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CC Resolution 10322 RESOLUTION NO. 10322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT A TDA DISCRETIONARY FUNDS GRANT APPLICATION FOR THE LOS GATOS CREEK TRAIL BICYCLE IMPROVEMENT PROJECT (02-09) 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, PedestrianlBicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "TDA Article 3" funding; and WHEREAS, MTC Resolution 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 Campbell 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 Council of the City of Campbell hereby declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and BE IT FURTHER RESOLVED by the City Council of the City of Campbell that there is no pending or threatened litigation that might adversely affect the project of projects described in Attachment B to this resolution, or that might impair the ability of the City of Campbell to carry out the project; and BE IT FURTHER RESOLVED that the City Council of the City of Campbell attests to the accuracy of and approves the statements in Attachment A to this resolution; and BE IT FURTHER RESOLVED by the City Council of the City of Campbell that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the Congestion Management Agency of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. PASSED AND ADOPTED by the City Council of the City of Campbell this 4th day of May, 2004, by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED BY: ~ ~~ :-? Donald R. Burr, Mayor A~ . ~-&~ Anne Bybee City Clerk Re: 2. 3. 4. RESOLUTION NO. ATTACHMENT A Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2004-05 Transportation Development Act, Article 3, PedestrianIBicycle Project Funding FINDINGS 1. That the City of Campbell is not legally impeded from submitting a request to the Metropolitan Transportation Commission foir the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Campbell legally impeded from undertaking the project(s) described in "Attachment B" of this resolution. That the City of Campbell has committed adequate staffing resources to complete the project(s) described on Attachment B. 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). 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.), and that the City of Campbell is in possession of the document(s) supporting such compliance, said document(s) having been made available 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 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 Campbell 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. 10. 11. 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. That the project(s) described in Attachment B are ready to commence implementation during the fiscal year of the fêquested allocation. That the City of Campbell 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. Attachment B page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: FY 04/05 Contact person: Bill Helms Mailina Address: 70 North First Street. Campbell, CA 95008 E-Mail Address: billh@cLcampbeILca.us Secondary Contact (in event primary not available) E-Mail Address: Short Title Description of Proiect: Los Gatos Creek Trail Amount of claim: $ 515,600 Functional Description of Project: Imnrovements to bicvcle/nedestrian trails on east bank and west bank of Los Gatos Creek northerlv of Camden Avenue and renlacement of existina bicycle / nedestrian bridae over Los Gatos Creek Applicant: City of Campbell Telephone: (408) 866-2153 Telephone: Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction, construction management, contingency). 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 (make certain the use of the currently requested funding is made clear in the "Project Elements" section below, and include any other clarifying information on the next page). Project Elements: Construction. Construction Manaaement and Inspection Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3: 515,600 515,600 list all other sources: 1. Measure 8: 124,400 124,400 2.City park fees 160,000 160,000 3. 4. Totals 284,400 515,600 800,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," on the next page provide the approximate date Yes approval is anticipated). B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Yes Highway Design Manual? (Available on the internet at: http://www.dot.ca.aov/ha/oppd/hdm/chapters/t1001.htm). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page). Yes 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? (If "NO" provide and explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the Yes allocation expires? Enter the anticipated completion date of project (month and year) 10/05 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: