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CC Resolution No. 08-068 Funds for Mary Ave FootbridgeRESOLUTION NO. 08-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT, AND APPROPRIATE AN ALLOCATION OF FISCAL YEAR 2008-09 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT GRANT FUNDING FROM THE METROPOLITAN TRANSPORTATION COMMISSION, IN THE AMOUNT OF $115,040.00, FOR THE MARY AVENUE BICYCLE FOOTBRIDGE WHEREAS, the City is eligible for a $35,040.00 share of additional Transportation Development Act Article 3 (TDA) 3 funds that will be available in fiscal year 2008-2009 through the Metropolitan Transportation Commission (MTC), which can be applied to the Mary Avenue Bicycle Footbridge project; and WHEREAS, Sunnyvale will provide part of its previously committed funding for the project by releasing $80,000.00 of its Fiscal Year 2008-2009 TDA 3 guaranteed funds to Cupertino; 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 Cupertino desires to submit a request to MTC for the allocation of the TDA Article 3 funds to support the Mary Avenue Bicycle Footbridge project described in Attachment B to this resolution, which is 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 of 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 II 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. 08-068 2 RESOLVED, that the City of Cupertino attests to the accuracy of and approves the statements in Attachment I 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; and, furthermore, be it RESOLVED, that the City Council of the City of Cupertino hereby authorizes the City Manager to apply for, accept, and appropriate an allocation of 2008-09 Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission, in the amount of $115,040.00, for the Mary Avenue Bicycle Footbridge. This includes Cupertino's guaranteed 2008-09 TDA 3 fiend allocation of $35,040.00, and $80,000.00 of Sunnyvale's guaranteed 2008-09 TDA 3 fund allocation, which it has agreed to release to Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May 2008, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN ATTEST: Members of the City Council Sandoval, Mahoney, Santoro, Wang, Wong None None None City Clerk APPROVED: _- .~ Mayor, City of Cupertino Resolution No. 08-068 Attachment I to RESOLUTION N0.08-068 Findings 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 II" of this resolution. 2. That the City of Cupertino has committed adequate staffing resources to complete the project(s) described on Attachment II. 3. 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). 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 II comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), and that the City of Cupertino is in possession of the document(s) supporting such compliance, said document(s) having been made available to 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 II, 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 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 Cupertino within the prior five fiscal years. 8. 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 seg.). 9. 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. 10. That the project(s) described in Attachment II are ready to commence implementation during the fiscal year of the requested allocation. 11. That the City of Cupertino agrees to maintain, or pri~vide for the maintenance of, the project(s) and facilities described in Attachment II, for the benefit of and use by the public.