Attachment 3 - TDA3 TLG 2023 Resolution and Application
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS METROPOLITAN TRANSPORTATION COMMISSION TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS BICYCLE AND PEDESTRIAN PROJECTS
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 Town of Los Gatos 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 Town of Los Gatos 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 the Town of Los Gatos 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
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
planning agency, or county association of governments, as the case may be, of the County of Santa Clara for
submission to MTC as part of the countywide coordinated TDA Article 3 claim.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
held on the 6th day of June 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/24
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
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1. That the Town of Los Gatos 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 Town of Los Gatos legally impeded from undertaking the project(s) described in “Attachment B” of this
resolution.
2. That the Town of Los Gatos 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 Town of Los Gatos 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 Town of Los Gatos 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.
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
Attachment B
TDA Article 3 Project Application Form
1. Agency Town of Los Gatos
2. Primary Contact Gary Heap
3. Mailing Address 41 Miles Avenue, Los Gatos CA 95030
4. Email Address gheap@losgatosca.gov 5. Phone Number 408-399-5773
6. Secondary Contact
(in the event primary
is not available)
Nicolle Burnham
7. Mailing address (if
different) N/A☒
8. Email Address nburnham@losgatosca.gov 9. Phone Number 408-399-5774
10. Send allocation
instructions to (if
different from above):
11. Project Title Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
12. Amount requested 68,884 13. Fiscal Year of
Claim
2023/24
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW
are ineligible uses of TDA funds.)
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
☒
Construction of access to Los Gatos Creek Trail at Highway 9. Project includes walkway from intersection of University Avenue to trail, with new bridge over Los Gatos Creek on south side of Highway 9; and switchback walkway access to trail from Highway 9 on north side.
Funding will be used for construction phase services. Construction will be awarded to the apparent low bidder in August 2023. The requested finding will be used to fill a funding gap that was identified after bid opening.
https://www.losgatosca.gov/2557/Los-Gatos-Creek-Trailhead-Connector-to-H
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
19. Project Budget and Schedule
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.
If "NO," provide an explanation).
B. Has the project been approved by the claimant's governing body? Yes☒
No☐
If "NO," provide expected date:__________________
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. __________________________ N/A☐
If the project is not exempt, please check “NO,” and provide environmental
documentation, as appropriate.
F. Estimated Completion Date of project (month and year): ___12/2024________
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
Project Phase TDA3 Other Funds Total Cost
Estimated Completion
(Month / Year)
Bike/ Ped Plan $0.00 NA NA 2020
ENV NA NA 2022
PA&ED NA NA 2021
PS&ED $0.00 $676,044.00 $676,044.00 1/17/2023
ROW NA NA
CON $68,884.00 $8,806,685.53 $8,875,569.53 12/2024
Total Cost $68,884.00 $9,482,729.53 $9,551,613.53
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Resolution 2023 - June 6, 2023
ATTACHMENT 3
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