2023/03/14 City Council Resolution 2023-016 RESOLUTION NO. 2023-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO
THE METROPOLITAN TRANSPORTATION COMMISSION,
COMMITTING MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE
THE HIGHWAY 101 BICYCLE AND PEDESTRIAN OVERCROSSING AT
COPELAND CREEK
WHEREAS,the CITY OF ROHNERT PARK(herein referred to as APPLICANT) is
submitting an application to the Metropolitan Transportation Commission (MTC) for
$3,350,000 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 Highway 101 Bicycle and Pedestrian Overcrossing at Copeland Creek
(herein referred to as PROJECT) for the State Transportation Improvement 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
• that the PROJECT is consistent with the City's capital improvement program; 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
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WHEREAS,APPLICANT 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
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.
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching
funds.
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.
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.
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.
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.
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.
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.
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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.
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of
REGIONAL DISCRETIONARY FUNDING funded projects.
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an
application for REGIONAL DISCRETIONARY FUNDING for the PROJECT.
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT
making applications for the funds.
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.
BE IT FURTHER RESOLVED that APPLICANT 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.
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to
the MTC in conjunction with the filing of the application.
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.
DULY AND REGULARLY ADOPTED this 14th day of March, 2023.
CITY OF ROHNERT PARK
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Sylvia Lopez Cuevas, City Clerk
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Resolution 2023-016
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