309) $488,510

17/18 TAM “A” (309) $550,000

+ OTHER FUND SOURCE $1,305,284

$3,100,000

18-001 MEAS. A GROUP 10

PAVEMENT REHAB.

CURRENT 18/19 PROGRAMMING:

GAS TAX (272) $100,000

LTM INFRASTRUCTURE $300,000

17/18 TAM MEAS. A $550,000

$950,000

PROPOSED 18/19 PROGRAMMING:

CMAQ+STP (FED 17/18) $1,448,000

GAS TAX $190,000

$1,638,000

7

res5046

CITY COUNCIL OF THE CITY OF NOVATO

RESOLUTION NO. __________

RESOLUTION AUTHORIZING THE CITY OF NOVATO TO ALLOCATE NO LESS THAN $1,448,000 IN TAM MEASURE A, TAM MEASURE B, AND NOVATO LONG TERM MAINTENANCE-INFRASTRUCTURE FUNDS TO THE DOWNTOWN NOVATO SONOMA-MARIN AREA RAIL TRANSIT (SMART) STATION PROJECT IN EXCHANGE FOR $1,448,000 IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS FROM CYCLE 2 OF THE ONE BAY AREA GRANT (OBAG 2) PROGRAM TO BE PROGRAMMED TO THE CITY OF NOVATO’S MEASURE A GROUP 10 PAVEMENT REHABILITATION PROJECT

WHEREAS, the City of Novato Climate Change Action Plan identifies a Downtown SMART station and maximization of the use of Metropolitan Transportation Commission (MTC) grants to plan for SMART stations as action projects to achieve targets in transit ridership use and reduce greenhouse gas emissions; and WHEREAS, MTC proposes to provide $1,448,000 in financial support for the Downtown Novato SMART Station Project (herein referred to as the OBAG 2 PROJECT), through the OBAG 2 Program; and WHEREAS, MTC is administering the OBAG 2 Program using federal Surface Transportation Program (STP) and Congestion Mitigation and Air Quality (CMAQ) funding administered by the Federal Highway Administration (FHWA); and WHEREAS, all projects receiving federal STP and CMAQ funding are required to comply with federal requirements, including, but not limited to, obtaining National Environmental Policy Act (NEPA) clearance; and

WHEREAS, the City of Novato (herein referred to as CITY) has obtained California Environmental Quality Act (CEQA) for the OBAG 2 PROJECT but does not plan to obtain NEPA clearance; and WHEREAS, OBAG 2 PROJECT is not eligible to receive STP or CMAQ funds without NEPA clearance; and

WHEREAS, CITY proposes a transportation project, MEASURE A GROUP 10 PAVEMENT REHABILITATION PROJECT (herein referred to as SUBSTITUTE PROJECT) which is eligible to receive STP or CMAQ funding; and

WHEREAS, the CITY will provide no less than $1,448,000 in TAM Measure A, TAM Measure B, and Novato Long Term Maintenance-Infrastructure funds to the OBAG 2 PROJECT provided that City receives $1,448,000 in STP or CMAQ funding for the SUBSTITUTE PROJECT; and

8

res5046

WHEREAS, contemporaneously with this Resolution, CITY is adopting a Resolution of Local Support for SUBSTITUTE PROJECT. NOW, THEREFORE, BE IT RESOLVED:

1. That CITY requests MTC to provide $1,448,000 in STP or CMAQ funding to the SUBSTITUTE PROJECT;

2. That CITY agrees to provide no less than $1,448,000 in TAM Measure A, TAM Measure

B, and Novato Long Term Maintenance-Infrastructure funds to the OBAG 2 PROJECT, provided that City receives the aforementioned STP or CMAQ funding for the SUBSTITUTE PROJECT;

3. That CITY agrees to provide the Transportation Authority of Marin (herein referred to as

TAM) with documentation that no less than $1,448,000 in TAM Measure A, TAM Measure B, and Novato Long Term Maintenance-Infrastructure funds have been expended on the OBAG 2 PROJECT;

4. That CITY agrees to apply to obtain the federal authorization to proceed (E-76/obligation) from FHWA no later than January 31, 2018 for SUBSTITUTE PROJECT; and

* * * * * * I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Novato, Marin County, California, at a meeting thereof, held on the 23rd day of May, 2017, by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers City Clerk of the City of Novato Approved as to form: City Attorney of the City of Novato

9

res5047 09/20/16

CITY COUNCIL OF THE CITY OF NOVATO RESOLUTION OF LOCAL SUPPORT

RESOLUTION NO. _______

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE PROJECTS

WHEREAS, the City of Novato (herein referred to as APPLICANT) is submitting an

application to the Metropolitan Transportation Commission (MTC) for $1,548,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Measure A Group 10 Pavement Rehabilitation 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 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:

10

res5047 09/20/16

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 PROJECTS will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and

the assurance of the sponsor to complete the PROJECTS 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 PROJECTS will have adequate staffing resources to deliver and complete the PROJECTS within the schedule submitted with the project application; and

that the PROJECTS 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 FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and

in the case of a transit project, the PROJECTS 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; and

in the case of a highway project, the PROJECTS will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and

in the case of an RTIP project, state law requires PROJECTS be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECTS; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECTS, or the ability of APPLICANT to deliver such PROJECTS; 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 PROJECTS 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 that the APPLICANT is authorized to execute and file an application for funding for the PROJECTS for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further

11

res5047 09/20/16

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 contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further

RESOLVED that PROJECTS 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 PROJECTS and has adequate staffing

resources to deliver and complete the PROJECTS within the schedule submitted with the project application; and be it further

RESOLVED that PROJECTS 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, in the case of a transit project, APPLICANT agrees to comply with the

requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further

RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with

the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further

RESOLVED that, in the case of an RTIP project, PROJECT is included in a local

congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; 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 PROJECTS; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further

12

res5047 09/20/16

RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECTS, or the ability of APPLICANT to deliver such PROJECTS; and be it further

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 PROJECTS 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 applications for the PROJECTS described in the resolution, and if approved, to include the PROJECTS in MTC's federal TIP upon submittal by the project sponsor for TIP programming. * * * * * * I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Novato, Marin County, California, at a meeting thereof, held on the 23rd day of May, 2017, by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers City Clerk of the City of Novato Approved as to form: City Attorney of the City of Novato

13

res5047 09/20/16

Instructions for Using the Resolution of Local Support

A project sponsor receiving Surface Transportation Block Grant Program (STP),

Congestion Mitigation Air Quality Improvement Program (CMAQ), Active Transportation Program (ATP), Regional Improvement Program (RIP), or other regional discretionary funds must adopt a resolution of local support prior to grant funds being added to the Transportation Improvement Program (TIP). The template to be used is found on the MTC website: http://mtc.ca.gov/our-work/fund-invest/federal-funding/obag-2

Sponsors should always use the template posted on the website to ensure they have the latest version.

The sponsor may not make changes to the template with the exception of format changes or additional language to suit the jurisdiction’s resolution conventions. These changes may not modify or condition / limit the MTC resolution language. If your legal counsel feels strongly about making language changes given specific circumstances surrounding a project, he/she needs to discuss these with the MTC General Counsel.

The three bulleted statements on page 2 of the resolution that apply to transit, highway, and RTIP projects may be deleted, if they do not apply.

After a project sponsor has adopted a resolution of local support for a project, it does not need to go back to the board if the project subsequently receives additional grants from the above fund sources, unless the project scope has changed significantly. If there are scope changes the sponsor should consult with MTC programming staff.

The resolution of local support must be transmitted to MTC when a project / grant funds are added to the TIP. The sponsor will attach a PDF of the adopted resolution to the Fund Management System (FMS) application when the sponsor requests a TIP amendment. A schedule containing upcoming due dates for TIP revisions can be found at: http://mtc.ca.gov/our-work/fund-invest/tip/tip-revisions-and-amendments If you have further questions regarding the resolution please contact the following MTC staff: Mallory Atkinson (STP/CMAQ funds) at matkinson@mtc.ca.gov or 415-778-6793 Kenneth Kao (ATP/RIP funds) at kkao@mtc.ca.gov or 415-778-6768 Adam Crenshaw (TIP and FMS) at acrenshaw@mtc.ca.gov or 415-778-6794

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84