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CC Resolution No. 11-067 Metropolitan Transportation Commission, FY 2011-12 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding RESOLUTION NO. 11 -067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2011 -12 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN /BICYCLE PROJECT FUNDING 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 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 IT 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, be it 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, be it RESOLVED, that the City of Cupertino attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it 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 County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3 day of May, 2011, by the following vote: Vote Members of the City Council AYES: Wang, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 11 -067 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2011 -12 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 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 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.). 9. That any project described in Attachment B that is a "Class I Bikeway," meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B 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 Attachment B, for the benefit of and use by the public. RESOLUTION NO. 11 -067 Attachment B Short Title Description of Project: Stevens Creek Corridor Park, Phase 11 Amount of claim: $ 103,179 Description of Project: Design and construct 1/4 mile of multi -use trail along Stevens Creek in Cupertino. The new trail segment will extend from Blackberry Farm Park to Stevens Creek Boulevard. The trail will be all- weather, accessible, open year -round and will serve pedestrians and cyclists. The new trail will link % mile of existing trail that was completed in 2009 to VTA bus stops and bike lanes on Stevens Creek Boulevard. The project includes a anew clear -span bridge over Stevens Creek. The bridge will Zink park land and open space on i:he creek's east bank to five acres of city property on the west bank that this project will open to the public. The project includes a new trail, fencing, amenities (such as benches, signage, trash receptacles), trailside plantings, new crosswalk, and parking modifications to accommodate trail users.