REPORT TO COUNCIL
SUBJECT
Title
Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Funding of $411,038
Report
SUMMARY OF COMMISSION ACTION
The Transportation Development Act (TDA) Article 3 is a source of funding created by State legislation and processed through the Santa Clara Valley Transportation Authority and Metropolitan Transportation Commission (MTC) that annually returns sales tax revenues designated for bicycle and pedestrian projects to local agencies. For FY 2024/25, the City will have $411,038 in TDA funding for reimbursement of eligible projects.
The Bicycle and Pedestrian Advisory Commission (BPAC) considered this item at their February 15, March 21, and May 16, 2024 meetings.
At the May 16, 2024 BPAC meeting, staff recommended Alternative 1: Recommend to City Council to bank FY 2024/25 TDA Article 3 grant funding for the construction phase of Project No.1 to Install Sidewalk on Poplar Avenue to be consistent with Council’s preliminary direction at the June 20, 2023 Council meeting.
However, BPAC voted for Alternative 2: Recommend to City Council to use the FY 2024/25 TDA Article 3 grant funding for:
• Project No. 2 - Convert all part-time bike lanes on Homestead Road into full-time bike lanes (Design Phase: $110,000); and
• Bank the remaining funds ($301,038).
The vote was 6-0, with 1 Commissioner absent.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Bank the Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Funding of $411,038 for utilization during the construction phase of the Install Sidewalk on Poplar Avenue Project.
2. Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Funding of $110,000 for the Design Phase of the Homestead Road Full-time Bike Lanes Project and Bank the Remainder of the Funding ($301,038).
3. Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Funding of $411,038 for different project(s).
STAFF RECOMMENDATION
Recommendation
Alternative 1: Bank the Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Funding of $411,038
JUSTIFICATION FOR RECOMMENDATION
At the June 20, 2023 City Council meeting, the City Council approved using $160,000 of the FY 2023/24 TDA Article 3 funds for the design phase of the Install Sidewalks on Poplar Avenue Project (Project No.1) and to bank the remaining FY 2023/24 funds of $176,620 for the construction phase of the Install Sidewalks on Poplar Avenue Project (Project No.1) (RTC No. 23-0241).
At the February 6, 2024 City Council meeting, the City Council reaffirmed the action to reserve the future TDA Article 3 funding allocations for the construction phase of the Install Sidewalks on Poplar Avenue Project (Project No. 1) when they approved the design contract for the Install Sidewalk on Poplar Avenue Project (RTC No. 24-0016). Therefore, staff is recommending Alternative 1 to align with the previous City Council actions. Once implemented, the sidewalk will provide improved, connected, safe and convenient walking and biking access to students to and from Peterson Middle School.
If Council selects Alternative 2, which was recommended by the BPAC, then MTC requires City Council to adopt a resolution to authorize the filing of an application for the allocation of fiscal year 2024/25 TDA Article 3 funds (see Attachment 7).
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check or “Y” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
_Y_ General policy and legislative actions
Staff
Prepared by: Angela Wong, Transportation Engineer
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Report to Bicycle and Pedestrian Advisory Commission 24-0530, May 16, 2024 (without attachments)
2. MTC Resolution No. 4108
3. Policies and Procedures Update on TDA Article 3 (Res. 4108)
Additional Attachments for Report to Council
4. Excerpt of Minutes of the Bicycle and Pedestrian Advisory Commission Meeting of February 15, 2024
5. Excerpt of Minutes of the Bicycle and Pedestrian Advisory Commission Meeting of March 21, 2024
6. Excerpt of Draft Minutes of the Bicycle and Pedestrian Advisory Commission Meeting of May 16, 2024
7. Draft Resolution (for Alternative 2)