CC Resolution 10613
RESOLUTION NO.
10613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM FUNDING FOR COLLECTOR STREET RUBBER'
CAPE SEAL PROJECT AND COMMITTING THE NECESSARY NON-FEDERAL
MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF
CAMPBELL TO COMPLETE THE PROJECT
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continues the
Surface Transportation Program (23 U.S.C. S 133 and the Congestion Mitigation and Air
Quality Improvement Program (CMAQ) (23 U.S.C. S 149); and
WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE programming until
a SAFETEA bill is authorized; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder,
eligible project sponsors wishing to receive Surface Transportation Program or
Congestion Mitigation and Air Quality Improvement Program grants for a project shall
submit an application first with the appropriate metropolitan transportation planning
organization (MPO), for review and inclusion in the MPO's Transportation Improvement
Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission is the MPO for the San
Francisco Bay region; and
WHEREAS, the City of Campbell is an eligible project sponsor for Surface
Transportation Program or Congestion Mitigation and Air Quality Improvement Program
funds; and
WHEREAS, the City of Campbell wishes to submit an application to MTC for funds from
the Surface Transportation Program Improvement Program in fiscal years 2007-08 and
2008-09 for the following project:
Collector Street Rubber Cape Seal Project
WHEREAS, MTC requires, as part of the application, a resolution stating the following:
1) the commitment of necessary local matching funds of at least 11.47%; and
2) that the sponsor understands that the Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding is fixed at
the programmed amount, and therefore any cost increase cannot be expected to
be funded with Surface Transportation Program or Congestion Mitigation and Air
Quality Improvement Program funds; and
3) the assurance of the sponsor to complete the project as described in the
application, and if approved, as programmed in MTC's TIP; and
4) that the sponsor understands that funds must be obligated by June 30 of the year
that the project is programmed for in the TIP, or the project may be removed from
the program; and
5) that the sponsor has a certified pavement management system (PMS).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell
that the City of Campbell is hereby authorized to execute and file an application for
funding under the Surface Transportation Program of SAFETEA in the amount of
$299,387 for the Collector Street Rubber Cape Seal Project; and
BE IT FURTHER RESOLVED that the City Council of the City of Campbell by adopting
this resolution does hereby state that:
1) The City of Campbell will provide $38,789 in non-federal matching funds; and
2) The City of Campbell understands that the Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program funding for the
project is fixed at $299,387, and that any cost increases must be funded by the
City of Campbell from local matching funds, and that the City of Campbell does
not expect any cost increases to be funded with Surface Transportation Program
or Congestion Mitigation and Air Quality Improvement Program funds; and
3) The Collector Street Rubber Cape Seal Project will be built as described in this
resolution and, if approved, for the amount shown in the Metropolitan
Transportation Commission (MTC) Transportation Improvement Program (TIP)
with obligation occurring within the timeframe established below; and
4) The program funds are expected to be obligated by June 30 of the year the
project is programmed for in the TIP.
BE IT FURTHER RESOLVED that the City of Campbell is an eligible sponsor of
projects in the Surface Transportation Program; and
BE IT FURTHER RESOLVED that the City of Campbell is authorized to submit an
application for Surface Transportation Program funds for the Collector Street Rubber
Cape Seal Project; and
BE IT FURTHER RESOLVED that there is no legal impediment to the City of Campbell
making application for Local Streets and Roads Shortfall Program funds; and
BE IT FURTER RESOLVED that there is no pending or threatened litigation which
might in any way adversely affect the proposed project, or the ability of the City of
Campbell to deliver such project; 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 to program the project, if approved, in MTC's
TIP.
PASSED AND ADOPTED this ih day of March, 2006, by the following roll call vote:
AYES:
Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ABSTAIN:
Councilmembers: None
A
APPROVED:
~~
nette Watso~, Mayor
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ORCHARO.
CITY OF CAMPBELL
City Attorney's Office
PLEASE RESPOND TO:
OPINION OF LEGAL COUNSEL
333 Church St.
Suite A
Santa Cruz, CA 95060
TEL 831.423.8383
FAX 831.438.0104
To: Metropolitan Transportation Commission
From: William Seligmann, City Attorney, City of Campbell
Re: Eligibility for STP, CMAQ, and TE Third Cycle Program Funds for
SAFETEA
This communication will serve as the requisite opinion of counsel in connection
with the application of the City of Campbell for funding from the STP, CMAQ, and
TE Third Cycle Program made available pursuant to the SAFETEA.
1 . The City of Campbell is an eligible sponsor of projects for the STP,
CMAQ, and TE Third Cycle Program for SAFETEA.
2. The City of Campbell is authorized to submit an application for STP,
CMAQ, and TE Third Cycle Program funding for SAFETEA for the
Collector Street Rubber Cape Seal Project.
3. I have reviewed the pertinent state laws and I am of the opinion that there
is no legal impediment to the City of Campbell making application for STP,
CMAQ, and TE Third Cycle Program funds for SAFETEA. Furthermore,
as a result of my examinations, I find that there is no pending or
threatened litigation, which might in any way adversely affect the proposed
projects, or the ability of the City of Campbell to carry out such projects,
Wi!' Seligmann, Esq.
City Attorney
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2129 . FAX 408.374.6889 . TDD 408.866.2790