14. Mary Ave Bridge grant funding~~~~r
RESOLUTION N0.08-068
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 2008-09
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND
BICYCLE PROJECT GRANT FUNDING FROM THE METROPOLITAN
TRANSPORTATION COMMISSION, IN THE AMOUNT OF $115,040.00, FOR
THE MARY AVENUE BICYCLE FOOTBRIDGE
WHEREAS, the City is eligible for a $35,040.00 share of additional
Transportation Development Act Article 3 (TDA) 3 funds that will be available in fiscal
year 2008-2009 through the Metropolitan Transportation Commission (MTC), which can
be applied to the Mary Avenue Bicycle Footbridge project; and
WHEREAS, Sunnyvale will provide part of its previously committed funding for
the project by releasing $80,000.00 of its Fiscal Year 2008-2009 TDA 3 guaranteed funds
to Cupertino; 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 Attachment B to this resolution, 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 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 II to this resolution, or that might
impair the ability of the Ciry of Cupertino to carry out the project; and furthermore, be it
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Resolution No. 08-068 2
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
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; 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 2008-09
Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding
from the Metropolitan Transportation Conunission, in the amount of $115,040.00, for the
Mary Avenue Bicycle Footbridge. This includes Cupertino's guaranteed 2008-09 TDA 3
fund allocation of $35,040.00, and $80,000.00 of Sunnyvale's guaranteed 2008-09 TDA
3 fund allocation, which it has agreed to release to Cupertino.
PASSED AND ADOPTED at a regulaz meeting of the City Council of the City of
Cupertino this 20~' day of May 2008, by the following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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Resolution No. 08-068 3
Attachment I to RESOLUTION N0.08-Ob8
Findings
1. That the Ciry 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 projects} described in "Attachment II" of this resolution.
2. That the City of Cupertino has committed adequate staffing resources to complete the
projects} described on Attachment II.
3. A review of the project(s) described in Attachment II 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 II 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 Attachment II,
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 II are for capital construction and/or
design engineering; and/or for the maintenance of a Class I bikeway which is closed
to motorized traff c; 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 projects} described in Attachment II 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
sec .).
4. That any project described in Attachment II 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 II 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 II, for the benefit of and use by the
public. 14 - 3