Resolution 14954CITY OF ALAMEDA RESOLUTION NO. 14954
AUTHORIZATION TO APPLY FOR FUNDING ASSIGNED TO THE
METROPOLITAN TRANSPORTATION COMMISSION; COMMIT
ANY NECESSARY MATCHING FUNDS; AND ASSURE PROJECT
COMPLETION
WHEREAS, the City of Alameda (herein referred to as APPLICANT) is submitting
an application to the Metropolitan Transportation Commission (MTC) for $2,520,104 in
funding assigned to MTC for programming discretion, which includes federal funding
administered by the Federal Highway Administration (FHWA) and federal or state
funding administered by the California Transportation Commission (CTC) such as
Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality
Improvement (CMAQ) funding, Transportation Alternatives (TA) /Active Transportation
Program (ATP) funding, and Regional Transportation Improvement Program (RTIP)
funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for
the Cross Alameda Trail through Jean Sweeney Open Space Park (herein referred to
as PROJECT) for the Cycle 1 Regional Competitive Active Transportation 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, §182.7, and §2381(x)(1), 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 (RTPA); and
WHEREAS, pursuant to MAP -21, 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 RTPA,
as applicable, for review and inclusion in the federal Transportation Improvement
Program (TIP); and
WHEREAS, MTC is the MPO and RTPA 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 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:
• the commitment of any required matching funds; and
• 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
• 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
• in the case of a highway project, the PROJECT will comply with MTC
Resolution No. 4104, which sets forth MTC's Traffic Operations System
JOS) 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
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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 MAP-21 or continued funding; 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
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. 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
BE IT FURTHER RESOLVED that PROJECT will be implemented as described
in the complete application and in this resolution, subject to environmental clearance,
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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 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, 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
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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.
1, 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 15th day of July, 2014, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, 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 16th day of July 2014.
Lara Weisiger, City"O'blerk
City of Alameda U
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