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HomeMy WebLinkAboutResolution 2012-164 N.C.S. 11/19/2012 Resolution No. 2012-164 N.C.S. of the City of Petaluma, California STATING LOCAL SUPPORT FOR MTC DISCRETIONARY FUNDING, AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC, COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE CITY OF PETALUMA'S ASSURANCE TO COMPLETE THE PROJECT WHEREAS, the City of Petaluma (CITY) is submitting an application to the Metropolitan Transportation Commission (MTC) for$2,000,000 in funding assigned MTC for programming discretion, including but not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the (PETALUMA VARIOUS PAVEMENT REHABILITATION (PROJECT) for the STP (herein referred to as PROGRAM); and, WHEREAS, the Moving Ahead for Progress in the 21st Century Act (Public Law 112- 141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation 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 Program (TA) (23 U.S.C. § 213); and; WHEREAS, state statutes, including California Streets and Highways Code 182.6 and 182.7 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 MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP); and, Resolution No. 2012-164 N.C.S. Page I 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 federal funds; and, WHEREAS, CITY 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: 1. The commitment of any required matching funds of at least 11.47%; and, 2. 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, 3. 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, 4. The assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and, 5. That the project will comply with all project-specific requirements as set forth in the PROGRAM; and, 6. That the project(transit only) 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. NOW, THEREFORE, BE IT RESOLVED that the CITY is authorized to execute and tile an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding. Resolution No. 2012-164 N.C.S. Page 2 BE IT FURTHER RESOLVED that: 1. CITY will provide $229,400in matching funds; and, 2. CITY 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 CITY from other funds, and that CITY does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and, 3. CITY 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 CITY has, and will retain the expertise, knowledge and resources necessary to deliver federally- funded transportation projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by CITY; and, 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP; and, 5. CITY and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and 6. CITY (for a transit project only) agrees to comply with the requirements of MTC's Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised. BE IT FURTHER RESOLVED that: 7. CITY is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and, Resolution No. 2012-164 N.C.S. Page 3 8. CITY is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and, 9. There is no legal impediment to CITY making applications for the funds; and, 10. There is no pending or threatened litigation that might in any way-adversely affect the proposed PROJECT, or the ability of CITY to deliver such PROJECT; and, 11. CITY authorizes its 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, 12. A copy of this resolution shall be transmitted to the MTC in conjunction with the filing of the application; and, 13. 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 federal TIP. 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 .rove as to Council of.the City of Petaluma at a Regular meeting on the I9'h day of November. torn :A 2012,by the following vote: - Crtv Attorney AYES: Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney NOES: None ABSENT: Vice Mayor Renee ABSTAIN: None I ATTEST: -a OA A L :sat! • '�, • City Clerk V Mayor Resolution No. 2012-164 N.C.S. Page 4