Resolution 14633CITY OF ALAMEDA RESOLUTION NO. 14633
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE METROPOLITAN TRANSPORTATION
COMMISSION FOR THE ALLOCTION OF $2.5 MILLION IN
FUNDING FROM THE 2012 REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM FOR THE BROADWAY /JACKSON
PROJECT AND TO EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, the City of Alameda (herein referred to as "APPLICANT ") is
submitting an application to the Metropolitan Transportation Commission (MTC) o
for $2.5 million in funding from the 2012 Regional Transportation Improvement
Program (RTIP) for the Broadway /Jackson project (herein referred to as
"PROJECT ") for the MTC 2012 RTIP, as authorized by MTC Resolution No.
4028 (herein referred to as "PROGRAM "); and
WHEREAS, Senate Bill (SB) 45 (Chapter 622, Statutes 1997)
substantially revised the process for estimating the amount of state and federal
funds available for transportation projects in the state and for appropriating and
allocating the available funds to these projects; and
WHEREAS, as part of that process, MTC is responsible for programming
projects eligible for Regional Improvement Program funds, pursuant to California
Government Code Section 14527(b), for inclusion in the RTIP, and submission to
the California Transportation Commission, for inclusion in the State
Transportation Improvement Program; and
WHEREAS, MTC will review and include, if approved, 2012 RTIP projects
in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC has requested eligible transportation project sponsors to
submit applications nominating projects to be programmed for Regional
Improvement Program funds in the RTIP; and
WHEREAS, applications to MTC must be submitted consistent with
procedures, conditions, and forms it provides transportation project sponsors;
and
WHEREAS, APPLICANT is a sponsor of transportation projects eligible for
Regional Improvement Program funds; and
WHEREAS, the RTIP Project Programming Request (PPR) form of the
project application, attached hereto and incorporated herein as though set forth
at length, lists the project, purpose, schedule and budget for which APPLICANT
is requesting that MTC program Regional Improvement Program funds for
inclusion in the RTIP; and
WHEREAS, Part 2 of the project application, attached hereto and
incorporated herein as though set forth at length, includes the certification by
APPLICANT of assurances required by SB 45 in order to qualify the project listed
in the RTIP project nomination sheet of the project application for programming
by MTC; and
WHEREAS, as part of the application for 2012 RTIP funding, MTC
requires any resolution adopted by the responsible implementing agency to state
that the project will comply with the procedures specified in the "Timely Use of
Funds Provisions and Deadlines" (MTC Resolution No. 4028, Attachment 1,
Page 14, and as may be further amended).
NOW, THEREFORE, BE IT RESOLVED, that APPLICANT approves the
assurances set forth in Part 2 of the project application, attached to this
resolution.
BE IT FURTHER RESOLVED, that APPLICANT will comply with the
provisions and requirements of the "Timely Use of Funds Provisions and
Deadlines" (MTC Resolution No. 4028, Attachment 1, Page 14, and as may be
further amended), that 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 that APPLICANT and PROJECT will
comply with the requirements as set forth in the 2012 RTIP Policies and
Procedures (MTC Resolution No. 4028).
BE IT FURTHER RESOLVED, that APPLICANT will comply with the
provisions and requirements of the Transit Coordination Implementation Plan, as
set forth in MTC Resolution No. 3866.
BE IT FURTHER RESOLVED, that APPLICANT has reviewed the project
and has adequate staffing resources to deliver and complete the project within
the schedule set forth in the RTIP Project Programming Request (PPR) form of
the project application, attached to this resolution.
BE IT FURTHER RESOLVED, that APPLICANT is an eligible sponsor of
projects in the State Transportation Improvement Program.
BE IT FURTHER RESOLVED, that APPLICANT is authorized to submit
an application for State Transportation Improvement Program funds for
PROJECT.
BE IT FURTHER RESOLVED, that APPLICANT has and will retain the
expertise and knowledge necessary to deliver STIP and federally- funded
projects, and has assigned a single point of contact for all STIP and FHWA-
funded projects to work with the CMA, MTC, and Caltrans on any questions or
issues that may arise during the STIP and /or federal programming and delivery
process.
BE IT FURTHER RESOLVED, that there is no legal impediment to
APPLICANT making applications for Regional Improvement Program funds.
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 APPLICANT to deliver such PROJECT.
BE IT FURTHER RESOLVED, that APPLICANT authorizes its City
Manager, or designee to execute and file an application with MTC to program
Regional Improvement Program funds into the RTIP, for the projects, purposes
and amounts included in the project application attached to this resolution.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be
transmitted to MTC in conjunction with the filing of the APPLICANT application
referenced herein, along with the name and contact information for the
APPLICANT's single point of contact.
RTIP Project Application
Part 1 b: Opinion of Legal Counsel
November 1, 2011
To: Metropolitan Transportation Commission
Fr: the City of Alameda
Re: Eligibility for State Transportation Improvement Program (STIP) funds
This communication will serve as the requisite opinion of counsel in connection with the
application of the City of Alameda for funding from the State Transportation
Improvement Program (STIP) made available pursuant to the State Transportation
Funding Plan, Streets and Highways Code Section 163 et. seq.
1. The City of Alameda is an eligible sponsor of projects for the STIP.
2. The City of Alameda is authorized to submit an application for STIP funding for
Broadway /Jackson Project.
3. I have reviewed the pertinent state laws and I am of the opinion that there is no
legal impediment to the City of Alameda making applications for STIP funds.
Furthermore, as a result of my examinations, I find that there is no pending or
threatened litigation which might in any way adversely affect the proposed
projects, or the ability of the City of Alameda to carry out such projects.
Sincerely,
City Attorne
RTIP Project Application
Part 2: Certification of Assurances
The implementing agency certifies that the project for which Reoiona| Improvement Program
funding is requested meets the foliowing project ject screening Criteria. Please initial each.
1. The project is eligible for consideration in the RTIP. Pursuant to Streets and Highways Code
Section 164 (e), eligible projects include improving state highways, local noado, public
transit, intercity rail, pedeotrian, and bicycle facilities, and grade separation, transportation
system rnanagernent, transportation demand nnenagennent, soundwall projects, intermodal
facilities, and safety.
2. For the funds naqueoUyd, no costs have/will be incurred prior to adoption into the STIP by the
CTC.
3. A Project Study Report (PSR) or PSR equivalent has been prepared for the project.
4. The project project budget inouded in Part 2 of the project apo|ioaUonrefentsourn*rdoostsuodated
as of the date of application and escalated to the appropriate year. °
5. The project is included in a local congestion management program (CMP). (Note: For those
counties that have opted out of preparing a CMP in accordance with Government Code
Section 65088.3. the project must be consistent with the capital improvement program
adopted pursuant to MTC's funding agreement with the countywide transportation planning
agency.) 1_,3.
6. The year of funding for any deoign, right-of-way and/or construction phases has taken into
consideration the time necessary to obtain environmental clearance and permitting approval
for the project. L:1
7. The project is fully funded
8. For p with STIP federal funds, the implementing agency agrees to contact Caltrans
and schedule and complete a field review within six months of the project being adopted or
amended into the TIP,
9. For STIP construction funda. the implementing agency agrees to send a copy of the
Ca !trans LPP 01-06 "Award Information for STIP Projects — Attachment A" to MTC and the
CMA, upon award.
10. The implementing agency agrees to be available for an audit of STIP funds, if requested.
The implementing agency also agrees to abide by all atatub*o, rules and regulations applying to
the State Transportation Improvement Program (8T|P), and to follow all requirements
associated with the funds programmed to the project in the STIP.
These include, but are not Iimited to:
1. Environmental requirements: NEPA standards and procedures for all projects with Federal
funds; CEQA standards and procedures for all projects programmed with State funds.
2. California Transportation Commission (CTC) requirements for transit projects, formerly
associated with the Transit Capital Improvement (TCI) program. These include rules
governing right -of -way acquisition, hazardous materials testing, and timely use of funds.
3. Federal Transit Administration (FTA) requirements for transit projects as outlined in FTA
regulations and circulars.
4. Federal Highway Administration (FHWA) and Caltrans requirements for highway and other
roadway projects as outlined in the Caltrans Local Programs Manual.
5. Federal air quality conformity requirements, and local project review requirements, as
outlined in the adopted Bay Area Conformity Revision of the State Implementation Plan (SIP).
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 1st day of November, 2011, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 2nd day of November 2011.
Lara Weisiger, + lerk
City of Alameda