ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member _________
RESOLUTION APPROVING A REQUEST TO THE METROPOLITAN
TRANSPORTATION COMMISSION FOR AN ALLOCATION OF
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING FOR FISCAL YEAR 2026-27
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. 4108, 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, 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 Hayward desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment III 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 Hayward 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 in Attachment III to this resolution, or that might impair the ability of the City of Hayward to carry out the project.
BE IT FURTHER RESOLVED, that the City of Hayward attests to the accuracy of and approves the statements in the findings of this resolution.
ATTACHMENT II
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 th e case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines as follows:
1. That the City of Hayward 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 Hayward legally impeded from undertaking the project(s) described in “Attachment III” of this resolution.
2. That the City of Hayward has committed adequate staffing resources to complete the project(s) described in Attachment III.
3. A review of the project(s) described in Attachment III 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 III 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 III 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 III, 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 III 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 Hayward within the prior five fiscal years.
8. That the project(s) described in Attachment III 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.
ATTACHMENT II
9. That any project described in Attachment III 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 III will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).
11. That the City of Hayward agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment III, for the benefit of and use by the public.
IN COUNCIL, HAYWARD, CALIFORNIA, _______________ 2026.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward