CC Resolution 12562 RESOLUTION NO. 12562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ASSURING THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA)
AND METROPOLITAN TRANSPORTATION COMMISSION (MTC) THAT THE CITY
OF CAMPBELL WILL COMPLETE THE HARRIET AVENUE SIDEWALK PROJECT
UNDER THE VTA'S VEHICLE EMISSIONS REDUCTION BASED AT SCHOOLS
(VERBS) PROGRAM
WHEREAS, the City of Campbell (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $1 ,000,000 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, 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 Harriet Avenue Sidewalk Project (herein referred
to as PROJECT) for the Vehicle Emissions Reduction Based at School 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, (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
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 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
• 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 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 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
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 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 expect any cost increases to be funded with additional
REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that 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 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, 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; and
BE IT FURTHER RESOLVED that, 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; 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 countywide
transportation agency; 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 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 Executive Director,
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; 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 TIP upon submittal by the project sponsor for TIP programming.
PASSED AND ADOPTED this 3rd day of March, 2020, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman. Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVEQ:
Susan M. Landry, Mayor
ATTEST:
1,24 Jrni
Wendy vw.d, City Clerk