CC Resolution No. 13-040 Application for Funding Assigned to Metropolitan Transposrtation Commission (MTC) and Committing Funds RESOLUTION NO. 13-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC
AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE
ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Cupertino (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $2,385,000 in funding
assigned to the MTC for programming discretion, including but not limited to federal
funding administered by the Federal Highway Administration (FHWA) such as Surface
Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement
(CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively
referred to as REGIONAL DISCRETIONARY FUNDING) for the Stevens Creek Boulevard
Overlay Project and the Monta Vista Sidewalk Installation Project (herein referred to as
PROJECT) for the OneBayArea Grant Program (herein referred to as PROGRAM); and
WHEREAS, the Moving Ahead for Progress in the 21St Century Act (Public Law 112-
141, July 6, 2012) and any extensions or successor legislation for continued funding
(collectively, MAP 21) authorize various federal funding programs including, but not limited
to the Surface Transportation 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 Program (TA) (23 U.S.C. § 213); and
WHEREAS, state statutes, including California Streets and Highways Code 182.6 and
182.7 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 MAP-21, and any regulations promulgated thereunder,
eligible project sponsors wishing to receive federal funds for a project shall submit an
application first with the appropriate MPO for review and inclusion in the MPO's
Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay
region; and
Resolution No. 13-040
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
federal funds; 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:
1. the commitment of any required matching funds of at least 11.47%; and
2. 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
3. that the project will comply with the procedures, delivery milestones and funding
deadlines specified in the 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 federal Transportation Improvement
Program (TIP); and
5. that the project will comply with all project-specific requirements as set forth in the
PROGRAM; and
6. that the project (transit only) 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.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute
and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY
FUNDING under MAP-21 for continued funding; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT will provide $680,000 in matching funds; and
2. 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
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Resolution No. 13-040
APPLICANT does not expect any cost increases to be funded with additional
REGIONAL DISCRETIONARY 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, revised) and APPLICANT has, and will
retain the expertise, knowledge and resources necessary to deliver federally-
funded transportation projects, and has assigned, and will maintain a single point
of contact for all FHWA-funded transportation projects to coordinate within the
agency and with the respective Congesi:ion Management Agency (CMA), MTC,
Caltrans and FHWA on all communicai:ions, inquires or issues that may arise
during the federal programming and delivery process for all FHWA-funded
transportation projects implemented by APPLICANT; and
4. PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount approved by MTC and programmed in
the federal TIP; and
5. APPLICANT and the PROJECT will comply with the requirements as set forth in
MTC programming guidelines and project selection procedures for the
PROGRAM; and
6. APPLICANT (for a transit project only) agrees to comply with the requirements of
MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution
3866, revised; and therefore 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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Resolution No. 13-040
RESOLVED that APPLICANT authorizes ii:s 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 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 to include the PROJECT, if approved, in MTC's federal TIP.
PASSED AND ADOPTED at a regular meeting cf the City Council of the City of Cupertino
this 21St day of May, 2013, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
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F'„/Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
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