CC Resolution No. 23-064 requesting the MTC allocate $166,259 from FY 2023-2024 TDA 3 PedestrianBicycle Project funding to the City of Cupertino's De Anza Boulevard Buffered Bike Lanes
RESOLUTION NO. 23-064
A RESOLUTION OF THE CUPERTINO CITY COUNCIL REQUEST TO THE
METROPOLITIAN TRANSPORTATION COMMISSION FOR THE
ALLOCATION OF FISCAL YEAR 2023/2024 TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT
FUNDING
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. 4108, 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. 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 RESOLVED, that the CITY OF CUPERTINO
declares it is eligible to request an allocation 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
adversely affect the project or projects described in Attachment B to this
resolution, or that might impair the ability of the CITY OF CUPERTINO to carry
out the project; and furthermore, be it
Resolution No. 23-064
Page 2
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 agency, countywide transportation planning agency, 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.
The foregoing determination is made by the City Council in its independent
judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6TH day of June, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
06/13/23
6/20/23
November 2022 TDA Article 3 Model Resolution Page 2
Resolution No. 23-064
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/2024
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
Page 1 of 1
1. That the CITY OF CUPERTINO 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 CUPERTINO legally impeded from undertaking the project(s) described in “Attachment B” of this
resolution.
2. That the CITY OF CUPERTINO 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 final 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 outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code
section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.
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.
November 2022 TDA Article 3 Model Resolution Page 3
The project will enhance the safety of existing Class II bikeway facilities on De Anza Boulevard between
Bollinger Road and Homestead Road by narrowing existing travel lanes and installing a painted buffer zone
to separate the Class II bike lanes from the vehicle lanes.
De Anza Blvd is a major north-south principle arterial across Cupertino, a designated truck route along most
of its length, and has a posted speed limit of 35 mph. Currently, standard Class II bike lanes exist along both
directions of De Anza Boulevard, and no buffer zone exists to increase the separation between bicycle and
vehicle traffic.
Outside of the City’s jurisdiction south of Bollinger Road, buffered bike lanes exist on both sides of the
roadway.
Construction of buffered bicycle lanes including removal of existing striping and installation of a painted buffer zone to
increase separation between bicycles and vehicles.
Resolution No. 23-064
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Cupertino
2. Primary Contact Marlon Aumentado
3. Mailing Address 10300 Torre Ave, Cupertino, CA 95014
4. Email Address MarlonA@cupertino.org 5. Phone Number 408-777-3215
6. Secondary Contact (in
the event primary is
not available)
David Stillman
7. Mailing address (if
different) N/A☐
8. Email Address DavidS@cupertino.org 9. Phone Number 408-777-3249
10. Send allocation
instructions to (if
different from above):
11. Project Title De Anza Boulevard Buffered Bike Lanes
12. Amount requested $166,259 13. Fiscal Year of
Claim
2023/2024
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW
are ineligible uses of TDA funds.)
November 2022 TDA Article 3 Model Resolution Page 4
16. Project Location: A map of the project location is attached or a link to a online map of the project
location is provided below:
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐
19. Project Budget and Schedule
Project
Phase TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
CON 166,259 358,741 525,000 Dec 2023
Total Cost 166,259 358,741 525,000
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐
If “YES,” identify the date and provide a copy or link to the agenda. (April 19, 2023 ; see agenda)
If "NO," provide an explanation).
B. Has the project been approved by the claimant's governing body? Yes☐ No☒
If "NO," provide expected date: June 6, 2023
November 2022 TDA Article 3 Model Resolution Page 5
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒
(If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐
pursuant to Chapter 1000 of the California Highway Design Manual?
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐
Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐
Cite the basis for the exemption.
If the project is not exempt, please check “NO,” and provide environmental
documentation, as appropriate.
N/A☐
F. Estimated Completion Date of project (month and year): December 2023
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐
the claimant arranged for such maintenance by another agency? (If an agency other
than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒
If the amount requested is over $250,000 or if the total project phase or construction
phase is over $250,000, a Complete Streets checklist is likely required. Please attach
the Complete Streets checklist or record of review, as applicable. More information
and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets