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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />Resolution of Local Support STP/CMAQ Funding <br />RESOLUTION NO. 2010 - <br />CITY COUNCIL AUTHORIZATION TO FILE AN APPLICATION FOR FEDERAL SURFACE <br />TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION AND AIR <br />QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE NECESSARY NON- <br />FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT. <br />WHEREAS, the City of San Leandro (herein referred to as APPLICANT) is submitting an <br />application to the Metropolitan Transportation Commission (MTC) for $4,610,000.00 in funding from the <br />federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement <br />(CMAQ) program for the "BART-Downtown Pedestrian Interface Implementation project" (herein referred <br />to as PROJECT) for the MTC Resolution, No. 3925, New Federal Surface Transportation Act (FY 2009-10, <br />FY 2010-11 and FY 2011-12) Cycle 1 STP/CMAQ Program: Project Selection Criteria, Policy, Procedures <br />and ProQrammina (herein referred to as PROGRAM); and <br />WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for <br />Users (SAFETEA) (Public Law 109-59, August 10, 2005) authorized the Surface Transportation Program <br />(23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) <br />(23 U.S.C. § 149) through September 30, 2009; and <br />WHEREAS, SAFETEA has been extended through December 31, 2010 pursuant to Public Law <br />111-147, March 18, 2010 and may be subsequently extended pending enactment of successor legislation for <br />continued funding; and <br />WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project <br />sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air <br />Quality Improvement Program (STP/CMAQ) funds for a project shall submit an application first with the <br />appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's <br />Transportation Improvement Program (TIP); and <br />WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine counties <br />of the San Francisco Bay region; and <br />WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution <br />No. 3606, revised) that sets out procedures governing the application and use of STP/CMAQ funds; and <br />WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and <br />WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution adopted <br />by the responsible implementing agency stating the following: <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 amount, and <br />therefore any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and <br />3) That the project will comply with the procedures specified in Regional Project Funding Delivery <br />Policy (MTC Resolution No. 3606, revised); and <br />4) The assurance of the sponsor to complete the project as described in the application, and if approved, <br />as included in MTC's TIP; and <br />5) That the project will comply with all the project-specific requirements. <br />NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file <br />an application for funding for the PROJECT under the Surface Transportation Program (STP) and <br />