CC Resolution No. 17-104 Authorizing an Application to the Metropolitan Transportation Commission for $769,000 in Funding from the One Bay Area Grant ProgramRESOLUTION NO. 17-104
RESOLUTION AUTHORIZING AN APPLICATION TO THE METROPOLITAN
TRANSPORTATION COMMISSION FOR $769,000 IN FUNDING FROM THE ONE BAY
AREA GRANT PROGRAM, REGIONAL DISCRETIONARY FUNDING; APPROPRIATING
$110,000 IN NECESSARY MATCHING FUNDS; AND ASSURING THE COMPLETION OF
THE PROJECT IN ACCORDANCE WITH THE APPLICATION
WHEREAS, the City of Cupertino (herein referred to as APPLICANT) is
submitting an application to the Metropolitan Transportation Commission (MTC) for
$769,000 in funding assigned to MTC for programming discretion, which includes federal
funding administered by the Federal Highway Administration (FHW A) 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 2018 Pavement Maintenance Phase 2 Project
(herein referred to as PROJECT) for the One Bay Area Grant Program (herein referred to
as PROGRAM); 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)(l), 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 (RTP A); 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 RTP A, as applicable, for review and inclusion in the federal
Transportation Improvement Program (TIP); and
Resolution No. 17-104
Page2
WHEREAS, MTC is the MPO and RTP A 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 1s 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:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL OISCRETIONARY
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 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
• the assurance of the sponsor to complete the PROJECT 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 PROJECT will have adequate staffing resources to deliver and
complete the PROJECT within the schedule submitted with the project
application; and
• that the PROJECT 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 PROJECT 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
Resolution No. 17-104
Page3
• m the case of a highway project, the PROJECT 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 PROJECT 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 PROJECT; 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 PROJECT, or the ability of APPLICANT to deliver such
PROJECT; 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 PROJECT 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 PROJECT for REGIONAL DISCRETIONARY FUNDING under the
FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that the Cupertino City Council approves the appropriation of the
required matching funds for this grant in the amount of $110,000 and be it further
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
Resolution No. 17-104
Page4
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, FHW A, 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 PROJECT 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 PROJECT and has adequate
staffing resources to deliver and complete the PROJECT within the schedule submitted
with the project application; and be it further
RESOLVED that PROJECT 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
Resolution No . 17-104
Pages
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
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 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 if approved, to include the PROJECT in MTC's
federal TIP upon submittal by the project sponsor for TIP programming.
Resolution No . 17-104
Pa e6
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino this 7th
day of November 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
~ J~U,.~
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino