CC Resolution No. 13-041 Allocation of Transportation Development Act Article 3 and Pedestrian and Bicycle Project Funding for Fiscal Year 2013-14 RESOLUTION NO. 13-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION
COMMISSION FOR AN ALLOCATION OF TRANSPORTATION DEVELOPMENT
ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING
FOR FISCAL YEAR 2013/14
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
Resolution No. 13-041
governments, as the case may be, of SANTA CLARA COUNTY 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 21St day of May, 2013, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
Resolution No. 13-041
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2013/14
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
Page l 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. 13-041
Attachment B
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TDA Article 3 Project Application Form
Fiscal Year of this Claim:201312014 Applicant:City of Cupertino
Contact person: David Stillman
Mailing Address: 10300 Torre Avenue,Cupertino,California
E-Mail Address:davids(a.cupertino.orq Telephone: (408)777-3249
Secondary Contact(in event primary not available)
E-Mail Address: Telephone:
Short Title Description of Project: McClellan Road Sidewalk Construction Project-Phase 1 &2
Amount of claim:$113,703
Functional Description of Project:
Phase 1—Design and construct approximately 450 If of sidewalk along the south side of McClellan Road between Tressler Court and Stevens Creek Bridge
and from Stevens Creek Bridge to Club House Lane.
Phase 2—Design approximately 125 If of sidewalk improvements along the north side of McClellan Road west of Byrne Avenue.
Financial Plan:
List the project elements for which TDA funding is being requested(e.g.,planning,environmental,engineering,right-of-way,construction,
inspection,contingency,audit). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the
project is a segment of a larger project, include prior and proposed funding sources for the other segments.
Project Elements:Phase 1 -planning,environmental,engineering,right-of-way,construction,inspection,contingency
Phase 2-planning,environmental,engineering,right-of-way
Funding Source I All Prior FYs I Application FY Next FY I Following FYs I Totals
TDA Article 3-Phase 1 $0 $42,700 $31,800 $0 $74,500
TDA Article 3-Phase 2 $0 $39,203 $0 $0 $39,203
list all other sources:
1.
2.
3.
4.
Totals $0 $81,903 $31,800 $0 $113,703
Project Eligibility: YES?1NO?
A. Has the project been approved by the claimant's governing body? (If"NO,"provide the approximate date approval is No.
anticipated). Anticipated by
5/31/13
B. Has this project previously received TDA Article 3 funding? If"YES,"provide an explanation on a separate page. No
C. For"bikeways,"does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California N/A
Highway Design Manual?(Available on the internet via:http://www.dot.ca.gov).
D. Has the project been reviewed by a Bicycle Advisory Committee?(If"NO,"provide an explanation). No.Pedestrian
project
E. Has the public availability of the environmental compliance documentation for the project(pursuant to CEQA)been Phase 1-Yes
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that Phase 2-No
include construction).
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project(month and Yes.
year)Anticipated completion December 2014
G. Have provisions been made by the claimant to maintain the project or facility,or has the claimant arranged for such Yes
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
Claimant will maintain)