HomeMy WebLinkAboutResolution 2010-051 N.C.S. 04/05/2010Resolution No. 2010-051 N.C.S.
of the City of Petaluma, California
RESOLUTION OF LOCAI, SUPPORT
CMAQ FUNDING
AUTHORIZING T~IE FILING OF AN APPLICATION FOR REGIONAL
TRANSPORTATION FOR I.IVABLE COMMUNITgES FUNDING, COMIVIIT'~'ING TI~E
NECESSAYtY NON-FEDERAL MATCI~ AND STATING ~'HE ASSiJRANC'E TO
COIVIPLE'I'E TI~E PETALi11VIA BOULEVARD SOi1TH ROAD lliET PROJErC'T; AND
APPROVING T~IE USE OF 2008-09 PROPOSI'I'ION 1B LOCAL STREE'I'S AND IZOADS
IIVIPROVEMENT FUNDS AS 1VIATCI-IING FUNDS
WHEREAS, City of Petaluma (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $677,600 in funding from
the federal Congestion Mitigation and Air Quality Improvement (CMAQ) program for the
Petaluma Boulevard South Road Diet (herein referred to as PROJECT) for the MTC Regional
Transportation for Livable Communities (TLC) 2010 Capital Program (MTC Resolution, No.
3925) (herein referred to as PROGRAM); and,
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continued the Congestion
Mitigation and Air Q~uality Improvement Program (CMAQ) (23 U.S.C. §~ 149) through
September 30, 2009; and,
WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be
subseguently extended pending enactment of successor legislation for continued funding; and,
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder,
eligible project sponsors wishing to receive federal Congestion Mitigation and Air Quality
Improvement Program (CMAQ) funds for a project shall submit an application first with the
appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's
Transportation Improvement Program (TIP); and,
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO 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
CMAQ funds; and,
WHEREAS, APPLICANT is an eligible project sponsor for CMAQ funds; and,
W~IEREAS, as part of the application for CMAQ funding, MTC requires a resolution
adopted by the responsible implementing agency stating the following:
1. The commitment of necessary local matching funds of at least 20%.
Resolution No. 2010-051 N.C.S. Page 1
2. That the sponsor understands that the CMAQ funding is fixed at the programmed
amount, and therefore any cost increase cannot be expected to be funded with
additional CMAQ funds.
3. That the project will comply with the procedures specified in Regional Project
Funding Delivery Policy (MTC Resolution No. 3606, revised);.
4. The assurance of the sponsor to complete the project as described in the application,
and if approved, as included in MTC's TIP.
5. That the project will comply with all the project-specific requirements as set forth in
the PROGRAM.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to
execute and tile an application for funding for the PROJECT under the Congestion Mitigation
and Air Quality Improvement Program (CMAQ) of SAFETEA, any extensions of SAFETEA or
any successor legislation for continued funding; and,
BE IT FURT~IER RESOLVED that the APPLICANT by adopting this resolution does
hereby state that:
1. APPLICANT will provide $169,400 in non-federal matching funds.
2. APPLICANT understands that the CMAQ funding for the project is tixed 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 CMAQ funding.
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, as revised).
4. PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount programmed in the MTC federal TIP.
APPLICANT and the PROJECT will comply with the requirements as set forth in the
PROGRAM.
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of CMAQ
funded projects; and,
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an
application for CMAQ funds for the PROJECT; and,
BE IT FURTI-IER 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,
Resolution No. 2010-051 N.C.S. Page 2
BE IT FURTI-~ER RESOL,VED that APPLICANT authorizes its City Manager, or
designee to execute and file an application with MTC for CMAQ funding for the PROJECT as
referenced in this resolution; and,
BE I'T FUR'THER RESOI~VED that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application; and,
BE I'Y" ~URTHER RESOLVED that the MTC is requested to support the application
for the PROJECT described in the resolution and to include the PROJECT, if approved, in
MTC's TIP; and,
BE I'I' FUR'I'HER RESOLVED that Council approves the use of $169,400 of 2008-09
Proposition 1 B Local Streets and Roads Improvement Funds as matching funds to the
PROJECT.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pr ed a to
Council of the City of Petaluma at a Regular meeting on the 5`h day of April, 2010, o
by the following vote:
AYES: Barrett, ViceMayor Glass, Rabbitt, Renee, MayorTorliatt
NOES: Healy
ABSENT: Harris
ABSTAIN: None
~
ATTEST:
City Clerk
City A
Resolution No. 2010-051 N.C.S. Page 3