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RESOLUTION NO. 10 -399 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, <br /> AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL <br /> CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ) <br /> FUNDING AND COMMITTING THE NECESSARY NON - FEDERAL MATCH <br /> AND STATING THE ASSURANCE TO COMPLETE THE FOOTHILL ROAD AT <br /> 1 -580 INTERCHANGE AND BIKE LANE PROJECT <br /> WHEREAS, City of Pleasanton (herein referred to as APPLICANT) is submitting an <br /> application to the Metropolitan Transportation Commission (MTC) for $708,000 in funding from <br /> the Congestion Mitigation and Air Quality Improvement (CMAQ) program for the Foothill Road <br /> at 1 -580 Interchange and Bike Lane Project for the MTC Resolution, No. 3925, New Federal <br /> Surface Transportation Act (FY 2009 -10, FY 2010 -11 and FY 2011 -12) Cycle 1 STP /CMAQ <br /> Program: Project Selection Criteria, Policy, Procedures and Programming (herein referred to as <br /> PROGRAM); and <br /> WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A <br /> Legacy for Users (SAFETEA) (Public Law 109 -59, August 10, 2005) authorized the Congestion <br /> Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) through September <br /> 30, 2009; and <br /> WHEREAS, SAFETEA has been extended through December 31, 2010 pursuant to <br /> Public Law 111 -147, March 18, 2010 and may be subsequently extended pending enactment of <br /> successor legislation for continued funding; and <br /> WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible <br /> project sponsors wishing to receive federal Congestion Mitigation and Air Quality Improvement <br /> Program (CMAQ) funds for a project shall submit an application first with the appropriate <br /> Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation <br /> Improvement Program (TIP); and <br /> WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine <br /> counties of the San Francisco Bay region; and <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 /> CMAQ funds; and <br /> WHEREAS, APPLICANT is an eligible project sponsor for CMAQ funds; and <br /> WHEREAS, as part of the application for CMAQ funding, MTC requires a resolution <br /> adopted 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 CMAQ funding is fixed at the programmed <br /> amount, and therefore any cost increase cannot be expected to be funded with <br /> additional CMAQ funds; and <br />