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CITY COUNCIL AGENDA ITEM NO. 29

Meeting Date: December 13, 2005

Subject/Title: Approve a Resolution authorizing submittal of a grant proposal to the Metropolitan Transportation Commission FY 2006/2007 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Program for funding of the Creek Road Trail Connection to Marsh Creek Trail project, CIP 522-5212.

Prepared by: Karen Wahl, Grants Program Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve a resolution authorizing submittal of a grant proposal in the amount of $100,000 to the Metropolitan Transportation Commission FY 2005/2006 Transportation Development Act (TDA), Article 3 Pedestrian/Bicycle Program for funding of the Creek Road Trail Connection to Marsh Creek Trail project, CIP 522-5212.

PREVIOUS ACTION
None for this project. Previous City of Brentwood TDA Article 3 applications and allocations approved by Council are as follows:

FY 2005-06 Res. 2004-275 Signal Modification Project CIP 336-3132 $66,000
FY 2004-05 Res. 2004-22 Minnesota Ave. Sidewalk Imp. CIP 336-3154 $31,500
FY 2003-04 Res. 2782 Sidewalk Curb Cuts for Bicycle Access CIP 522-5212 $30,000
FY 1999-00 Res. 98-8 Marsh Creek Trail Undercrossing CIP 336081 $25,000

BACKGROUND
The Transportation Development Act (TDA) funds are derived from ¼ of each cent of the State sales tax returned to the county of origin and distributed to the cities and counties on a population basis. By State law, 2% of each entity’s TDA allocation is set aside for bicycle and pedestrian paths as TDA Article 3 funds.

MTC makes annual allocations of TDA funds to eligible claimants after review of all applications that have been screened by the Countywide Bicycle Advisory Committee (CBAC) and/or the local agency Bicycle Committee, then reviewed by the TDA subcommittee of the City-County Engineering Advisory Committee (CCEAC). All cities and counties in each of the nine MTC region counties are eligible to apply for funds under TDA Article 3 if they meet criteria in § 99234 of the Public Utilities Code and if the project is included in an adopted comprehensive bikeway plan as outlined in §2377 of the California Bikeways Act, Streets and Highways Code. MTC has not yet released the estimated funding level for Contra Costa this year however previous allocations ranged from $417,100 in FY 2003-04 to $883,528 in FY 2005-06.

Staff recommends submittal of an application for the Creek Trail Road Connection to the Marsh Creek Trail for allocation of funds in FY 2006-07 in the amount of $100,000. The project will begin with a connection between Maayan Place and the Marsh Creek Trail and will continue parallel to the trail southerly to approximately Suntan Lane where another connection to the Marsh Creek Trail will be established. The project provides a vital pedestrian link between two completed sections of the Marsh Creek Trail. By providing a separate pedestrian path between the two sections, the City will be reducing conflicts between motorists, bicycle riders and pedestrians as well as providing a clear hierarchy for users.

Cyclists will be asked to use the roadway for this one half mile long section, until the multi use trail resumes, and that they follow all traffic laws. Pedestrians are to stay on the clearly marked 6-foot wide pathway, which will be directly adjacent to the roadway for a portion and a separated path for a majority of the distance. Stop signs and trail rule signs will be part of the project, as will striping and lettering on the paving itself to help clarify each user type’s proper place.

FISCAL IMPACT
The estimated cost for this project is $168,860. Staff recommends an application for TDA funds in the amount of $100,000. The remainder of the project, including a 10% contingency, has been budgeted in the Trails Project, CIP 522-5212 as follows:

Creek Road Trail Connection to Marsh Creek Trail
Item Number Description Qty Unit Unit Price Total
1 Design & Construction Documents 1 LS 5,000.00 5,000.00
2 Fine grading 20,000 SF 0.25 5,000.00
3 Hydroseed 20,000 SF 0.15 3,000.00
4 Fine grading at swale 1,000 SF 0.75 750.00
5 Mobilization 1 LS 5,000.00 5,000.00
6 Erosion Control 1 LS 10,000.00 10,000.00
7 Drainage (6" pipe) 80 LF 25.00 2,000.00
8 Drainage inlet, site formed with grate 1 LS 2,000.00 2,000.00
9 Asphalt paving 15,000 SF 6.50 97,500.00
10 Pavement markings 1 LS 1,500.00 1,500.00
11 Striping 1,000 LF 5.00 5,000.00
12 Signage 2 EA 2,000.00 4,000.00
13 Trail Stop Sign 1 EA 800.00 800.00
SUBTOTAL 141,550.00

Contingency (10%) 1 LS 13,655.00 13,655.00

SUBTOTAL 155,205.00

Construction Engineering (10%) 1 LS 13,655.00 13,655.00

TOTAL 168,860.00

Attachments:
Resolution
Exhibit A - Findings
Exhibit B - TDA Article 3 FY 2006-07 Application
Draft Notice of Exemption
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE SUBMITTAL OF A GRANT PROPOSAL TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR THE ALLOCATION OF FISCAL YEAR 2006/2007 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PEDESTRIAN/BICYCLE PROGRAM FOR THE CREEK ROAD TRAIL CONNECTION TO MARSH CREEK TRAIL, CIP NUMBER 522-5212

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. 876, 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. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as party of a single, countywide coordinated claim from each county in the San Francisco Bay region; and

WHEREAS, the City of Brentwood desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the 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:
1. That 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; and
2. That 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; and
3. That the City of Brentwood attests to the accuracy of and approves the statements in Attachment A to this resolution; and
4. That a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the countywide transportation planning agency 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 13th day of December, 2005 by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor
ATTEST:
_______________________________
Margaret Wimberly, CMC
City Clerk/Director of Administrative Services

RESOLUTION NO.

Attachment A

Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2006-07 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding

Findings
Page 1 of 1

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 project 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.).

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 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(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 outline in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.).

9. That any project described in Attachment B that 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 of and use by the public.

RESOLUTION NO.

Attachment B
Page 1 of 3

TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2006/2007 Applicant: City of Brentwood
Contact person: Karen Wahl, Grant Program Manager
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) Ken DeSilva, Landscape/Facilities Manager
E-Mail Address: kdesilva@ci.brentwood.ca.us Telephone: (925) 516-5375

Short Title Description of Project: Creek Road Trail Connection to Marsh Creek Trail
Amount of claim: $100,000

Functional Description of Project:
The proposed Creek Road Trail Connection project will begin with a connection between Maayan Place and the Marsh Creek Trail and will continue southerly to approximately Suntan Lane where another connection to the Marsh Creek Trail will be established. The project provides a vital pedestrian link between two completed sections of the Marsh Creek Trail. By providing a separate pedestrian path between the two sections, the City will be reducing conflicts between motorists, bicycle riders and pedestrians as well as providing a clear hierarchy for users.

Cyclists will be asked to use the roadway for this one half mile long section, until the multi use trail resumes, and that they follow all traffic laws. Pedestrians are to stay on the clearly marked 6-foot wide pathway, which will be directly adjacent to the roadway for a portion and a separated path for a majority of the distance. Stop signs and trail rule signs will be part of the project, as will striping and lettering on the paving itself to help clarify each user type’s proper place.

Financial Plan:
TDA funding is being requested for

Project Elements: CONSTRUCTION $100,000

Funding Source All Prior FYs Application FY 06-07 Next FY Following FYs Totals
TDA Article 3 100,000 100,000
Construction
list all other sources:
1. City Facility Fees
Design & Construction Documents; Environmental 5,000
(2005/06) 5,000
Construction, Inspection, Contingency, Audit 50,205 50,205
Construction Engineering 13,655 13,655
Totals 163,860 168,860

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. NO
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).
YES

TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2006/2007 Applicant: City of Brentwood Page 2 of 3

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). NO
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) June, 2007 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:
Contra Costa County Public Works Department – Signal Maintenance YES

TDA Article 3 Project Application Form
Explanatory Comments Page 3 of 3

Short Title Description of Project:
Creek Road Trail Connection to Marsh Creek Trail

The project provides a vital pedestrian link between two completed sections of the Marsh Creek Trail, beginning at approximately Maayan Place and connecting again at approximately Suntan Lane. By providing a separate pedestrian path between the two sections, the City will be reducing conflicts between motorists, bicycle riders and pedestrians as well as providing a clear hierarchy for users.

Cyclists will be asked to use the roadway for this one half mile long section, until the multi use trail resumes, and that they follow all traffic laws. Pedestrians are to stay on the clearly marked 6-foot wide pathway, which will be directly adjacent to the roadway for a portion and a separated path for a majority of the distance. Stop signs and trail rule signs will be part of the project, as will striping and lettering on the paving itself to help clarify each user type’s proper place.

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.

D. The City of Brentwood Bicycle Subcommittee reviewed and commented on all existing and proposed trails and bike lanes included in the 2001 East County Bicycle Plan and in the 2005 update to the East County Bicycle Plan.

E. A Categorical Exemption will been filed with the Contra Costa County Clerk indicating the project is exempt per Article 19, Section 15304(h)- the creation of bicycle lanes on existing right of way. A stamped copy of the Notice of Exemption will be mailed once it has been filed by the County Clerk.

G. Funds for maintenance have been budgeted in the City of Brentwood Capital Improvement Program, 2005/06 – 2009-10 in the Trails Project, CIP 522-5212.
 

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E-mail allcouncil@brentwoodca.gov