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HomeMy WebLinkAboutResolution 2017-083 N.C.S. 06/05/2017Resolution No. 2017 -083 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT /STATE TRANSIT ASSISTANCE FUNDS FOR THE CITY'S TRANSIT SYSTEM FOR FY 17/18 WHEREAS, the Transportation Development Act (TDA) (California Public Utilities Code §99200 et seq.), provides for disbursement of funds from the Local Transportation Fund (LTF) of the County of Sonoma for use by eligible applicants for the purpose of fixed route and paratransit service; and WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations hereunder (21 Cal. Code of Regs. §6600 et. seq.), a prospective applicant wishing to receive an allocation from the LTF shall file its claim with the Metropolitan Transportation Commission; and WHEREAS, the State Transit Assistance (STA) fund is created pursuant to Public Utilities Code, Section 99310 et seq.; and WHEREAS, TDA funds from the LTF for Sonoma County and STA funds will be required by applicant in Fiscal Year 17/18 for fixed route and paratransit service; and WHEREAS, the City of Petaluma is an eligible applicant for TDA and /or STA funds, pursuant to Public Utilities Sections 99260, 99260(a) and 99400, as attested by the opinion of counsel Exhibit A, attached; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. The above recitals are declared to be true and correct and are hereby made findings of the City Council. 2. The contemplated program activity consists of the operation, maintenance, and /or minor alteration of existing public facilities, including facilities of publicly -owned utilities used to provide public transit services, and involves negligible or no expansion of use beyond that currently existing as of the time of the Council consideration and, accordingly, this project is exempt from the requirements of CEQA in accordance with section 15301, subdivision (b) of the CEQA Guidelines. Resolution No. 2017 -083 N.C.S. Page 1 3. The City Manager is authorized to execute and file appropriate TDA/STA applications, together with all necessary supporting documents, with the Metropolitan Transportation Commission for an allocation of TDA and STA funds in FY 17/18. 4. Staff is directed to transmit a copy of this Resolution to the Metropolitan Transportation Commission, including the Opinion of Counsel attached to and made a part of this Resolution as Exhibit A in conjunction with the filing of the claim; and the Metropolitan Transportation Commission is requested to grant the allocation of funds as specified in the claim. Under the power and authority conferred upon this Council by the Charter of said City. Resolution No. 2017 -083 N.C.S. Page 2 Exhibit A DOCUMENT C: OPINION OF COUNSEL TO: METROPOLITAN TRANSPORTATION COMMISSION FROM: CITY OF PETALUMA DATE: April 11, 2017 RE: ELIGIBILITY FOR TRANSPORTATION DEVELOPMENT ACT FUNDS/ STATE TRANSIT ASSISTANCE FUNDS This communication will serve as the requisite opinion of counsel in connection with the application of the City of Petaluma for an allocation of Transportation Development Act (TDA) /State Transit Assistance (STA) funds. City of Petaluma is authorized to provide and assist public transportation by acquisition, construction and operation of existing or additional transit facilities. This assistance may be provided directly or by contractual arrangements with other parties. 2. City of Petaluma is an eligible applicant for Transportation Development Act (TDA)/ State Transit Assistance (STA) funds pursuant to PUC sections(s) 90260, 99260(a) and 99400. 3. I have reviewed the pertinent state and local laws, and I am of the opinion that there is no legal impediment to City of Petaluma's making applications for TDA/STA funds. Furthermore, as a result of my examinations, I find that there is no pending or threatened litigation which might in any way adversely affect the proposed projects, or the ability of the City of Petaluma to carry out such projects. Sincere Legal Counsel ) Eric Danly / Print Name Resolution No. 2017 -083 N.C.S. Page 3