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CC Resolution 11033 RESOLUTION NO. 11033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT AN APPLICATION FOR FISCAL YEAR 2009/10 TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR THE PEDESTRIAN AND BICYCLE IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT AND REQUEST RESCISSION OF FISCAL YEAR 2006/07 TDA ARTICLE 3 GUARANTEED FUNDS FOR THE BIKE/PEDESTRIAN IMPROVEMENTS-VARIOUS LOCATIONS PROJECT WHEREAS, the City of Campbell has been awarded $39,860 in TDA Article 3 guaranteed funds for Fiscal Year 2009/10; and WHEREAS, staff recommends submitting a TDA Article 3 grant application for the Pedestrian and Bicycle Improvements at Various Locations Project for $39,860; and WHEREAS, the Pedestrian and Bicycle Improvements at Various Locations Project would involve two project concepts: 1) furnishing and installing countdown pedestrian signals at various locations, and 2) installing bike lanes or bike routes on Winchester Boulevard, Dell Avenue, and Hacienda Avenue; and WHEREAS, the City of Campbell was awarded $30,323 in TDA Article 3 guaranteed funds for Fiscal Year 2006/07; and WHEREAS, the City Council adopted Resolution No.1 0629 authorizing the submittal of a TDA grant application for the Bike/Pedestrian Improvements-Various Locations Project; and WHEREAS, this project involved three project concepts including 1) Pollard Road Bike Lanes, 2) Los Gatos Creek Trail Pedestrian Path, and 3) San Tomas and Smith Creek Trails; and WHEREAS, the City received reimbursement of $26,971.26 of the $30,323.00 in FY 2006/07 TDA Article 3 guaranteed funds used for designing the San Tomas Aquino Creek Trail Project; and, WHEREAS, a total of $3,351.74 in FY 2006/07 TDA Article 3 guaranteed funds are due to expire on June 30, 2009; and WHEREAS, rescinding the $3,351.74 in TDA Article 3 guaranteed funds would allow these funds to be reallocated next year to a new project and extend the deadline for using these funds until June 30, 2012; and WHEREAS, members of the Campbell Bicycle Advisory Committee endorse the rescission of FY 2006/07 TDA Article 3 guaranteed funds; and WHEREAS, members of the Campbell Bicycle Advisory Committee endorse the Pedestrian and Bicycle Improvements at Various Locations Project; 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, 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 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 Public Works Director is hereby authorized to submit a TDA grant application for Fiscal Year 2009/10 to the Valley Transportation Authority to obtain $39,860 in TDA guaranteed funds for the Pedestrian and Bicycle Improvements at Various Locations Project. BE IT FURTHER RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to request rescission of $3,351.74 in FY 2006/07 TDA Article 3 guaranteed funds for the Bike/Pedestrian Improvements-- Various Locations 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 19th day of May, 2009, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS: Kotowski, Furtado, Baker, Low, Kennedy None None ~ Anne Bybee, City Clerk Attachment A Resolution No. 11033 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2009/10 Transportation Development Act Article 3 Pedestrian/Bicycle Proiect Funding 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 B" of this resolution. 2. That the City of Campbell 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 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. 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. 10. That the project(s) described in Attachment B are ready to commence implementation during the fiscal year of the requested allocation. 11. 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. MTC Programming and Allocations Section April 2005 TDA Article 3 Model Resolution Page 4 Attachment B Resolution No. 11033 Attachment B page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2009/2010 Applicant: City of Campbell Contact person: Matthew Jue Mailino Address: 70 North First Street, Campbell. CA 95008 E-Mail Address: matthewi@ci.campbell.ca.us Telephone: 408-866-2154 Secondary Contact lin event primary not available) E-Mail Address: lisap@ci.campbell.ca.us Telephone: 408-866-2150 Short Title Description of Proiect: Pedestrian and Bicvcle Improvements at Various Locations Amount of claim: $39,860 Functional Description of Project: Furnish and install countdown pedestrian siQnals at various locations: install bike lanes/bike routes on Winchester Boulevard, Dell Avenue, and Hacienda Avenue Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning. environmental, engineering, right-of-way, construction, inspection, contingency, audit). 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. Proiect Elements: EnQineerinQ, environmental, construction, construction manaQement, continQencv Fundina Source All Prior FYs ADDlication FY Next FY FollowinQ FYs Totals TDA Article 3 $39,860IG) $39,860 list all other sources: 1. 2. 3. 4. Totals $39,860IG) $39,860 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). City Council will approve on May 19, 2009 B. Has this project previously received TDA 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 YES Highway Design Manual? (Available on the internet via: http://www.dot.ca.qov). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been NO evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). Environmental compliance documentation will be submitted by May 29,2009. F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and YES year) June 2012 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: ) I MTC Programming and Allocations Section April 2005 TDA Article 3 Model Resolution Page 5 Figure 1 ~ (I) (I) ~ o~ ~ 0aJ On. +.t CL <C ~ >- ,...!::: W~ a:U ::::>- C)> -.... LLU W ., CJl ~ "0 ~ o FIGURE 2 PROJECT DETAIL MAP BIKE LANES/BIKE ROUTES ON WINCHESTER BLVD., DELL AVE., AND HACIENDA AVE. Figure 2 ~ N