HomeMy WebLinkAboutReso 45-10 Fed Surface Trans ProgramRESOLUTION NO. 45 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION AND AIR
QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY NON-
FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Dublin (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $1,049,000 in funding
from the federal SurFace Transportation Program (STP) and/or Congestion Mitigation and Air
Quality Improvement (CMAQ) program for the West Dublin BART Golden Gate Drive
Streetscape Enhancement Project (herein referred to as PROJECT) for the MTC Resolution,
No. 3925, New Federal Surface Transportation Act (FY 2009-10, FY 2010-11 and FY 2011-12)
Cycle 1 STP/CMAQ Program: Project Selection Criteria, Policy, Procedures and Programming
(herein referred to as PROGRAM); and
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) authorized the Surface
Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality
Improvement Program (CMAQ) (23 U.S.C. § 149) through September 30, 2009; and
WHEREAS, SAFETEA has been extended through December 31, 2010 pursuant to
Public Law 111-147, March 18, 2010 and may be subsequently extended pending enactment of
successor legislation for continued funding; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible
project sponsors wishing to receive federal Surface Transportation Program and/or Congestion
Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit
an application first with the appropriate Metropolitan Planning Organization (MPO), for review
and inclusion in the MPO's Transportation Improvement Program (TIP); and .
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO 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
STP/CMAQ funds; and
WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and
WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution
adopted by the responsible implementing agency stating the following:
Page 1 of 3
1) the commitment of necessary local matching funds of at least 20.0%; and
2) that the sponsor understands that the STP/CMAQ funding is fixed at the programmed
amount, and therefore any cost increase cannot be expected to be funded with additional
STP/CMAQ funds; and
3) that the project will comply with the procedures specified in 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 TIP; and
5) that the project will comply with all the project-specific requirements as set fo-th in the
PROGRAM.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute
and file an application for funding for the PROJECT under the Surface Transportation Program
(STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA,
any extensions of SAFETEA or any successor legislation for continued funding; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT will provide $209,800 in non-federal matching funds; and
2. APPLICANT understands that the STP/CMAQ 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 STP/CMAQ 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, as revised); and
4. PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount programmed in the MTC federal TIP; and
5. APPLICANT and the PROJECT will comply with the requirements as set forth in the
program; and therefore be it further
RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded projects; and
be it further
RESOLVED that APPLICANT is authorized to submit an application for STP/CMAQ
funds 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
RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and
file an application with MTC for STP/CMAQ funding for the PROJECT as referenced in this
resolution; and be it further
Page2of3
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 TIP.
PASSED, APPROVED AND ADOPTED this 20th day of April, 2010, by the following
vote:
AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
.~1 /~
V~c~.- ,~SL.C!"Z~~„~'.
AT EST:
~_
City Clerk
Mayor
Reso No. 45-10, Adopted 4-20-10, Item 4.7 Page 3 of 3