Resolution 2026-XX Page 1 of 5
DRAFT
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING TO
THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE
DECOTO ROAD COMPLETE STREETS PROJECT, COMMITTING
NECESSARY MATCHING FUNDS, AND AFFIRMING ASSURANCE TO
COMPLETE THE PROJECT
WHEREAS, the City of Fremont is submitting an application to the Metropolitan Transportation Commission (MTC) for $4 million 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 Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as Regional Discretionary Funding) for the Decoto Road Complete Streets Project (herein referred to as Project) for the 2026 State Transportation Improvement Program (herein referred to as Program); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, including but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133) (collectively, the Federal Transportation Act); and
WHEREAS, state statutes such as California Streets and Highways Code §182.6, §182.7, and §2381(a)(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 the Federal Transportation Act 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
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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, the City of Fremont 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 legislative body of 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
• 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 City of Fremont 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 County Transportation Agency (CTA), 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 the City of Fremont; 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 (TOS) Policy to Resolution 2026-XX Page 3 of 5
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 County Transportation Agency (CTA); and
WHEREAS, the City of Fremont is authorized to apply for Regional Discretionary Funding for the Project; and
WHEREAS, there is no legal impediment to the City of Fremont 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 City of Fremont to deliver such Project; and
WHEREAS, the City of Fremont authorizes its City 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, THE CITY COUNCIL OF THE CITY OF
FREMONT RESOLVES AS FOLLOWS:
Section 1. The City of Fremont is authorized to execute and file an application for funding for the Project for Regional Discretionary Funding under the Federal Transportation Act or continued funding.
Section 2. The City of Fremont will provide any required matching funds for the Project.
Section 3. The City of Fremont 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 City of Fremont from other funds, and that the City of Fremont does not expect any cost increases to be funded with additional Regional Discretionary Funding.
Section 4. The City of Fremont 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). The City of Fremont 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 Resolution 2026-XX Page 4 of 5
coordinate within the agency and with the respective County Transportation Agency (CTA), 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 the City of Fremont.
Section 5. The City will complete the Project as described in the funding application, subject to environmental clearance, and as approved by MTC and for the amount programmed in the federal Transportation Improvement Program (TIP).
Section 6. The City of Fremont has reviewed the Project and has adequate staffing resources to deliver and complete the Project within the schedule submitted with the project application.
Section 7. The Project will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the Program.
Section 8. In the case of a transit project, the City of Fremont agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, as revised.
Section 9. In the case of a highway project, the City of Fremont agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104.
Section 10. 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 County Transportation Agency (CTA).
Section 11. The City of Fremont is an eligible sponsor of projects funded under the Regional Discretionary Funding program.
Section 12. The City of Fremont is authorized to submit an application for Regional Discretionary Funding for the Project.
Section 13. There is no legal impediment for the City of Fremont to apply for funds for this Project.
Section 14. There is no pending or threatened litigation that might in any way adversely affect the proposed Project, or the ability of the City of Fremont to deliver such Project.
Section 15. The City of Fremont authorizes its City Manager, or designee to execute and file an application with MTC for Regional Discretionary Funding for the Project as referenced in this resolution.
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Section16. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application.
Section 17. 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.
ADOPTED, , 2025 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney