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CC Resolution No. 24-063 to request the Metropolitan Transportation Commission allocation of FY 2024-2025 Transportation Development RESOLUTION NO. 24-063 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR AN ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING FOR FISCAL YEAR 2024/ 25 WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; WHEREAS, the City of Cupertino desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore; BE IF FURTHER RESOLVED, that the City of Cupertino declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore; RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Cupertino to carry out the project; and furthermore; RESOLVED, that the City of Cupertino attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore; and Resolution No. 24-063 Page 2 RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. The City of Cupertino adopted this resolution on June 18, 2024. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024, by the following vote: Members of the City Council AYES: Mohan, Fruen, Chao, Moore, Wei NOES: None ABSENT: None ABSTAIN: None SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 06/26/24 06/26/24 Resolution No. 24-063 Page 3 Resolution No. 24-063 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the City of Cupertino is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Cupertino legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the City of Cupertino has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an Resolution No. 24-063 Page 4 allocation of TDA Article 3 funding for such a plan has not been received by the City of Cupertino within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project. 9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document. 10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years). 11. That the City of Cupertino agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. Resolution No. 24-063 Page 5 Resolution No. 24-063 Attachment B TDA Article 3 Project Application Form 1. Agency City of Cupertino 2. Primary Contact David Stillman 3. Mailing Address 10300 Torre Ave, Cupertino, CA 95014 4. Email Address davids@cupertino.gov 5. Phone Number (408) 777-3249 6. Secondary Contact (in the event primary is not available) Matthew Schroeder 7. Mailing address (if different) N/A☒ 8. Email Address matts@cupertino.gov 9. Phone Number 408-777-3174 10. Send allocation instructions to (if different from above): 11. Project Title Cupertino Active Transportation Plan 12. Amount requested $330,000 13. Fiscal Year of Claim 2024/2025 14. Description of Overall Project: The Cupertino Active Transportation Plan (ATP) aims to enhance the City's transportation infrastructure by promoting and facilitating active transportation modes, such as walking and bicycling, for all ages and abilities over the next ten years. This strategic project will consolidate and update Cupertino's existing Bicycle Plan (2016) and Pedestrian Plan (2018), integrating them into a single document that reflects the latest in design practices and policies. The project will review existing infrastructure, policies, and community needs associated with bicycling and walking. This analysis will involve data collection and close community engagement with diverse stakeholders, including local businesses, schools, and community organizations. Resolution No. 24-063 Page 6 15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) 16. Project Location: A map of the project location is attached or a link to an online map of the project location is provided below: Project Relation to Regional Policies (for information only) 17. Is the project in an Equity Priority Community? Yes☐ No☒ The project will rely on data analysis, community engagement, and a review of modern best practices to develop a comprehensive ATP for the City of Cupertino. It will identify current gaps in the pedestrian and bicycle networks and examine collision and injury data to propose infrastructure improvements that will increase safety and accessibility for all non-motorized roadway users. Community input will shape the final recommendations, ensuring the ATP aligns with local needs and values. Key deliverables include implementation strategies, budget estimates, and a prioritized list of capital projects with a phased project delivery schedule. Resolution No. 24-063 Page 7 18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐ 19. Project Budget and Schedule Project Eligibility A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. May 15, 2024 - Agenda If "NO," provide an explanation). B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: June 18, 2024 C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page) D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☐ No☐ Existing Facility? 2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate. Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year) Bike/Ped Plan $330,000 July '26 ENV PA&ED PS&E ROW CON Total Cost Resolution No. 24-063 Page 8 F. Estimated Completion Date of project (month and year): July 2025 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☐ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.) H. Is a Complete Streets Checklist required for this project? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets