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2009-048-Request To The Metropolitan Transportation Commission For The Allocation Of Fiscal Year 2009/10 Transportation Development Act Article 3 Pedestrian/Bicycle Project FundingRESOLUTION 2009 -048 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2009/10 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 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 in Exhibit B to this resolution, which are for the exclusive benefit and /or use of pedestrians and /or bicyclists. 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 BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Exhibit B to this resolution, or that might impair the ability of the Town of Los Gatos to carry out the project; and BE IT FURTHER RESOLVED, that the Town of Los Gatos attests to the accuracy of and approves the statements in Exhibit A to this resolution; and BE IT FURTHER RESOLVED, that a certified copy of this resolution and its exhibits, 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 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 4"' day of May, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara - Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2009 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 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 "Exhibit B" of this resolution. 2. That the Town of Los Gatos has committed adequate staffing resources to complete the project(s) described in Exhibit B. 3. A review of the project(s) described in Exhibit 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 Exhibit 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 Exhibit 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 Exhibit 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 Exhibit 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 Exhibit 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 Exhibit 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 Exhibit Bare 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 Exhibit B, for the benefit of and use by the public. Exhibit B Page 1 of 3 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2009 Applicant: Town of Los Gatos Contact person: Kevin Rohani, Town Engineer Mailing Address: 41 Miles Avenue, Los Gatos CA 95030 E -Mail Address: krohanialosgatosca,gov Telephone: (408) 399 -5773 Secondary Contact (in event primary not available): Tim Kawasaki Administrative Analyst E -.Mail Address: tkawasakiPlosgatosca,gov Telephone: (408) 399 -5776 Short Title Description of Proiect: Mitchell Avenue Sidewalk Project Amount of claim: $28,000 Functional Description of Project: Construct AC sidewalk along the north side of Mitchell Avenue connectinq existing sidewalk at George Street /Mitchell Avenue to the Fisher Middle School at Fisher Avenue. Paint and stripe crosswalks and construct an ADA compliant ramp 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 Totals TDA Article 3 No $28,000 N/A Highway Design Manual? (Available on the internet via: http: / /www,dot.cg.gov list all other sources: No include construction of a bicycle lane and /or route therefore review from a committee was not necessary. E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been No 1, include construction). A request has been filed with the Santa Clara County Clerk- Recorder's Office. Once a stamped copy is received, a copy will be mailed, 2, 3. 4. Totals $28,000 Project Eligibility: YES? /NOS A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is No anticipated), Town Council review date is May 4 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 N/A Highway Design Manual? (Available on the internet via: http: / /www,dot.cg.gov D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation), This project does not No include construction of a bicycle lane and /or route therefore review from a committee was not necessary. 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). A request has been filed with the Santa Clara County Clerk- Recorder's Office. Once a stamped copy is received, a copy will be mailed, Exhibit B Page 2of 3 TDA Article 3 Project Application Form (cont'd) F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and Yes year) Anticipated completion date is prior to April 2010, 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; Exhibit •B Page 3of 3 Re: Submittal of Countywide Coordinated Claim to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2009 TDA Article 3 Pedestriali/Bicycle Project Funds to Claimants in the County of Santa Clara Prioritized List of Projects Short Title Description of Project TDA Article 3 Amount Total Project Cost 1. Mitchell Avenue Sidewalk Project $28,000 $28,000 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Totals $28,000