DRAFT 11/26/24____________
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RESOLUTION NO. _____-24
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 THREE PROJECTS
WHEREAS, the City of Sunnyvale (herein referred to as “Applicant”) is submitting an application to the Metropolitan Transportation Commission (MTC) for $3,672,000 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 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 Poplar Avenue Sidewalk Construction Project, the Sunnyvale Avenue/California Avenue Signal Upgrade Project, and the Mary Avenue/Maude Avenue Signal Upgrade Project (collectively herein referred to as “the Projects”) for the Housing Incentive Pool Grant Program (herein referred to as “the 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), the Carbon 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 California Streets and Highways Code Sections 182.6, 182.7, and 2381(a)(1), and California Government Code Section 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, 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 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
x That the Projects 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 Projects as described in the applications, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
x That the Projects will have adequate staffing resources to deliver and complete the Projects within the schedules submitted with the project applications; and x That the Projects will comply with all project-specific requirements as set forth in the Program; and
x 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 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 Applicant; and
x In the case of a transit project, the Projects 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 Projects 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 the Projects be included in a local congestion management plan, or be consistent with the capital improvement program Attachment 3
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adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, Applicant is authorized to submit an application for Regional Discretionary Funding for each 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 Projects, or the ability of Applicant to deliver such Projects; 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 Projects as referenced in this Resolution; and
WHEREAS, MTC requires that a copy of this Resolution be transmitted to 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. Applicant is authorized to execute and file an application for funding for each of the Projects 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 Regional Discretionary Funding for the Projects is fixed at the MTC-approved programmed amount, and that any cost increases must be funded by 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-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 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 Applicant.
5. The Projects 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.
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6. Applicant has reviewed the Projects and has adequate staffing resources to deliver and complete the Projects within the schedule submitted with the project application.
7. The Projects 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 requrements 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, the Projects are 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).
11. Applicant is an eligible sponsor of Regional Discretionary Funding funded projects.
12. Applicant is authorized to submit an application for Regional Discretionary Funding for the Projects.
13. There is no legal impediment to Applicant making applications for the funds.
14. There is no pending or threatened litigation that might in any way adversely affect the proposed Projects, or the ability of Applicant to deliver such Projects.
15. Applicant authorizes its City Manager or designee to execute and file an application with MTC for Regional Discretionary Funding for the Projects as referenced in this Resolution.
16. A copy of this Resolution shall be transmitted to MTC in conjunction with the filing of the application.
17. MTC is requested to support the applications for the Projects described in the Resolution, and if approved, to include the Projects in MTC's federal TIP upon submittal by the project sponsor for TIP programming.
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Adopted by the City Council at a regular meeting held on ________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
_______________________________ __________________________________
DAVID CARNAHAN LARRY KLEIN
City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
______________________________
REBECCA L. MOON
City Attorney
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