102-Draft Resolution.pdf
RESOLUTION NO. 10-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
EXPRESSING LOCAL SUPPORT FOR THE STP/CMAQ FUNDING PROGRAM,
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION (STP) AND/OR CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY
NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE
PROJECT
WHEREAS, Cupertino (herein referred to as APPLICANT) is submitting an application to the
Metropolitan Transportation Commission (MTC) for $500,000 in funding from the federal Surface
Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ)
program for the Cupertino Local Streets Pavement Rehabilitation 2010 Project (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) authorized 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 through December 31, 2010 pursuant to Public Law
111-147, March 18, 2010 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, APPLICANT 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:
1) the commitment of necessary local matching funds of at least 11.47%; and
2)that 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)that the project will comply with the procedures specified in Regional Project Funding Delivery
Policy (MTC Resolution No. 3606, revised); and
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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.; and
6)that the project (transit only) will comply with MTC Resolution No. 3866, which sets forth the
requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver
transit projects in the region.
NOW, THEREFORE, BE IT RESOLVED that the City Manageris authorized to execute and
file an application for funding for the PROJECTunder 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, and is authorized to receive and
appropriate the resulting funds and take all related necessary actions; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1.APPLICANT will provide $65,000 in non-federal matching funds; and
2.APPLICANT 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
APPLICANT from other funds, and that APPLICANT does not expect any cost increases to
be fundedwith additional STP/CMAQ funding; and
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, as revised); and
4.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
5.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; and
6.APPLICANT and the PROJECT will comply with the requirements as set forth in the
program; and therefore be it further
RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded projects; and be it
further
RESOLVED that APPLICANT is authorized to submit an application for STP/CMAQ funds 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 STP/CMAQ 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 be it further
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RESOLVED that 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 TIP.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
th
day of November 2010 by the following vote:
this 16
VoteMembers of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:APPROVED:
_________________________ __________________________
City ClerkMayor,City of Cupertino
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