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HomeMy WebLinkAboutReso 33-2006 RESOLUTION NO. 33-2006 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR THE BART LINEAR PARK AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF CITY OF SOUTH SAN FRANCISCO TO COMPLETE THE PROJECT WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10,2005) continues the Surface Transportation Program (23 D.S.C. S 133 and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.c. S 149); and WHEREAS, the SAFETEA legislation will guide STP, CMAQ, and TE programming until a SAFETEA bill is authorized; and WHEREAS, pursuant to SAFETEA, and the regulations promulgated there under, eligible project sponsors wishing to receive Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program grants for a project shall submit an application first with the appropriate metropolitan transportation planning organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission is the MPO for the San Francisco Bay region; and WHEREAS, the City is an eligible project sponsor for Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and WHEREAS, the City wishes to submit an application to MTC for funds from the Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program in fiscal years 2006-07, 2007-08, and 2008-09 for the following project: BART Linear Park, Phase II, Chestnut to Orange Avenue. WHEREAS, MTC requires, as part of the application, a resolution stating the following: 1. The commitment of necessary local matching funds of at least 11.47%; and 2. That the sponsor understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3. The assurance of the sponsor to complete the project as described III the application, and if approved, as programmed in MTC's TIP; and 4. That the sponsor understands that funds must be obligated by June 30 of the year that the project is programmed for in the TIP, or the project may be removed from the program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council is authorized to execute and file an application for funding under the Surface Transportation Program or the Congestion Mitigation and Air Quality Improvement Program of SAFETEA in the amount of $537,000 for the Linear Park; and BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco by adopting this resolution does hereby state that: 1. The City will provide not less than $62,000 in non-federal matching funds; and 2. The City understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the project is fixed at $537,000, and that any cost increases must be funded by the City from local matching funds, and that the City does not expect any cost increases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvement Program funds; and 3. The Linear Park will be built as described in this resolution and, if approved, for the amount shown in the Metropolitan Transportation Commission (MTC) Transportation Improvement Program (TIP) with obligation occurring within the time frame established below; and 4. The program funds are expected to be obligated by June 30 of the year the project is programmed for in the TIP. BE IT FURTHER RESOLVED that the City is an eligible sponsor of projects in the STP, CMAQ, and TE Program; and BE IT FURTHER RESOLVED that the City is authorized to submit an application for STP, CMAQ, and TE funds for the Linear Park; and BE IT FURTHER RESOLVED that there is no legal impediment to the City making applications for STP, CMAQ, and TE funds; and BE IT FURTHER RESOLVED that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City to deliver such project, and BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing ofthe application; and BE IT FURTHER RESOLVED that the MTC is requested to support the application for the project described in the resolution and to program the project, if approved, in MTC's TIP. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th day of June 2006 by the following vote: AYES: Councilmembers Mark N. Addiego, Pedro Gonzalez and Karyl Matsumoto, Vice Mayor Richard A. Garbarino and Mayor Joseph A. Femekes NOES: None ABSTAIN: None ABSENT: None ATTEST: 4.19 !vIa /h. i City Clerk ~