Resolution 2023-XX Page 1 of 7
DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
REQUESTING OF THE METROPOLITAN TRANSPORTATION
COMMISSION THE ALLOCATION OF FISCAL YEAR 2023/2024
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), codified in California Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency to fund qualifying transportation 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, as 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, as 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 Fremont 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, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City of Fremont declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.
SECTION 2. The City of Fremont attests to the accuracy of and approves the statements in Attachment A to this resolution.
SECTION 3. 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 Fremont to carry out the project.
SECTION 4. 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 Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
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ADOPTED_______________, 2023 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Resolution No. 2023-XX
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the City of Fremont 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 Fremont legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Fremont 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 City of Fremont 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 City of Fremont 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 No. 2023-XX
Attachment B
TDA Article 3 Project Application Form for FY 2023/2024
1. Agency City of Fremont
2. Primary Contact Lilian Ayala, Senior Transportation Engineer
3. Mailing Address 39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537
4. Email Address [email protected] 5. Phone Number 510-494-4766
6. Secondary Contact (in
the event primary is
not available)
Eric Hu, Principal Transportation Engineer
7. Mailing address (if
different) N/A☒
8. Email Address [email protected] 9. Phone Number 510-494-4542
10. Send allocation
instructions to (if
different from above):
Tish Saini
[email protected]
11. Project Title 2024 Citywide Class IV Bikeway Enhancement Project
12. Amount requested $322,407 13. Fiscal Year of
Claim
FY 2023-2024
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 an online map of the project location is provided below:
In the past five years, the City of Fremont has constructed over 10 miles of quick-build Class IV bikeways in efforts of implementing the “All Ages and Abilities” network identified in the City’s 2018 Bike Master Plan. These bikeways were designed and installed with vertical green plastic delineators called K71s to help provide a quick option for implementing Class IV bikeways. However, this material lacks long-term durability and based on user feedback, provides a limited sense of comfort for less experienced bicyclists. For the 2024 Citywide Class IV Bikeway Enhancement Project, the City proposes using TDA funds to install precast concrete median sections to supplement the existing K71 bollards along various high-priority segments along the existing Class IV bikeway network. This proposed project will help improve the durability of the Class IV bikeway separation devices and improve user comfort and safety, which ultimately is anticipated to more effectively encourage active transportation mode shift. The project design is anticipated to take place in FY 2023/2024, with construction anticipated for Summer 2024.
TDA Article 3 funds will be used for the Construction phase of the 2024 Citywide Class IV Bikeway Enhancement Project.
See Appendix A, Project Locations.
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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☐
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. March 15, 2023 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): _June 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 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☐
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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
Resolution 2023-XX Appendix A Page 7 of 7