CC Resolution No. 16-049 Approving the Request to the Metropolitan Transporation Commission for an Allocation of Transporation Development Act Article 3 Pedestrian and Bycycle Project Funding for Fiscal Year 2016/17RESOLUTION NO. 16-049
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 2016/17
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public
Utilities Code (PUC) Section 99200 et ~ 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.4108, entitled "Transportation Development Act, Article 3,
Pedestrian and Bicycle Projects," which delineates procedures and criteria for
submission of requests for the allocation of "TDA Article 3" funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of
TDA Article 3 funding be submitted as part of a single, countywide co.ordinated 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 project has been reviewed by the Bicycle Pedestrian
Commission (BPC) of CITY OF CUPERTINO; and furthermore, be it
Resolution No . 16-049
Pa g e 2
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 SANT A CLARA COUNTY for submission to MTC
as part of the countywide coordinated TDA Article 3 claim.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 171h day of May, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
'
Resolution No. 16-049
Page3
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of
Fiscal Year 2016/17 Transportation Development Act Article 3 Pedestrian/Bicycle
Project Funding
Findings
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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 is included in a locally approved
bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
Resolution No. 16-049
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9. That any project described in Attachment B that is a 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 will be completed before the funds
expire.
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 . 16-049
Pages
Attachment B
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TDA Article 3 Project Application Form
Fiscal Year of this Claim : 16-17 Applicant: City of Cupertino
Contact person : David Stillman
Mailing Address : 10300 Torre Avenue, Cupertino , CA 95014
E-Mail Address : davids@cupertino .org Telephone: (408) 777-3249
Secondary Contact (in event primary not available) Erwin Ching
E-Mail Address : erwinc@cupertino .org Telephone: (408) 777-3237
Short Title Description of Project: McClellan Road Sidewalk Improvements -Phase 2
Amount of claim: $ 106,926 .00
Functional Description of Project:
Design and construct sidewalk along the McClellan Road corridor between Orange Avenue and San Leandro Ave.
Financial Plan:
List the project elements for which TOA funding is being requested (e .g., planning , engineering , construction , contingency). Use the table
below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project.
Planning funds may only be used for comprehensive bicycle and pedestrian plans . Project level planning is not an eligible use of TOA
Article 3.
Proiect Elements· Plannina Environmental Enaineerina Desian (PS&El Construction Continaencv I I I I
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TOA Article 3 106 ,926.00 106 ,926.00
list all other sources:
1. General Funds 935 ,000 .00 935 ,000.00
2.
3.
4.
Totals
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? {If "NO," provide the approximate date approval is No.
anticipated). Anticipated by
05/17/16
B. Has th is project previously received TOA 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 NIA
Highway Design Manual? (Available on the internet via : http://www.dot.ca.gov).
D. Has the project been reviewed by a Bicycle Advisory Committee (SAC)? (If "NO ," provide an explanation). Enter date the No.Pedestrian
project was reviewed by the SAC : Project
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been Yes
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) Yes
Anticipated completion by December 2018
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 fac ility provide its name :
Claimant will maintain the facility )
Re solution No. 16-049
Pag e 6
Fiscal Year of this Claim: 16-17
Contact person : David Stillman
Attachment B
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TDA Article 3 Project Application Form
Applicant: City of Cupertino
Mailing Address : 10300 Torre Avenue , Cupertino , CA 95014
E-Mail Address : davids@cupertino.org Telephone: (408) 777-3249
Secondary Contact (in event primary not available) Erwin Ching
E-Mail Address : erwinc@cupertino.org Telephone : (408) 777-3237
Short Title Description of Project: Pedestrian Master Plan
Amount of claim : $ 50,000 .00
Functional Description of Project:
Develop a citywide Pedestrian Master Plan identifying critical pedestrian networks , systemic issues, enhancement opportunities,
and setting of priority for projects that improve safety, connectivity, and increased mobility and access.
Financial Plan:
List the project elements for which TOA funding is being requested (e .g., planning, engineering, construction, contingency).
Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed
future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestr ian plans. Project
level planning is not an eligible use of TOA Article 3.
Proiect Elements: PlanninQ. Environmental. Public Outreach, Enqineerinq Desiqn Continqencv I
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TOA Article 3 50,000 .00 50 ,000 .00
list all other sources:
1. General Funds 70 ,000.00 70 ,000.00
2.
3.
4.
Totals
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO ," provide the appro ximate date approval is No .
anticipated). Anticipated by
05/17/16
B. Has this project previously rece ived TOA Article 3 fund ing? If "YES ," prov ide 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 Cal ifornia 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 (BAC)? (If "NO," provide an explanation). Enter date the No .Pedestrian
project was reviewed by the BAC: Project
E. Has the public availab ility of the environmental compliance documentation for the project (pursuant to CEQA) been N/A
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
F. Will the project be completed before the all ocation expires? Enter the anticipated completion date of project (month and year) Yes
Anticipated completion by December 2017
G. Have provisions been made by the claimant to maintain the project or facility , or has the claimant arranged for such Yes
ma intenan ce by another agency? (If an agency other than the Claimant is to maintain the facility provide its name :
)