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Resolution No. 2023-31 | Request for FY 24 Pedestrian/Bicycle Project Funding from MTC | Adopted 05/15/2023
RESOLUTION 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY REQUESTING THE ALLOCATION OF FISCAL
YEAR 2024 TRANSPORTATION DEVELOPMENT ACT
ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT
FUNDING FROM THE METROPOLITAN
TRANSPORTATION COMMISSION
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, 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. 4108, Revised 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
WHEREAS, the City of Gilroy 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
NOW, THEREFORE, BE IT RESOLVED THAT the City of Gilroy declares it is
eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the
Public Utilities Code, and furthermore, be it
RESOLVED THAT 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 Gilroy to carry out the project; and, furthermore,
be it
RESOLVED THAT the City of Gilroy attests to the accuracy of and approves the
statements in Attachment A to this resolution; and furthermore, be it
RESOLVED THAT 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.
Resolution No. 2023-31
Request for Fiscal Year 2024 Pedestrian/Bicycle Project Funding from MTC
City Council Regular Meeting | May 15, 2023
Page 2 of 2
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 15th day of May 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (May 16, 2023 17:08 PDT)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2023-31 is an original resolution, or true and correct copy of a
city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, May 15, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, May 15, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
Resolution No. 2023-XX
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year
2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
Page 1 of 2
1. That the City of Gilroy 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 Gilroy legally impeded from undertaking the project(s)
described in “Attachment B” of this resolution.
2. That the City of Gilroy 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 final design
and engineering or quick build project; and/or for the maintenance of a Class I bikeway
which is closed to motorized traffic and/or Class IV separated bikeway; 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 Gilroy 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 outlined in Section 2377 of the California
Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate
community need, such as a quick-build project.
Findings
Page 2 of 2
9. That any project described in Attachment B bicycle project meets the mandatory minimum
safety design criteria published in the California Highway Design Manual or is in a National
Association of City and Transportation Officials (NACTO) guidance or similar best practices
document.
10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal
year of allocation plus two additional fiscal years).
11. That the City of Gilroy 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.
Resolution No. 2023-XX
Page 1
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Gilroy
2. Primary Contact Susana Ramirez, Engineer I
3. Mailing Address 7351 Rosanna St, Gilroy, CA 95020
4. Email Address susana.ramirez@cityofgilroy.org 5. Phone
Number
408-846-0212
6. Secondary Contact
(in the event primary
is not available)
Ogarita Carranza, Management Analyst
7. Mailing address (if
different) N/A☒
8. Email Address Ogarita.Carranza@cityofgilroy.org 9. Phone
Number
408-846-0255
10. Send allocation
instructions to (if
different from above):
11. Project Title FY24 Citywide Curb Ramp Project
12. Amount requested $220,000 13. Fiscal Year of
Claim
2024
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW
are ineligible uses of TDA funds.)
16. Project Location: A map of the project location is attached or a link to a online map of the project
location is provided below:
This project will perform curb ramp upgrades at various locations throughout the City to meet ADA accessibility
standards.
The TDA funds being requested will be used only for construction costs. The local funds will be used for construction,
construction management, and design costs.
See attached.
Resolution No. 2023-XX
Page 2
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒
19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐
If “YES,” identify the date and provide a copy or link to the agenda.
If "NO," provide an explanation. Expected Date:
B. Has the project been approved by the claimant's governing body? Yes☐ No☒
If "NO," provide expected date: May 15, 2023
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒
(If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? N/A☒
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐
Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐
Cite the basis for the exemption. __________________________ N/A☒
If the project is not exempt, please check “NO,” and provide environmental
documentation, as appropriate.
F. Estimated Completion Date of project (month and year): June 2024
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐
the claimant arranged for such maintenance by another agency? (If an agency other
than the Claimant is to maintain the facility, please identify below and provide the agreement.
Project
Phase TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E
ROW
CON $220,000 $20,000 $240,000 06/2024
Total Cost $220,000 $20,000 $240,000
Resolution No. 2023-XX
Page 3
The City shall maintain the project.
H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒
If the amount requested is over $250,000 or if the total project phase or construction
phase is over $250,000, a Complete Streets checklist is likely required. Please attach
the Complete Streets checklist or record of review, as applicable. More information
and the for may be found here: https://mtc.ca.gov/planning/transportation/complete-streets
May 4, 2023 | 6:00 PM Page 1 of 4 Planning Commission
Regular Meeting Agenda
PLANNING COMMISSION
REGULAR MEETING AGENDA
Thursday, May 4, 2023 | 6:00 PM
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA 95020
Chair: Manny Bhandal:
manny.bhandal@cityofgilroy.org
Vice Chair: Annedore Kushner:
annedore.kushner@cityofgilroy.org
Commissioners:
Stefanie Elle:
stefanie.elle@cityofgilroy.org
Adriana Leongardt:
adriana.leongardt@cityofgilroy.org
Joan Lewis:
joan.lewis@cityofgilroy.org
Kelly Ramirez
kelly.ramirez@cityofgilroy.org
Michelle Montez:
michelle.montez@cityofgilroy.org
Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org
Written comments can be submitted by email to planningdivision@cityofgilroy.org Please note that
written comments will not be read out loud, but will be part of the written record.
Comments by the public will be taken on any agenda item before action is taken by the Planning
Commission. Persons speaking on any matter are asked to state their name and address for the
record. Public testimony is subject to reasonable regulations, including but not limited to time
restrictions on particular issues and for each individual speaker. A minimum of 12 copies of
materials should be provided to the Clerk for distribution to the Commission and Staff. Public
comments are limited to no more than three-minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department
at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning
Commissioners prior to or at the meeting and are available for public inspection at the Planning
Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be
incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to
the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A
sound enhancement system is available in the City Council Chambers.
Planning Commission
Regular Meeting Agenda Page 2 of 4 May 4, 2023 | 6:00 PM
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the
public hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding
officer calls for comments from those persons who are in support of or in opposition thereto. After
persons have spoken, the hearing is closed and brought to the Planning Commission level for
discussion and action. There is no further comment permitted from the audience unless requested
by the Planning Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution
of the agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials
are also available with the agenda packet on the City website at www.cityofgilroy.org
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE.
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION
STAFF AT (408) 846-0204 or by email at cityclerk@cityofgilroy.org.
1. OPENING
2. PLEDGE OF ALLEGIANCE
3. REPORT ON POSTING THE AGENDA AND ROLL CALL
4. PUBLIC COMMENTS
(Three-minute time limit). This portion of the meeting is reserved for persons desiring to
address the Planning Commission on matters not on the agenda. The law does not permit
the Planning Commission action or extended discussion of any item not on the agenda except
under special circumstances. Comments on any agenda item may be emailed to the Planning
Division at planningdivision@cityofgilroy.org or mailed to Community Development
Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the
Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed
to the Planning Commission prior to or at the meeting and available for public inspection with
the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street
prior to the meeting. Any correspondences received will be incorporated into the meeting
Planning Commission
Regular Meeting Agenda Page 3 of 4 May 4, 2023 | 6:00 PM
record. Items received after 1:00pm deadline will be provided to the Planning Commission as
soon as practicable. All statements that require a response will be referred to staff for reply in
writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD
CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION
PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR
IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES
DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. 5. CONSENT AGENDA
5.1. April 6, 2023 Planning Commission Meeting Minutes
5.2. April 20, 2023 Planning Commission Meeting Minutes
6. PUBLIC HEARINGS
6.1. Gilroy Square proposed Gilroy Crossings Phase II Planned Unit
Development Zoning Amendment, Architectural and Site Plan Review, and
Tentative Map for Property Located at 6970 Camino Arroyo (Z 22-01, AS 21-
13, TM 21-02).
1. Staff Report: Kraig Tambornini, Senior Planner
2. Open Public Hearing
3. Close Public Hearing
4. Disclosure of Ex-Parte Communications
5. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Consider and recommend that the City Council adopt the Mitigated
Negative Declaration prepared for the project, based on findings required
by the California Environmental Quality Act (CEQA); and
b) Adopt a resolution recommending that the City Council approve the PUD
Zoning Amendment Z 22-01 for Gilroy Crossings Phase II as requested;
and
c) Adopt a resolution recommending that the City Council approve the
Architectural and Site Review AS 21-13 for the Planned Unit
Development, subject to certain findings and conditions; and
d) Adopt a resolution recommending that the City Council approve the
Tentative Map TM 21-02, subject to certain findings and conditions.
7. NEW BUSINESS
7.1. Finding of Consistency for the Capital Improvement Program for Fiscal
Year 2024 through Fiscal Year 2028 to Determine its Consistency with the
City’s General Plan and the California Environmental Quality Act (CEQA)
1. Staff Report: Daryl Jordan, Public Works Director
2. Open Public Comment
Planning Commission
Regular Meeting Agenda Page 4 of 4 May 4, 2023 | 6:00 PM
3. Close Public Comment
4. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Receive report on proposed Capital Improvement Program (CIP) Fiscal
Year 2024 through Fiscal Year 2028; and
b) Adopt a Resolution to make a Finding of Consistency with the General
Plan. (roll call vote)
7.2. Planning Commission Review of a Resolution of the City Council of the
City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation
Development Act Article 3 Pedestrian/Bicycle Project Funding from the
Metropolitan Transportation Commission
1. Staff Report: Susana Ramirez, Engineer I
2. Open Public Comment
3. Close Public Comment
4. Possible Action:
Receive report, provide feedback, and recommend City Council adopt a
resolution to approve the Transportation Development Act Article 3 grant funding
request from the Metropolitan Transportation Commission for Fiscal Year 2024.
8. INFORMATIONAL ITEMS
8.1. Planning Division Staff Approvals
9. PLANNING DIVISION REPORT
10. ASSISTANT CITY ATTORNEY REPORT
11. ADJOURNMENT To the Next Meeting of June 1, 2023 at 6:00 PM
