CC Resolution No. 23-034 Authorizing Fund Transfer Agreement to accept $5,000,000 for the McClellan Road Bridge Reconstruction ProjectRESOLUTION NO. 23-034
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING EXECUTION OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AGREEMENTS FOR GRANT FUNDS FROM THE
BUDGET ACT OF 2022/23, CALIFORNIA STATE BUDGET, SECTION
19.56(F)(1)(B) - $5,000,000 TO THE CITY OF CUPERTINO FOR THE
MCCLELLAN ROAD BRIDGE RECONSTRUCTION PROJECT
WHEREAS, the California Department of Transportation has been
delegated the responsibility by the Legislature of the State of California for the
administration of a $5,000,000 grant to the City of Cupertino for McClellan Road
Bridge Reconstruction, and setting up the necessary procedures governing the
transfer of funds; and
WHEREAS, said procedures established by the California Department of
Transportation require the applicant’s Governing Body to authorize by resolution
the execution of a Funds Transfer Agreement before submission of said
applications to the State; and
WHEREAS, the Fund Transfer Agreement must be executed with the
California Department of Transportation before such funds can be claimed; and
WHEREAS, the City of Cupertino wishes to delegate the authority to
execute the Funds Transfer Agreement and any amendments thereto and to take
all necessary steps to accept the grant funds to the City Manager; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
designate the City Manager as the person authorized to execute the Funds Transfer
Agreement and any amendments thereto and to take all necessary steps to accept
the grant funds with the California Department of Transportation.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
Resolution No. 23-034
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for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action of executing an agreement to accept grant funds
would have no or only a de minimis effect on the environment. The foregoing
determination is made by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of March, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
3/20/2023
3/22/23