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TRANSPORTATION DEVELOPMENT ACTS awa pF MEETING DATE: 4/16/12 ' ITEM NO: (ps �p COUNCIL AGENDA REPORT DATE: APRIL 4, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: TRANSPORTATION DEVELOPMENT ACT (TDA) - ARTICLE 3 FUNDING ALLOCATION FOR FY 2012/13 ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR FY 2012/13 FROM THE METROPOLITAN TRANSPORTATION COMMISSION. RECOMMENDATION Adopt resolution authorizing the Town Manager to apply for Transportation Development Act (TDA) Article 3 Funds for FY 2012/13 from the Metropolitan Transportation Commission. BACKGROUND Transportation Development Act (TDA) Article 3 Funds (Public Utilities Code Section 99200) authorize funding to regional transportation planning agencies for pedestrian and bicycle related public improvement projects. In conjunction with the Santa Clara Valley Transportation Authority, the Metropolitan Transportation Commission administers these funds for the cities in Santa Clara County. The main objectives of the TDA Article 3 projects are to increase the safety, security and efficiency of bicycle and pedestrian travel. Each city is allocated a specific amount of funding based on its population. TDA funds are generated from a tax of one - quarter of one percent on all retail sales in each County. The amount designated for the Town of Los Gatos for FY 2012/13 is $34,535 which includes $14,739 from FY 2011 /12 that the Town did not allocate towards a project. The dollar amount for FY 2012/13 is slightly higher than in prior years because sales tax revenues have recently increased. Staff is proposing to allocate the total amount designated to the Town for the Howe's Play Lot Pathway reconstruction project. This project will benefit pedestrians and bicyclists, as well as all other park users, by providing a paved (off - street) connection between two residential streets: Howes Drive and Thomas Drive. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: b Assistant Town Manager Town Attorney Finance N: \PPW\MANAGEMENT\COUNCU- \COUNCIL REPORTS\2012 Reports\April 16\MTC_TDA Article 3 Funds Howe's Play Lot Pathway.doc PAGE 2 APRIL 4, 2012 MAYOR AND TOWN COUNCIL SUBJECT: TRANSPORTATION DEVELOPMENT ACT (TDA) - ARTICLE 3 FUNDING ALLOCATION FOR FY 2012/13 BACKGROUND (contjcD Prior Town use of these funds has included similar trail and pathway improvement projects, such as the installation of a pathway in Oak Meadow Park, which was completed last year. Matching funds are not required; however, the proposed project must meet the TDA funding objectives. Additionally, the Metropolitan Transportation Commission requires the adoption of a supporting resolution from the Town Council in order to receive the funding allocation. DISCUSSION Howe's Play Lot is a small neighborhood park located in east Los Gatos, between Howes Drive and Thomas Drive. The pathway through the park not only provides access to the park, but it is also an off - street connection for both pedestrians and bicyclists between Howes and Thomas. Additionally, it provides access from the residential neighborhood to Union Avenue. The current pathway is in need of replacement due to age and it is uplifting and cracking due to tree roots. This project will remove the current walkway and replace it with anew one constructed of concrete. The new pathway will provide full ADA access to the park and will improve pedestrian and bicycle access and safety as well. Upon Council approval, staff will move forward with the funding request and will include this project in the proposed FY 2012/13 — 2016/17 Capital Improvement Program Budget. Once the funding request is approved, staff will move forward with the project. If funded, the project will be completed no later than June 2013. CONCLUSION It is recommended that Town Council adopt the attached resolution authorizing the Town Manager to apply for Transportation Development Act (TDA) Article 3 funds for FY 2012/13 from the Metropolitan Transportation Commission. ENVIRONMENTAL ASSESSMENT This project is defined under CEQA, but is statutorily exempt under Section 15301c. A Notice of Exemption will be filed. FISCAL IMPACT Project completion is contingent upon receipt of grant funding. If the grant is awarded, staff will bring forward a request to the Town Council for funding during FY 2012/13. Attachments: 1. Resolution Authorizing the Town Manager to apply for Transportation Development Act (TDA) Article 3 Funds for FY 2012/13 from the Metropolitan Transportation Commission (with Exhibit A - Findings and Exhibit B — TDA Article 3 Project Application Form) Attachment 1 RESOLUTION 2012- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2012/13 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIANBICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et sec.., 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 Town of Los Gatos desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described (attached hereto as Exhibit 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. BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might adversely affect the project or projects described (attached hereto as Exhibit B) to this resolution, or that might impair the ability of the Town of Los Gatos to carry out the project. BE IT FURTHER RESOLVED that the Town of Los Gatos attests to the accuracy of and approves the statements (attached hereto as Exhibit A) to this resolution. BE IT FURTHER 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16` day of April, 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A FYndings Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2012/13 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding 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 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 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 seg.). 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 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. THIS PAGE INTENTIONALLY LEFT BLANK Eslribit B Page I of TDA Article 3 Project Application Form Fiscal Year of this Claim: FY 2012113 Applicant: Town of Los Gatos Contact person: Kevin Rohani. Town Engineer Mailing Address: 41 Miles Avenue, Los Gatos, CA, 95030 E -Mail Address: kmhaniOlosgatosca.gov Telephone: [408) 399 -5773 Secondary Contact (in event primary not available) Tim Kawasaki Administrative Analyst E -Mail Address: tkawasaki calosgatosca.gov Telephone- (408) 399 -5776 Short Title Description of Project: Howes Play Lot Pathway Amount of claim: $34.535 Functional Description of Project: This project will replace an existing concrete walkway that is in poor condition with a new concrete pathway. This �role vdll make the pathway ADA accessible and more accessible for bicycle and pedestrian use 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. Project Elements: Construction and contingency Funding Source All Prior FYs Application FY Next FY Following FYs I Totals TDA Article 3 NO $34,535 C. For "bikeways," does the project meet Callrans minimum safety design criteria pursuant to Chapter 1000 of $34,535 .fistailothersour s: j D. Has the project been reviewed by a Bicycle Advisory Committee? (If 'NO," provide an explanation). This NO project is not part of an approved Town bicycle lane route therefore review from a committee is not t. None E. Has the public availability of the environmental compliance documentation for the project (pursuant to NO CEGA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). A request will be filed with the Santa Clara County 2. Clerk- Recorders Office. Once a stamped copy is received a copy will be mailed. F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project YES (month and year) Anticipated connotation date is June 2013. _ 3. G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility j YES provide its name:) 4. Totals $34,535 $34,535 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If'N0," provide the approximate date YES approval is anticipated) - B, Has this project previously received TDA Article 3 ninding? If "YES," provide an explanation on a separate NO page. C. For "bikeways," does the project meet Callrans minimum safety design criteria pursuant to Chapter 1000 of NIA the California Htghway Design Manual? (Available on the Internet via: hitpatws r.dnt.ca.gev j D. Has the project been reviewed by a Bicycle Advisory Committee? (If 'NO," provide an explanation). This NO project is not part of an approved Town bicycle lane route therefore review from a committee is not necessary. E. Has the public availability of the environmental compliance documentation for the project (pursuant to NO CEGA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). A request will be filed with the Santa Clara County Clerk- Recorders Office. Once a stamped copy is received a copy will be mailed. F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project YES (month and year) Anticipated connotation date is June 2013. G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility j YES provide its name:) Exhibit B Page 2 of 2 Re: Submittal of Countywide Coordinated Claim to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2012 /13 TDA Article 3 Pedestrian/Bicycle Project Funds to Claimants in County of Santa Clara Prioritized List of Projects tion of Project Short Title Description J 'rnA Article3 Amount Total Project Cost 1. Howe's Play Lot Pathway $34,535 $34,535 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Totals $34,535 $34,535