CC Resolution No. 21-129 Approving Budget Modification No. 2122-176 increasing appropriations and revenues for Junipero Serra Trail - East Segment (420-99-036, ST 046) by $1,936,000RESOLUTION N0. 21-129
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
REQUEST TO THE METROPOLIT AN TRANSPORT ATION COMMISSION
FOR THE ALLOCATION OF FISCAL YEAR 2022-2023 TRANSPORT ATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT
FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public
Utilities Code (PUC) Section 99200 et s 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, Revised, entitled "Transportation Development Act, Article 3,
Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of
requests for the allocation of "'ff)A Article 3" funding; and
WHEREAS, MTC Resolution No. 4108, 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
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
declares it is eligible to request an anocation 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
advetsely affect the project or projects described m Attachment B to this resolution, or
that might impair the ability of the gity 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
ResolutionNo. 21-129
Page 2
agency, countywide transportahon planning agettcy, 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 does hereby authorize the City Manager to
negotiate and execute the "Funding Agreement between the City of Cupertino and Santa
Clara Valley Transportation Authority for Junipero Serra Trail, Ease Segment" for the
remaining Measure B allocation of $920,978 with Santa ClaraVaney Transportation
Authority".
BE IT FURTHER RESOLVED that this Resolution would comply under all the
requirements of the California Environmental Quality Act, together with related State
CEQA GuideErres (co&ctively, "CEQA").
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21day of December, 2021, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
///1A62-fl
D'arcy Pau!'
City of Cupertino
Date
ATTEST:
b, !/// z/y
" - ,!/
Kirsten Squarcia, City CIerk
/
Date
Resolution No. 21-129
Page 3
Resolution No. 21-129
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Anocation of
Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestrian/Bicycle
Project Funding
1. That the City of Cupertino is not legany 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 cornrnitted 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
Califomia 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 AttacItunent B are for capital constnuction and/or fiital
design and engineering or quick build project; and/or for the maintenance of a Class
I bikeway which is closed to motorized traffic and/or Class IV separated bikeway;
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 outliried in
Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370
et .) or responds to an immediate community need, such as a quick-build project.
Resolution No. 21-129
Page 4
9. That any project described in Attachment B bicycle project meets the mandatory
minimum safety design criteria published in the California Highway Design Manual
or is in a National Association of City and Transportation Officials (NACTO)
guidance or similar best practices document.
10. That the project(s) described in Attachment B will be completed in the allocated time
(fiscal year of allocation plus two additional fiscal years).
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.
ResolutionNo. 21-129
Page 5
Resolution No. 21-XX
Attachment B
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2022-2023 Applicant: City of Cupertino
Contact person: Evelyn Moran
Mailinq Address: 10300 Torre Ave. Cupertino, CA,
E-Mail Address: evelynm@cupertino.orq Telephone: 408-777-1313
Secondary Contact (in event primary not available) David Stillman
E-MailAddress:davids(a,cupertino.orq Telephone:408-777-3249
Project Title (Short Description): Junipero Serra Trail, East Seqment
Amount of daim: $1,C)15,022
Description of Overall Project:
Junipero Serra Trail, East Segment will be an off-street, multi-use, pedestrian and bicycle trail that links
major destinations. The trail will be fully accessible, open year-round. The East segment will start at
Vallco Parkway and run adjacent the exisitng Santa Clara Valley Water District maintenance road and
end at Wolfe Road.
Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible
uses of TDA funds.)
For construction of the Junipero Serra Trail, East Segment.
Project Budget rnd Schedule
Project
Phase
TDA3 Other Funds Total Cost
Estimated Completion
(month/year)
Bike/Ped
Plan
r A It /mmaviiitm
CIN V t!!mW!H!!!!!€%
PA&ED i m
PS&E r
ROW
CON 1,015,022 920,978 1,936,000 July2023
Total Cost 1,015,022 920,978 1936,000
ResolutionNo. 21-129
Page 6
Project Eligibility:YES?/
NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is
anticipated).
Yes
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page.No
C. For"bikeways,"doestheprojectmeetCaltransminimumsafetydesigncriteriapursuanttoChapterl000oftheCalifornia
Highway Design Manual? (Available on the internet via: hitp://www.dot.ca.gov).
Yes
D. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? (IF "NO," provide an explanation).Yes
E. Hasthepublicavailabilityoftheenvironmentalcompliancedocumentationfortheproject(pursuanttoCEQA)been
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
No,
TBD
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and
year)
Yes,
July
2023
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 provj:le its name:
)
Yes