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CC Resolution 10499 RESOLUTION NO. 10499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ACTING PUBLIC WORKS DIRECTOR TO SUBMIT AN APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT (TDA) DISCRETIONARY FUNDS FOR FISCAL YEAR 2005/06 WHEREAS, the City of Campbell desires to obtain $240,000 in TDA Discretionary funds for Fiscal Year 200512006 for the Campbell A venue widening over Los Gatos Creek; and WHEREAS, the ability to obtain funding approval requires City Council endorsement of the project; and WHEREAS, the Metropolitan Transportation Commission (MTC) requires the City of Campbell to use language from MTC's Model Governing Body Resolution in this resolution to obtain MTC's funding approval; and WHEREAS, MTC requires an Attachment I, "Findings," and an Attachment II, "Project Application;" and 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, the City of Campbell desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project described in Attachment II to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Acting Public Works Director is hereby authorized to submit a TDA grant application for Fiscal Year 2005/06 to the Valley Transportation Authority to obtain $240,000 in funds for the Campbell A venue Bridge Widening over Los Gatos Creek Project. BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the City of Campbell declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; 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 described in Attachment II to this resolution, or that might impair the ability of the City of Campbell to carry out the project; BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the City of Campbell attests to the accuracy of and approves the statements in Attachment I to this resolution; BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the City of Campbell shall forward a certified copy of this resolution and its attachments, and any accompanying supporting materials to the Santa Clara County Congestion Management Agency for submission to MTC as part of the countywide coordinated TDA Article 3 claim. PASSED AND ADOPTED this 17th day of May, 2005, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None Re: Resolution No. Attachment 1 Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2005/06 Transportation Development Act. Article 3 Discretionary Funds Findings Page 1 of 1 1. That the City of Campbell 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 Campbell legally impeded from undertaking the project(s) described in "Attachment II" of this resolution. That the City of Campbell has committed adequate staffing resources to complete the project(s) described on Attachment II. A review of the project(s) described in Attachment II 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 II 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. That the project(s) described in Attachment II 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. That as portrayed in the budgetary description(s) of the project(s) in Attachment II, the sources of funding other than TDA are assured and adequate for completion of the project(s). That the project(s) described in Attachment II 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 year. That the project(s) described in Attachment II 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.). That any project described in Attachment II 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 II are ready to commence implementation during the fiscal year of the requested allocation. That the City of Campbell agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment II, for the benefit of and use by the public. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.