Resolution 16371 Docusign Envelope ID: EA7E8C6F-5DCA-82B4-823D-B08017A0618B
CITY OF ALAMEDA RESOLUTION NO. 16371
AUTHORIZING THE SUBMISSION OF AN ALLOCATION REQUEST
TO METROPOLITIAN TRANSPORTATION COMMISSION (MTC),
COMMITTING TO COMPLY WITH THE PROVISIONS OF MTC'S
REGIONAL MEASURE 3 POLICIES AND PROCEDURES FOR THE
WILLIE STARGELL SAFETY IMPROVEMENTS PROJECT
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred as
Regional Measure 3, identified projects eligible to receive funding under the Regional
Measure 3 Expenditure Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for
funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways
Code Section 30914.7(a) and (c); and
WHEREAS, MTC has established a process whereby eligible transportation
project sponsors may submit allocation requests for Regional Measure 3 funding; and
WHEREAS, allocation requests to MTC must be submitted consistent with
procedures and conditions as outlined in Regional Measure 3 Policies and Procedures
(MTC Resolution No. 4404); and
WHEREAS, City of Alameda is an eligible sponsor of transportation project(s) in
the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Willie Stargell Safety Improvements Project is eligible for
consideration in the Regional Measure 3 Expenditure Plan, as identified in California
Streets and Highways Code Section 30914.7(a); and
WHEREAS, the Regional Measure 3 updated Initial Project Report (IPR) and
allocation request, attached hereto and incorporated herein as though set forth at length,
lists the project, purpose, schedule, budget, expenditure and cash flow plan for which City
of Alameda is requesting that MTC allocate Regional Measure 3 funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that
City of Alameda and its agents shall comply with the provisions of the Metropolitan
Transportation Commission's Regional Measure 3 Policies and Procedures); and
BE IT FURTHER RESOLVED, that City of Alameda certifies that Willie Stargell
Avenue Safety Improvements Project is consistent with the Regional Transportation Plan
(RTP); and
BE IT FURTHER RESOLVED, that the year of funding for any design, right-of-way
and/or construction phases has taken into consideration the time necessary to obtain
environmental clearance and permitting approval for the project; and
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BE IT FURTHER RESOLVED, that the Regional Measure 3 phase or segment is
fully funded, and results in an operable and useable segment; and
BE IT FURTHER RESOLVED, that City of Alameda approves the allocation
request and updated IPR, attached to this resolution; and
BE IT FURTHER RESOLVED, that City of Alameda approves the cash flow plan,
attached to this resolution; and
BE IT FURTHER RESOLVED, that City of Alameda has reviewed the project
needs and has adequate staffing resources to deliver and complete the project within the
schedule set forth in the allocation request and updated IPR, attached to this resolution;
and
BE IT FURTHER RESOLVED, that City of Alameda is authorized to submit an
allocation request for Regional Measure 3 funds for Willie Stargell Avenue Safety
Improvements Project in accordance with California Streets and Highways Code
30914.7(a); and
BE IT FURTHER RESOLVED, that City of Alameda certifies that the projects and
purposes for which RM3 funds are being requested is in compliance with the
requirements of the California Environmental Quality Act (Public Resources Code Section
21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California
Code of Regulations Section 15000 et seq.) and if relevant the National Environmental
Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations
thereunder; and
BE IT FURTHER RESOLVED, that there is no legal impediment to City of Alameda
making allocation requests for Regional Measure 3 funds; and
BE IT FURTHER RESOLVED, that there is no pending or threatened litigation
which might in any way adversely affect the proposed project, or the ability of City of
Alameda to deliver such project; and
BE IT FURTHER RESOLVED, that City of Alameda indemnifies and holds
harmless MTC, BATA, and their Commissioners, representatives, agents, and employees
from and against all claims, injury, suits, demands, liability, losses, damages, and
expenses, whether direct or indirect (including any and all costs and expenses in
connection therewith), incurred by reason of any act or failure to act of City of Alameda,
its officers, employees or agents, or subcontractors or any of them in connection with its
performance of services under this allocation of RM3 funds. City of Alameda agrees at its
own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal
proceedings brought or instituted against MTC, BATA, and their Commissioners, officers,
agents, and employees, or any of them, arising out of such act or omission, and to pay
and satisfy any resulting judgments. In addition to any other remedy authorized by law,
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so much of the funding due under this allocation of RM3 funds as shall reasonably be
considered necessary by MTC may be retained until disposition has been made of any
claim for damages, and
BE IT FURTHER RESOLVED, that City of Alameda shall, if any revenues or profits
from any non-governmental use of property (or project) that those revenues or profits
shall be used exclusively for the public transportation services for which the project was
initially approved, either for capital improvements or maintenance and operational costs,
otherwise the Metropolitan Transportation Commission is entitled to a proportionate share
equal to MTC's percentage participation in the projects(s); and
BE IT FURTHER RESOLVED, that assets purchased with RM3 funds including
facilities and equipment shall be used for the public transportation uses intended, and
should said facilities and equipment cease to be operated or maintained for their intended
public transportation purposes for its useful life, that the Metropolitan Transportation
Commission (MTC) shall be entitled to a present day value refund or credit (at MTC's
option) based on MTC's share of the Fair Market Value of the said facilities and equipment
at the time the public transportation uses ceased, which shall be paid back to MTC in the
same proportion that Regional Measure 3 funds were originally used; and
BE IT FURTHER RESOLVED, that City of Alameda shall post on both ends of the
construction site(s) at least two signs visible to the public stating that the Project is funded
with Regional Measure 3 Toll Revenues; and
BE IT FURTHER RESOLVED, that City of Alameda authorizes its City Manager or
his designee to execute and submit an allocation request for the design phase with MTC
for Regional Measure 3 funds in the amount of $200,000, for the project, purposes and
amounts included in the allocation request attached to this resolution; and
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby
delegated the authority to make non-substantive changes or minor amendments to the
allocation request or IPR as he/she deems appropriate; and
BE IT FURTHER RESOLVED, that a copy of this resolution shall be transmitted to
MTC in conjunction with the filing of the City of Alameda allocation request referenced
herein.
Docusign Envelope ID: EA7E8C6F-5DCA-82B4-823D-B08017A0618B
* * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 17th day of March 2026, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, and Mayor Ezzy
Ashcraft — 4.
NOES: None.
ABSENT: Vice Mayor Pryor— 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 18th day of March 2026.
rDocuSigned by:
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Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
"—Signed by:'II,
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Yibin Shen, City Attorney
City of Alameda