APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO:
(1) ACCEPT AND APPROPRIATE $1,500,000 IN GRANT FUNDS FROM THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC) PARKING
MANAGEMENT IMPLEMENTATION CAPITAL GRANT PROGRAM;
(2) FILE AN APPLICATION FOR FUNDING ASSIGNED TO MTC,
(3) COMMIT MATCHING FUNDS OF $194,341 FROM MEASURE B/BB GRANT MATCHING FUNDS;
(4) ADD ONE FULL TIME THREE YEAR LIMITED DURATION
TRANSPORTATION PLANNER I POSITION IN THE DEPARTMENT OF
TRANSPORTATION FISCAL YEAR 2024-25 MID-CYCLE BUDGET PROPOSAL TO IMPLEMENT THE GRANT FUNDED OAKPARK+ PROJECT;
(5) STATE ASSURANCE TO COMPLETE THE PROJECT; AND
(6) ADOPT APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
WHEREAS, the Oakland Department of Transportation is tasked with improving transportation choices and minimizing parking demand, congestion, and pollution in the City of Oakland (City); and
WHEREAS, the City, through its Transit First Policy (Resolution No. 73036 CMS), supports a shift from private vehicles to public transit or other transportation modes that also reduces an individual’s transportation costs, thereby freeing up personal resources for other important needs; and
WHEREAS, the City’s parking system is managed as an asset that helps bolster the economic vitality of neighborhood commercial areas, as stated in the City’s Parking Principles (Resolution No. 84664 CMS); and
Celso Ortiz (Oct 6, 2023 13:16 PDT)
2 WHEREAS, Staff applied for, and were awarded, $1,500,000 in funding from the Metropolitan Transportation Commission (MTC) Parking Management Implementation Capital Grant Program for a project titled “OakPark+”; and
WHEREAS, The scope of work for OakPark+ includes expanding demand- responsive parking pricing to all metered areas, piloting the installation of parking sensors in high-value metered spaces to efficiently collect occupancy data, implementing all -week retail-friendly metered parking, adding 500 new metered parking spaces, and creating a permanent Universal Basic Mobility Program; and
WHEREAS, The Oakland Department of Transportation (herein referred to as APPLICANT) is submitting an application to the MTC for $1,500,000 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 S urface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set - aside/Active Transportation Program (ATP) funding, and Regional Transportation Improveme nt Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the OakPark+ Project (herein referred to as PROJECT) for the One Bay Area Grant funding (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, (collectively, the FEDERAL TRANSPORTATION ACT) 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) and the Transportation Alternatives (TA) set -aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including 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
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, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
3 WHEREAS, as part of the appli cation for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
● the commitment of any required matching funds; and
● that the sponsor understands that the REGIONAL DISCRETIONARY FUNDI NG 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
● that 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 APPLICANT 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 Congestion Management Agency (CMA), 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 APPLICANT; 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 countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to the APPLICANT 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 APPLICANT to deliver such PROJECT; and
WHEREAS, 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; 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, BE IT RESOLVED that the APPLICANT 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; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further
RESOLVED that 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 4 expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further
RESOLVED that APPLICANT understands the funding deadline s 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 and transit projects, and 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 respec tive Congestion Management Agency (CMA), 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 APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further
RESOLVED, that $1,500,000 in regional discretionary funds will be accepted and appropriated into Fund 2163 - Metro Transportation Com: Program Grant , project numbers to be determined; and be it further
RESOLVED, that $194,341 in matching funds is available in in Fund 2218 - Measure BB - Local Streets and Roads, Project 1001512 – LS&R Grant Matching Funds , and be it further
RESOLVED, that the City Administrator or Designee is directed to add one full-time, three- year exempt limited duration employee (ELDE) Transportation Planner I position in the Fiscal Year 2024-25 Mid-cycle Budget proposal to implement the OakPark+ 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 City Administrator, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
5 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
RESOLVED that 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; and be it
FURTHER RESOLVED: That the Council finds and determines that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 (existing facilities), 151 (projects consistent with General Plan and Zoning), and 15061(b)(3) (no significant effect on the environment) and the City Administrator or designee is authorized to file a Notice of Determination/Notice of Exemption with the clerk of the County of Alameda on this project; and be it
FURTHER RESOLVED, That the City Administrator is authorized on behalf of the City of Oakland to execute and submit all documents, payment requests, and related actions consistent with the authorizations set forth in this Resolution.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council
of the City of Oakland, California