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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: November 9, 2004

Subject/Title: Approve a Resolution authorizing a request to the Metropolitan Transportation Commission for approval of a revision to the scope of a grant-funded bicycle/pedestrian project

Prepared by: Karen Wahl, Grants Administrator

Submitted by: Bailey Grewal, City Engineer

RECOMMENDATION
Approve a Resolution authorizing a request to the Metropolitan Transportation Commission (MTC) for approval of a revision to the scope of the proposed Minnesota Avenue Sidewalk Improvement Project which was awarded FY 2004/2005 Transportation Development Act (TDA) funds.

PREVIOUS ACTION
On January 27, 2004, City Council approved a resolution authorizing the submittal of a grant proposal to the Metropolitan Transportation Commission (MTC) Fiscal Year 2004/2005 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Program for partial funding of the Minnesota Avenue Sidewalk Improvement Project, no CIP number assigned.

On April 27, 2004, City Council approved a resolution approving a request to MTC for the allocation of FY 2004/2005 TDA Article 3 Pedestrian/Bicycle Project funding in the amount of $31,500 for the Minnesota Avenue Sidewalk Improvement Project, no CIP number assigned.

BACKGROUND
TDA grant funds were awarded for upgrading the existing crosswalk and adding flashing beacons at Bristow School. The revised project scope differs from the original grant application in that the original mid-block crosswalk location will be replaced by two new crosswalks at Sand Creek and Deer Creek near both limits of the Bristow Middle School property. Both new crosswalks are proposed to have in-pavement lighting and flashing beacons.

Development of approximately 110 residential units along Minnesota Avenue just north of this project site is expected to commence in the near future and will increase the vehicular, pedestrian and bicycle traffic. This increase in traffic prompted staff to reevaluate the plan to improve the existing mid-block crosswalk in front of the Bristow Middle School. In doing so, the proposed improvements have resulted in a change of scope from the original grant application. The change in scope does not diminish the intent of the original scope but instead will improve and enhance pedestrian and bicycle safety while addressing the needs of a growing city.

MTC requires submittal of a new resolution and new stamped CEQA document In order to consider approval to apply the grant funds awarded to the project. A copy of the revised Notice of Exemption is attached.

FISCAL IMPACT
Funds have been awarded from the TDA Article 3 Pedestrian/Bicycle Program in the amount of $31,500 for a portion of the improvements to Minnesota Avenue between Randy Way and Glenwillow Drive, no CIP number assigned. The improvements include the existing mid-block crosswalk and installation of flashing beacons and specified a local funding match of $40,000. Roadway Facility Fee funds approved for this project in the City’s Capital Improvement Program budget 2004/05–2008/09 will provide the necessary matching funds. The change in scope will increase the initial project cost however staff believes that the current budget for the project will be sufficient.

Attachments:

Site Map
Resolution
Attachment A
Attachment B
Notice of Exemption

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR APPROVAL OF A REVISION TO THE SCOPE OF THE MINNESOTA AVENUE SIDEWALK IMPROVEMENT PROJECT WHICH WAS AWARDED FY 2004/2005 TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS

WHEREAS, and the Transportation Development Act, Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county MTC Region

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 makes annual allocations of TDA funds to eligible claimants after review of applications submitted; and

WHEREAS, the Minnesota Avenue Sidewalk Improvement Project was awarded funding and MTC has allocated TDA Article 3 funds for the project; and

WHEREAS, the City of Brentwood desires to submit a request to MTC for approval of a revision to the scope of the Minnesota Avenue Sidewalk Improvement Project and permission to apply the TDA Article 3 funds to the revised project described in Attachment B to this resolution, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW THEREFORE BE IT RESOLVED THAT:
1. The City of Brentwood approves a revision to the Minnesota Avenue Sidewalk Improvement Project to construct two lighted crosswalks with flashing beacons; and

2. The City of Brentwood approves the request to MTC for approval of the revision and requests permission to apply the TDA Article 3 funds to the revised project.

3. The City of Brentwood declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

4. There is no pending or threatened litigation that might adversely affect the project described in Attachment B to this resolution, or that might impair the ability of the City of Brentwood to carry out the project.

5. The City of Brentwood attests to the accuracy of and approves the statements in Attachment A to this resolution.

6. 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 Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the day of November 9, 2004 by the following vote:

Resolution No.
Attachment A

Re: Request to the Metropolitan Transportation Commission for approval of a revision to the scope of the Minnesota Avenue Sidewalk Improvement Project and for permission to apply previously allocation Fiscal Year 2004-05 Transportation Development Act. Article 3. Pedestrian/Bicycle Project Funding to the revised project.

Findings
Page 1 of 2

1. That the City of Brentwood 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 Brentwood legally impeded from undertaking the project described in “Attachment B” of this resolution.

2. That the City of Brentwood has committed adequate staffing resources to complete the project described in “Attachment B”.

3. A review of the project 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.

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 described in “Attachment B” complies with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), and that the City of Brentwood is in possession of the document supporting such compliance and said documents have been made available for public review and stamped by the County Clerk or County Recorder of the county in which the claimant is located.

6. That as portrayed in the budgetary description of the project in “Attachment B”, the sources of funding other than TDA are assured and adequate for completion of the project.

7. That the project described in “Attachment B” is 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 the TDA Article 3 funding for such a plan has not been received by the City of Brentwood within the prior five fiscal years.

8. That the project described in “Attachment B” is a bicycle project and has 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” 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 described in “Attachment B” is ready to commence implementation during the fiscal year of the requested allocation.

11. That the City of Brentwood agrees to maintain, or provide for the maintenance of, the project and facilities described in “Attachment B”, for the benefit and use by the public.

Resolution No.
Attachment B

TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2004/2005 Applicant: City of Brentwood
Contact person: Karen Wahl, Grant Administrator
Mailing Address: 150 City Park Way, Brentwood, CA 94513
E-Mail Address: kwahl@ci.brentwood.ca.us Telephone: (925) 516-5159
Secondary Contact (in event primary not available) Frank Lideros, Associate Engineer
E-Mail Address: flideros@ci.brentwood.ca.us Telephone: (925) 516-5420

Short Title Description of Project: Minnesota Avenue Sidewalk Improvement

Amount of claim: $31,500

Functional Description of Project:
This project will sign and restripe the bike lane on the east side of Minnesota Avenue, remove the existing mid-block crosswalk, install two in-pavement lighted crosswalks and flashing beacons at Sand Creek and Deer Creek and construct 210 linear feet AC sidewalk and curb.

Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction, construction management and contingency). 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 (make certain the use of the currently requested funding is made clear in the “Project Elements” section below, and include any other clarifying information on the next page).

Project Elements:
Item Unit Quantity Cost Total
5’ Wide AC Sidewalk (2’ AC/4’ CL 2 AB) LF 210 $4.50 945.00
Asphalt and Base (6’ over 14”) SF 4,500 2.60 11,700.00
AC Curb LF 900 5.00 4,500.00
Lighted Crosswalks EA 2 40,000.00 80,000.00
Flashing Beacons EA 4 2,000.00 4,000.00
Signing/Striping LS 1 1,000.00 1,000.00
Mobilization LS 1 10,000.00 10,000.00
Subtotal 112,145.00
Contingency (10%) 11,214.50
Total 123,359.50

Full Project Budget:
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $0 $31,500 $0 $0 $31,500
list all other sources:
1. Roadway Facility Fees $
$91,859.50
$0
$0 $91,859.50
Totals $0 $123,359.50
$0
$0 $123,359.50

Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," on the next page provide the approximate date approval is anticipated). YES
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next 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 at: http://www.dot.ca.gov/hq/oppd/hdm/chapters/t1001.htm). N/A
D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page). 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? (If “NO” provide and explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). YES
F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the allocation expires? Enter the anticipated completion date of project (month and year) May 2006 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

TDA Article 3 Project Application Form
Explanatory Comments Page

Short Title Description of Project: Minnesota Avenue Sidewalk Improvement

Enter explanatory comments below, as required due to certain “YES” or “NO” answers to items “A” through “G” on the Project Application Form, or to provide information that will not fit on the application form, or to provide information that will clarify any potential confusion concerning the scope, cost or schedule of the project.

A. The project is included in the Roadway Improvements in the adopted 2004/05 – 2008/09 City of Brentwood Capital Improvement Program (CIP). The CIP description of this project indicates that it is necessary to provide security and improve safety for bicyclists and pedestrians.

B. The project was awarded FY 2004/2005 TDA Article 3 funding; a necessary revision of the project scope requires MTC approval to apply those funds.

C. The existing bike lane on the east side on Minnesota Avenue meets Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual.

D. This is a project that has been initiated at the request of the City of Brentwood Bicycle Subcommittee. The project will provide safe crossings to Bristow Middle School with two lighted crosswalks and flashing beacons at Deer Creek and Sand Creek. The project has also been suggested and is supported by the traffic enforcement division of the Brentwood Police Department.

E. The revised project scope will involve negligible or no expansion of use therefore a Categorical Exemption has been filed with the Contra Costa County Clerk indicating the project is categorically exempt as per Section 15301 (c), “Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and similar facilities”. A filed copy of the Notice of Exemption is attached to this application.

G. Funds for maintenance have been budgeted in the City of Brentwood Capital Improvement Program, 2004/05 – 2008/09.

NOTICE OF EXEMPTION

TO: ____ Office of Planning and Research FROM: City Of Brentwood
1400 Tenth Street 150 City Park Way
Sacramento, CA 95814 Brentwood, CA 94513

X County Clerk
County of Contra Costa
725 Court Street, Courthouse
Martinez, CA 94553

Project Title: Minnesota Avenue Sidewalk Improvements

Project Location - Specific: East side of Minnesota Avenue from Deer Creek to Sand Creek

Project Location - City: City of Brentwood County: Contra Costa

Description of Nature, Purpose and Beneficiaries of Project:
The proposed project will remove an existing crosswalk and install two in-pavement lighted crosswalks and flashing beacons to the north and the south of the existing crosswalk, sign and restripe the roadway and Class II bike lane and construct an AC sidewalk and curb along approximately 210 linear feet on the east side of Minnesota Avenue. The beneficiaries of the project are parents and students of Bristow Middle School and the general public.

Name of Public Agency Approving Project: City of Brentwood

Name of Person or Agency Carrying Out Project: City of Brentwood

Exempt Status: Categorical Exemption, Section 15301(c)

Reason Why Project is Exempt: The proposed project will involve minor alterations to Minnesota Avenue and will cause negligible or no expansion of use of the roadway beyond that which currently exists and therefore meets the requirements for Class I Exemption under CEQA.

Contact Person: Karen Wahl, Grant Administrator
Telephone Number: (925) 516-5159

_________________________________ _________________________________
Signature Date
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov