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Council Agenda: 5-4-2021
Item No.: 1.K.
RESOLUTION NO. 1051-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE OF LOCAL SUPPORT FOR
AUTHORIZING THE FILING OF AN APPLICATION FOR
FUNDING ASSIGNED TO THE METROPOLITAN
TRANSPORTATION COMMISSION AND COMMITTING
ANY NECESSARY MATCHING FUNDS AND STATING
ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, City of Sunnyvale (herein refe rred to as “Applicant”) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,900,000 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 Surface Transportation Block Grant Program (STP) funding, Congestion Mitiga tion and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (T A) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as “Regional Discre tionary Funding”) for the Sunnyvale Bicycle, Pedestrian, and SRTS Safety Improvements Projec t (herein referred to as “Project”) for the Safe & Seamless Mobility Quick-Strike Grant (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 need s 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 Pr oject Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out pr ocedures governing the application and use of Regional Discretionary Funding; and
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Council Agenda: 5-4-2021
Item No.: 1.K.
WHEREAS, Applicant 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 responsible implementing agency stating the following:
x The commitment of any required matching funds; and
x That the sponsor understands that the Region al 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
x 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
x 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
x The Project will have adequate staffing resources to deliver and complete the Project within the schedule submitted with the project application; and
x The Project will comply with all project-specific requirements as set forth in the Program; and
x 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 ma y arise during the federal programming and delivery process for all FHWA- and CTC-fu nded transportation and transit projects implemented by Applicant; and
x 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
x 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 install and activate TOS elements on new major freeway projects; and
x 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
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Council Agenda: 5-4-2021
Item No.: 1.K.
WHEREAS, that Applicant is authorized to submit an application for Regional Discretionary Funding for the Project; and
WHEREAS, there is no legal impediment to 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 Re gional 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 BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. 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.
2. Applicant will provide any required matching funds.
3. Applicant understands that the Regiona l Discretionary Funding for the project is fixed at the MTC approved progr ammed 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 funded with additional Regional Discretionary Funding.
4. 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, revised) and Applicant has, and will retain the expertise, knowledge and resources necessary to deliver federally-fund ed 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 respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal pr ogramming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by Applicant.
5. 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.
6. Applicant has reviewed the Project and ha s adequate staffing resources to deliver and complete the Project within the schedule submitted with the project application.
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Council Agenda: 5-4-2021
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7. Project will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the Program.
8. In the case of a transit project, Applicant agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised.
9. In the case of a highway project, Applicant agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104.
10. In the case of an RTIP project, Pr oject is included in a local congestion management plan, or is consistent with the capital improve ment program adopted pursuant to MTC’s funding agreement with the countywide transportation agency.
11. Applicant is an eligible sponsor of Regional Discretionary Funding funded projects.
12. Applicant is authorized to submit an application for Re gional Discretionary Funding for the Project.
13. There is no legal impediment to Appli cant making applications for the funds.
14. There is no pending or threatened litigati on that might in any way adversely affect the proposed Project, or the ability of Applicant to deliver such Project.
15. Applicant authorizes its Executive Dir ector, General Manager, City Manager, or designee to execute and file an application with MTC for Regional Discretionary Funding for the Project as referenced in this Resolution.
16. A copy of this Resolution will be tran smitted to the MTC in conjunction with the filing of the application.
17. The MTC is requested to support the app lication 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.
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Council Agenda: 5-4-2021
Item No.: 1.K.
Adopted by the City Council at a regular meeting held on May 4, 2021, by the following vote:
AYES: KLEIN, HENDRICKS, LARSSON, MELTON, FONG, CISNEROS, DIN NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSAL: NONE
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
JOHN A. NAGEL
City Attorney
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