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Resolution 2007-45 RESOLUTION NO. 2007-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PLACING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2007-2008 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING WHEREAS, Article 3 ofthe 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 Gilroy desires to submit a request to MTC for the allocation ofTDA 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 County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim. RESOLUTION NO. 2007-45 -1- PASSED AND ADOPTED this 21 st day of May, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: RESOLUTION NO. 2007-45 -2- Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2007-2008 Transportation Development Act Article 3 Pedestrian/Bicycle 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 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 ofthe 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 ofthe TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental QualityAct (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 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. Attachment B page 1 of 2 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2007/2008 Applicant: City of Gilrov Contact person: Don Dev. Transportation Enqineer Mailinq Address: 7351 Rosanna Street, Gilrov, CA 95020 E-Mail Address: don.dev@cLqilroV.ca.us Telephone: (408) 846-0450 Secondary Contact (in event primary not available): Arlvnn Bumanqlaq, Enqineer II E-Mail Address: arlvnn.bumanqlaq@cLqilroV.ca.us Telephone: (408) 846-0450 Short Title Description of Proiect: Fourth Street & Fifth Street Handicap Ramp Installation Amount of claim: $ 99,879 Functional Description of Project: Installation of new handicap ramps at various locations on Fourth Street and Fifth Street. 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. Proiect Elements: Desian. Construction. and Inspection Fundina Source All Prior FYs Application FY Next FY Followina FYs Totals TDA Article 3 $ 99,879 $ 99,879 list all other sources: 1. Local Funds $ 8,121 $ 8,121 2. Totals $ 108,000 $ 108,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date NO, anticipated approval is anticipated). May, 2007 B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate NO page. C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of N/A the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.qov). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). N/A E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEOA) NO, anticipated been evidenced by the dated stamping of the document by the county clerk or county recorder? (required May, 2007 only for projects that include construction). F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project Yes (month and year) e.q. Grant awarded Julv, 2007, Under const. bv Julv, 2008, Completed bv Julv, 2011 G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for City of Gilroy to such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide maintain facilities its name: Attachment B page 2 of2 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2007/2008 Applicant: City of Gilrov Contact person: Don Dev. Transportation Enqineer Mailinq Address: 7351 Rosanna Street. Gilrov, CA 95020 E-Mail Address: don.dev@cLqilroV.ca.us Telephone: (408) 846-0450 Secondary Contact (in event primary not available): Bill Headlev, Parks and Facities Manaqer E-Mail Address: bill.headlev@cLqilrov.ca.us Telephone: (408) 846-0450 Short Title Description of Proiect: Class I Bicycle Path - Uvas Creek Trail (Sports Park) Amount of claim: $ 150,000 Functional Description of Project: Improvements and Installation of a Class I bike trail 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. Proiect Elements: Desian. Construction. and Inspection Funding Source All Prior FYs Application FY Next FY Followina FYs Totals TDA Article 3 $ 363,000 $ 150,000 $ 513,000 list all other sources: 1. Local Funds $ 337,000 $ 337,000 2. Totals $ 363,000 $ 487,000 $ 850,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date Yes approval is anticipated). B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate Yes page. C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of Yes the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.qov). D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) Yes been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project Yes (month and year) G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for City of Gilroy to such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide maintain facilities its name: I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-45 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 21 st day of May, 2007, 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 30th day of May, 2007. ~l2 Ii\. ;' ~,...' City . led< of the City ofGilroy (Seal)