APPROVED AS TO FORM AND LEGALITY
_________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
1) AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN
APPLICATION WITH THE METR OPOLITAN TRANSPORTATION
COMMISSION (MTC) FOR REGIONAL DISCRETIONARY FUNDING
IN THE AMOUNT OF TWO MILLI ON TWO HUNDRED FIFTY-SIX
THOUSAND DOLLARS ($2,256,000);
2) ACCEPTING AND APPROPRIATING TWO MILLION TWO
HUNDRED FIFTY-SIX THOUS AND DOLLARS ($2,256,000) FROM
MTC FOR THE 42
ND AND HIGH STREET I-880 ACCESS
IMPROVEMENTS PROJECT;
3) COMMIT MATCHING FUNDS IN AN AMOUNT UP TO TWELVE
MILLION THREE HUNDRED THOUSAND DOLLARS ($12,300,000);
4) STATING ASSURANCES TO COMPLETE THE 42ND AND HIGH
STREET I-880 ACCESS IMPROVEMENTS PROJECT; AND
5) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS
WHEREAS, the City of Oakland ( City) is submi tting an application to the Metropolitan Transportation Commission (MTC) for Two Milli on Two Hundred Fifty-Six Thousand Dollars ($2,256,000) in funding assigned to MTC for progr amming 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 funding, Congestion Mitigation and Air Quality Improvement Program funding, Carbon Reduction Program funding, Tran sportation Alternatives set-aside/Active Transportation Program (ATP) funding, and Re gional Transportation Improvement Program (RTIP) funding (collectively referred to as REGIONAL DIS CRETIONARY FUNDING) for the 42ND and High Street I-880 Access Improvements Project (PROJECT) for the State Transportation Improvement Program (PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various tr ansportation 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 Congest ion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carb on Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including Califor nia Streets and Hi ghways Code §182.6, §182.7, and §2381(a)(1), and California Governme nt Code §14527, provide various funding programs for the programming disc retion 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 receiv e 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; 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 Projec t Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out pro cedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, the City is an eligible s ponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application 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 th e 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 cl earance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
that the PROJECT will have adequate staf fing 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 the CITY has assigned, and will mainta in a single point of contact for all FHWA- and CTC-funded transportation projects to coor dinate within the agency and with the respective County Transportation Agency, 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-f unded transportation and transit projects implemented by the CITY; and
in the case of a transit project, the PR OJECT will comply with MTC Resolution No.
3866, revised, which sets forth the require ments 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 Operatio ns System (TOS) Policy to install and activate TOS elements on new major freeway projects; and in the case of an RTIP project, state la w requires PROJECT be included in a local congestion management plan, or be consis tent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency; and
WHEREAS, that the City is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to the C ity making applications for the funds; and
WHEREAS, there is no pending or threatened litiga tion that might in any way adversely affect the proposed PROJECT, or the ability of the City to deliver such PROJECT; and
WHEREAS, the City authorizes its City Administrator 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 re solution be transmitted to the MTC in conjunction with the filing of the application; and
WHEREAS, the two million two hundred fifty- six thousand dollars ($2,256,000) in REGIONAL DISCRETIONARY FUNDS will be accepted and appropriated into project and fund numbers to be determined; and
WHEREAS, the matching funds up to twelve million three hundr ed thousand dollars is available as follows: 1) $10,000,000 – already awar ded ACTC Capital Investment Plan grant funds, Project 1003983, Fund 2214 and 2) $2,300,000 fro m Complete Streets Capital Program – Project 1003348, Funds 2214, 2218, 2230, 2232, 5342; now, therefore, be it
RESOLVED: That the City 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 the two million two hundred fifty-six thousand dollars ($2,256,000) in REGIONAL DISCRETIONARY FUNDS will be accepted and appropriated into project and fund numbers to be determined; and be it
FURTHER RESOLVED: That the City will provide a ny required matching funds up to Twelve Million Three Hundred Thousand Dollars ($12,300,000); and be it
FURTHER RESOLVED: That the City 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 th e City from other funds, and that the City does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it
FURTHER RESOLVED: That the City understands th e funding deadlines associated with these funds and will comply with the provis ions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and the City 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 with in the agency and with the respective County Transportation Agency, MTC, Caltrans, FHWA , and CTC on all communications, inquires or issues that may arise during the federal progr amming and delivery pro cess for all FHWA- and CTC-funded transportation and transit projects implemented by the City; 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 the City has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PR OJECT 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, in the case of a highway project, the City agrees to comply with the requirements of MTC’s Traffic Operations System Policy as set forth in MTC Resolution No. 4104; and be it
FURTHER RESOLVED: That, 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; and be it
FURTHER RESOLVED: That the City is an e ligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it
FURTHER RESOLVED: That the City is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it
FURTHER RESOLVED: That there is no legal impediment to the City making applications for the funds; and be it
FURTHER RESOLVED: That there is no pending or thre atened litigation that might in any way adversely affect the proposed PROJECT, or the ability of the City to deliver such PROJECT; and be it
FURTHER RESOLVED: That the City authorizes the City Administrator to execute and file an application with MTC for REGI ONAL DISCRETIONARY 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 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 Transportation Improvement Prog ram upon submittal by the projec t sponsor for Transportation Improvement Program programming; and be it
FURTHER RESOLVED: That the Council finds and determines that a Mitigated Negative Declaration was prepared for this PROJECT pursuant to the provisions of the California Environmental Quality Act (CEQA), that the PROJECT has a less than significant environmental impact, and that a Notice of Determination for the project was approved on February 7, 2012; and be it
FURTHER RESOLVED: That the City Administrator is authorized to execute and submit all documents, payment requests and related acti ons consistent with the purposes of this Resolution.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
NOES ––
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
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