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HomeMy WebLinkAboutResolution 2021-045 N.C.S. 4/19/2021 Resolution No. 2021-045 N.C.S. Page 1 Resolution No. 2021-045 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2021-2022 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE 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. 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 (TDA-3) funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, this project is categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) pursuant to Article 19, Sections 15301(c) (Existing Facilities), and 15304(h) (Minor Alterations to Land) of Title 14 of the California Code of Regulations (“CEQA Guidelines”), because the project consists of improvements to an already existing trail involving negligible or no expansion of existing or former use and updating of the City’s Bicycle and Pedestrian Master Plan ,and even if the project resulted in additional expansion of the bicycle lanes, CEQA Guidelines Section 15304(h) permits the creation of bicycle lanes on already existing rights-of ways, and there are no cumulative impacts, unusual circumstances, or other factors that would make the exemptions inapplicable pursuant to CEQA Guidelines section 15300.2; and WHEREAS, on April 7, 2021, the Pedestrian and Bicycle Advisory Committee (PBAC) after hearing and considering staff and public comments, recommended that the City Council approve the use of TDA-3 funds for the approval of the project; and WHEREAS, the City of Petaluma desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project to complete maintenance work on paths along Lynch Creek and at Prince Park as described in Attachment B, the TDA Article 3 Project Application Form, to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists: and WHEREAS, improvements to the Lynch Creek Trail and updating the Bicycle and Pedestrian Master Plan will encourage walking and active transportation in the City, helping to reduce vehicle trips and the associated greenhouse gas emissions and aligns with several City Council Goals and Priorities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. The City of Petaluma declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code. DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074 Resolution No. 2021-045 N.C.S. Page 2 2. The project has been reviewed by the Pedestrian and Bicycle Advisory Committee (PBAC) of City of Petaluma and the PBAC has recommended approval. 3. The City Council of the City of Petaluma attests to the accuracy of and approves the statements in Attachment B to this resolution. 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 Sonoma County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. 5. The City Council hereby finds as follows: a. That the City of Petaluma 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 Petaluma legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. b. That the City of Petaluma has committed adequate staffing resources to complete the project(s) described in Attachment B. c. 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). d. 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. e. That the project(s) described in Attachment B are categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) pursuant to Article 19, Sections 15301(c) (Existing Facilities), and 15304(h) (Minor Alterations to Land) of Title 14 of the California Code of Regulations (“CEQA Guidelines”), because the project consists of improvements to an already existing trail involving negligible or no expansion of existing or former use and updating the City’s Bicycle and Pedestrian Master Plan. Even if the project resulted in additional expansion of the bicycle lanes CEQA Guidelines Section 15304(h) permits the creation of bicycle lanes on already existing rights-of ways. There are no cumulative impacts, unusual circumstances, or other factors that would make the exemptions inapplicable pursuant to CEQA Guidelines section 15300.2. f. 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). g. 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 Petaluma within the prior five fiscal years. h. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or another relevant plan. i. 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. j. That the project(s) described in Attachment B will be completed before the funds expire. k. That the City of Petaluma 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. DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074 Resolution No. 2021-045 N.C.S. Page 3 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 19th day of April 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074 Resolution No. 2021-045 N.C.S. Page 4 ATTACHMENT B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2019/2020 Applicant: City of Petaluma Contact person: Ken Eichstaedt Mailing Address: 202 North McDowell Boulevard E-Mail Address: keichstaedt@ci.petaluma.ca.us Telephone: (707)776-3673 Secondary Contact (in event primary not available) Ken Eichstaedt E-Mail Address:keichstaedt@ci.petaluma.ca Telephone: (707)776-3672 Short Title Description of Project: Bike Path Maintenance Amount of claim: $70,095 Functional Description of Project: Maintenance of multi-use paths thru-out the City of Petaluma which includes asphalt replacement and repairs, seal coat, gravel path maintenance and installation of new lighting along Lynch Creek trail (North McDowell Blvd to Wilmington Drive and asphalt replacement and repairs at Prince Park path adjacent to the parking lot. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Design, Construction and Contingency Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $70,095 $70,095 list all other sources: 1. Measure M- Parks 2. 3. 4. Totals $70,095 $70,095 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Yes on 4/7/21 B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. Yes 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 via: http://www.dot.ca.gov). Yes D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: Reviewed by PBAC at 2/5/20 meeting Yes 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 clerk or county recorder? (required only for projects that include construction). Yes F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) Yes 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: ) Yes DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074 Resolution No. 2021-045 N.C.S. Page 5 TDA Article 3 Project Application Form B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. In fiscal year 2009/2010 TDA 3 funds were used to design and construct a class I bikeway (Lynch creek Trail) from McDowell Boulevard to Maria Drive that was twelve feet wide. This section of trail was constructed in concrete and does not require any maintenance or repair at this time. Also, the City received $124,000 for FY 2019/20 to conduct repair and maintenance activities. DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074