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Resolution 2004- 36 RESOLUTION NO. 2004-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE METROPOLITAN TRANSPORTATION COMMISSION ALLOCATION OF FISCAL YEAR 2004-2005 TRANSPORTATION DEVELOPMENT ACT. ARTICLE 3. PEDESTRIANIBICYCLE 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. 875, Revised, entitled "Transportation Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "IDA Article 3" funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of IDA 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 Gilroy 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 Gilroy 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 B to this resolution, or that might impair the ability of the City of Gilroy to carry out the project; and furthermore, be it RESOLVED, that the City of Gilroy 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. RESOLUTION NO. 2004-36 -1- PASSED AND ADOPTED this 3rd day of May 2004, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE,VELASCO,P~URO NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: ~~ ert Pinheiro, Mayor J /JJ2--u Rho da Pellin, City Clerk RESOLUTION NO. 2004-36 -2- Resolution No. 2004-36 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2004-2005 Transportation Development Act. Article 3. PedestrianlBicycle Project Funding Findings (Page 1 of 1) 1. That the City of Gilroy 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 Gilroy legally impeded from undertaking the project(s) described in "Attachment B" of this resolution. 2. That the City of Gilroy has committed adequate staffing resources to complete the project(s) described on 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.), and that the City of Gilroy 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 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 ofrestriping 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 ofTDA Article 3 funding for such a plan has not been received by the City of Gilroy 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.). 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 City of Gilroy 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. Resolution No. 2004-36 Attachment B Page 1 of6 TDA Article 3 Project Application Form Fiscal Year of this Claim: 200412005 Applicant: City of Gilrov Contact person: Arlvnn A. Bumanalaa. Enaineer II Mailina Address: 7351 Rosanna Street. Gilrov. CA 95020 E-Mail Address:abumanalaa@ci.ailrov.ca.us Teleohone: 408.846.0450 Secondarv Contact On event orimarv not available): Don Dev. City Traffic Enaineer E-Mail Address:ddev@cLailrov.ca.us Teleohone: 408.846.0450 Short TiUe Description of Proiect: Uvas Creek Class I Under-crossina at Santa Teresa Boulevard and Third Street.. Phase II Amount of claim: $50.000 Functional Description of Project: ComDletion of Uvas Creek Class I trail from Third Street east of Santa Teresa to Third Street west of Santa Teresa via an under-crossina Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction, construction management, contingency). 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 (make certain the use of the currently requested funding is made clear in the .Project Elements" section below, and include any other clarifying information on the next page). Proiect Elements: construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $ 50,000 $ 50,000 list all other sources: 1. City Park $ 554,658 $ 554,658 Development Impact Fund 2. 3. 4. Totals $ 554,658 $ 50,000 $ 604,658 Project Eligibility: A. Has the project been approved by the claimant's governing body? (If "NO,. on the next page provide the approximate date approval is anticipated). B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page. C. For "bikeways,. does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet at: htto://www.dot.ca.aov/hQfooodlhdmlchaDterslt1 001. htm). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page). E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated starnping of the document by the county clerk or county recorder? (If "NO" provide an explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the allocation expires? Enter the anticipated completion date of project (month and year) Seotember 2004 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 provide its name: NA YES?/NO~ NO NO YES YES YES YES YES Resolution No. 2004-36 Attachment B Page 2 of6 TDA Article 3 Project Application Form Explanatory Comments Page Short Title Description ofProiect: Uvas Creek Class I Under-Crossing at Santa Teresa & Third. Phase II A, Anticipated Gilroy City Council approval date is May 3, 2004. Resolution No. 2004-36 Attachment B Page 3 of6 TDA Article 3 Project Application Form Fiscal Year of this Claim: 200412005 Aoolicant: Citv of Gilrov Contact person: Anvnn A. BumaoolaQ. Enaineer II Mailina Address: 7351 Rosanna Street. Gilrov. CA 95020 E-Mail Address:abumanalaGta>.cLGilrov.ca.us Teleohone: 408.846.0450 Secondarv Contact (in event primarv not available): Don Dev. Citv Traffic Enaineer E-Mail Address: ddevta>.cLailrov.ca.us Telephone: 408.846.0450 Short TiUe DescriDtion of Project: Uvas Creek Class I Trail Rehabilitation Project Amount of claim: $60.666 Functional Description of Project: rehabilitation of Class I trail from Luchessa Avenue to Laurel Drive. includina slul1V seal and centerline stripe: overlav of bike path alono Christmas Hill Pari<: surfacinG improvement of existino path from Santa Teresa Boulevard to Solorsano Middle School Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of- way, construction, construction management, contingency). 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 (make certain the use of the currently requested funding is made clear in the "Project Elements" section below, and include any other clarifying information on the next page). Project Elements: construction Funding Source All Prior Fvs ADDlication FY Next FY Following FYs Totals lOA Article 3 $ 60,666 $ 60,666 list all other sources t 2. 3. 4. Totals $ 60,666 $ 60,666 Project Eligibility: YES?/NO~ A. Has the project been approved by the claimant's governing body? (If "NO: on the next page provide the approximate date NO approval is anticipated). B. Has this project previously received lOA Article 3 funding? If "YES,' provide an explanation on the next page. NO C. For "bikeways: does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California YES Highway Design Manual? (Available on the internet at: htto:/Iwww.dot. ca. aovlhalOPPdlhdmlchaoterslt1 oot htm). D. Has the project been reviewed by a Bicycle Advisory Committee? (If 'NO,' provide an explanation on the next page). YES 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'? (If "NO. provide an explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the YES allocation expires? Enter the anticipated completion date of project (month and year) October 2004 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: NA ) Resolution No. 2004-36 Attachment B Page 4 of6 TDA Article 3 Project Application Form Explanatory Comments Page Short Title Description ofProiect: Uvas Creek Class I Trail Rehabilitation Proiect A. Anticipated Gilroy City Council approval date is May 3, 2004. E. Notice of Exemption sent to County Recorders April 9, 2004. Anticipate documentation date stamp on April 13, 2004. Resolution No. 2004-36 Attachment B Page 5 of6 IDA Article 3 Project Application Form Fiscal Year of this Claim: 200412005 AooIicant: City of Gilrov Contact oerson: Arlvnn A. Bumanalao. Enaineer II Mailina Address: 7351 Rosanna Street. Gilroy. CA 95020 E-Mail Address:abumanalaa@ci.gilrov.ca.us T~: 408.846.0450 Secondarv Contact (in event orimarv not available): Don Oey. City TraffIC Enaineer E-Mail Address: ddev@ci.ailrov.ca.us Telephone: 408.846.0& Short Title DescriDtion of Project: Citywide Class II Main~nance Proiect Amount of claim: $10.611 Functional Description of Project: refurbish and replace. as necessarv. Class II bikeway sians: refresh Class II bikewav oavement markinas . I., Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of- way, construction, construction management, contingency). 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 (make certain the use of the currently requested funding is made clear in the "Project Elements" section below, and include any other clarifying information on the next page). Proiect Elements: construction Fundina Source All Prior FYs APDlication FY NextFY Followina FYs Totals TDA Artic~ 3 $ 10,611 $10.611 list all other sources 1. Paint & Sign $ 8,289 $ 8,289 Maintenance Fund 2. 3. 4. Totals $ 18,900 $ 18900 Project Eligibility: A. Has the project been approved by the claimant's governing body? (If .NO,. on the next page provide the approximate date approval is anticipated). B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page. C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on theinteroet at htto://www.dot.ca.aovlhalooodlhdmlchaDterslt1001.htm). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO,. provide an explanation on the next page). E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county cieri< or county recorder? (If "NO. provide an explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the allocation expires? Enter the anticipated completion date of project (month and year) October 2004 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 provide its name: NA YES?/NO~ NO NO YES YES NO YES YES Resolution No. 2004-36 Attachment B Page 6 of6 TDA Article 3 Project Application Form Explanatory Comments Page Short Title Description ofProiect: Citywide Class II Maintenance Project A. Anticipated Gilroy City Council approval date is May 3, 2004. E. Notice of Exemption sent to County Recorders Apri19, 2004. Anticipate documentation date stamp on April 13, 2004. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2004-36 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of May, 2004, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of May, 2004. (Seal)