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CC Resolution No. 02-081RESOLUTION ]NO. 02-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2002-03 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. Resolution No. 02-0g I PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of May, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: City Clerk Mayor, City of Cupertino Resolution No. 02-OR 1 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2002-03 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 projects described in "Attachment B" of this resolution. 2. That the City of Cupertino has committed adequate staffing resources to complete the projects described on Attachment B. 3. A review of the projects described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right permits and clearances, attendant to the successful completion of the projects. 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 projects described in Attachment B 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 descriptions of the projects in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the projects. 7. That the projects 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 projects 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 se~t.). 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 projects 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 projects and facilities described in Attachment B, for the benefit of and use by the public. Resolution No. 02-0g 1 Fiscal Year of this Claim: Contact person: Attachment B page 1 of 2 TDA Article 3 Project Application Form Applicant: E-Mail Address: Telephone: Secondary Contact {in event primary not available) E-Mail Address: Short Title Description of Project: Telephone: Amount of claim: Functional Description of Project: Financial Plan: Below, please list project components being applied for such as planning, engineering right-of-way, construction, contingencies, etc.; also provide project budget showing total cost of project and other funding sources. If this is a segment of a larger project, include prior and proposed funding sources for other segments. Project Components: Funding Source I All Prior FYs I Application FY I Next FY I Followin~ FYs Totals TDA Article 3 list all other sources: 2. 3. Totals Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," use the next page to provide the approximate date approval is anticipated) B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the intemet at: ]~ttp://www. dot.ca,gov/hq/oppd/hdm/chaptcrs/tlO01 .him) D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," use the next page to provide a sound explanation) E. Has the public availability of the environmental compliance documentation for the project pursuant to CEQA been evidenced by the dated stamping of the document by the county clerk or county recorder? F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the allocation expires? Enter the anticipated completion date of project (month and year) G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) Resolution No. 02-081 Attachment B page 2 of 2 TDA Article 3 Project Application Form Explanatory Comments Page Short Title Description of Project: Enter explanatory comments below, as required due to certain "YES" or "NO" answers to items "A" through "G" on the Project Application Form, or to provide information that will not fit on the application form, or to provide information that will clarify any potential confusion concerning the scope, cost or schedule for the project.