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HomeMy WebLinkAboutRESO 9118Resolution No. 9118 Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) Funding for the California Avenue Transit Hub Corridor Project and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project WHEREAS, the City of Palo Alto (herein referred to as CITY) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,175,200 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the California Avenue -Transit Hub Corridor Improvements (herein referred to as PROJECT) for the MTC Resolution, No. 3925, New Federal Surface Transportation Act (FY 2009-10, FY 2010-11 and FY 2011-12) Cycle 1 STP/CMAQ Program: Project Selection Criteria, Policy, Procedures and Programming (herein referred to as PROGRAM); and WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continued the Surface Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) through September 30, 2009; and WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be subsequently extended pending enactment of successor legislation for continued funding; and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO 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 STP/CMAQ funds; and WHEREAS, CITY is an eligible project sponsor for STP/CMAQ funds; and WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: II 101115 dm 8261479 1 1) A commitment of necessary local matching funds of at least 11.47%; and 2) The sponsor understands that the STP/CMAQ funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and 3) The project will comply with the procedures specified in 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 TIP; and 5) That the project will comply with all the project-specific requirements as set forth in the PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palo Alto as follows: SECTION 1. The officers of the CITY are authorized to execute and file an application for funding for the PROJECT under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA, any extensions of SAFETEA or any successor legislation for continued funding. SECTION 2. The CITY by adopting this resolution does hereby state that: 1. CITY will provide $550,000 in non-federal matching funds; and 2. CITY understands that the STP/CMAQ funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the CITY from other funds, and that CITY does not expect any cost increases to be funded with additional STP/CMAQ funding; and 3. Applicant understands that $(N/A) is greater than the Applicant's (STP/CMAQ Amount) Regional Local Streets & Roads formula share of Local Streets & Roads programming, and that the Applicant will forgo future programming shares until the amount of the overage $(N/ A) is reached. (This requirement does not apply to CITY, only to applicants who received an "augmentation" greater than $100,000 in the Local Streets & Roads program only) 4. CITY 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, as revised); and 5. 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 6. CITY and the PROJECT will comply with the requirements as set forth in the program; and SECTION 3. CITY is an eligible sponsor of STP/CMAQ funded projects. SECTION 4. CITY is authorized to submit an application for STP/CMAQ funds for the PROJECT. SECTION 5. There is no legal impediment to CITY making applications for the funds. 101115 dm 8261479 2