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<br />IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> <br />RESOLUTION NO. 2007-064 <br /> <br />(1980/3025) <br /> <br />RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION <br />FOR FEDERAL CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT <br />(CMAQ) FUNDING IN THE AMOUNT OF $750,000 AND COMMITTING THE <br />NECESSARY NON-FEDERAL MATCH AND ASSURING THE COMPLETION OF THE <br />CONSTRUCTION OF THE BAY TRAIL SLOUGH BRIDGE PROJECT, <br />PROJECT NO. 144-36-012 <br /> <br />WHEREAS, the City of San Leandro, herein referred as "Applicant", is submitting an <br />application to the Metropolitan Transportation Commission (MTC) for $750,000 in funding from <br />the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality <br />Improvement (CMAQ) program for the Bay Trail Slough Bridge, herein referred as "Project", for <br />the MTC Regional Bicycle and Pedestrian Program and MTC Resolution 3723, "SAFETEA <br />Third Cycle STP/CMAQ Project Selection Criteria and Programming Policy"; MTC Funding <br />Program: SAFETEA Third Cycle STP/CMAQ, herein referred as Program; and <br /> <br />WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A <br />Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continues the Surface <br />Transportation Program (23 US.C. 9 133) and the Congestion Mitigation and Air Quality <br />Improvement Program (CMAQ) (23 US.C. 9 149); and <br /> <br />WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible <br />project sponsors wishing to receive federal Surface Transportation Program and/or Congestion <br />Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit <br />an application first with the appropriate Metropolitan Planning Organization (MPO), for review <br />and inclusion in the MPO's Transportation Improvement Program (TIP); and <br /> <br />WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the <br />nine counties of the San Francisco Bay region; and <br /> <br />WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC <br />Resolution No. 3606, revised) that sets out procedures governing the application and use of <br />STP/CMAQ funds; and <br /> <br />WHEREAS, Applicant is an eligible project sponsor for STP/CMAQ funds; and <br /> <br />WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a <br />resolution adopted by the responsible implementing agency stating the following: <br /> <br />1. the commitment of necessary local matching funds of at least 11.47%; and <br />2. that the sponsor understands that the STP/CMAQ funding is fixed at the programmed <br />amount, and therefore, any cost increase cannot be expected to be funded with additional <br />STP/CMAQ funds; and <br />