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.