Loading...
04/04/2022 City Council Regular Agenda Packet March 31, 2022 7:10 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, APRIL 4, 2022 **NOTE**: COUNCIL WILL OPEN INTO CLOSED SESSION AT THE BEGINNING OF THE MEETING. COUNCIL ANTICIPATES ADJOURNING TO OPEN SESSION AT 6:30 P.M., OR SOON THEREAFTER CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. Written comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU. In compliance with the Americans with Disabilities Act, and Assembly Bill 361, 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 a minimum of 72 hours prior to the meeting at (408) 846-0204. 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 City Council 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. City Council Regular Meeting Agenda 04/4/2022 Page2 A Closed Session may be called during this meeting pursuant to Government C ode Section 54956.9 (d)(2) 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 City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. 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 The agenda for this regular meeting is as follows: 1. Call to Order 1. Roll Call 2. City Clerk's Report on Posting the Agenda 2. CLOSED SESSION 2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b) (Two Cases as Defendant based upon claims filed by Jesse Sanchez, Jr. and Daniel Zuniga). 1. Receive advice from City Attorney pursuant to Gilroy City Code Section 17A.11(3) to assert the attorney-client privilege and enter into closed session because discussion in open session would likely and unavoidably prejudice the position of the City. 2. Receive Public Comment on Closed Session Item. 3. Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjou rn to Closed Session. 3. ADJOURN TO OPEN SESSION (6:30 P.M., or soon thereafter) Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e) City Council Regular Meeting Agenda 04/4/2022 Page3 4. OPENING OF OPEN SESSION 4.1. Call to Order 1. Pledge of Allegiance 2. Invocation 4.2. Orders of the Day 4.3. Employee Introductions 5. CEREMONIAL ITEMS 5.1. Proclamations, Awards, and Presentations 5.1.1. Proclamation in Support of Ukraine 6. PRESENTATIONS TO THE COUNCIL 6.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on th e agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of th e agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically. City Council Regular Meeting Agenda 04/4/2022 Page4 7. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater Authority (Alternate) Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Reg ional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate) Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 8. FUTURE COUNCIL INITIATED AGENDA ITEMS City Council Regular Meeting Agenda 04/4/2022 Page5 9. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unle ss a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. 9.1. Action Minutes for March 21, 2022 City Council Regular Meeting 9.2. Adopt a Resolution Establishing the City's Pension Funding Policy 9.3. Gilroy Senate Bill 9 Objective Design Standards Policy Update 9.4. Adoption of An Ordinance of the City Council of the City of Gilroy Adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to Create and Enforce a Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks 10. BIDS AND PROPOSALS 11. PUBLIC HEARINGS 11.1. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code 1. Staff Report: Jonathan Crick, Deputy Fire Marshal 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. 12. UNFINISHED BUSINESS 12.1. Appointments to City Boards, Commissions and Committees With Open Vacancies 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to Boards, Commissions and Committees with open vacancies. City Council Regular Meeting Agenda 04/4/2022 Page6 13. INTRODUCTION OF NEW BUSINESS 13.1. Proposed Gilroy Police Department Policy for the Use of Military Equipment in Accordance with Assembly Bill 481 1. Staff Report: Luke Powell, Captain 2. Public Comment 3. Possible Action: That the City Council Review and Provide Feedback Concerning the Military Equipment Use Policy Pursuant to Assembly Bill 481 14. CITY ADMINISTRATOR'S REPORTS 14.1. Pickleball Update 14.2. 2021 Tree City 14.3. 2022 Valley Water Rate Adjustment 15. CITY ATTORNEY'S REPORTS 16. CLOSED SESSION 16.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees; Part-Time/Temporary/Seasonal Employees (Hourly & Exempt) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA) 1. Receive Public Comment on Closed Session Item. 17. ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e) 18. ADJOURNMENT City Council Regular Meeting Agenda 04/4/2022 Page7 FUTURE MEETING DATES APRIL 2022 18* Regular Meeting - 6:00 p.m. 25* Special Joint Meeting with Gilroy Unified School District - 6:00 p.m. MAY 2022 2* Regular Meeting - 6:00 p.m. 16* Regular Meeting - 6:00 p.m. JUNE 2022 6* Regular Meeting - 6:00 p.m. 20* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised 5.1.1 Packet Pg. 8 Communication: Proclamation in Support of Ukraine (Proclamations, Awards, and Presentations) City of Gilroy STAFF REPORT Agenda Item Title: Action Minutes for March 21, 2022 City Council Regular Meeting Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve the minutes. Attachments: 1. Action Minutes 9.1 Packet Pg. 9 City Council Regular Meeting Minutes March 21, 2022 Page 1 of 8 City Council Meeting Minutes 03/21/2022 City of Gilroy City Council Meeting Minutes March 21, 2022 1. OPENING 1.1. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley. 1. Pledge of Allegiance Council Member Bracco led the Pledge of Allegiance. 1.1.2. Invocation Pastor MacPhail from New Hope Community Church led the Invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. Attendee Name Title Status Marie Blankley Mayor Present Rebeca Armendáriz Council Member Present Dion Bracco Council Member Present Zach Hilton Council Member Present Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Present Fred Tovar Council Member Present 1.2. Orders of the Day There were none. 1.3. Employee Introductions Police Chief Espinosa introduced Officers Nicolas Ferreya and Quality of Life Officers Cameron Helms and Corporal Bobby Griffith. Finance Director Sangha introduced Vickie Rahman, promoted to Finance Manager, and Maria Portillo, Accounting Assistant I. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 2.1.1. Proclamation: Fair Housing Month Mayor Blankley read aloud proclamation for Fair Housing Month. 3. BOARD AND COMMISSION INTERVIEWS 9.1.a Packet Pg. 10 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 2 of 8 City Council Meeting Minutes 03/21/2022 3.1. Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of March 21, 2022 for Future Appointment April 4, 2022 City Clerk Pham provided a brief presentation to Council. Possible Action: Interview candidates for open seats on City Boards, Commissions, and Committees vacant as of March 21, 2022. The Council conducted a Commission Interview with Applicant Patterson. 4. PRESENTATIONS TO THE COUNCIL 4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Blankley opened the public comment period. City Clerk Pham reported one written public Comment was received by Maria Aguilar. The following individuals spoke on items not on the agenda: Cheryl Parks inquired about the Gourmet Alley grant funds. Ron Kirkish stated that some of the line items within the Gourmet Alley grant were questionable. Petra Macias asked Council what they can do to make the community safe. There being no further public comment, Mayor Blankley closed public comment. 5. REPORTS OF COUNCIL MEMBERS Council Member Bracco had no report. Council Member Armendáriz had no report. Council Member Marques reported on Gilroy Gardens Board Retreat and San ta Clara Valley Habitat Agency Governing Board. Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board. Vice Mayor Leroe-Muñoz reported that he will be meeting with the Silicon Valley Regional Interoperability Authority Board and reported that this year is the driest start to California's year in recorded history. Council Member Tovar thanked Council Members, City staff, and the community for their support in his mother's passing. Mayor Blankley reported on the three initiatives from the Gilroy Economic Development Partnership, Sister Cities Association with Takko Machi, Habitat Agency Board, and VTA Policy Advisory Committee. She also notified that the City received a Letter of Clearance from the State with regards to the Surplus Land Act 9.1.a Packet Pg. 11 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 3 of 8 City Council Meeting Minutes 03/21/2022 process for the property at Gilroy Gardens. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco requested if Council could receive an update on the Homeless Task Force. The request received unanimous support. Council Member Hilton requested Council to adopt a resolution in support of Ukraine on the April 4th City Council Regular Meeting. The item received unanimous support. 7. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 7.1. Action Minutes of the March 7, 2022 City Council Regular Meeting A motion was made to approve the minutes. 7.2. Accept and File Quarterly Cash and Investment Reports as of December 31, 2021 A motion was made to accept and file the quarterly cash and investment reports. 7.3. Claim of St. Mary's School (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) A motion was made to deny the claim. 8. BIDS AND PROPOSALS There were none listed. 9. PUBLIC HEARINGS There were none listed. 10. UNFINISHED BUSINESS 10.1. Review Draft Pension Funding Policy and the Utilization of Savings from the Potential Pension Obligation Bonds Finance Director Sangha gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed Public Comment. 9.1.a Packet Pg. 12 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 4 of 8 City Council Meeting Minutes 03/21/2022 Possible Action: 1. Receive report and provide direction. RESULT: RECEIVE REPORT [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 11. INTRODUCTION OF NEW BUSINESS 11.1. Receive FY22 Mid-Year Budget Update, Approve Adjustment of Select Positions as Recommended, and Adopt Resolutions Updating the FY22 and FY23 Position Control List and Budget Amendment in the Liability Insurance Fund. Finance Director Sangha gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Ron Kirkish requested license camera readers to become a future priority within the City's budget. There being no further comments, Mayor Blankley closed Public Comment. Possible Action: 1. Receive the FY22 mid-year budget update. 2. Approve adjustments to select positions as recommended. 3. Adopt a resolution updating the City’s FY22 and FY23 Position Control List 4. Adopt a resolution amending the City’s FY22 budget to appropriate $350,000 in the Liability Insurance Fund. A motion was made by Council Member Tovar, seconded by Council Member Armendáriz, to receive the FY22 mid-year budget update, approve adjustments to select positions as recommended, adopt a resolution updating the City’s FY22 and FY23 Position Control List, and adopt a resolution amending the City’s FY22 budget to appropriate $350,000 in the Liability Insurance Fund. The motion passed by the following vote: RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar x Resolution Updating the City’s FY22 and FY23 Position Control List Enactment No.: Resolution No. 2022-014 9.1.a Packet Pg. 13 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 5 of 8 City Council Meeting Minutes 03/21/2022 x Resolution Amending the City’s FY22 budget to appropriate $350,000 in the Liability Insurance Fund Enactment No.: Resolution No. 2022-015 11.2. Council Consideration of Support, Neutrality, or Opposition to Assembly Bill 1944 (Teleconference by Members of the Legislative Body from Undisclosed Location) Senior Management Analyst Atkins gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Ron Kirkish stated that Council Members participating in meetings virtually should be the exception and not the rule. There being no further comments, Mayor Blankley closed Public Comment. Possible Action: Council provide direction regarding its policy stance on Assembly Bill 1944. A motion was made by Vice Mayor Leroe-Muñoz, seconded by Council Member Bracco, to send a letter opposing AB 1944 to Cities Association and League of California Cities. The motion passed by the following vote: RESULT: OPPOSE AB 1944 [6 TO 1] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Zach Hilton 11.3. Introduction and First Reading of An Ordinance of the City Council of the City of Gilroy Adding Sections 10A.15 Through 10A.18 to the Gilroy City Code Relating to Host Liability for Fireworks Senior Management Analyst Atkins gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed Public Comment. City Clerk Pham read aloud the title of the ordinance. 9.1.a Packet Pg. 14 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 6 of 8 City Council Meeting Minutes 03/21/2022 Possible Action: After the City Clerk reads the title of the ordinance, motion to waive further reading of the ordinance; and RESULT: [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Introduce an Ordinance of the City Council of the City of Gilroy adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to create and enforce a host liability for illegal fireworks and illegal use of legal fireworks. RESULT: [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 11.4. Approval of Funding Agreement with Valley Transportation Authority - US101/10th Street - Hwy. 152 Interchange Project City Engineer Heap gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed Public Comment. Possible Action: Approve the funding agreement between the City of Gilroy and the Valley Transportation Authority (VTA) for the US101/10th Street - Hwy. 152 Interchange Project. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 11.5. Approval of Memorandum of Understanding between City of Gilroy and the Transit Agency of Monterey County (TAMC) Regarding Improvements Near the Gilroy Train Station City Engineer Heap gave a staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed Public Comment. 9.1.a Packet Pg. 15 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 7 of 8 City Council Meeting Minutes 03/21/2022 Possible Action: Approve the Memorandum of Understanding between City of Gilroy, the Transit Agency of Monterey County (TAMC), and the Valley Transportation Authority (VTA) Regarding Improvements Near the Gilroy Train Station RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 12. CITY ADMINISTRATOR'S REPORTS 12.1. Fentanyl Town Hall City Administrator Forbis notified the public that the Housing Element Update Community Meeting is on March 30th held virtually and a second Community Meeting would be held in May. City Administrator Forbis provided a report on the Fentanyl Town Hall, Surplus Lands Act clearance, meeting with Heather Roach of Gilroy Outlets, and responded to previous inquiries from the public with regards to the Clean California Grant for Downtown Gilroy. 13. CITY ATTORNEY'S REPORTS None provided. 14. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Mayor Blankley adjourned the Regular Meeting to Closed Session at 7:59 p.m. The City Council convened in Closed Session at 8:04 p.m. The Council vote to stay in closed session was unanimous. 14.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Significant exposure to litigation pursuant to paragraph (3) of subdivision (e) of Government Code Section 54956.9 & Gilroy City Code Section 17A.11(3)(b): One (1) Case as Defendant – allegations of harassment, discrimination and retaliation against Cities Association. No reportable action. 15. ADJOURN TO OPEN SESSION Assistant City Attorney Houston reported out of Closed Session as shown above. 16. ADJOURNMENT The meeting was adjourned at 8:26 P.M. by Mayor Blankley. 9.1.a Packet Pg. 16 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City Council Regular Meeting Minutes March 21, 2022 Page 8 of 8 City Council Meeting Minutes 03/21/2022 I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/ Thai Pham, CMC, CPMC City Clerk 9.1.a Packet Pg. 17 Attachment: Action Minutes (3719 : 03/21/2022 City Council Action Minutes) City of Gilroy STAFF REPORT Agenda Item Title: Adopt a Resolution Establishing the City's Pension Funding Policy Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: Finance Department Submitted By: Harjot Sangha Prepared By: Harjot Sangha Strategic Plan Goals  Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt a resolution establishing the City of Gilroy's Pension Funding Policy. EXECUTIVE SUMMARY At the March 21, 2022 regular meeting of the City Council of the City of Gilroy (link to report included), staff presented and reviewed the draft Pension Funding Policy which incorporates current practice, prior Council direction, and included a recommendation for the utilization of cash flow savings from the potential issuance of Pension Obligation Bonds (POBs). Council made no further changes to the policy as drafted, therefore staff is now bringing the policy back for formal adoption via resolution (Attachment 1). Attachments: 1. Attachment 1 - Pension Funding Policy Draft Resolution 9.2 Packet Pg. 18 2. March 21, 2022 - Staff Report Link 9.2 Packet Pg. 19 RESOLUTION NO. 22-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A PENSION FUNDING POLICY WHEREAS, the City of Gilroy, a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report submitted for City Council consideration at its meeting of March 21, 2022 for presentation and direction, and April 4, 2022 for formal adoption, submitted to the City Council by the City Administrator (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, over the years, the City Council has taken several steps to address rising pension costs – establishing tiers for classic members, implementing Public Employees’ Pension Retirement Act (PEPRA), and establishing and funding a Section 115 Trust for Pension; and WHEREAS, a Pension Funding Policy has been developed for the City of Gilroy to provide guidance in the management of the City’s employee defined benefit pension plans established for sworn public safety “Safety” and non-sworn “Miscellaneous” personnel and administrated by the California Public Employees’ Retirement System (CalPERS); and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby approve the attached Exhibit A – Pension Funding Policy. 9.2.a Packet Pg. 20 Attachment: Attachment 1 - Pension Funding Policy Draft Resolution (3718 : Pension Funding Policy Adoption) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 4, 2022 Page 2 of 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at its meeting held on this 4th day of April 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Nam Pham, City Clerk 9.2.a Packet Pg. 21 Attachment: Attachment 1 - Pension Funding Policy Draft Resolution (3718 : Pension Funding Policy Adoption) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 4, 2022 Page 3 of 3 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-XX 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, April 4, 2022, 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, April 4, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) 9.2.a Packet Pg. 22 Attachment: Attachment 1 - Pension Funding Policy Draft Resolution (3718 : Pension Funding Policy Adoption) PENSION FUNDING POLICY Purpose The purpose of this policy is to define how the City’s pension funding obligations will be met. As part of its overall compensation plan, the City provides a defined benefit pension benefit to its employees. This benefit is administered by the California Public Employees Retirement System (CalPERS) and funded through contributions from the City and its employees and from investment earnings on those contributions. The CalPERS Board of Administration, under the California Public Employees’ Retirement Law (PERL), is responsible for the administration and investment of the funds it receives and determines the amounts contributed by each of the governmental entities that participate in CalPERS. The PERL sets employee contribution rates. The City has two separate plans with CalPERS, one for Safety employees (the Safety Plan) and one for all other employees (the Miscellaneous Plan). Policy It is the policy of the City to fulfill its obligation to maintain fiscally responsible management practices and to ensure that promised retirement benefits are funded. To that end, the City will meet its pension funding obligations as follows: 1. Section 115 Pension Trust: The City has established and will maintain a pension stabilization fund in the form of a Section 115 Pension Trust. Assets in the Section 115 Pension Trust may be used only for pension related costs and at the direction of the City Council. Once the targeted funding level is reached, the earnings on the assets in the Trust may be applied to offset a portion of the City’s annual pension contributions to CalPERS or make additional discretionary payments to CalPERS. 2. Actuarially Determined Contributions: Each fiscal year, the City will contribute to CalPERS the amount determined by CalPERS actuaries to be the minimum required employer contribution for that year. The minimum contribution consists of two components, normal cost and unfunded accrued liability (UAL). The normal cost is expressed as a rate that is applied to pensionable payroll costs and reflects the cost of pension benefits earned by employees in the current fiscal year. The UAL payment is a flat dollar amount that represents a portion of the cost of past benefits earned by employees, but for which, because of deviations in actual experience and changes in assumptions about investment performance, the normal cost rates established for those prior years has been determined to be insufficient to provide the promised retirement benefit. The CalPERS actuaries recalculate the total UAL each year and an updated multi-year amortization schedule is provided to show the projected annual minimum payments. 3. Annual UAL Prepayment: CalPERS offers the option to make monthly payments on the UAL or prepay the entire annual amount at a discounted level by the end of July. The City will prepay its annual obligation each year to achieve budgetary savings. The City will transfer an amount equivalent to the budgetary savings from the prepayment to the Section 115 Pension Trust. The transfer to the trust shall be within the same fiscal year the savings are realized. 4. Allocation from Annual Year-end Savings: Upon meetings the City’s General Fund Reserve Policy of 30% (20% for operations, and 10% for economic uncertainty), up to 25% (twenty -five percent) of all future year-end savings in General Fund expenditures shall be transferred to the Section 115 Pension Trust subject to approval of the City Council. Year-end savings are determined upon the close of the fiscal year. Special considerations shall be made by the Finance Director each year when determining potential year-end savings so as not to leave any General Fund supported funds (Worker’s Compensation and Liability Insurance Fund) with a negative fund balance. EXHIBIT A 9.2.a Packet Pg. 23 Attachment: Attachment 1 - Pension Funding Policy Draft Resolution (3718 : Pension Funding Policy Adoption) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 4, 2022 Page 5 of 3 5. Targeted Funding Level: The City’s goal is to achieve and maintain a funded status for each of its plans of between 90% and 100%. A funded status of 100% signifies that the City’s pension assets with CalPERS match its accrued liabilities. 6. Additional Discretionary Payments: CalPERS allows member agencies to make additional discretionary payments at any time and in any amount, which would serve to reduce the UAL and future required contributions. The City will consider this option in the context of its annual evaluation of reserve levels and budgetary requirements. 7. Pension Obligation Bonds (POBs): POBs are a tool that can be used to provide an additional discretionary payment to CalPERS upon the determination that the cost to borrow the funds for the payment is less than continuing to make the projected prescribed UAL payments at the current discount rate. If the City issues POBs, the following guidelines will apply: a. Expert advice and analysis by actuaries and municipal advisors will be utilized to quantify the risk of CalPERS investment underperformance (including discount rate reductions, stock market crashes, or sustained investment underperformance) and the threshold at which the City would be worse off issuing POBs versus not. b. The interest rate on the POBs shall be at least 2% less than the current CalPERS discount rate. c. The final maturity date on the POBs will be no more than the then current term of the UAL. d. The POBs structure will contain an early call provision. e. The POBs shall not finance Normal Costs and shall only be used to refinance unfunded pension liabilities. f. The POBs should provide significant demonstrated cash flow savings. g. The City shall budget and transfer 100% of cash flow savings (determined at bond issuance, not adjusted annually for any new unfunded liability, or change in actuarial assumptions) to be transferred to the Section 115 Trust to bolster the pension trust to mitigate against future UAL likely to occur. The annual transfers should occur until a reserve target amount of $12 million is met, at which time the Council would revisit the policy. h. In the event of an economic hardship, or other unanticipated fiscal emergency, the City Council may make an emergency declaration to reduce the annual transfer to the section 115 trust, only if the existing 10% economic uncertainty reserve in the General Fund is projected to be depleted. This declaration will only apply to the fiscal year in which it was made. Ongoing fiscal challenges will require a second or third emergency declaration. EXHIBIT A 9.2.a Packet Pg. 24 Attachment: Attachment 1 - Pension Funding Policy Draft Resolution (3718 : Pension Funding Policy Adoption) City of Gilroy STAFF REPORT Agenda Item Title: Gilroy Senate Bill 9 Objective Design Standards Policy Update Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Jon Biggs Prepared By: Cindy McCormick Cindy McCormick Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Staff recommends that the City Council: a) Adopt a Resolution of the City Council of the City of Gilroy adopting the amended Gilroy SB9 2-Unit Residential Objective Design Standards Policy. POLICY DISCUSSION Pursuant to Senate Bill 9 (SB9), the City shall ministerially approve certain lot splits and housing developments containing two residential units (e.g., duplex) within a single - family residential zone, subject to certain requirements described in the law. On December 13, 2021, the City Council adopted two policies in response to California Senate Bill No. 9; the 2-Unit Residential Objective Design Standards Policy and the Residential Lot Split Objective Design Standards Policy. The 2-Unit Residential 9.3 Packet Pg. 25 Objective Design Standards Policy called for an owner occupancy requirement for non- lot split SB9 projects, which is not a requirement of the legislation1. The City Council could still require owner occupancy since the legislation does not prohibit such action; however, enforcement of such policy would be extremely challenging. Therefore, staff recommends striking the following text from the existing policy: OWNER OCCUPANCY: The property owner shall sign an affidavit stating the y intend to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of a new lot created pursuant to SB9. Environmental Assessment: The proposed project is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9 and pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and Section 15308 (Regulatory Actions for the Protection of the Environment). ALTERNATIVES The Council could reject the amendment and require owner occupancy for all SB9 projects, as previously discussed. FISCAL IMPACT/FUNDING SOURCE This staff report and the amended policy was drafted by City staff. No additional funding is needed at this time. NEXT STEPS Following the City Council’s adoption of the amended policy, staff will post the amended policy to the City’s website. The Policy documents can and likely will be modified as needed to meet the City’s development expectations and to comply with state law which is subject to additional interpretation. PUBLIC OUTREACH The City Council public hearing packets are available through the City's meetings webpage. Attachments: 1. Draft Resolution - 2-Unit Objective Design Standards Policy 2. Draft 2-Unit Objective Design Standards Policy_4-4-21 3. SB9 2-Unit Policy, adopted 12-13-21 1 The SB9 affidavit requirement only applies to lot split applications. Pursuant to section (g) (1), A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. 9.3 Packet Pg. 26 RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY SB9 2-UNIT RESIDENTIAL OBJECTIVE DESIGN STANDARDS POLICY WHEREAS, on September 16, 2021, the Governor of the State California signed into law Senate Bill No. 9 (Atkins), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code relating to land use, which requires, under certain criteria, ministerial approval of a parcel map for a lot split or a proposed housing development containing no more than 2 residential units within a single-family residential zone; and WHEREAS, the provisions of Senate Bill No. 9 (SB9) shall be in effect on January 1, 2022, and set forth what a local agency can and cannot require in approving a parcel map for a lot split or a proposed housing development containing no more than 2 residential units (e.g., duplex) within a single-family residential zone; and WHEREAS, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the provisions of Senate Bill No. 9; and WHEREAS, pursuant to Government Code section 66300, “Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy will help ensure that lot splits and housing developments approved through the ministerial provisions of Senate Bill No. 9 conform to the City of Gilroy’s minimum design expectations; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is intended to promote good design principles that create a sense of place and attractive and safe neighborhoods with human-scaled buildings that are compatible with and enhance the City of Gilroy; and WHEREAS, the City Council of the City of Gilroy adopted the Gilroy SB9 2-Unit Residential Objective Design Standards Policy on December 13, 2021 with an owner occupancy requirement for 2-Unit Senate Bill No. 9 projects not involving a lot split; and WHEREAS, the City Council of the City of Gilroy has amended the policy to remove the owner occupancy requirement for 2-Unit SB9 projects not involving a lot split since such requirement is not a requirement of Senate Bill No. 9; and WHEREAS, the City Council held a duly noticed public hearing on April 4, 2022, at which time the City Council received and considered the amended Gilroy SB9 2-Unit Residential Objective Design Standards Policy, took and considered the written and oral public testimony, the staff report, and all other documentation related to the amended policy; and 9.3.a Packet Pg. 27 Attachment: Draft Resolution - 2-Unit Objective Design Standards Policy (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Resolution No. 2022-XX Amending SB9 2-Unit Residential Objective Design Standards Policy City Council Regular Meeting | April 4, 2022 Page 2 of 3 WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9 and pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and Section 15308 (Regulatory Actions for the Protection of the Environment) in that: (1) the adoption of objective design standards does not change applicable zoning and is necessary to implement state law, (2) it can be seen with certainty that the adoption of the standard will not have a significant environmental effect, (3) the standards are to protect aesthetic impacts on the physical environment, and (4) none of the circumstances described in CEQA Guidelines Section 15300.2 applies; and WHEREAS, the Gilroy SB9 2-Unit Residential Objective Design Standards Policy implements the Gilroy 2040 General Plan and in particular: Land use Policy LU 3.3 (Residential Building Orientation); Land use Policy LU 7.3 (Compatibility with Adjoining Uses); and Land use Goal LU 8 to support growth and development that preserves and strengthens the City’s historic, small-town character; provides and maintains safe, livable, and affordable neighborhoods; and creates beautiful places; and WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this Gilroy SB9 2-Unit Residential Objective Design Standards Policy adoption is based is the office of the City Clerk; and WHEREAS, the City Council of the City of Gilroy has considered the Gilroy SB9 2-Unit Residential Objective Design Standards Policy in accordance with the 2040 Gilroy General Plan, State law, and other applicable standards and regulations; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the amended Gilroy SB9 2-Unit Residential Objective Design Standards Policy, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. 9.3.a Packet Pg. 28 Attachment: Draft Resolution - 2-Unit Objective Design Standards Policy (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Resolution No. 2022-XX Amending SB9 2-Unit Residential Objective Design Standards Policy City Council Regular Meeting | April 4, 2022 Page 3 of 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at its meeting held on this 4th day of April 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Nam Pham, City Clerk 9.3.a Packet Pg. 29 Attachment: Draft Resolution - 2-Unit Objective Design Standards Policy (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 1 of 3 The intent of the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is to provide applicants and property owners with a clear understanding of the City’s expectations. This Policy supplements the City’s zoning standards and the Gilroy SB9 Residential Lot Split Objective Design Standards Policy. These standards are also intended to comply with California Senate Bill (SB9). General Applicability: This policy applies to all duplex and 2-unit residential projects (e.g., two detached single-family dwellings) in an R1 zone in Gilroy that utilize any of the exceptions in SB9, including but not limited to reduced setbacks. The Gilroy SB9 2-Unit Residential Objective Design Standards Policy does not apply to multi-family developments, which are regulated by the Gilroy Mixed-Use Residential and Multi-Family Residential Objective Design Standards Policy. SB9 Applicability: Ministerial approval under SB9 shall not apply in the case where: development would require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; the development would demolish more than 25% of the existing exterior structural walls of a structure that has been occupied by a tenant in the last three (3) years; or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. Furthermore, ministerial approval under SB9 shall not apply in the case where the parcel is: located within a historic district or listed as a historic resource on the City of Gilroy’s Historic Resource Inventory; identified as prime agricultural land, wetlands, protected species habitat, or a hazardous waste site; or located within a very high fire hazards zone, earthquake fault zone, floodplain, or floodway. The City may deny an SB9 project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. MAXIMUM DWELLING UNITS: New Lot: The maximum number of units permitted on a new lot created pursuant to SB9 shall be two (2) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. Existing Lot: The maximum number of units permitted on an existing lot that is not associated with an SB9 subdivision shall be four (4) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. TENANT OCCUPANCY: No dwelling unit shall be rented for a term shorter than 30 days. MINIMUM PARKING: SFR/Duplex Unit: Unless otherwise exempt under SB9, each single-family residence shall be served by two (2) parking stalls and each duplex unit shall be served by one (1) parking stall. In each case, each stall shall be at least ten (10) feet by twenty (20) feet and at least one of the stalls shall be covered (garage or carport). ADU: Each ADU shall be served by one (1) parking stall, subject to the restrictions contained in Gilroy City Code Section 30.54.30(g). MAXIMUM PAVING: Paving in the front yard shall be limited to a maximum of fifty percent (50%) of the front yard area. Greater than fifty percent (50%) may be allowed in circumstances where the driveway is the same width as that of the garage frontage. 9.3.b Packet Pg. 30 Attachment: Draft 2-Unit Objective Design Standards Policy_4-4-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 2 of 3 MINIMUM SETBACKS ▪ Front: 26-feet from face of curb ▪ Interior Side: 4-feet ▪ Exterior/Street Side: 4-feet ▪ Rear: 4-feet Setback Exception: No additional setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. MAXIMUM HEIGHT / STORIES: 35-feet / 2 stories BUILDING ENTRIES, STAIRWELLS, AND GARAGES Intent: To create an attractive, welcoming, safe, and active interface between private development and the public realm, building and site design shall meet the following objective criteria: ▪ Exterior Stairwells. Exterior stairwells shall not be oriented to the street. ▪ Front Entries. The main entrance to each dwelling unit shall directly face the public street and shall not be oriented inward. Entries shall not face an alley. ▪ Front Entry Design. Front entries for each dwelling unit shall be accentuated by a minimum of one (1) of the following: • a change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb. • an increase in roof height of at least one (1) foot to accentuate the entry. • wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors. ▪ Patio/Porches. Each dwelling unit shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum 48 square feet in area. ▪ Garage Doors • All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. • Garage doors shall not occupy more than 50% of the building façade. • Garage vehicular entrance(s) shall be set back from the property line with a minimum eighteen (18) foot long driveway, measured from the back of the sidewalk. MASSING, ARTICULATION. AND ARCHITECTURAL FEATURES Intent: To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria: ▪ Exterior Side Elevations. Exterior side elevations shall include a minimum of 15 percent fenestration area, and a change in wall plane by a minimum depth of two (2) feet. 9.3.b Packet Pg. 31 Attachment: Draft 2-Unit Objective Design Standards Policy_4-4-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 3 of 3 ▪ Massing Breaks. In addition to the front entry requirements, residential buildings shall have massing breaks at least every 24 feet along any elevation, by incorporating at least one (1) of the following features: • doors and windows recessed by a minimum of four (4) inches; • variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least 30% of the facade; or • vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface and extend the full height of the structure. ▪ Primary Wall Finish Material. The primary wall finish material1 shall be wood, stone, brick, stucco, fiber cement or other cementitious material, or stone. T1-11 siding and all grooved or patterned wood panel or composite wood panel siding are prohibited. ▪ Colors and Materials: A change in colors or materials shall occur with a change in the wall plane. ▪ Windows and Doors. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth when protruding from the wall. Foam trim molding is prohibited on the ground floor. When recessed, the building primary siding material (masonry or stucco) shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3" in depth. 1 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation. 9.3.b Packet Pg. 32 Attachment: Draft 2-Unit Objective Design Standards Policy_4-4-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 1 of 3 The intent of the Gilroy SB9 2-Unit Residential Objective Design Standards Policy is to provide applicants and property owners with a clear understanding of the City’s expectations. This Policy supplements the City’s zoning standards and the Gilroy SB9 Residential Lot Split Objective Design Standards Policy. These standards are also intended to comply with California Senate Bill (SB9). General Applicability: This policy applies to all duplex and 2-unit residential projects (e.g., two detached single-family dwellings) in an R1 zone in Gilroy that utilize any of the exceptions in SB9, including but not limited to reduced setbacks. The Gilroy SB9 2-Unit Residential Objective Design Standards Policy does not apply to multi-family developments, which are regulated by the Gilroy Mixed-Use Residential and Multi-Family Residential Objective Design Standards Policy. SB9 Applicability: Ministerial approval under SB9 shall not apply in the case where: development would require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; the development would demolish more than 25% of the existing exterior structural walls of a structure that has been occupied by a tenant in the last three (3) years; or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. Furthermore, ministerial approval under SB9 shall not apply in the case where the parcel is: located within a historic district or listed as a historic resource on the City of Gilroy’s Historic Resource Inventory; identified as prime agricultural land, wetlands, protected species habitat, or a hazardous waste site; or located within a very high fire hazards zone, earthquake fault zone, floodplain, or floodway. The City may deny an SB9 project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. MAXIMUM DWELLING UNITS: New Lot: The maximum number of units permitted on a new lot created pursuant to SB9 shall be two (2) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. Existing Lot: The maximum number of units permitted on an existing lot that is not associated with an SB9 subdivision shall be four (4) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. OWNER OCCUPANCY: The property owner shall sign an affidavit stating they intend to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of a new lot created pursuant to SB9. TENANT OCCUPANCY: No dwelling unit shall be rented for a term shorter than 30 days. MINIMUM PARKING: SFR/Duplex Unit: Unless otherwise exempt under SB9, each single-family residence shall be served by two (2) parking stalls and each duplex unit shall be served by one (1) parking stall. In each case, each stall shall be at least ten (10) feet by twenty (20) feet and at least one of the stalls shall be covered (garage or carport). ADU: Each ADU shall be served by one (1) parking stall, subject to the restrictions contained in Gilroy City Code Section 30.54.30(g). MAXIMUM PAVING: Paving in the front yard shall be limited to a maximum of fifty percent (50%) of the front yard area. Greater than fifty percent (50%) may be allowed in circumstances where the driveway is the same width as that of the garage frontage. 9.3.c Packet Pg. 33 Attachment: SB9 2-Unit Policy, adopted 12-13-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 2 of 3 MINIMUM SETBACKS  Front: 26-feet from face of curb  Interior Side: 4-feet  Exterior/Street Side: 4-feet  Rear: 4-feet Setback Exception: No additional setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. MAXIMUM HEIGHT / STORIES: 35-feet / 2 stories BUILDING ENTRIES, STAIRWELLS, AND GARAGES Intent: To create an attractive, welcoming, safe, and active interface between private development and the public realm, building and site design shall meet the following objective criteria:  Exterior Stairwells. Exterior stairwells shall not be oriented to the street.  Front Entries. The main entrance to each dwelling unit shall directly face the public street and shall not be oriented inward. Entries shall not face an alley.  Front Entry Design. Front entries for each dwelling unit shall be accentuated by a minimum of one (1) of the following:  a change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb.  an increase in roof height of at least one (1) foot to accentuate the entry.  wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.  Patio/Porches. Each dwelling unit shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum 48 square feet in area.  Garage Doors  All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.  Garage doors shall not occupy more than 50% of the building façade.  Garage vehicular entrance(s) shall be set back from the property line with a minimum eighteen (18) foot long driveway, measured from the back of the sidewalk. MASSING, ARTICULATION. AND ARCHITECTURAL FEATURES Intent: To create a human-scale environment and buildings that are compatible with and enhance the surrounding area, building design shall meet the following objective criteria:  Exterior Side Elevations. Exterior side elevations shall include a minimum of 15 percent fenestration area, and a change in wall plane by a minimum depth of two (2) feet. 9.3.c Packet Pg. 34 Attachment: SB9 2-Unit Policy, adopted 12-13-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) Gilroy SB9 2-Unit Residential Objective Design Standards Policy Adopted December 13, 2021 (Effective January 1, 2022) Page 3 of 3  Massing Breaks. In addition to the front entry requirements, residential buildings shall have massing breaks at least every 24 feet along any elevation, by incorporating at least one (1) of the following features:  doors and windows recessed by a minimum of four (4) inches;  variations in wall plane (projection or recess) by a minimum of two (2) feet in depth for at least 30% of the facade; or  vertical elements, such as pilasters, that protrude a minimum of one (1) foot from the wall surface and extend the full height of the structure.  Primary Wall Finish Material. The primary wall finish material1 shall be wood, stone, brick, stucco, fiber cement or other cementitious material, or stone. T1-11 siding and all grooved or patterned wood panel or composite wood panel siding are prohibited.  Colors and Materials: A change in colors or materials shall occur with a change in the wall plane.  Windows and Doors. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5” in width by ¾” in depth when protruding from the wall. Foam trim molding is prohibited on the ground floor. When recessed, the building primary siding material (masonry or stucco) shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 3" in depth. 1 Primary wall finish material: the material covering the largest percentage of surface area of any building face or elevation. 9.3.c Packet Pg. 35 Attachment: SB9 2-Unit Policy, adopted 12-13-21 (3727 : Gilroy Senate Bill 9 Objective Design Standards Policy Update) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of An Ordinance of the City Council of the City of Gilroy Adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to Create and Enforce a Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Bryce Atkins Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt an ordinance of the City Council of the City of Gilroy adding Gilroy City Code Sections 10A.15 through 10A.18 to Chapter 10A to create and enforce a host liability for illegal fireworks and illegal use of legal fireworks. BACKGROUND At the March 21, 2022 regular meeting of the Gilroy City Council, an ordinance was introduced that would place a host liability for illegal fireworks and the illegal use of legal fireworks on the property owners or renters. This will allow for greater ability for attaining compliance with fireworks regulations, as well as granting law enforcement personnel a greater ability to issue citations for illegal fireworks, helping to attain compliance in the future. 9.4 Packet Pg. 36 Attached is the staff report that was prepared and presented to the City Council on March 21st. It contains the analysis and alternatives discussed. If adopted, the ordinance will become effective 30 days thereafter. Attachments: 1. DRAFT Ordinance - Fireworks Host Liability 2. Fireworks Host Liability Staff Report - 03-21-22 9.4 Packet Pg. 37 ORDINANCE NO. 2022-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING GILROY CITY CODE SECTIONS 10A.15 THROUGH 10A.18 TO CHAPTER 10A TO CREATE AND ENFORCE A HOST LIABILITY FOR ILLEGAL FIREWORKS AND ILLEGAL USE OF LEGAL FIREWORKS WHEREAS, the City of Gilroy (City) may adopt regulations to protect the health, safety, and welfare of the public under California Constitution Article XI, Section 7, and California Government Code Section 37100, and thereby is authorized to declare what use or condition constitutes a public nuisance; and WHEREAS, the City has the authority under California Government Code Section 53069.4 to issue administrative citations for violations of the City’s ordinances; and WHEREAS, the City is authorized to regulate or prohibit the sale, use, or discharge of fireworks pursuant to California Health and Safety Code Section 12511; and WHEREAS, pursuant to Chapter 10A, entitled Fireworks, of the Gilroy City Code (City Code), the City currently prohibits the sale, possession and use of “dangerous fireworks” as defined by state law, within the City and permits the discharge of safe and sane fireworks, as defined by state law, within the City only during the hours between 12:00 AM July 1st and 12:00 AM July 5th; and WHEREAS, the City periodically reviews its ordinances to ensure that they are achieving their aims, while continuing to adhere to legal requirements; and WHEREAS, the City Council of the City of Gilroy finds that the aims of City Code Chapter 10A would be better achieved by penalizing not only those individuals who use fireworks in violation of the City Code, but also those individuals who allow such illegal use on property that they either own or control; and WHEREAS, Chapter 10A of the City Code does not currently include a fireworks “host liability” provision; and WHEREAS, the City has experienced an increased use of illegal fireworks around the 4th of July celebrations each year and wishes to implement an ordinance to reduce the likelihood of injuries or property damage as a result of these illegal fireworks; and WHEREAS, the City desires to implement a new “host liability” regulation in order to ensure those who have possession of a residence or other property are held legally responsible for dangerous illegal firework possession and use on that property; and WHEREAS, the City Council finds that holding property owners responsible for illegal firework use is necessary to protect the public health, safety, and welfare; and 9.4.a Packet Pg. 38 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) Ordinance No. 2022-XX Host Liability for Illegal Fireworks City Council Regular Meeting | April 4, 2022 Page 2 of 6 WHEREAS, the City Council desires to amend and update its City Code to reflect the current needs of the City, and to ensure the health, safety, and welfare of the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The forgoing recitals are true and correct and are incorporated herein by this reference. SECTION II Sections 10A.15 through 10A.18 are hereby added to the Gilroy City Code to read as follows: 10A.15 Host liability. A. The term “host” in this Section shall mean any of the following: 1. An owner of any private residential or non-residential real property in the City; or 2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or 3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. 4. A person need not be present at the property or any such gathering resulting in the response giving rise to the imposition of civil fines or civil fees for response costs. Prior knowledge of the illegal use of fireworks is not a pre-requisite to a finding that any specific individual is a responsible host as defined by this section. B. The term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a person's intent, knowledge, negligence, or lack thereof in committing the wrongful act. C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this Chapter on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this Chapter occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs. D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section. 9.4.a Packet Pg. 39 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) Ordinance No. 2022-XX Host Liability for Illegal Fireworks City Council Regular Meeting | April 4, 2022 Page 3 of 6 E. Except as provided below in subsection F, no host shall permit or allow another person on private property, or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this Chapter. F. The provisions of this Section shall not apply to: 1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law; 2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or gathering in order to comply with this Chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this Chapter. G. Penalties for any person cited under this section 10A.15 are exclusively set forth in sections 10A.16 through 10A.18. Section 10A.14 shall not apply to liability arising under the provisions of this this section 10A.15 or for violation of this section 10A.15. 10A.16 Administrative penalties. Any enforcement officer of the city, at his or her discretion, may issue an administrative citation for a violation of section 10A.15. There is no requirement of a first warning in order for the enforcement officer to issue this citation. A. Administrative Penalties. A first violation of this section shall result in a citation with a thousand-dollar ($1,000.00) penalty. A second or subsequent violations shall result in a citation with a two thousand-dollar ($2,000.00) penalty. B. The police shall give notice of a violation of this section by issuing an administrative citation to any and all persons identified by the enforcement officer within thirty (30) days of the violation. The administrative citation shall also give notice of the right to request an administrative hearing to challenge the validity of the administrative citation and the time for requesting that hearing pursuant to section 10A.18 below. C. The administrative penalty prescribed in subsection A is in addition to any administrative cost recovery fee for public safety responses that may be assessed pursuant to section 10A.17 below. D. In the event that the person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the administrative penalty. 10A.17 Administrative cost recovery fees for public safety responses. A. In addition to any administrative penalty imposed for violation of section 10A.15, when any violation occurs on private property and an enforcement officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give to the person(s) responsible warning that a second or follow up violation of this 9.4.a Packet Pg. 40 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) Ordinance No. 2022-XX Host Liability for Illegal Fireworks City Council Regular Meeting | April 4, 2022 Page 4 of 6 section on the same date or on any later date will result in his/her/their liability for the cost of providing public safety services (i.e., fire, ambulance, police, and other emergency providers) (hereinafter “administrative cost recovery fees.”) B. The requirement of a first warning does not limit the ability of the enforcement officer to issue an administrative citation, or for the imposition of administrative cost recovery fees on the same day that the warning is given if the warning does not end the violations. The administrative cost recovery fees shall be separate and distinct from an administrative citation and penalty a violation described in section 10A.16 above. 1. The amount of administrative cost recovery fees includes but is not limited to those costs set forth below, but shall not exceed five hundred dollars ($500.00) per incident; 2. The portion of the cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the illegal fireworks use, and the administrative costs attributable to such response(s); 3. The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of illegal fireworks use; and 4. The cost of the use of any city equipment or property, and the cost of repairing any city equipment or property damaged, in responding to, remaining at or leaving the scene of illegal fireworks use. C. In the event that the person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of administrative cost recovery fees. D. Administrative cost recovery fees will not be imposed in those situations where the responsible host calls for emergency services for an actual emergency at the premises. 10A.18 Hearings on the imposition of administrative penalty and/or imposition of administrative cost recovery fees; appeals. A. Any person subject to an administrative penalty pursuant to section 10A.16, or subject to an administrative cost recovery fees pursuant to section 10A.17, shall have the right to request an administrative hearing within thirty (30) days of the issuance of an administrative citation for a violation of section 10A.15 and/or the imposition of administrative cost recovery fees as specified in this chapter, pursuant to Gilroy City Code Chapter 6A, Article II, section 6A.11 through 6A.23. B. To request such a hearing, the person requesting the hearing shall notify the city clerk in writing within thirty (30) days of the issuance of the administrative citation and/or imposition of administrative cost recovery fees, pursuant to section 6A.16 of the City Code. C. The hearing procedure shall be as set forth in section 6A.17 of the City Code. 9.4.a Packet Pg. 41 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) Ordinance No. 2022-XX Host Liability for Illegal Fireworks City Council Regular Meeting | April 4, 2022 Page 5 of 6 D. Any person aggrieved by an administrative decision of the hearing officer may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4. E. Notwithstanding the provisions of Chapter 6A.20, the amount of an administrative penalty and/or administrative cost recovery fees, shall be deemed a debt owed to the city by any person found in violation of section 10A.15 and penalized as identified in section 10A.16 and/or section 10A.17 and, if that person is a juvenile, then also his/her parents or guardians. Any person owing such administrative penalties and/or administrative cost recovery fees shall be liable in an action brought in the name of the city for recovery of such administrative penalty and/or administrative fees. These recovery costs may include reasonable attorney fees incurred in the action. SECTION III Except as set forth in this Ordinance, all other provisions of the Gilroy Charter and City Code shall remain in full force and effect. SECTION IV This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION V If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VI This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933. 9.4.a Packet Pg. 42 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) Ordinance No. 2022-XX Host Liability for Illegal Fireworks City Council Regular Meeting | April 4, 2022 Page 6 of 6 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 4th day of April, 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________ Thai Nam Pham, City Clerk 9.4.a Packet Pg. 43 Attachment: DRAFT Ordinance - Fireworks Host Liability (3648 : Fireworks Social Host Ordinance Adoption) City of Gilroy STAFF REPORT Agenda Item Title: Introduction and First Reading of An Ordinance of the City Council of the City of Gilroy Adding Sections 10A.15 Through 10A.18 to the Gilroy City Code Relating to Host Liability for Fireworks Meeting Date: March 21, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Bryce Atkins Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION a) After the City Clerk reads the title of the ordinance, motion to waive further reading of the ordinance; and b) Introduction of an Ordinance of the City Council of the City of Gilroy adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to create and enforce a host liability for illegal fireworks and illegal use of legal fireworks. BACKGROUND Similar to many cities throughout California the City of Gilroy has seen an increase in the amount of illegal fireworks activity during the 4th of July period. This can become a great risk to public safety as it impacts the volume of 911 calls for service that result in longer response times for other critical emergencies, and at the same time place an increased risk of fire related property loss, personal injury; or death. Fire danger from 9.4.b Packet Pg. 44 Attachment: Fireworks Host Liability Staff Report - 03-21-22 (3648 : Fireworks Social Host Ordinance Adoption) illegal fireworks to structures and open space vegetation is real and posts clear threat to the public health, safety, and the general welfare of the City's residents and businesses. The quality of life of our community members that suffer from post -traumatic stress disorder and pets is also affected during this time of year. The Fire and Police Departments have been tackling illegal fireworks through public education and awareness campaigns, as well as increased presence and enforcement activity during the July 4th period. Educational messaging reminding the public of what types of fireworks are permitted, when and where they can be used, and how to safely use them have been and will continue to be a main method to prevent illegal firework usage. Structure and vegetation fires caused by firework activities are generally the result of using fireworks that are explosive or aerially launched. These types of fireworks are illegal in California and are often purchased outside the state or obtained via mail order. ANALYSIS Most illegal firework crimes are misdemeanors as prescribed by the California Health and Safety Code. State law requires that most misdemeanor crimes be committed in the presence of a law enforcement officer for an enforcement action to occur. Community members may also exercise their right to a citizen’s arrest; however, this is seldomly used and/or proven to be an effective practice. Educational and enforcement campaigns against setting off illegal fireworks through a host liability ordinance have been implemented in many jurisdictions in California, including Rancho Cordova, Citrus Heights, Woodland, Long Beach, Gardena, Kern County, Redwood City, Pacifica, Rohnert Park, Lemoore, Folsom, and Hanford. The proposed update to the Gilroy City Code (City Code) provides for host liability for illegal fireworks and the illegal use of legal fireworks, allowing Fire Department, Police Department, and Code Enforcement personnel to hold the owner or person in possession of real property, or the host of a gathering on public or private property, responsible for the discharge of illegal fireworks. Persons cited under the proposed host liability ordinance can request a hearing per Chapter 6A of the City Code. This ordinance would improve enforcement capabilities in several ways. Typically, it is not difficult for enforcement officers to identify the specific location an aerial firework originates. The challenge lies in identifying the specific individual user or possessor of the firework. The "Host Liability" ordinance greatly simplifies this difficulty and al lows an officer to focus on a particular person (or multiple persons) responsible for the property or event. The adoption of this new ordinance accompanied with social media outreach to inform the public of its existence and potential penalties are likely to have a significant impact on reducing illegal fireworks. This ordinance will also aid in keeping our police officers safe as it will reduce the number of physical encounters with community members that may be agitated and/or under the influence. 9.4.b Packet Pg. 45 Attachment: Fireworks Host Liability Staff Report - 03-21-22 (3648 : Fireworks Social Host Ordinance Adoption) The ordinance is crafted in a manner to avoid a narrow application to property owners only. It is designed to apply to any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contrac t. Additionally, the ordinance could be applied to any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. The ordinance does not apply to responsible parties who immediate ly seek the City's assistance in removing noncompliant individuals. The ordinance will also assist police officers to address the use of fireworks that may be legal to use on July 4th, but are used during other times of the year when prohibited by the City Code. The fee structure and appeals process are the same as the social host liability provisions already in the City Code (Chapter 19C). The initial fine in the draft ordinance is $1,000 for the first violation. Every subsequent violation will carry a $2,000 fine. ALTERNATIVES Council may modify or reject the proposed ordinance. Rejection of the ordinance is not recommended, as it would provide additional ability for those enforcing illegal fireworks use to attain compliance. FISCAL IMPACT/FUNDING SOURCE None. The adoption of this ordinance provides additional authority for officers and City staff to enforce against illegal fireworks but does not obligate any additional resources to be used. The ordinance allows the planned resources and staffing to addre ss illegal fireworks use to be more effective at attaining compliance. CONCLUSION Adoption of a host liability ordinance for fireworks will assist the City in attaining compliance regarding the prohibition of illegal fireworks in Gilroy. The ordinance wil l hold property owners, or those with possessory interest in the property (rent, lease, permitted event, etc.), accountable for illegal use of fireworks that occur on the property. This will provide an extra incentive for property owners and renters to ensure that the illegal use of fireworks does not occur on their property. Any violation of ordinance will subject to an administrative citation carrying a fine in the amount of $1,000 dollars. NEXT STEPS If introduced, then the ordinance will return to the Council at the next regular meeting for adoption. The ordinance would go into effect 30 days after adoption. PUBLIC OUTREACH If and when adopted, community engagement efforts will be undertaken to share this information with the community for the few months between adoption and the July 4th holiday. 9.4.b Packet Pg. 46 Attachment: Fireworks Host Liability Staff Report - 03-21-22 (3648 : Fireworks Social Host Ordinance Adoption) Attachments: 1. DRAFT Ordinance - Fireworks Host Liability 9.4.b Packet Pg. 47 Attachment: Fireworks Host Liability Staff Report - 03-21-22 (3648 : Fireworks Social Host Ordinance Adoption) City of Gilroy STAFF REPORT Agenda Item Title: Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: Fire Department Submitted By: Jim Wyatt Prepared By: Jonathan Crick Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. BACKGROUND On January 24, 2022, the City Council adopted Weed Abatement Resolution No. 2022- 04 declaring weeds and refuse as a public nuisance. This annual process complies with both the City Code and State Health and Safety Code , which require that, prior to authorizing the abatement of a lot, the City hold a public hearing of the subject properties. The City of Gilroy, via the annual resolut ion, identifies those properties and owners with a history of non-abatement, and this list serves as the commencement list for the County’s inspection and abatement program. The abatement program continues 11.1 Packet Pg. 48 to be implemented under an agreement with the Santa Clara County Agricultural Commissioner’s Office for the Vegetation Management Program. PROGRAM DESCRIPTION All subject property owners identified on the commencement list will receive a public hearing notice, as well as the abatement instructions and th e fee costs. The abatement notice is sent to property owners after City Council adoption of the Weed Declaration Resolution. As part of the notification, property owners receive notice that the annual Abatement Deadline is Sunday, May 15, 2022. A second notice was sent out 30 days prior to the May 15th deadline. If the property owner fails to complete abatement of their lot by May 15, 2022, the owner will be assessed fees for the failed inspection, in addition to the initial inspection fee, and will receive a notice requiring that the abatement be completed within two weeks. Lots in the Wildland Urban Interface Hazardous Fire Areas, primarily homes on the hillside, pose an immediate concern with potential wildfires. Therefore, these owners will not receive the additional 2-week grace period. If these lots are not abated by the May 15th deadline, the County will complete a work order to have the lot abated by their contractor. The County will then assess an abatement administrative fee, in addition to the cost of the abatement. The abatement administrative fee and cost of abatement will be in addition to the inspection fee and the failed inspection fee. At the conclusion of the abatement period, a public hearing (tax lien hearing) will be held on August 1, 2022 to add the fees as a tax assessment for the following year’s property taxes. Prior to the City Council tax lien assessment hearing, property owners with an assessment will be notified of the pending action. They can request an administrative meeting/review with the County’s Program Manager and the City’s Fire Marshal, should they disagree with the assessment. The administrative meeting/review can be held in person, virtually, or by phone. The purpose is to eliminate assessments that were incorrectly made through an error or incorrectly applied to the wrong property owner. A listing of the properties and owners that have been noticed is attached and on file with the City Clerk. It is also posted at the City’s Fire Stations. Lots in which weeds and/or rubbish have been abated by the May 15th deadline and are maintained in an abated condition through the fire season, will only be assessed the $91 inspection fee. ANNUAL PROCESS AND NEXT STEPS Following the adoption of the Weed Declaration Resolution by the City Council, this year’s weed abatement notices went out to property owners in February 2022. This year’s commencement listing consists of 150 properties, identified by assessor parcel number (APN). As part of the inspection process, which will occur short ly after May 15, 2022, the County will maintain current photos and documentation of their inspections. Property owners who missed the deadline will receive subsequent notices and associated fees. Lots that need immediate abatement (e.g. those located in Wildland 11.1 Packet Pg. 49 Urban Interface Hazardous Fire Areas) will be abated by the County. A comprehensive report of abated lots and associated fees will be presented to the City Council at the tax lien assessment hearing on August 1, 2022. The agreement with the County requires properties that have failed inspections within the past three years to remain on the commencement list. A property with no violations within a consecutive three-year period will be removed from the commencement list. However, the County does provide for some lots to be removed from the commencement list if the property has been completely redeveloped and there is no unmanaged weed hazard. The commencement list fluctuates from year to year. The commencement list changed from 174 lots for 2019 to 146 lots for 2020, 150 for 2021, and also 146 for 2022. Any owner that objects to their property being on the commencement list can object as part of this public hearing. Such lots can be removed from the commencement list if there is adequate reason (i.e., the lot has been redeveloped and there is no weed risk). Any objections will be evaluated for conformance to the agreement and an adjustment will be made if appropriate. Otherwise, the commencement list should be approved by the City Council so the program can proceed. Owners with concerns that cannot meet the deadline due to site conditions can contact the County and/or City Fire Marshal’s office. The County also provides a website and an online application (or “app”) for the public to notify them of weed complaints. Lots that are reported or identified out of compliance with weed and refuse requirements that are not on the commencement list will also be sent a notice to comply. Administrative citations can be issued by the Fire Marshal’s office, and lots can be added to the abatement program for the following year. If an unlisted lot has unmitigated weeds and refuse, that lot can be scheduled for a separate public hearing to allow the County to abate the lot this year and assess fees for cost recovery. FISCAL IMPACT/FUNDING SOURCE As long as the County recovers its expenses for the program using the fees assessed, the County bears the entire cost of the program. If there is a shortfall in cost recovery, the City would be requested to provide its proportionate share of the shortfall. ALTERNATIVES The Council could choose not to approve the resolution to establish the commencement list. The burden of both managing this program and abating the properties would revert back to the City of Gilroy, requiring additional resources to be needed and no funding available. THIS ACTION IS NOT RECOMMENDED. PUBLIC OUTREACH February of 2022, the County of Santa Clara mailed abatement notices and instructions to property owners identified on commencement list. 11.1 Packet Pg. 50 Attachments: 1. 2022 Gilroy Commencement Report 2. Draft Resolution 11.1 Packet Pg. 51 APN Owner 8340 WINTER GREEN CT 783-03-073 MARQUES ALBERT 8351 WINTER GREEN CT 783-03-077 SUNSET HILLS DEVELOPMENT LLC 9298 CALLE DEL REY ST 783-34-121 CAMPOLONG DARRELL F TRUSTEE & ET AL 1920 MANTELLI DR 783-45-016 WEI MING AND CHEN JINJIAN HOLLYHOCK LN 783-45-044 ENTERPRISE REI 8 LLC 2320 WILDROSE CT 783-46-039 AHMADI AMINREZA 783-46-079 LU TUYET TRUSTEE SUNFLOWER CL 783-47-003 ENTERPRISE REI 8 LLC 9283 BRIARBERRY LN 783-50-006 SHEVCHENKO DENIS AND REBECA 1383 PHEASANT DR 783-50-050 ARDANUY PAUL SR AND JACQUELYN M 8772 FOXGLOVE CT 783-52-019 SAULAN KIMCHAU THI TRUSTEE 8775 WILD IRIS DR 783-52-029 KOLLAREDDY SRIDHAR 8755 WILD IRIS DR 783-52-031 ZARGARIAN HELGA 8745 WILD IRIS DR 783-52-032 PINEDA ARTURO 1381 PEREGRINE DR 783-55-018 SANTO EDWIN ICHIRO TRUSTEE 2354 BANYAN ST 783-65-022 KARBALAEINEMATMOEINI AMIRHOSSEIN AND SHARIF 9261 TEA TREE CT 783-72-006 WOODWARD DEBBIE 1881 CAROB CT 783-72-011 HY SANG AND YEH WEN CHUAN WENDY 1830 CAROB CT 783-72-016 YATES LINDA AND BENJAMIN 1820 CAROB CT 783-72-017 NGUYEN HENRY H ET AL 1810 CAROB CT 783-72-018 OP DEVELOPMENT INC 9145 TEA TREE WY 783-72-020 RAMM ANGELA DAVINA MARTINEZ 9045 TEA TREE WY 783-72-023 CHAKAMIAN SANJAR AND SHARAREH H 9050 TEA TREE WY 783-72-024 PAWLICKI AGNIESZKA 9035 TEA TREE WY 783-72-025 ATLLURI SASI K AND SURAPANENI SRI L 9030 TEA TREE WY 783-72-026 DO NGOC BICH THI ET AL 9025 MIMOSA CT 783-72-027 KOLLAREDDY USHARANI ET AL 8962 TEA TREE WY 783-72-030 THIEN TRACY 8981 TEA TREE WY 783-72-031 NRI ASSOCIATES LLC 8950 MIMOSA CT 783-72-035 PHAM LAN ET AL MIMOSA CT 783-72-036 SR BUILDING BLOCKS LLC 2204 BANYAN CT 783-72-039 ACCESS DEVELOPMENT GROUP INC 2203 BANYAN CT 783-72-040 ROBLES RONALD E AND MARIA R 2224 BANYAN CT 783-72-042 NAKANO NANCY N ET AL 9210 MAHOGANY CT 783-72-045 NGUYEN PHU AND DOAN LILY 2253 BANYAN CT 783-72-050 ZHANG HONGXIN AND TANG WEI 2273 BANYAN CT 783-72-051 LE LIEM QUANG 2283 BANYAN CT 783-72-052 JEONG JONGHUN AND CHOI YUNHEE 2202 COLUMBINE CT 783-72-061 KRUPA STANISLAW TRUSTEE & ET AL 2251 MANTELLI DR 783-72-066 RAMIREZ PEDRO AND JOSEFINA 1681 LONGMEADOW CT 783-75-081 DHALIWAL JASDEEP S ET AL 75 FARRELL AV 790-07-006 LEAL AMADOR AND PALMINA Situs 2022 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF GILROY 11.1.a Packet Pg. 52 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 790-07-085 KUANG WEIWEI 790-07-086 KUANG WEIWEI 790-07-087 KUANG WEIWEI 790-07-088 KUANG WEIWEI 8877 MONTEREY RD 790-15-036 MARGARETICH BOZO AND VANJA ET AL 9145 JARDIN WY 790-16-257 BROOKS JULIA M ET AL 9130 KERN AV 790-17-002 CRC KERN INVESTORS LLC 9160 KERN AV 790-17-003 ST FRANCIS INVESTMENT III 8401 DIANE CT 790-30-076 TORRES ALBERT JR ET AL 401 BROADWAY ST 790-33-019 FLORES ANTHONY R CHURCH ST 790-35-001 HOWSON INDUSTRIES 8051 CHURCH ST 790-35-002 MA WEIMIN TRUSTEE & ET AL CHURCH ST 790-35-008 ROMAN CATHOLIC BISHOP OF SAN JOSE 790-35-053 TRINCHERO GERAD M AND ERICA D TRUSTEE 265 GURRIES DR 790-35-054 EL ENCANTO PROPERTIES III CHURCH ST 790-36-002 HOWSON INDUSTRIES 8335 CHURCH ST 790-36-039 INTERNATIONAL CHURCH OF THE 1375 1ST ST 790-39-019 S A PROPERTIES GROUP LLC 1355 1ST ST 790-39-030 YOUMANS KRAIG AND FORTINO TERI TRUSTEE & ET 8771 CHURCH ST 790-53-087 GORAYA MANU K 108 CHICKADEE LN 790-66-057 PACIFIC BAY CAPITAL GROUP LLC 7733 MONTEREY RD 799-03-054 7711 MONTEREY RD LLC 7711 MONTEREY RD 799-03-055 7711 MONTEREY RD LLC EIGLEBERRY ST 799-09-028 KAUR SANDEEP AND SINGH SATWANT EIGLEBERRY ST 799-10-042 BAINS JAGJIT SINGH 195 W 9TH ST 799-10-057 DIAZ JUAN 7256 HANNA ST 799-15-051 WALTON GARY A 7421 HANNA ST 799-18-031 JEUNG MICHAEL A ET AL 6700 CHURCH ST 799-33-001 MONSEF CYRUS FILBRO DR 799-44-093 EHOF FUND III ACQUISITIONS LLC ROYAL WY 799-44-094 EHOF FUND III ACQUISITIONS LLC ROYAL WY 799-44-095 EHOF FUND III ACQUISITIONS LLC ROYAL WY 799-44-096 EHOF FUND III ACQUISITIONS LLC ROYAL WY 799-44-097 EHOF FUND III ACQUISITIONS LLC ROYAL WY 799-44-098 EHOF FUND III ACQUISITIONS LLC THOMAS RD 799-44-109 EHOF FUND III ACQUISITIONS LLC 799-44-110 EHOF FUND III ACQUISITIONS LLC 1410 1ST ST 808-01-021 EAGLE GARDEN LLC 7890 SANTA TERESA BL 808-01-022 EAGLE GARDEN LLC 1490 1ST ST 808-01-023 EAGLE GARDEN LLC PONDEROSA DR 808-01-024 PIROZZOLI MONICA TRUSTEE & ET AL 808-19-030 CHRISTOPHER DONALD C ET AL 808-19-031 COMMUNITY RESOURCES INC THOMAS LN 808-20-008 FIRST ASSEMBLY OF GOD OF GILROY INC 10 WEST LUCHESSA AV 808-21-009 MCDERMOTT PAULA BARBERI TRUSTEE & ET AL 6201 THOMAS RD 808-38-001 THOMAS ROAD PROPERTIES LTD THE 6151 THOMAS RD 808-39-066 CORP PRESI BISH CHURCH CHRIST LATTR DAY SNT 11.1.a Packet Pg. 53 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 810-20-021 HP AG LAND LLC 2740 HECKER PASS RD 810-20-033 OWENS FINANCIAL GROUP INC 6675 EAGLE RIDGE CT 810-60-018 DO & PARTNERS LLC 6685 EAGLE RIDGE CT 810-60-019 DO & PARTNERS LLC 6695 EAGLE RIDGE CT 810-60-020 DO & PARTNERS LLC 810-66-012 VILLAGE GREEN CUSTOM HOME LLC 7518 FERNIE CT 810-67-041 RADOSEVICH ERIC J TRUSTEE 6615 EAGLE RIDGE CT 810-72-029 DO & PARTNERS LLC 6625 EAGLE RIDGE CT 810-72-030 DO & PARTNERS LLC 6635 EAGLE RIDGE CT 810-72-031 DO & PARTNERS LLC 6645 EAGLE RIDGE CT 810-72-032 DO & PARTNERS LLC 6651 EAGLE RIDGE CT 810-72-033 DO & PARTNERS LLC 6655 EAGLE RIDGE CT 810-72-034 DO & PARTNERS LLC 6671 EAGLE RIDGE CT 810-72-035 DO & PARTNERS LLC 835-01-034 UNION PACIFIC CORPORATION 835-01-035 UNION PACIFIC CORPORATION MURRAY AV 835-01-059 HOPE FOREST LLC 8585 MURRAY AV 835-01-065 ESPARZA ROBERT TRUSTEE 835-02-014 UNION PACIFIC CORPORATION LAS ANIMAS AV 835-02-016 ATLANTIC CONCRETE INC 402 MADISON CT 835-03-059 ZEPEDA ALFREDO AND ESMERALDA ET AL 315 LAS ANIMAS AV 835-05-006 LAS ANIMAS DEVEL CO LLC 135 LAS ANIMAS AV 835-05-007 GLANDER CARMELLA R TRUSTEE 55 LAS ANIMAS AV 835-05-008 SHELTON G WILLIAM 410 COHANSEY AV 835-05-016 GERA NICHOLAS TRUSTEE & ET AL 405 LAS ANIMAS AV 835-05-024 IBARRA SILVIA 835-31-030 KEZU PROPERTIES LLC 835-31-031 HOLLER DYLAN R TRUSTEE SWANSTON LN 841-01-064 SWANSTON LANE LLC 7888 MONTEREY RD 841-02-009 CORIA EFRAIN AND CLAUDIA 841-02-046 UNION PACIFIC CORPORATION 841-02-055 DRL PROPERTIES LLC 341 LEWIS ST 841-03-063 PATEL JITENDRA AND NAYANA TRUSTEE 311 LEWIS ST 841-03-070 RODRIGUEZ QUIRINO V AND VAZQUEZ YOLANDA 222 MARTIN ST 841-06-040 LIU DENG AND CHEN SASHA 7492 CHESTNUT ST 841-07-027 SANCHEZ ELOY G AND ANGELICA M 7472 CHESTNUT ST 841-07-043 TORRES-FERNANDEZ ELISA ET AL 7498 CHESTNUT ST 841-07-049 ZHENG SHAO LAN AND ZHU YINGGUANG SOUTH VALLEY FY 841-10-039 PACIFIC GAS & ELECTRIC CO ATT: Nguyen Chau SOUTH VALLEY FY 841-14-058 UNION PACIFIC CORPORATION SOUTH VALLEY FY 841-14-059 UNION PACIFIC CORPORATION 841-14-060 UNION PACIFIC CORPORATION 841-14-072 UNION PACIFIC CORPORATION 5870 MONTEREY RD 841-14-080 GARLIC FARM TRUCK CENTER LLC 6900 CAMERON BL 841-17-100 MCCARTHY GILROY LLC 6503 CAMERON BL 841-17-107 MCCARTHY GILROY LLC 841-17-121 UNITED NATURAL FOODS WEST INC 11.1.a Packet Pg. 54 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 841-53-066 NGUYEN THU TAM 841-69-042 SOUTHPOINT BUSINESS PARK ASSOCIATES PACHECO PASS HY 841-70-014 CAPRARA DENNIS TRUSTEE & ET AL 850 HOLLOWAY RD 841-70-026 LOUGHRAN ALEXANDER 555 HOLLOWAY RD 841-70-037 ROCHA JOE A AND VICTORIA M 6970 CAMINO ARROYO 841-70-049 TEMPLE GILROY LLC 560 ROSSI CT 841-72-008 PULMUONE WILDWOOD INC E LUCHESSA AV 841-73-005 LONESTAR CALIFORNIA INC 5980 TRAVEL PARK CL 841-75-011 HOANG VINCE AN TRI 6601 CAMERON BL 841-84-009 MCCARTHY GILROY LLC 11.1.a Packet Pg. 55 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) EXHIBIT A Owner Address City/State Zip Code 2020 ROCKROSE CT GILROY CA 95020-7931 575 SOUTHSIDE DR STE C GILROY CA 95020 9298 CALLE DEL REY ST GILROY CA 95020-7700 1171 S SPRINGER RD LOS ALTOS CA 94024-4935 10440 S DE ANZA BLVD STE D5A CUPERTINO CA 95014 P O BOX 608 LOS GATOS CA 95030 8565 STRAWBERRY LN GILROY CA 95020 24168 BIG BASIN WAY SARATOGA CA 95070 9283 BRIARBERRY LN GILROY CA 95020-8210 1383 PHEASANT DR GILROY CA 95020-8203 4125 HECKER PASS RD GILROY CA 95020 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 8755 WILD IRIS DR GILROY CA 95020 1025 SPRIG WAY GILROY CA 95020 1381 PEREGRINE DR GILROY CA 95020 2121 CRUDEN BAY WAY GILROY CA 95020 9261 TEA TREE CT GILROY CA 95020 1841 CAROB CT GILROY CA 95020 1830 CAROB CT GILROY CA 95020 6971 SPUMANTE WAY GILROY CA 95020 145 RIGGS AVE MERCED CA 95340 574 BLAIRBURRY WAY SAN JOSE CA 95123-1303 1940 PEAR DR MORGAN HILL CA 95037 9050 TEA TREE WAY GILROY CA 95020 10800 MAXINE AVE CUPERTINO CA 95014-0120 979 STORY RD #7024 SAN JOSE CA 95122 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 38 PARK FLETCHER PL SAN JOSE CA 95136-2403 2250 CEDARSIDE CT SAN JOSE CA 95116 15858 RICA VISTA WAY SAN JOSE CA 95127 806 CHRISTOPHER CT SANTA CLARA CA 95051-5207 1743 CURTNER AVE SAN JOSE CA 95124-1208 1225 VIENNA DR #251 SUNNYVALE CA 94089 2224 BANYAN CT GILROY CA 95020 3339 VANGORN WAY SAN JOSE CA 95121-2555 2253 BANYAN CT GILROY CA 95020 3100 MELCHESTER DR SAN JOSE CA 95132-1744 PO BOX 10652 SAN JOSE CA 95127 901 CALLE SERRA SAN DIMAS CA 91773 2725 SCOTTSDALE DR SAN JOSE CA 95148-3427 39224 GUARDINO DR UNIT 216 FREMONT CA 94538 75 FARRELL AVE GILROY CA 95020-7616 2022 WEED ABATEMENT PROGRAM 11.1.a Packet Pg. 56 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 946 STANLEY AVE LOS ALTOS CA 94024-5067 9145 JARDIN WAY GILROY CA 95020 1437 LEIMERT BLVD UNIT #C OAKLAND CA 94602 750 MENLO AVE STE 250 MENLO PARK CA 94025 8401 DIANE CT GILROY CA 95020-4213 PO BOX 1557 GILROY CA 95021-1557 1648 MULBERRY LN SAN JOSE CA 95125-4942 103 CHIPPENDALE CT LOS GATOS CA 95032 11 FIRST ST GILROY CA 95020 8545 SHOOTING STAR CT GILROY CA 95020 265 GURRIES DR GILROY CA 95020 1648 MULBERRY LN SAN JOSE CA 95125-4942 8335 CHURCH ST GILROY CA 95020 5820 STONERIDGE MALL RD STE 225 PLEASANTON CA 94588 12005 TURLOCK AVE SAN MARTIN CA 95046-9432 860 MAPLE AVE SAN MARTIN CA 95046-9538 810 SAN PEDRO ST STE 200 SAN JOSE CA 95113 UNIT 305 SAN JOSE CA 95138 UNIT 305 SAN JOSE CA 95138 3117 OAKGATE WAY SAN JOSE CA 95148 3435 HARBOR CT SAN JOSE CA 95127-4311 PO BOX 193 SAN MARTIN CA 95046 PO BOX 1265 MORGAN HILL CA 95038 7421 HANNA ST GILROY CA 95020-5723 6700 CHURCH ST GILROY CA 95020-6508 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 5671 SANTA TERESA BLVD STE 200 SAN JOSE CA 95123 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 P O BOX 2327 GILROY CA 95021 305 BLOOMFIELD AVE GILROY CA 95020 480 E STATE ST STE 100 EAGLE ID 83616 8886 MURAOKA DR GILROY CA 95020 6415 MONTEREY RD GILROY CA 95020 7888 WREN AVE UNIT D-143 GILROY CA 95020 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-3620 11.1.a Packet Pg. 57 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 23 CORPORATE PL UNIT 150 NEWPORT BEACH CA 92625 2221 OLYMPIC BLVD WALNUT CREEK CA 94595 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 220 W 20TH AVE SAN MATEO CA 94403 7518 FERNIE CT GILROY CA 95020 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 PO BOX 1772 GILROY CA 95021 443 EL CAJON DR SAN JOSE CA 95111-3509 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 P O BOX 1772 GILROY CA 95021-1772 985 MONTEBELLO DR UNIT 105 E GILROY CA 95020 PO BOX 1772 GILROY CA 95021 707 N MONROE ST SAN JOSE CA 95128-1343 1216 PALLADIN WAY PLEASANTON CA 94566 19341 MONTE VISTA DR SARATOGA CA 95070-6219 1754 TECHNOLOGY DR UNIT 120 SAN JOSE CA 95110 P.O. BOX 787 DIABLO CA 94528 405 SPRING GROVE RD HOLLISTER CA 95023 18640 SUTTER BLVD STE 100 MORGAN HILL CA 95037 7888 MONTEREY RD GILROY CA 95020 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 2545 MUIRFIELD WAY GILROY CA 95020 39625 FREMONT BLVD FREMONT CA 94538 835 GREEN VALLEY RD WATSONVILLE CA 95076 400 PALM AVE MILLBRAE CA 94030 7492 CHESTNUT ST GILROY CA 95020-5806 7472 CHESTNUT ST GILROY CA 95020-5806 7498 CHESTNUT ST GILROY CA 95020-5806 111 ALMADEN BLVD SAN JOSE CA 95115-0005 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 5000 E 2ND ST UNIT G BENECIA CA 94510 210 ALMENDRA AVE LOS GATOS CA 95030-7211 210 ALMENDRA AVE LOS GATOS CA 95030-7211 100 OLIVER ST FLR 18TH BOSTON MA 2110 11.1.a Packet Pg. 58 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) 2673 MCLAUGHLIN AVE SAN JOSE CA 95121-2752 P O BOX 5368 SAN JOSE CA 95150 31958 GLORIA RD GONZALES CA 93926-9401 237 LAUMER AVE SAN JOSE CA 95127-2433 575 SOUTHSIDE DR GILROY CA 95020 527 SIMAS DR MILPITAS CA 95035-4723 2315 MOORE AVE FULLERTON CA 92833 1501 BELVEDERE RD WEST PALM BEACH FL 33406 5240 MONTEVERDE LN LINCOLN CA 95648 210 ALMENDRA AVE LOS GATOS CA 95030-7211 11.1.a Packet Pg. 59 Attachment: 2022 Gilroy Commencement Report (3738 : Weed and Refuse Abatement) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on January 24, 2022, the City Council adopted Resolution No. 2022-04 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2022-04 and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy City Code; and WHEREAS, said public hearing was duly held on April 4, 2022, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment “A” hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized Contractor. Such abatement shall be performed before May 15, 2022. 2. That any property owner shall have the right to destroy and/or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. Any property found with weeds after May 15, 2022 shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. Sites found after such date that constitute a fire hazard shall also be subject to administrative citation. 3. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and/or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. 11.1.b Packet Pg. 60 Attachment: Draft Resolution (3738 : Weed and Refuse Abatement) Resolution No. 2022-__ Weed Abatement Order City Council Regular Meeting | April 4, 2022 Page 2 of 2 PASSED AND ADOPTED this 4th day of April 2022, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Nam Pham, City Clerk 11.1.b Packet Pg. 61 Attachment: Draft Resolution (3738 : Weed and Refuse Abatement) City of Gilroy STAFF REPORT Agenda Item Title: Appointments to City Boards, Commissions and Committees With Open Vacancies Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Appoint members to Boards, Commissions and Committees with open vacancies. BACKGROUND Four of the City’s Boards, Commissions, and Committees (Arts & Culture Commission, Open Government Commission, Parks and Recreation Commission, and Physically Challenged Board of Appeals) currently have seats vacant as of March 21, 2022. At the close of the recruitment period, one application was received for Parks and Recreation Commission with a term expiring December 31, 2025. The Council interviewed Applicant Sergio Patterson at the March 21, 2022 Regular Meeting. The Council is now asked to consider his appointment to the Commission. Attachments: 12.1 Packet Pg. 62 1. Application - Parks and Recreation Commission - Received 2022-02-19 - Patterson, Sergio 12.1 Packet Pg. 63 City of Gilroy Board, Committee, and Commission Appointment | Sergio Patterson Page 1 of 2 City of Gilroy Application For Board, Committee, and Commission Appointment Date of Submission : 2/19/2022 11:16:28 AM Name : Sergio Patterson Board / Commission / Committee of Interest : Parks & Recreation Commission Are you a registered voter within the City limits? : Yes Physical Address : Alternate Phone Number : List your qualifications for this appointment: I've played sports my entire life and have a passion for the community and creating good experiences for kids to enjoy the outdoors. I have two kids myself who have participated in Gilroy rec activities and to have a chance to impact the city and the activities for my kids and other kids in the community would be incredible. I've coached a number of sports teams working various communities and understand many of the processes that go into parks and planning. I'm a program/project manager in my day job for LinkedIn and have a strong background in planning and bringing stakeholders together to achieve goals. I have strong program management skills that I believe will allow me to bring value to this board. List any service to the community including any prior appointments. Coached under 7 boys soccer for city of Gilroy Coached under 13 girls soccer for competitive you team Mentored under privileged kids in San Jose Bay Area will goal of breaking into tech Spent numerous hours servicing homeless community What are you goals while serving on this Board/Commission/Committee? 1. Bring my passion of community and sports to the city and help take our parks and recs org to the next level 2. Gain a deep understanding of what's working well and what could be improved to have a strong impact on the children of our community. Help push the city to make the necessary changes if needed to make our parks and recs program outstanding 12.1.a Packet Pg. 64 Attachment: Application - Parks and Recreation Commission - Received 2022-02-19 - Patterson, Sergio (3690 : Quarterly Appointments to City City of Gilroy Board, Committee, and Commission Appointment | Sergio Patterson Page 2 of 2 3. Gain experience on the board and give back to the city of Gilroy Why are you the most qualified to serve on this Board/Commission/Committee? I've been a resident of Gilroy for over 20 years and I have a good understanding of the current parks and recs programs. I believe im well qualified with my passion to serve the community, experience managing complex programs in Silicon Valley and willingness to learn and grow has me well suited to thrive in this role. 12.1.a Packet Pg. 65 Attachment: Application - Parks and Recreation Commission - Received 2022-02-19 - Patterson, Sergio (3690 : Quarterly Appointments to City City of Gilroy STAFF REPORT Agenda Item Title: Proposed Gilroy Police Department Policy for the Use of Military Equipment in Accordance with Assembly Bill 481 Meeting Date: April 4, 2022 From: Jimmy Forbis, City Administrator Department: Police Department Submitted By: Pedro Espinoza Prepared By: Luke Powell Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council review and provide feedback concerning the Military Equipment Use Policy pursuant to Assembly Bill 481. BACKGROUND On September 30, 2021, Governor Gavin Ne wsom signed into law AB 481, relating to the use of “military equipment” by law enforcement agencies. AB 481 requires a law enforcement agency to obtain approval from the applicable governing body via adopting a “military equipment” use policy by ordinance ; before funding, acquiring, or using military equipment. AB 481 codified California Government Code sections 7070 through 7075, requiring law enforcement agencies to obtain approval of the applicable governing body; by an ordinance adopting a “military equipment” use policy, at a regular meeting held according to open meeting laws, before taking specific actions relating to the funding, 13.1 Packet Pg. 66 acquisition, or use of military equipment. "Military equipment" is defined in California Government Code section 7070. AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The proposed military equipment use policy is found within Gilroy Police Departmen t Policy 708. ANALYSIS The term "military equipment," as in AB 481, does not necessarily indicate that the military has used the equipment. According to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper projectile systems, kinetic energy launchers (40mm projectile launcher, less-lethal shotguns), long-range acoustic devices, and diversionary devices. GPD is committed to using best practices and contemporary law enforcement equipment to enhance our ability to provide public safety to our community. Many of the equipment items enumerated in the AB 481 “military equipment” list are employed by the Gilroy Police Department and law enforcement agencies across the country to enhance the safety of community and law enforcement members. These items provide peace officers with the ability to safely resolve volatile situations and critical incidents that potentially would become lethal force encounters. Our current policies provide our officers with guidelines for using and maintaining the control devices and equipment listed in the attached “military equipment” inventory. Other items deemed "military equipment” per AB 481 include critical equipment such as rifles. Rifles have become standard pieces of equipment issued to new officers. Rifles have been instrumental in preventing and minimizing officer deaths when encountering armed suspects. Rifles afford officers the ability to address lethal threat s from a greater distance and with greater precision. The use of these equipment pieces identified below is critical to GPD's mission. They will continue to be strictly regulated through internal processes and oversight. GPD’s Policy 708 is a best practice Military Equipment Use Policy. Policy 708 outlines each item identified in Government Code section 7070 that the City currently owns. Policy 708 also includes the current use and cost of each item. These specific items, and their stated uses, have been in place before the implementation of AB 481. Future acquisitions of any item deemed “military equipment” will require a further public meeting, policy update, and Council approval. The proposed Policy 708 safeguards the public's welfare, safety, civil right s, and civil liberties. Policy 708 ensures safeguards, including transparency, oversight, and accountability measures. For instance, Policy 708 requires that GPD’s Military Equipment Coordinator will ensure that GPD complies with Policy 708. GPD will 13.1 Packet Pg. 67 conduct an annual audit of military equipment. Violations of Policy 708 will be corrected when discovered. Members of the public are provided direction per the policy on registering complaints. All items that result in the use of force will be investigated. There are no reasonable alternatives to the items listed below. GPD has not discovered alternative products that can achieve the same objectives of civilian and officer safety. Each item’s necessity is further described below. AB 481 “MILITARY EQUIPMENT” LIST 1. Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) have recently proven to be a critical piece of public safety technology. The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often crowded spaces. Without the tactical advantages of a UAS, peace officers would have to deploy to high-risk locations, which would increase the risk to the officers and members of th e public. There are no known cost- effective alternatives that could be used to access these locations safely. 2. Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to provide visibility in areas where it would be unsafe to send a peace officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of peace officers to engage in high -risk tasks. There is no known alternative to this system. 3. Armored personnel carriers, wheeled vehicles with a breaching or entry apparatus: Armored vehicles provide ballistic protection to officers and citizens during rescue, critical incidents, and other hazardous situations. These vehicl es allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and the citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection. 4. Command and control vehicles: The mobile command vehicle (MCV) is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio-visual devices to assist in command and control of a critical incident. This vehicle allows for mobile incident command and the Incident Command System(s) to facilitate the best possible on-scene decision-making by crucial leaders. It provides for mobility, sheltering, logistical support, and power. There is no known alternative for the MCV, which provides the same amount of mobility and support at one location in a quick deploying package. 5. Specialized firearms and ammunition: Special Weapons and Tactics (SWAT) rifles and sniper rifles enable officers when in compliance with the GPD’s Use of 13.1 Packet Pg. 68 Force Policy, to address medium to long-distance threats or those threats who are heavily armed, armored, or both. Further, in short and long-distance deployments, they allow officers precision shot placement, minimizing the risk to innocent citizens and officers. There are no known alternatives to these weapons that will provide the same level of distance or precision. 6. Diversionary Devices: Light and sound Flashbang diversionary devices momentarily disorient and divert the suspect’s attention away from officers. They can allow officers to gain safer access to a high -risk situation, giving extra time to assess and analyze threats. These d evices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There is no known alternative to a diversionary device when it is necessary. 7. Chemical munitions and pepper ball launchers: Chemical munitions and p epper balls are used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. They are also less lethal methods used to address violent or riotous crowds when there is a risk of physical safety but only after warnings to disperse have been given, along with ample time to disperse, and de-escalation techniques have been attempted and exhausted. Chemical munitions allow peace officers to deploy a less -lethal chemical agent into a structure where other weapons would not be capable of reaching. These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. There is no other alternative when these items are reasonable and necessary for use. 8. Kinetic Energy Less Lethal Launchers (40mm launcher and bean bag shotguns): The 40mm launcher affords the ability to use less -lethal chemical agents and impact munitions from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. There is no alternative to these kinetic energy, less-lethal weapon systems when necessary. STEPS TO COMPLY WITH AB 481 Below are the procedural steps for the City to take to comply with AB 481: 1. Draft a policy regarding the funding, acquisition, and use of “Military Equipment” as defined by Government Code section 7070. 2. Draft an ordinance adopting the “Military Equipment Use” policy. 3. Post a preliminary draft of the City’s “Military Equipment” use policy on the GPD webpage 30 days prior to a public hearing. 4. Host a public, community engagement meeting within 30 days of submitting and publicizing the military equipment report. 13.1 Packet Pg. 69 5. Adoption of an ordinance establishing a Military Equipment Use Policy, at least 30 days after the posting of the policy. 6. Produce an annual report to include the use of military equipment, any complaints received, any internal audits or violations of GPD Policy 708, and the cost of such use. The annual reporting will begin in May 2023. Adoption of the ordinance must be completed prior to October 4, 2022 (180 -days from first presentation to Council on April 4, 2022). TIMELINE FOR ADOPTION Below is the proposed timeline for attaining compliance with AB 481. • March 25, 2022- Post GPD draft Policy 708 on the GPD website a minimum of 30-days prior to a public hearing. Completed • April 4, 2022- Bring the proposed draft policy and ordinance to Council for discussion and direction. • April 7, 2022- GPD will host the public, community engagement meeting concerning military equipment use and the draft Policy 708. • May 2, 2022- Council introduction of the ordinance adopting a military equipment use policy (the “first reading” of the ordinance). • May 16, 2022- Council adoption of the ordinance (the “second reading” of the ordinance). On the subsequent pages you will find: Attachment 1, which consists of GPD draft Policy 708 Military Equipment Use; Attachment 1a, which consists of GPD draft Policy 708 Military Equipment Inventory; and These two documents meet AB 481 legal requirements pertaining to GPD’s continued use of “Military Equipment” as defined by Government Code section 7070. ALTERNATIVES None. This item is seeking Council discussion and direction. Council may provide feedback regarding the draft policy which staff will then incorporate into the final policy when brought back to Council for adoption. FISCAL IMPACT/FUNDING SOURCE There are no new financial considerations for existing military equipment and munitions. All equipment listed in the attached Policy 708 is already in the possession of , and used by, GPD. 13.1 Packet Pg. 70 Attachments: 1. Attachment 1 - GPD Draft Policy 708 Military Equipment Use 2. Attachment 1.a. - Policy 708.4 Military Equipment Inventory 13.1 Packet Pg. 71 ATTACHMENT 1. GPD POLICY 708 MILITARY EQUIPMENT USE 13.1.a Packet Pg. 72 Attachment: Attachment 1 - GPD Draft Policy 708 Military Equipment Use (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) Copyright Lexipol, LLC 2022/02/17, All Rights Reserved. Published with permission by Gilroy Police Department ***DRAFT*** Military Equipment - 1 Gilroy Police Department Gilroy PD Policy Manual Military Equipment 708.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 708.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Policy 708 13.1.a Packet Pg. 73 Attachment: Attachment 1 - GPD Draft Policy 708 Military Equipment Use (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) 708.2 POLICY It is the policy of the Gilroy Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Gilroy Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. The Military Equipment Coordinator will ensure that all Department members comply with this policy. The Military Equipment Coordinator will notify the Special Operations Captain of any policy violations and, if needed, the violations will be referred to the Internal Affairs Investigator for further inquiry. All instances of non-compliance will be reported to City Council via the annual military equipment report (Government Code § 7070(d)(6)). 708.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: See attachment: 708.4 MILITARY EQUIPMENT INVENTORY.pdf The attachment entitled “Policy 708.4 Military Equipment Inventory” (the “Inventory”) is incorporated into this policy by this reference. The contents of the Inventory are subject to change as situational and community needs dictate. All information required to be contained in this policy by Government Code § 7070(d)(1)-(5) for specific items of Military Equipment is contained in the Inventory. 708.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the 13.1.a Packet Pg. 74 Attachment: Attachment 1 - GPD Draft Policy 708 Military Equipment Use (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy. If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions: • Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. • Include the Military Equipment in the Police Department’s next annual Military Equipment Report. 708.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 13.1.a Packet Pg. 75 Attachment: Attachment 1 - GPD Draft Policy 708 Military Equipment Use (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) 708.9 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means: (a) Via email to: complaintscompliments@cityofgilroy.org (b) Via telephone to: 408-846-0300. (c) Via mail sent to: Gilroy Police Department Attn: Military Equipment Use Coordinator 7301 Hanna Street Gilroy, CA 95020 The Gilroy Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. 13.1.a Packet Pg. 76 Attachment: Attachment 1 - GPD Draft Policy 708 Military Equipment Use (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) ATTACHMENT 1. a. Policy 708.4 MILITARY EQUIPMENT INVENTORY May 2022 13.1.b Packet Pg. 77 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) Unmanned Aircraft System (UAS): An unmanned aircraft and the equipment necessary to control it remotely. a. Description, quantity, capabilities, and purchase cost of current UAS: i. DJI MATRICE 210 with Z30 and XTR2 Sensors, cost: $35,000, quantity: 1. UAS weighs approximately 4.5 kilograms and has approximately 24 minutes of flight time. Outfitted with High definition (HD) zoom and infrared cameras, it has video recording capabilities. ii. DJI MAVIC ENTERPRISE DUAL, cost: $5,000, quantity: 1. UAS weighs 899 grams and has approximately 30 minutes of flight time. Equipped with both color and infrared cameras, it has video recording capabilities and an audible speaker and light. iii. DJI MAVIC MINI 2, cost: $500 each, quantity: 2. UAS that weighs <249 grams and has 31 minutes of flight time. Equipped with a built-in visual sensor, it has video recording capabilities. b. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: i. major collision investigations. ii. search for missing persons. iii. natural disaster management. iv. crime scene photography. v. SWAT, tactical, or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and prevention. c. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. d. Expected Life Span All UAS equipment, 3-5 years. e. Fiscal Impact Annual maintenance and battery replacement cost are approximately $5,000. f. Training All Department UAS operators are licensed by the Federal Aviation Administration (FAA) for UAS operation. In addition, each operator must attend regular department training. g. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107. It is the policy of the GPD to utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to Local, State, and Federal law. Use is established under various GPD Policies, including, but not limited to Policy 706. 2. Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description, quantity, capabilities, and purchase cost i. AVATAR TACTICAL ROBOT, cost: $25,000, quantity: 1. The Avatar is a heavy-duty, remote-controlled ground robot that can navigate various terrain, including stairs. It offers multiple communications options (two-way audio and video) and a manipulator 13.1.b Packet Pg. 78 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) that allows various accessories and tool combinations. ii. TRANSCEND VINTAGE PATROL ROBOT, cost: $25,000, quantity: 1. The Vantage is a remote-controlled ground robot that can navigate various terrain, including stairs. It offers two-way audio capabilities and a visual and thermal sensor. iii. RECON ROBOTICS THROWBOT 1 ROBOT, cost: $8,500, quantity: 1. The Throwbot 2 is a remote-controlled throwable ground micro-robot that can navigate obstacles up to 4 inches. It can transmit real-time video and audio. b. Purpose To remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings. c. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the robots. The Incident Commander establishes use. d. Expected Life Span All robots, 8-10 years. e. Fiscal Impact Annual maintenance and battery replacement cost are approximately $1,000. f. Training All robot operators shall attend formalized instruction and be trained in robot operations and practical operating instruction. g. Legal and Procedural Rules It is the policy of the GPD to utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to Local, State, and Federal law. Use is established under various GPD Policies, including, but not limited to Policy 706. 3. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, G2, cost: No Cost (100% grant-funded purchase for $309,874.46), quantity: 1. The Lenco Bearcat, G2, is an armored vehicle with a breaching or entry apparatus that seats 10-12 personnel with an open floor plan to rescue down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This is a shared resource between the Santa Clara Sheriff’s Office, Morgan Hill Police Department, and the Gilroy Police Department. b. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use Armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and a manner consistent with Department policy and training. d. Lifespan Lenco Bearcat, 25 Years. e. Fiscal Impact 13.1.b Packet Pg. 79 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) Annual maintenance cost of approximately $10,000. f. Training All drivers/operators shall attend formalized instruction and train in vehicle operations and practical driving instruction. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 706. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes and pursuant to Local, State, and Federal law. 4. Mobile Command Vehicle (MCV): A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events. a. Description, quantity, capabilities, and purchase cost Freightliner MT-55 Chassis (custom built) vehicle, cost: No Cost (100% grant-funded purchase for $699,186), quantity: 1. The MCV can also be utilized for SWAT/CNT and other critical incidents, large, preplanned events, searching for missing persons, natural disasters, and community events. b. Purpose To be used based on the specific circumstances of a given critical incident, significant event, natural disaster, or community event that is taking place. c. Authorized Use Only officers trained in their deployment and operations consistent with Department policy and training are authorized to operate the MCV. Situations in which the MCV is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters. d. Lifespan The MCV, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems. e. Fiscal Impact The annual maintenance cost is approximately $25,000, split 50/50 with the Morgan Hill Police Department. f. Training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 706. It is the policy of the Department to use the MCV only for official law enforcement purposes and in accordance with California State law regarding the operation of motor vehicles. 5. Hostage Negotiation Team (HNT) Van: A vehicle used as a mobile office provides shelter and access to the Police Department computer systems for HNT members during extended events. a. Description, quantity, capabilities, and purchase cost Kodiak Communication Van (custom built), cost: No Cost (State transfer from Cal OES), quantity: 1. The HNT van can be utilized with SWAT/HNT callouts. b. Purpose To be utilized for critical incident callouts. c. Authorized Use Only officers trained in their deployment and operations consistent with Department policy 13.1.b Packet Pg. 80 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) and training are authorized to operate the HNT van. Situations in which the MCV is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters. d. Lifespan The HNT van has a 20-year lifespan on a chassis and vehicle structure. e. Fiscal Impact Annual maintenance, $600. f. Training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city. g. Legal Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 706. It is the policy of the Department to use the HNT Van only for official law enforcement purposes and in accordance with California State law regarding the operation of motor vehicles. 6. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less-lethal tool to launch impact rounds. a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: 7. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with a light rail. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet and is authorized to be used by all trained sworn personnel. ii. DEFENSE TECHNOLOGY, 40MM TACTICAL 4-SHOT LAUNCHER, #1440, cost: $1975, quantity: 1. The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy-to-carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less-lethal round up to 120 feet and is only authorized to be used by SWAT personnel. iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: 50. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 325 FPS. The 26-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for the use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. 13.1.b Packet Pg. 81 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) iv. Potentially vicious animals. v. Training exercises or approved demonstrations. d. Training Sworn members utilizing 40MM less-lethal impact rounds are trained in their use by POST-certified less-lethal instructors. All sworn personnel must complete and pass a 40MM less lethal qualification course. e. Lifespan Defense Technology #1425- 25 Years. Defense Technology #1440- 15 Years. Defense Technology #6325- 5 Years. f. Fiscal Impact Annual maintenance is approximately $25 for each launcher. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 308. It is the policy of the GPD to utilize the 40mm only for official law enforcement purposes and pursuant to all Local, State, and Federal laws governing police use of force. 7. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less-lethal 12-gauge Super- Sock Beanbag Round. a. Description, quantity, capabilities, and purchase cost i. MOSSBERG 590 LESS LETHAL SHOTGUN, cost: $620, quantity: 10. The Mossberg 590 Less Lethal Shotgun is used to deploy the less-lethal 12-gauge Super-Sock Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the threat’s immediacy, which is a principle of de-escalation. ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $7, quantity: 150. A less lethal 2.4-inch 12-gauge shotgun rounds firing a ballistic fiber bag filled with 40 grams of lead shot at 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun distinguishable by an orange buttstock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is immediately deployed upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for the use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. 13.1.b Packet Pg. 82 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) d. Lifespan Mossberg 590 Less Lethal Shotgun- 25 Years. Super Sock Round- No listed expiration date. e. Fiscal Impact Annual maintenance is approximately $25 for each shotgun. f. Training All officers are trained in the 12 gauge less-lethal shotgun as a less-lethal option by in- service training. All officers must complete and pass a 12 gauge less-lethal shotgun qualification course. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 308. It is the policy of the GPD to utilize the less-lethal shotgun only for official law enforcement purposes and pursuant to Local, State, and Federal law, including those regarding the use of force. 8. Combined Systems LC5 40MM Launching Cup: Cups attach to a 12 gauge less lethal shotgun and allow officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $275, quantity: 2. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun, and the munition is launched with the model 2600 launching cartridge. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for the use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. d. Lifespan Combined Systems LC5 40MM Launching Cup- 25 Years e. Fiscal Impact No annual maintenance. f. Training POST-certified chemical agents instructors train officers utilizing the launching cups. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 308. It is the policy of the GPD to utilize the 40mm only for official law enforcement purposes and pursuant to Local, State, and Federal law, including those regarding the use of force. 9. Diversionary Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290 FLASH-BANG, cost: $52, quantity: 20. A non-bursting, non-fragmenting device produces a loud bang with an intense flash of 13.1.b Packet Pg. 83 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) light. Ideal for distracting dangerous suspects during barricaded incidents, hostage rescue, high-risk warrants, armed suspects, and anytime their use would enhance the safe resolution. ii. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $42, quantity: 30. The 7290M Flash-Bang exhibits the same attributes as its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces, the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. b. Purpose A diversionary device is ideal for distracting dangerous suspects during barricaded incidents, hostage rescue, high-risk warrants, armed suspects, and anytime their use would enhance the safe resolution of a situation. To produce atmospheric over-pressure, with a loud bang and bright white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. c. Authorized Use Diversionary Devices shall only be used: i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations. iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises. d. Lifespan Until used. e. Fiscal Impact No annual maintenance costs. f. Training Before use, officers must attend divisionary device training conducted by POST. certified instructors. g. Legal and Procedural Rules It is the policy of the GPD to utilize diversionary devices only for official law enforcement purposes and pursuant to Local, State, and Federal law regarding the use of force. 10. Rifles: Guns fired from shoulder level have a long spirally grooved barrel intended to make bullets spin and have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost i. COLT M4 COMMANDO, cost: $1062, quantity: 10. The Colt M4 Commando is a select-fire rifle chambered in 5.56MM, has a 10.5" barrel, a collapsible stock, and accepts a 30-round magazine. These rifles have a short barrel, allowing a trained officer the best control inside structures with greater accuracy than a handgun. These rifles are issued to members of the GPD SWAT, Entry Team. ii. COLT M4 CARBINE, cost: $1062, quantity: 5. The Colt M4 Carbine is a select-fire rifle chambered in 5.56MM, has a 14.5" barrel, a collapsible stock, and accepts a 30- round magazine. These rifles have a medium-length barrel, allowing a trained officer better control inside structures with greater accuracy than a handgun. These rifles are issued to the GPD SWAT, Sniper/Observer Team members. These rifles are 13.1.b Packet Pg. 84 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) primarily used in an overwatch capacity to protect the community during significant events. iii. REMINGTON 700, cost: $2000, quantity: 3. The Remington 700 is a bolt action rifle, chambered in .308 caliber, has a 20” barrel, a fixed stock, and accepts a 5 -round magazine. These rifles are issued to the GPD SWAT, Sniper/Observer Team members. These rifles are primarily used in an overwatch capacity to protect the community during large events. iv. COLT M16A1, received from the military at no cost, quantity: 16. The Colt M16A1 is a select-fire rifle chambered in 5.56MM, has a 16.5" barrel, a collapsible stock, and accepts a 30-round magazine. These rifles have a long barrel, allowing a trained officer reasonable control inside structures with greater accuracy than a handgun. These rifles are not currently used nor issued to members of the GPD SWAT but are retained as backup rifles if a SWAT officer’s primary rifle fails. v. SPRINGFIELD M14, received from the military at no cost, quantity: 1. The Springfield M14, a select-fire rifle chambered in .308 caliber, has a 20” barrel, a fixed stock, and accepts a 20-round magazine. This rifle is not currently used nor issued to a member of the Police Department. b. Purpose To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun. c. Authorized Use Only members that are POST certified are authorized to use a rifle. d. Lifespan Colt M4 Commando- 10 Years. Colt M4 Carbine- 10 Years. Remington 700- 10 Years. Colt M16A1- No Expiration. Springfield M14- No Expiration. e. Fiscal Impact Annual maintenance is approximately $25 for each rifle. f. Training Before using a rifle, officers must be certified by POST instructors in the rifle’s operation. Additionally, all members who operate any rifle must pass a range qualification two times a year. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 312. It is the policy of the GPD to utilize rifles only for official law enforcement purposes and pursuant to all Local, State, and Federal laws governing the use of force. 11. Chemical Agent and Smoke Canisters: Canisters containing chemical agents released when deployed. a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE LARGE-STYLE CANISTER, #1073, cost: $38, quantity: 5. The Large-Style Maximum Smoke Grenade comes from the Defense Technology smoke grenade. It is a slow-burning, high-volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes. 13.1.b Packet Pg. 85 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) ii. COMBINED SYSTEMS, WHITE SMOKE TACTICAL CANISTER GRENADE, #8210, cost: $24, quantity: 2. Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. It emits smoke for up to 30 seconds and is small enough to carry in a pocket. It can be hand thrown or launched. iii. SAGE CONTROL ORDINANCE, 37MM SAGE RIFLED – BARRICADE PENETRATING, #BP5OC, cost: $20, quantity: 28. The BP5OC is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized OC chemical agents through barricades from a 37mm rifled launcher. The projectile is frangible plastic filled with a micro-pulverized OC powdered chemical agent. The BP5OC is designed to penetrate windows, doors, and other barriers. The micro-pulverized OC powder is released upon impact. iv. SAGE CONTROL ORDINANCE, 37MM SAGE RIFLED – BARRICADE PENETRATING, #BP5CS, cost: $20, quantity: 28. The BP5CS is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized CS chemical agents through barricades from a 37mm rifled launcher. The projectile is frangible plastic filled with a micro- pulverized CS powdered chemical agent. The BP5CS is designed to penetrate windows, doors, and other barriers. The micro-pulverized CS powder is released upon impact. v. SAGE CONTROL ORDINANCE, 37MM SAGE RIFLED – IMPACT/CHEMICAL, #KO3OC, cost: $20, quantity: 25. The KO3OC is a direct fire crush nose chemical impact baton round designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or non- compliant individuals. Upon impact, the KO3 projectile imparts blunt trauma and releases a micro-pulverized OC powder payload as the baton nose is crushed. vi. COMBINED SYSTEMS, RIOT CS SMOKE GRENADE, #6230, cost: $32, quantity: 11. Pyrotechnic canister grenade emitting CS smoke for 30 to 40 seconds through multiple emission ports. It may be launched or hand-thrown. Due to fire-producing capability, the grenade is not designed to be deployed on rooftops, in crawl spaces, or indoors. vii. COMBINED SYSTEMS, BAFFLED RIOT CS SMOKE GRENADE, #5230B, cost: $40, quantity: 1. A pyrotechnic grenade designed for indoor use delivers a maximum amount of irritant smoke throughout multiple rooms with minimal fire risk. This pyrotechnic grenade emits CS smoke for 20 to 40 seconds through multiple emission ports. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c. Authorized Use Only officers who have received POST certification in using chemical agents are authorized to use chemical agents. d. Training POST-certified chemical agents instructors train officers utilizing the launching cups. e. Lifespan 13.1.b Packet Pg. 86 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481) 5 years from manufacturing date. f. Fiscal Impact No annual maintenance. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 308. It is the policy of the GPD to utilize chemical agents only for official law enforcement purposes, pursuant to Local, State, and Federal law, including those regarding the use of force. 12. PepperBall Launcher: A device that discharges irritant projectiles. a. Description, quantity, capabilities, and purchase cost i. PepperBall FTC Launcher, cost: $499, quantity 6. The Full Tactical Carbine (FTC) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. ii. PepperBall LIVE PROJECTILE, cost: $2 per projectile, quantity 1000. The primary PepperBall Live projectile contains 2% PAVA pepper powder designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. iii. Pepperball INERT PROJECTILE, cost $0.80 per projectile, quantity 1000. The INERT projectile contains a harmless, scented powder. This projectile is used for training purposes. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include but are not limited to: i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c. Authorized Use Only those officers who have been trained in using PepperBall launchers are authorized to use the PepperBall launchers. d. Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST-certified less lethal and chemical agents instructors. e. Lifespan i. PepperBall FTC Launcher- 20 years ii. PepperBall Live Projectile- 3 years iii. PepperBall Inert Projectile- 3 years f. Fiscal impact Annual maintenance is approximately $25 for each PepperBall launcher. g. Legal and Procedural Rules Use is established under various GPD Policies, including, but not limited to Policy 308. It is the policy of the GPD to utilize PepperBall only for official law enforcement purposes and pursuant to Local, State, and Federal law, including those regarding the use of force. 13.1.b Packet Pg. 87 Attachment: Attachment 1.a. - Policy 708.4 Military Equipment Inventory (3741 : Provide Direction to Adopt Ordinance Pursuant to AB481)