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5/12/2022
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Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO (1) SUBMIT A REQUEST TO THE
METROPOLITAN TRANSPORTATION COMMISSION
(MTC) FOR THE ALLOCATION OF FISCAL YEAR 2022-
2023 TRANSPORTATION DEVELOPMENT ACT, ARTICLE
3 (TDA3) STATE GRANT FUNDING IN THE AMOUNT OF
$1,410,036 FOR CITYWIDE BICYCLE AND PEDESTRIAN
PROJECTS; (2) MAKE THE CERTIFICATIONS AND
ASSURANCES REQUIRED UNDER THE GRANT
PROGRAM; AND (3) ACCEPT ANY GRANT FUNDING
AWARDED FROM MTC AND TO NEGOTIATE AND
EXECUTE ANY GRANT DOCUMENTS NECESSARY TO
EFFECTUATE THE GRANT
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, entitled “Transportation Development Act, Article 3, Pedestrian and 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 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
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Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, the City of San José 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 BY THE COUNCIL OF THE CITY OF SAN JOSE:
THAT THE CITY COUNCIL does hereby find it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore.
THAT THE CITY COUNCIL does hereby find 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 San José to carry out the project.
THAT THE CITY COUNCIL does hereby find the project has been reviewed by the Bicycle Advisory Committee (BAC) of City of San José.
THAT THE CITY COUNCIL does hereby attest to the accuracy of and approves the statements in Attachment A to this resolution.
THAT THE CITY COUNCIL does hereby find 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.
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Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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5/12/2022
T-16024.080\ 1921078_2 A-1
Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ATTACHMENT “A”
Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
1. That the City of San José 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 San José legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of San José 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 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 City of San José within the prior five fiscal years.
8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.
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5/12/2022
T-16024.080\ 1921078_2 A-2
Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
10. That the project(s) described in Attachment B will be completed before the funds expire.
11. That the City of San José 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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5/12/2022
T-16024.080\ 1921078_2 B-1
Council Agenda: 6/7/2022
Item No.: 2.25
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ATTACHMENT “B”
Proposed Projects for FY 2022-2023
Transportation Development Act, Article 3 (TDA3) Funding
Recommended Projects Amount
1. Citywide Bikeway Implementation
Design, conduct outreach, prepare environmental analysis, and install bikeways throughout the city.
$1,110,036
2. Pedestrian Safety Improvements
Construct pedestrian safety improvements citywide.
$200,000
3. Citywide Bicycle Safety/Education
Support Vision Zero safety program pedestrian and bike efforts.
$100,000
Total $1,410,036