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CC Resolution 10176 RESOLUTION NO. 10176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT AN APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR THE WESTMONT A VENUE IMPROVEMENT PROJECT AND THE CITYWIDE BICYCLE PROGRAM WHEREAS, the City of Campbell has the Westmont Avenue Improvement Project (Westmont Project) in its Capital Improvement Program for fiscal year 2003104; and WHEREAS, the City of Campbell has guaranteed TDA funds and Safe Routes to School funds available to fund portions of the Westmont Project; and WHEREAS, additional funds for the Westmont Project are needed to fund the construction of the project; and WHEREAS, construction of the Campbell Avenue Underpass Replanking Project, Leigh Avenue Bike Lane Project, Citywide Bicycle Program have been completed; and WHEREAS, the City of Campbell has $22,486.43 of unspent guaranteed TDA funds available from these three projects that can be used to fund a portion of the construction work associated with the Westmont Project; WHEREAS, a total of $1,500 would remain in the existing Citywide Bicycle Program; and WHEREAS, the City of Campbell has been awarded $22,206 in guaranteed TDA funds for Fiscal Year 2003/2004; and WHEREAS, the $3,711.74 of unspent TDA funds for the Campbell Avenue Underpass Replanking Project will expire in June, 2003; and WHEREAS, rescinding and reallocating the unspent TDA funds would allow the City of Campbell to bank these TDA funds for at least two additional years until June, 2005; and WHEREAS, the Westmont Avenue Improvement Project has been endorsed by the City Bicycle Advisory Committee; 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 A, "Findings", and an Attachment B, "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, 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 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 by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a TDA grant application for Fiscal Year 2003/04 to the Valley Transportation Authority to obtain additional funds for the Westmont A venue Improvement Project; BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a request to the VT A to rescind and reallocate the $3,711.74 of unspent Fiscal Year 2000/2001 TDA funds from the Campbell A venue Underpass Replanking Project to the Westmont A venue Improvement Project; BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a request to the VTA to rescind and reallocate the $8,439.76 of unspent Fiscal Year 2002/2003 TDA funds from the Leigh Avenue Bike Lane Project to the Westmont A venue Improvement Project; BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a request to the VTA to rescind and reallocate the $10,334.93 of unspent Fiscal Year 2000/2001 TDA funds from the completed Citywide Bicycle Program so that $1,500.00 will remain in the existing Citywide Bicycle Program and $8,834.93 will be reallocated to the Westmont Avenue Improvement 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 B 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 A 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 6th day of May, 2003, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado COUNCILMEMBERS None COUNCILMEMBERS: None ~o~ j-~~ Daniel E. Furtado, Mayor ATTEy:) [L~~a~A.- Anne Bybee, City Clerk