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CC Resolution No. 10-205 Grant Funds, Environmental Enhancement and Mitigation Program, Stevens Creek Corridor, Phase 2 RESOLUTION NO. 10 -205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR STEVENS CREEK CORRIDOR PROJECT, PHASE 2 WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Natural Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Natural Resources Agency require a resolution certifying the approval of application by the Applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the Applicant must comply with; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said Applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints David Knapp, City Manager, or his designee the Director of Public Works, as agent of the City of Cupertino to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APp' •VED: 65-171471 r City Clerk, City y Cupertino Mao City of Cupertino