14. Transp. Dev. Act
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CITY OF
CUPEIQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
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AGENDA DATE Mav 16. 2006
SUBJECT AND ISSUE
Adopt a resolution authorizing a request to the Metropolitan Transportation Commission
for an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle
Project grant funding for the Mary Avenue Bicycle Footbridge, in the amount of
$42,193.00.
BACKGROUND
The Santa Clara Valley Transportation Authority (VTA) Board of Directors took action
on August 3, 2000, to dedicate 30% of State Transportation Development Act, Article 3,
(TDA 3) funds to Countywide Bicycle Plan Tier 1 Bicycle Expenditure Program (BEP)
projects. These TDA 3 funds are not part of the already committed VTA Bicycle
Expenditure Program (BEP) funds, but are in addition to those funds. The County and
each city in the County are allocated a minimum portion of the available TDA 3 funds,
based on the particular entity's population as a percentage of the total County population.
The Mary Avenue Bicycle Footbridge project funding includes previous allocations of
these additional TDA 3 funds from Fiscal Years 2004-2005 and 2005-2006. In Fiscal
Year 2006-2007 the City is eligible for a $42,193.00 share of these funds, which can also
be applied to the Mary Avenue Bicycle Footbridge project.
FISCAL IMPACT
Adoption of the resolution will make available an additional $42,193.00 to help fund the
Mary Avenue Bicycle Footbridge project.
Printed on Recycled Paper
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STAFF RECOMMENDATION
Adopt Resolution No. 06- 09.3 , authorizing a request to the Metropolitan
Transportation Commission for an allocation of Transportation Development Act Article
3 Pedestrian and Bicycle Project grant funding for the Mary Avenue Bicycle Footbridge,
in the amount of $42, 193.00.
Submitted by:
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p'~Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
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David W. Knapp
City Manager
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DRAFT
RESOLUTION NO. 06-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT, AND
APPROPRIATE AN ALLOCATION OF FISCAL YEAR 2006-07
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND
BICYCLE PROJECT GRANT FUNDING FROM THE METROPOLITAN
TRANSPORTATION COMMISSION, IN THE AMOUNT OF $42,193.00, FOR
THE MARY AVENUE BICYCLE FOOTBRIDGE
WHEREAS, the City is eligible for a $42,193.00 share of additional
Transportation Development Act Article 3 (TDA) 3 funds that will be available in fiscal
year 2006-2007 through the Metropolitan Transportation Commission (MTC), which can
be applied to the Mary A venue Bicycle Footbridge project; and
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; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional
transportation planning agency for the San Francisco Bay region, has adopted MTC
Resolution No. 875, 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; and
WHEREAS, MTC Resolution No. 875, 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; and
WHEREAS, the City of Cupertino desires to submit a request to MTC for the
allocation of the TDA Article 3 funds to support the Mary Avenue Bicycle Footbridge
project described in the project application, which is for the exclusive benefit and/or use
of pedestrians and/or bicyclists; now, therefore, be it
RESOLVED, that the City of Cupertino declares it is eligible to request an
allocation ofTDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code,
and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely
affect the project or projects described in the project application, or that might impair the
ability of the City of Cupertino to carry out the project; and furthermore, be it
RESOLVED, that the City of Cupertino attests to the accuracy of and approves
the statements in Attachment I to this resolution; and furthermore, be it
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Resolution No. 06-093
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RESOLVED, that a certified copy ofthis 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
govemments, as the case may be, of Santa Clara County for submission to MTC as part
of the countywide coordinated TDA Article 3 claim; and, furthermore, be it
RESOLVED, that the City Council of the City of Cupertino hereby authorizes the
City Manager to apply for, accept, and appropriate an allocation of 2006-07
Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding
from the Metropolitan Transportation Commission, in the amount of $42,193.00, for the
Mary Avenue Bicycle Footbridge.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of May 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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Resolution No, 06-093
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Attachment I to RESOLUTION NO. 06-093
Findings
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 the project application.
2. That the City of Cupertino has committed adequate staffing resources to complete the
project(s) described in the project application.
3. A review of the project(s) described in the project application 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 the project application 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 the project application comply with the requirements
of the California Environmental Quality Act (CEQA, Public Resources Code Sections
21000 et seq.), and that the City of Cupertino is in possession of the document(s)
supporting such compliance, said document(s) having been made available to for
public review and stamped by the County Clerk or County Recorder of the county in
which the claimant is located.
6. That as portrayed in the budgetary description(s) of the project(s) in the project
application, the sources of funding other than TDA are assured and adequate for
completion of the project(s).
7. That the project(s) described in the project application are for capital construction
and/or design engineering; and/or for the maintenance of a Class I bikeway which is
closed to motorized traffic; 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 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 the project application 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 ~.).
9. That any project described in the project application that is a "Class I Bikeway,"
meets the mandatory minimum safety design criteria published in Chapter 1000 of the
California Highway Design Manual.
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Resolution No. 06-093
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10. That the project(s) described in the project application are ready to commence
implementation during the fiscal year of the requested allocation.
11. That the City of Cupertino agrees to maintain, or provide for the maintenance of, the
project( s) and facilities described in the project application, for the benefit of and use
by the public.
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