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HomeMy WebLinkAboutRESO 9363Resolution No. 9363 Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission for the Street Resurfacing Streetscape Projects and Committing any Necessary Matching Funds and Stating the Assurance to Complete the Project RECITALS A. The City of Palo Alto (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $956,000 in funding assigned MTC for programming discretion, including by not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Street Resurfacing and Streetscape Projects (herein referred to as PROJECT) for the One Bay Area Grant (OBAG) Program (herein referred to as PROGRAM). B. 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). C. State statutes, including California Streets and Highways Code 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA). D. Pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP). E. MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region. F. MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, . revised) that sets out procedures governing the application and use of federal funds. G. The APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING. H. As part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. the commitment of any required matching funds of at least 11.47%. 2. 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. 3. 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. 1 130723 jb 0131118 4. the assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's federal Transportation Improvement Program (TIP). 5. that the project will comply with all project-specific req'uirements as set forth in the PROGRAM. 6. that the project (transit only) 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. The Council of the City of Palo Alto RESLOVES as follows: SECTION 1: The APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide $125,000 in matching funds. 2. 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. 3. 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 projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by APPLICANT. 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP. 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. 6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised; and therefore be it further RESOLVED SECTION 2. The APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED: 1. The APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. 2. There is no legal impediment to APPLICANT making applications for the funds. 3. 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. 4. The 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. 2 130723 jb 0131118 5. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. 6. The MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's federal TIP. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resource Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: August 5, 2013 AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD NOES: ABSENT: ABSTENTIONS: 130723 jb 0131118 Ifv'---- Mayor ~A..~ ~~ity Manager e Dire~nning and Community Environment ~. < ~.., ~.Director of Administrative Services 3