05/16/2022 City Council Regular Meeting Agenda Packet
May 12, 2022 11:10 AM 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, MAY 16, 2022
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.
A Closed Session may be called during this meeting pursuant to Government Code 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
City Council Regular Meeting Agenda
05/16/2022 Page2 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. OPENING
1.1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
3. PRESENTATIONS TO THE COUNCIL
3.1. Youth Commission Annual Presentation
3.2. Presentation from Santa Clara County Public Health (Tobacco
Prevention)
3.3. 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 the 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-
City Council Regular Meeting Agenda
05/16/2022 Page3 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 the
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
4. 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 Regional
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
City Council Regular Meeting Agenda
05/16/2022 Page4 Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory
Committee, VTA South County City Group
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
6. 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 unless 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.
6.1. City Council - Regular Meeting - May 2, 2022 6:00 PM
6.2. A Resolution of the City Council of the City of Gilroy Proclaiming the
Month of May 2022 as Affordable Housing Month
6.3. Resolution Proclaiming the Month of June 2022 as LGBTQ Pride
Month
6.4. A Resolution of the City Council of the City of Gilroy Calling a
General Municipal Election for Municipal Officers and Requesting the
Santa Clara County Board of Supervisors Consolidate With the
Statewide General Election to be Held on November 8, 2022 Pursuant
to California Elections Code Section 10403, and Requesting Services
of the Registrar of Voters
6.5. Award Professional Service Contracts to the Council Approved On-
Call Consultants List for Planning Services, Environmental Reviews
and Historical Evaluations (21-RFQ-CDD-330)
6.6. Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program
Through May 31, 2023
6.7. A Resolution of the City Council of the City of Gilroy Rescinding
Resolution No. 2012-46 and Adopting the Updated Complete Streets
Policy
6.8. Claim of Maria Galeana (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim.)
6.9. Second Reading and Adoption of An Ordinance of the City Council of
the City of Gilroy Military Use Policy 708 Pursuant to Assembly Bill
481
7. BIDS AND PROPOSALS
8. PUBLIC HEARINGS
8.1. Approval of the Community Development Block Grant and
Permanent Local Housing Allocation Public Service Grant
Allocations and Community Development Block Grant Annual Action
Plan for Fiscal Year 2022-2023 (Continued from May 2, 2022 City
Council Regular Meeting)
City Council Regular Meeting Agenda
05/16/2022 Page5 1. Staff Report: Crystal Zamora, Program Administrator
2. Disclosure of Ex-Parte Communications
3. Re-open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Conduct a public hearing and solicit comments on the draft 2022-2023
Annual Action Plan.
b) Approve Option D for the Community Development Block Grant (CDBG)
and Permanent Local Housing Allocation (PLHA) public service grant allocations
for Fiscal Year 2022-2023.
c) Council adopt the draft 2022-2023 Annual Action Plan, incorporating any
changes that Council may wish to make.
9. UNFINISHED BUSINESS
10. INTRODUCTION OF NEW BUSINESS
10.1. Consideration of a Resolution Authorizing the Enforcement of
Assembly Bill No. 1276 Prohibiting Food Facilities from Providing
Any Single-Use Foodware Accessory or Standard Condiment Under
Certain Conditions
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council adopt the resolution.
10.2. Approve a School Resource Officer Memorandum of Understanding
for Fiscal Year 2022-2023
1. Staff Report: Pedro Espinoza, Police Chief
2. Public Comment
3. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy authorizing the City
Administrator to enter into an agreement between the City of Gilroy and Gilroy
Unified School District for two school resource officers, including cost sharing, for
fiscal year 2022-2023.
10.3. Introduction of Comprehensive User Fee Study Update
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
Receive report.
10.4. Receive an Update on the Refinancing Pension Obligations Project
and Approval of Issuance of the Pension Obligation Bonds
City Council Regular Meeting Agenda
05/16/2022 Page6 1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
1. Receive an update.
2. Direct staff to refinance the pension obligation via issuance of pension
obligation bonds.
11. CITY ADMINISTRATOR'S REPORTS
11.1. Gilroy PD Use of Flock Security Cameras
11.2. Civic Center Projects
11.3. Small Business Relief Program
11.4. CalHome Program County Award
12. CITY ATTORNEY'S REPORTS
13. CLOSED SESSION
14. ADJOURNMENT
FUTURE MEETING DATES
JUNE 2022
6* Regular Meeting - 6:00 p.m.
20* Regular Meeting - 6:00 p.m.
JULY 2022
5* Regular Meeting - 6:00 p.m.
AUGUST 2022
1* Regular Meeting - 6:00 p.m.
15* Regular Meeting - 6:00 p.m.
SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.
*Meeting is televised and webstreamed
3.3.1
Packet Pg. 7 Communication: Public Comment - Lucy Navarro (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
Your Phone
Subject Second Hand smoke
Your Message As a concerned community member and affected party, I am
exposed to second-hand smoke. On the right hand side of my
apartment I have a neighbor who smokes marihuana very
heavily. Another neighbor close by, the lady was pregnant, and
they had to move out.
On the left hand side of my apartment there is another neighbor
who also smokes cigarettes and marihuana. A couple of times I
sent a complaint, and I was told, since marihuana is allowed,
they couldn't do anything. So I'm the one smoking along with the
neighbors.
Upload a File Field not completed.
Email not displaying correctly? View it in your browser.
1775 Story Road, Suite 120
San Jose, CA 95122
Gilroy City Council
City Hall
73151 Rosanna Street
Gilroy, CA 95020
May 11, 2022
Dear Mayor and Council Members,
The Tobacco-Free CoaliFon of Santa Clara County, which consists of organizaFons and individuals
interested in promoFng the health of our ciFzens, is excited to hear that you are discussing secondhand
smoke issues at your May 16 meeFng.
We want to congratulate the Gilroy City Council for recently taking the step to protect residents from
secondhand smoke in parks.
As you know, secondhand smoke exposure is harmful and potentially deadly. The U.S. Surgeon General has
stated that there is no risk-free level of exposure to secondhand smoke. It can contribute to health
problems such as asthma, heart disease, lung cancer and stroke. Children, the elderly and the disabled —
our most vulnerable citizens — are also the most vulnerable to secondhand smoke.
There are many strong policy options that would protect residents of Gilroy from secondhand smoke.
Many of these have passed in other cities across Santa Clara County already. These include:
•Outdoor Dining Areas
•Entryways
•Service Areas
•Public Events
•Multi-Unit Housing
It brings us hope to hear that Gilroy is considering how to join other Santa Clara County jurisdictions in
expanding secondhand smoke protections.
Our coalition strongly encourages you to consider these policies at your meeting on May 16 to protect the
health of Gilroy residents. We look forward to working with you to support this effort.
Sincerely,
Vanessa Marvin, Co-Chair Carol Baker, Co-Chair
3.3.2
Packet Pg. 9 Communication: Public Comment - Vanessa Marvin and Carol Baker (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
City Council Regular Meeting Minutes
May 2, 2022
Page 1 of 6
City Council Meeting Minutes
05/2/2022
City of Gilroy
City Council Regular Meeting Minutes
May 2, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by
1. Pledge of Allegiance
Council Member Hilton led the Pledge of Allegiance.
2. Invocation
Pastor Robert MacPhail of 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 Armendariz 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
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation - Bike Awareness Month
Mayor Blankley read aloud the proclamation. Parks and Recreation
Commission Chair Graham accepted the Proclamation.
2.1.2. Proclamation - National Public Works Week
Mayor Blankley read aloud the proclamation. Public Works Director
Jordan accepted the proclamation.
3. PRESENTATIONS TO THE COUNCIL
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3.1. 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.
The following individuals spoke on items not on the agenda:
City Clerk Pham reported Council received eight written correspondences
from the public.
Ron Kirkish updated the council about the latest ruling from the Supreme
Court decision in relation to the City’s flag policy and requested the
Christian flag and Thin Blue Line flag be flown at City Hall.
Marty Cheek asked City Council to fill out his survey of Vision 2040.
There being no further public comment, Mayor Blankley closed public comment .
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported Santa Clara County Library JPA .
Council Member Armendariz had no report.
Council Member Marques had no report.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar had no report.
Vice Mayor Leroe-Muñoz had no report.
Mayor Blankley reported on High Speed Rail Authority and reminded about the
Coffee with the Mayor event this upcoming Saturday, May 7, 2022.
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Hilton requested for staff to bring to Council a minor language
change to street sweeping policy. The item received unanimous support
Council Member Hilton requested that Council adopt a resolution declaring May
as Affordable Housing Month. The item received majority support.
Council Member Marques requested a Special Study Session with Gilroy Garlic
Festival Organization. The item received unanimous support.
6.1
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City Council Regular Meeting Minutes
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City Council Meeting Minutes
05/2/2022
6. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
6.1. City Council - Regular Meeting - Apr 18, 2022 6:00 PM
A motion was made to approve the minutes.
6.2. City Council - Joint Meeting with Gilroy Unified School District - Apr 25,
2022 6:00 PM
A motion was made to approve the minutes.
6.3. Claim of Rissa Arellano (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.
6.4. Claim of Linda Valdez (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.
7. BIDS AND PROPOSALS
There were none listed.
8. INTRODUCTION OF NEW BUSINESS
8.1. City Council Position on Proposed Santa Clara Valley Water District's
Ballot Measure Concerning Board Member Term Limits
City Administrator Forbis gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comm ent.
Possible Action:
Council provide direction regarding its policy stance on Santa Clara Valley
Water District's proposed ballot measure, and if opposed adopt a
resolution opposing the ballot measure.
RESULT: REMAIN NEUTRAL [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
8.2. Progress Update on the Unhoused Ad-Hoc Committee
Recommendations
6.1
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Senior Management Analyst Atkins gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Council receive the report.
RESULT: RECEIVE REPORT
8.3. Approval of a Permanent Local Housing Allocation (PLHA) 5-Year
Expenditure Plan
Program Administrator Zamora gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
David Cox voiced his concerns in working with the County.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
Council approve the Permanent Local Housing Allocation (PLHA) 5-Year
Expenditure Plan.
RESULT: APPROVE [UNANIMOUS]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
9. PUBLIC HEARINGS
9.1. Approval of the Community Development Block Grant and Permanent
Local Housing Allocation Public Service Grant Allocations and Community
Development Block Grant Annual Action Plan for Fiscal Year 2022-2023
Mayor Blankley asked Council Members if they received any ex -parte
communications. No ex-parte communications were reported.
Council Member Armendariz notified she will be recusing herself from this item.
Program Administrator Zamora gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Hearing at 7:47 PM.
Ron Kirkish inquired how South County Collaborative and CARAS would
use the funds.
Ann Peterson, Executive Director of Live Oak Adult Day Service,
6.1
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expressed gratitude to Council and updated Council Members about their
work.
Teresa Johnson from The Health Trust provided an update on the Meals
on Wheels program.
Tim Davis from Compassion Center stated he is grateful to receive
assistance from CDBG and encourage Council to approve Option D within
the staff report.
There being no further comments, Mayor Blankley continued Public Hearing to
next Meeting Date of May 16, 2022.
10. UNFINISHED BUSINESS
10.1. Introduction of an Ordinance of the City Council of the City of Gilroy
Military Use Policy 708 Pursuant to Assembly Bill 481
Captain Powell gave staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
1) Motion to read the ordinance by title only and waive further reading;
RESULT: READ TITLE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
City Clerk Pham read aloud the title of the ordinance.
x Introduction of an Ordinance of the City Council of the City of Gilroy
Military Use Policy 708 Pursuant to Assembly Bill 481
RESULT: ADOPT 1ST READING OF ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
11. CITY ADMINISTRATOR'S REPORTS
11.1. Update on Cohansey Avenue and Monterey Road
City Administrator Forbis provided staff presentation on this item. City
Administrator Forbis and Public Works Director Jordan responded to Council
Member questions.
11.2. Sargent Quarry Status Update
City Administrator Forbis provided staff presentation on this item.
6.1
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11.3. Outdoor and Parklet Update
City Administrator Forbis provided staff presentation on this item. Interim
Community Development Director Biggs responded to Council Member
questions.
12. CITY ATTORNEY'S REPORTS
City Attorney Faber provided brief report about the Supreme Court decision on
Shurtleff vs. Boston and stated that the City's current flag policy in line with the
ruling.
13. CLOSED SESSION
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Mayor Blankley adjourned Regular Meeting to Closed Session at 8:21 p.m.
The City Council convened in Closed Session at 8:26 p.m.
The Council voted to stay in closed session was unanimous.
13.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
GC Sec. 54956.8 and GC Sec.17A.8 (a) (2)
13.1.1. Property: 140 5th Street (APN 799-070-23)
Negotiators: Jimmy Forbis, City Administrator and Karine Decker,
Economic Development Analyst
Other Party to Negotiations: Advantage Peak, LLC
Under Negotiations: Price and Terms of Lease
No reportable action.
14. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
15. ADJOURNMENT
The meeting was adjourned at 8:55 P.M. by Mayor Blankley.
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 Nam Pham, CMC, CPMC
City Clerk
6.1
Packet Pg. 15 Minutes Acceptance: Minutes of May 2, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Proclaiming
the Month of May 2022 as Affordable Housing Month
Meeting Date: May 16, 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
Council consideration of the proposed resolution.
BACKGROUND
This is a Council initiated item. At the May 2, 2022, a future agenda item request was
made and supported by a majority of Council, to consider a resolution declaring the
month of May as Affordable Housing Month.
ALTERNATIVES
Council may accept, modify, or reject the resolution.
6.2
Packet Pg. 16
FISCAL IMPACT/FUNDING SOURCE
None. The resolution makes no financial commitments, nor in-kind commitments of staff
time.
PUBLIC OUTREACH
If adopted, staff will share through its various media channels.
Attachments:
1. Resolution - Affordable Housing Month
2. Public Comment - Janet Lee
6.2
Packet Pg. 17
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY PROCLAIMING THE MONTH OF MAY 2022
AS AFFORDABLE HOUSING MONTH
WHEREAS, affordable housing is one of the cornerstones of democracy and part of the
American Dream; and
WHEREAS, our communities thrive when all families have a safe, stable, and affordable
place to call home; and
WHEREAS, the City of Gilroy welcomes efforts to produce, protect and preserve the
supply of affordable housing options; and
WHEREAS, the COVID-19 pandemic both highlighted existing housing instability and
the homelessness crisis, and has further increased the need for affordable housing in recovery; and
WHEREAS, the process of economic recovery will be gradual, Gilroy is committed to the
advancement of housing options for various levels of income, including the addition of smaller
homes in all neighborhoods; and
WHEREAS, organizations throughout Silicon Valley are dedicated to providing safe,
stable, permanent and affordable housing to all members of the community; and
WHEREAS, these organizations have partnered with local agencies and community
members to organize Affordable Housing Month to encourage the sharing of best practices,
opportunities, and solutions to provide affordable housing.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy
does hereby support May 2022 as Affordable Housing Month.
PASSED AND ADOPTED this 16th day of May 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
6.2.a
Packet Pg. 18 Attachment: Resolution - Affordable Housing Month (3789 : Affordable Housing Month)
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
From:Janet Lee
To:City Clerk; +allcouncilmembers@cityofgilroy.org
Subject:EXTERNAL - Public Comment for Item #6.2
Date:Wednesday, May 11, 2022 8:29:08 PM
Public Comment for Item #6.2. Hello, I am a teacher and resident of Gilroy I’d like to support
that we adopt a resolution declaring the month of May as “Affordable Housing Month”. It will
be celebrated across our region by government and non-profit organizations.
Doing so will highlight one of our City Council goals and show the region that we are
committed to promoting the availability of safe and affordable housing for all Gilroy residents.
Millions of dollars have been provided to our residents and community based organizations
from non-profits such as Destination Home.
This resolution will reaffirm our commitment to the Community Plan to End Homelessness. I
urge your support for this resolution to signify the importance of affordable housing.
Thank you,
Janet Lee
It may feel impossible, but sometimes you just have to take the first step, even before you're
ready. -Sisu in Raya and the Last Dragon
6.2.b
Packet Pg. 19 Attachment: Public Comment - Janet Lee (3789 : Affordable Housing Month)
City of Gilroy
STAFF REPORT
Agenda Item Title: Resolution Proclaiming the Month of June 2022 as LGBTQ Pride
Month
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
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 proclaiming the month of June 2022 as LGBTQ Pride month.
EXECUTIVE SUMMARY
The City Council will consider proclaiming June 2022 as LGBTQ Pride Month in Gilroy.
ANALYSIS
Staff has prepared a resolution for Council consideration that proclaims June 2022 as
LGBTQ Pride Month. The City Council of the City of Gilroy supports the rights,
freedoms, and equality of those who are lesbian, gay, bisexual, transgender, and
6.3
Packet Pg. 20
queer/questioning (LGBTQ+). The City of Gilroy prides itself on being an inclusive
community and encourages the celebration of LGBTQ+ Pride Month to recognize all
people in the community deserve to be treated respectfully, fairly, and equally,
regardless of sexual orientation or gender identity.
As part of Council deliberation concerning the City’s Flag Flying policy, Council decided
that the LGBTQ flag would be “grandfathered” and not be subject to the City’s
application process for calendar year 2022. The City will fly the LGBTQ flag from June
1st to June 30th.
ALTERNATIVES
Council could decide to not approve the resolution.
FISCAL IMPACT/FUNDING SOURCE
None.
Attachments:
1. Draft Resolution
6.3
Packet Pg. 21
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
PROCLAIMING THE MONTH OF JUNE 2022 AS LESBIAN, GAY,
BISEXUAL, TRANSGENDER, AND QUEER/QUESTIONING PRIDE
MONTH
WHEREAS, The City Council of the City of Gilroy supports the rights, freedoms, and
equality of those who are lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ+);
and
WHEREAS, LGBTQ+ activists across the country have made tremendous progress to
ensure individuals are judged on their character and not by who they love; and
WHEREAS, the City of Gilroy prides itself on being an inclusive community and will
continue to build a society where every child grows up knowing their community supports them,
is proud of them, and has a place for them exactly as they are; and
WHEREAS, the City of Gilroy encourages the celebration of LGBTQ+ Pride Month to
recognize all people in the community deserve to be treated respectfully, fairly and equally
regardless of sexual orientation or gender identity;
NOW, THEREFORE, BE IT RESOLVED that the City Council proclaims the month
of June as LGBTQ+ Pride Month.
PASSED AND ADOPTED this 16th day of May 2022 by the CITY COUNCIL OF THE
CITY OF GILROY 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
6.3.a
Packet Pg. 22 Attachment: Draft Resolution (3787 : LGBTQ Pride Month)
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Calling a
General Municipal Election for Municipal Officers and Requesting
the Santa Clara County Board of Supervisors Consolidate With the
Statewide General Election to be Held on November 8, 2022
Pursuant to California Elections Code Section 10403, and
Requesting Services of the Registrar of Voters
Meeting Date: May 16, 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
Staff recommends Council adopt a Resolution of the City Council of the City of Gilroy
calling a general municipal election for municipal officers and requesting the Santa
Clara County Board of Supervisors authorize consolidation with the Statewide General
Election to be held on November 8, 2022 pursuant to California Elections Code Section
10403, and requesting services of the Registrar of Voters.
BACKGROUND
6.4
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The City of Gilroy’s General Municipal Election is held on the Tuesday following the first
Monday in November of even numbered years, with the next general election date
being November 8, 2022. Three (3) City Council seats will be up for election this
November, which are currently held by Council Members Dion Bracco, Peter Leroe-
Muñoz, and Carol Marques. The at-large City Council seats are for four (4)-year terms
and will run through 2026.
Section 10002 of the Elections Code of the State of California provides that the
governing body of a City may by resolution request the Board of Supervisors of the
County to permit the County elections official to render special services to the City
related to the conduct of elections. Upon approval, this resolution will be submitted to
the Santa Clara County Board of Supervisors for approval of consolidation. The County
requires submission of this resolution by July 6, 2022. The nomination period for the
November 8, 2022 election opens at 8:30 a.m. Monday, July 18, 2022, and closes at
5:00 p.m. Friday, August 12, 2022, unless an incumbent fails to file. If an incumbent
has not filed nomination papers by the August 12th deadline, the nomination period will
be extended for non-incumbent candidates only until Wednesday, August 17, 2022. The
City Clerk’s Office will be taking appointments Monday through Friday from 8:30 a.m. to
5 p.m. during the period to process nomination papers for those seeking elective office.
DISCUSSION
During the nomination period, any eligible and qualified Gilroy resident interested in
running for City Council may request nomination papers for candidacy from the City
Clerk. An appointment for a time during the nomination period will be set. At this
meeting, the Clerk will review the Candidate’s Guide with the potential candidate and
will issue all the forms required for a City Council candidacy.
A candidate may, but is not required to, file a 200-word Candidate’s Statement of
Qualifications for inclusion in the voters’ information pamphlet. Each candidate is
responsible to pay half of the cost of this statement ($1,400.00) at the time of filing. The
City Council may also submit ballot measure(s) for the November 2022 election and if
that occurs, the Council will take action by separate resolution(s) and/or ordinance(s)
that will then be submitted to the Board of Supervisors and Elections Department by the
published deadlines for inclusion on the ballot.
FISCAL IMPACT/FUNDING SOURCE
Estimated costs for this election are $120,000, coming from the General Fund.
$128,500 has been appropriated to fund these election costs in the City Clerk’s FY 22-
23 budget. This budget amount was based on previous registered voter numbers.
However, this estimate anticipates a voter registration of 35,527 by November 2022, a
15% increase of actual registration numbers of 30,893 as of January 26, 2022. Please
note that these costs are projections and the final amount could be higher than originally
budgeted depending upon the number of voters registered at the time of the election,
and a budget amendment may be needed if actual costs come in higher than estimated.
At this time, staff will attempt to absorb election costs within the current FY 22-23
appropriations.
6.4
Packet Pg. 24
Any subsequent ballot measure(s) to be placed on the November 8th ballot will add to
these election expenses and would require Council adoption of a Resolution by August
12, 2022 to place the measure(s) on the ballot.
NEXT STEPS/PUBLIC OUTREACH
Following the Council’s adoption of this resolution calling the election for the purpose of
electing three (3) Council Members, the City Clerk’s Office will publish a notice of the
election in the newspaper, pursuant to Section 6061 of the Government Code.
As with previous practice, staff will also dedicate a webpage on the city website to the
2022 general municipal election and will use all of the City’s social media outlets to
promote voter registration, vote-by-mail election process, and to highlight the
nomination period throughout the community.
Attachments:
1. Draft Resolution - Calling for 2022 Election
6.4
Packet Pg. 25
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL
OFFICES, REQUESTING THE SANTA CLARA COUNTY BOARD OF
SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 8, 2022 PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403, AND REQUESTING
SERVICES OF THE REGISTRAR OF VOTERS
WHEREAS, § 1400 of the City Charter of the City of Gilroy provides that a general
municipal election shall be held on the regular election date established by the Elections Code of
the State of California for the statewide Election in each even-numbered year, commencing with
the year 2010, for the election of officers and for such other purpose as the City Council may
prescribe; and
WHEREAS, § 13307 of the California Election Code provides that the City may adopt
regulations pertaining to materials prepared by any candidate for a municipal election, including
costs of the candidate’s statement.
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date, and that within the City that the election
be held in all respects as if there were only one election, and that the Santa Clara County
Registrar of Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
Section 1. A General Municipal Election is hereby called in the City of Gilroy to be
held on Tuesday, November 8, 2022, for the purposes of election of three (3) Councilmembers,
at large, each for four (4) year full terms.
Section 2. Pursuant to § 13307 of the California Elections Code, each candidate for
elective office to be voted for in the City of Gilroy on November 8, 2022, may prepare a
candidate’s statement on an appropriate form provided by the City Clerk, as the City’s Election
Official, or her designee. The statement may include the name, age and occupation of the
candidate and a brief description of no more than 200 words of the candidate’s education and
qualifications expressed by the candidate himself or herself. The statement shall not include the
party affiliation of the candidate, nor membership or activity in partisan political organizations.
Any candidate’s statement submitted shall be limited to a recitation of the candidate’s own
personal background and qualifications, and shall not in any way make reference to other
candidates for that office or to another candidate’s qualifications, character, or activities.
Section 3. The candidate’s statement shall be filed in the office of the City Clerk
when the candidate’s nomination papers are returned for filing. Except as provided in California
Elections Code Section 13309, the statement may be withdrawn, but not changed, during the
period for filing nomination papers and until 5:00 p.m. of the next working day after the close of
the nomination period.
6.4.a
Packet Pg. 26 Attachment: Draft Resolution - Calling for 2022 Election (3669 : Resolution Calling General Election & Consolidation Services)
Resolution No. 2022-XX
Calling for Election
City Council Regular Meeting | May 16, 2022
Page 2 of 3
Section 4. The candidate shall be required to pay for one half of the cost of printing
handling, and mailing said candidate’s statement, one half of the estimated costs to be paid at the
time of submittal of said candidate statement.
Section 5. No candidate will be permitted to include additional materials in the
sample ballot package, and the City Clerk or his designee shall provide each candidate or their
representative with a copy of this Resolution at the time nomination papers are issued.
Section 6. Pursuant to Elections Code Sections 10551 and 15651 and Gilroy City
Charter Section 402, if any two or more persons receive an equal and the highest number of votes
for an office to be voted for within the city, Council shall proceed to determine the election of such
candidates by lot.
Section 7. That pursuant to § 10522 of the Elections Code of the State of California, a
current map showing the City boundaries has been submitted to the Registrar of Voters.
Section 8. The City Council hereby requests, consents to and orders that the general
municipal election be consolidated with the other district or statewide elections to be held on
Tuesday, November 8, 2022, and that upon consolidation the election shall be held and
conducted; election officers appointed; ballots and elections guides printed and mailed; election
supplies provided; polls opened and closed; ballots opened and returned; return results canvassed
and certified to the City Clerk, and all other proceedings in connection with the election to be
regulated and completed by the Registrar of Voters of Santa Clara County.
Section 9. Said election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
Section 10. Pursuant to California Elections Code § 10262 (b), the City Clerk, upon
receipt of the results of the consolidated election, shall certify the results to the City Council no
later than the next regularly scheduled meeting of the City Council following the presentation of
the returns, or at a special meeting called for this purpose, to declare the results and to install the
newly elected officers.
Section 11. Pursuant to California Elections Code § 10403, the Board of Supervisors
of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a
General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022,
for the purposes of the election of Officers, and the City Clerk shall file with the Board of
Supervisors and the Santa Clara County Registrar of Voters, certified copies of this resolution at
least eighty-eight (88) days prior to the herein referenced General Municipal Election.
Section 12. Pursuant to the provisions of Elections Code § 10002, The Santa Clara
County Registrar of Voters is authorized to canvass the returns of the General Municipal
Election. The City of Gilroy recognizes that additional costs will be incurred by the County by
reason of this consolidation and agrees to reimburse the County for any and all related costs of
6.4.a
Packet Pg. 27 Attachment: Draft Resolution - Calling for 2022 Election (3669 : Resolution Calling General Election & Consolidation Services)
Resolution No. 2022-XX
Calling for Election
City Council Regular Meeting | May 16, 2022
Page 3 of 3
consolidation.
Section 13. The City Council acknowledges that the consolidated election will be held
and conducted in accordance with the provisions of law regulating the Statewide General
Election in the manner prescribed in California Elections Code § 10418.
Section 14. The City shall reimburse the County for services performed when the
work is completed and upon presentation to the City of a properly approved bill.
Section 15. As required by California Elections Code § 12101 and 12102, the City
Clerk shall publish the notice of said election in the City no earlier than the 127th day before the
election, and no later than the 113th day before the election to fill offices.
Section 16. That the City Clerk is directed to forward without delay to the Board of
Supervisors and to the County Election Department, each a certified copy of this resolution.
Section 17. The City Clerk is directed to cause the notice of the election to be
published in accordance with the provisions of the California Elections Code. The notice of the
General Municipal Election provided for herein shall be published in a newspaper of general
circulation within the City of Gilroy.
PASSED AND ADOPTED on this 16th day of May 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
6.4.a
Packet Pg. 28 Attachment: Draft Resolution - Calling for 2022 Election (3669 : Resolution Calling General Election & Consolidation Services)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award Professional Service Contracts to the Council Approved On-
Call Consultants List for Planning Services, Environmental Reviews
and Historical Evaluations (21-RFQ-CDD-330)
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Jon Biggs
Prepared By: Monica Sendejas
Monica Sendejas
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
Award professional service contracts in the amount of $1,000,000 each to the Council
approved on-call consultants list for planning services, environmental reviews and
historical evaluations (21-RFQ-CDD-330) and authorize the City Administrator to
execute the contracts and associated documents.
BACKGROUND
6.5
Packet Pg. 29
In February 2021, Council approved an on-call consultant selection list for planning
services, environmental reviews, and historical evaluations (21-RFQ-CDD-330). These
consultants augment City staffing with project management and technical expertise in
environmental reviews and historical evaluations for compliance with state laws such as
the California Environmental Quality Act (CEQA). Having multiple firms gives the City
the opportunity to select the consultant that is best suited to a specific project, and to
provide the efficiency of having multiple consultants working on multiple projects
simultaneously, if needed. The prequalification process streamlined the consultant
selection process for procuring the best consultant for a project at a competitive price.
These consultants are used for private development projects and entitlement requests
for which the Planning Division is processing an application and for City-initiated
projects. The Council approved on-call consultant section list is valid for an initial period
from March 1, 2021 to June 30, 2024, with up to two one-year extensions.
The following are Council approved on-call consultants (in alphabetical order by
category):
Planning Services Environmental Reviews Historical Evaluations
4LEAF, Inc.
CSG Consultants, Inc.
EMC Planning Group, Inc.
Good City Company
M-Group
Michael Baker International, Inc.
CSG Consultants, Inc.
David J. Powers & Associates,
Inc.
DUDEK
EMC Planning Group, Inc.
FirstCarbon Solutions
Harris & Associates, Inc.
Kimley-Horn & Associates, Inc.
M-Group
Michael Baker International, Inc.
Rincon Consultants, Inc.
Stantec Consulting Services Inc.
SWCA Environmental
Consultants
Applied EarthWorks
Architectural Resources Group
DUDEK
Garavaglia Architecture, Inc.
M-Group
Page & Turnbull
Rincon Consultants, Inc.
ANALYSIS
The purpose of having an approved on-call list is to allow City staff the ability to match a
consultant with a project based on the scope and services needed in a timely manner.
However, having an approved on-call list of consultants has not streamlined and
expedited the process for a project due to the list of consultants not having contracts in
place with the City, thus a bid, 3 quotes, or an RFP must still be secured for each
project from this list of pre-qualified firms depending on the amount of the contract.
6.5
Packet Pg. 30
Each of these processes takes significant time and delays reviews. For example, if an
RFP is needed, the following steps need to be followed:
• an RFP must be prepared
• an RFP is posted for a period of time on the website and in publications
• there is a period of time to receive proposals
• proposals must be reviewed and evaluated with a committee of 3-5 people
• interviews are conducted if necessary
• a notice to award a contract is posted for a period of time on the website to allow
for protests
• a recommendation to award a contract is brought to Council for approval
The intent of the on-call list was to streamline the process since the consultants are pre-
qualified. However, without pre-executed contracts with the contractors on the approved
on-call list, the current system is inefficient. To increase customer service, we
recommend that the City Council authorize the City Administrator to execute contracts
with the existing approved on-call consultants who have already been vetted and
selected as the best qualified for the on-call list.
Contracts will be for $1,000,000 each for three years, with up to two one-year
extensions. Contracts may not be fully spent up to the $1,000,000, but this provides for
multiple projects if the need arises. Not every vendor may get utilized since it depends
on the projects’ needs and the best vendor fit. For example, we can go through the
entire contract period and only have need for two historical evaluations; with seven
vendors on the list, there would only be a need to select two consultants form the list to
work on these projects. The money for these contracts is paid by the developer and
goes into a separate account to pay the contractor. The City charges the developer for
the staff’s time to oversee the contract and review the consultant’s work (15% of the
consultant fee).
ALTERNATIVES
Council can deny staff’s recommendation and not authorize the City Administrator to
execute the contracts with the approved list of on-call consultants. Staff does not
recommend this alternative because it would limit staff’s ability to deliver projects in a
timely and efficient manner.
6.5
Packet Pg. 31
FISCAL IMPACT/FUNDING SOURCE
Approval of the recommended action does not impose an additional impact on the City’s
budget. The on-call planning, environmental, and historical services are fully funded up-
front by developers in accordance with City policy and the provisions of the
comprehensive fee schedule. The funds are deposited into the City’s Special Deposit’s
fund and related consultant expenses as incurred are charged against those deposits.
The 15% administration fee is a revenue to the General Fund and is collected at the
time the developer deposit is made.
6.5
Packet Pg. 32
City of Gilroy
STAFF REPORT
Agenda Item Title: Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program
Through May 31, 2023
Meeting Date: May 16, 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
Adopt a resolution of the City Council of the City of Gilroy extending the City of Gilroy
“Al Fresco” Outdoor Dining Program through May 31, 2023
EXECUTIVE SUMMARY
To continue supporting our business community and allow them to maximize
opportunities for economic recovery, it is recommended that the City’s “Al Fresco”
Outdoor Dining Program be extended until May 31, 2023, while staff works on a
permanent outdoor dining policy that includes parklet design specifications.
6.6
Packet Pg. 33
BACKGROUND
On May 3, 2021, the City Council extended measures allowing businesses to provide
outdoor dining services on private property and public property within the public right-of-
way. Several restaurants have taken advantage of this measure and set up temporary
outdoor dining spaces. The Community Development Department enacted the “Al
Fresco” program which simplified the permitting process and allows restaurants to begin
outdoor dining operations as soon as the permit request is submitted.
ANALYSIS
Use of City-owned public properties (e.g., parking lots) and right-of-way allow
restaurants to operate outdoor dining including under tents and canopies or within a
parklet. The primary objective of the temporary program is to allow restaurants to
establish outdoor dining as quickly as possible and to ensure the safety of patrons and
the public. The program has been well-received by both restaurant owners and the
public and there is interest in creating a permanent program for outdoor dining.
This program temporarily supersedes Gilroy City Code Section 30.47.50 (e) which
allows temporary outdoor uses for a maximum of 30-days and City Code Section 30.44
which regulates street furniture objects. Conditions of approval regarding public safety
(e.g., barricades) are placed on all temporary outdoor uses enrolled in the program.
These measures were intended to be temporary and as such, did not require a level of
standards that would normally be expected for permanent facilities, particularly as it
relates to aesthetics. Extending the temporary measures through May 31, 2023 will
allow staff time to develop a permanent program and give restaurants adequate time to
transition from the temporary to the permanent program. Staff will return to the Planning
Commission and City Council with recommendations for a permanent program prior to
May 31, 2023.
ALTERNATIVES
The City Council may choose not to extend the Program.
FISCAL IMPACT/FUNDING SOURCE
These measures have no cost associated with them other than minimal staff time
associated with reviewing permits or requests. There may be some potential loss of
revenue for businesses that would have otherwise obtained a permit for permanent
placement of outdoor dining.
CONCLUSION
Extending measures related to outdoor dining allows continued temporary use, while
also planning for a transition to a permanent program including additional standards that
will enhance the downtown and other areas with outdoor dining.
NEXT STEPS
6.6
Packet Pg. 34
If approved, the City will continue the Program through May 31, 2023. Staff will be
returning to Council with recommendations for a permanent outdoor dining program
prior to that time.
Attachments:
1. Draft Resolution
6.6
Packet Pg. 35
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
EXTENDING THE “AL FRESCO” OUTDOOR DINING PROGRAM
THROUGH MAY 31, 2023.
WHEREAS, on January 30, 2020, the World Health Organization declared the COVID-19
outbreak a Public Health Emergency of International Concern, and on January 31, 2020, the United
States Secretary of Health and Human Services declared a Public Health Emergency; and
WHEREAS, on March 13, 2020, the Director of Emergency Services issued a proclamation
declaring the existence of a local emergency within the City relating to COVID-19, pursuant to the
Emergency Services Act (Government Code Section 8550, et seq.), and on March 16, 2020, the City
Council adopted a resolution ratifying the declaration of local emergency; and
WHEREAS, the Centers for Disease Control and Prevention recommends social distancing
measures to slow the spread of COVID-19, including by maintaining a physical distance of at least
six (6) feet from other people; and
WHEREAS, on March 16, 2020, the Santa Clara County Health Officer issued a shelter-in-
place order to address COVID-19, directing all residents of the County to shelter in their places of
residence except to engage in essential activities as allowed under the order; and
WHEREAS, on March 19, 2020, the Governor issued a statewide shelter-in- place order; and
WHEREAS, subsequent orders have been issued by both the Santa Clara County Health
Officer and Governor over the past year; and
WHEREAS, State and County restrictions affecting business operations have been modified
multiple times over the past year and are still in effect; and
WHEREAS, Gilroy’s local economy has suffered significantly since the initial order; and
WHEREAS, Government Code Section 8634 states that during a local emergency, a local agency
governing body “may promulgate orders and regulations necessary to provide for the protection of
life and property,” and that “[s]uch orders and regulations and amendments and rescissions thereof
shall be in writing and shall be given widespread publicity and notice”; and
WHEREAS, on June 1, 2020, the City Council approved recommendations for temporarily
modifying certain City Code requirements to support business and development activity and to aid in
the economic recovery of the City arising from the COVID-19 pandemic; and
WHEREAS, on May 3, 2021, the City Council extended the temporary modification of
certain City Code sections to continue the support of business and development activity to aid in the
economic recovery of the City arising from the COVID-19 pandemic; and
6.6.a
Packet Pg. 36 Attachment: Draft Resolution (3780 : Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program)
Resolution No. 2022-XX
“Al Fresco” Outdoor Dining Extension
City Council Regular Meeting | May 16, 2022
Page 2 of 3
WHEREAS, regulatory flexibility to stimulate the local economy and to facilitate local
businesses to remain viable is necessary because (i) a vibrant economy is a necessary component of
community health, and is necessary to avoid significant urban decay and decreased property values;
and (ii) social distancing protocols are necessary to slow the spread of COVID-19 during the current
pandemic; and
WHEREAS, Vehicle Code Section 22507 authorizes cities to adopt local rules for parking on
public streets; and
WHEREAS, Vehicle Code Section 21101(e) authorizes the governing body of a local agency
to close portions of public streets temporarily by ordinance or resolution as necessary for the safety
and protection of persons who are to use such portions of streets during the temporary closing; and
WHEREAS, the City of Gilroy, as a municipal corporation and charter city, has inherent
authority to govern and control the use and enjoyment of its own property; and
WHEREAS, Article XI, Section 7 of the California Constitution states that: “A county or city
may make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws.
NOW, THEREFORE, be it resolved that:
The City Council hereby finds that each of the foregoing recitals is true and correct.
As used herein, “County and State Orders” means any shelter-in-place order or other public
health order issued under the authority of and officer of the County or State that is applicable within
the City of Gilroy, and that restricts public gatherings and business activities for the purpose of
slowing the spread of COVID-19.
Until May 31, 2023, the City shall make certain City owned public properties, including
sidewalks, plazas, public parking lots, and other rights-of-way, available for outdoor dining during
the pendency of the County and State orders.
Until May 31, 2023, private parking lots, sidewalks, walkways, and plaza areas, or similar
outdoor spaces, may be used for outdoor dining during the pendency of the County and State Orders.
Until May 31, 2023, portions of public streets may be used for outdoor dining during the
pendency of the County and State Orders; provided, however, that no portion of any street shall be
closed entirely to through traffic except as authorized by subsequent resolution of the City Council
pursuant to Vehicle Code Section 21101(e). The City Council hereby directs staff to place
consideration of any such resolution on the consent calendar.
6.6.a
Packet Pg. 37 Attachment: Draft Resolution (3780 : Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program)
Resolution No. 2022-XX
“Al Fresco” Outdoor Dining Extension
City Council Regular Meeting | May 16, 2022
Page 3 of 3
To the extent necessary or convenient to implement any provision of this resolution, the City
Engineer or designee is hereby authorized to modify the rules for use of any parking space located
within a public street, which modified rules shall become effective upon the posting of appropriate
signage advising the public thereof.
This Resolution shall be construed liberally to effectuate its purposes. If any provision of this
Resolution is found by a court of competent jurisdiction to be invalid or unenforceable, that
provision shall be severed and deleted, and the remaining portions of this Resolution shall remain in
full force and effect. Nothing in this Resolution shall be construed to authorize a violation of the
County and State Orders.
City staff shall publicize this Resolution by posting it on the City’s website and at City Hall,
and by providing copies hereof to local media outlets.
PASSED AND ADOPTED this 16th day of May 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
6.6.a
Packet Pg. 38 Attachment: Draft Resolution (3780 : Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program)
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Rescinding
Resolution No. 2012-46 and Adopting the Updated Complete
Streets Policy
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Gary Heap
Gary Heap
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 the resolution to approve modifications to the Complete Streets Policy changing
the oversight responsibility from the Bicycle Pedestrian Commission to the Planning
Commission.
BACKGROUND
On January 10, 2022, the City Council took action to consolidate the City’s boards and
commissions. One of the commissions consolidated was the Bicycle and Pedestrian
6.7
Packet Pg. 39
Commission (BPC). The duties of the BPC were transferred to two of the City’s existing
commissions. The bicycle and pedestrian infrastructure planning and development
review duties were reassigned to the Planning Commission, and the education and
encouragement duties were reassigned to the Parks and Recreation Commission.
The City’s Complete Streets Policy, adopted in 2012, required that any City project
consider complete streets components including features assisting in the provision of
safe travel for all users. According to the policy, these projects required review by the
Bicycle and Pedestrian Commission for consistency with the Complete Streets Policy.
With the consolidation of commissions, and the responsibility for bicycle and pedestrian
infrastructure planning and development review shifting the Planning Commission, there
is a need to revise the City’s Complete Streets Policy (see attachment).
ALTERNATIVES
The City Council can decide not to update the Complete Streets Policy. Staff does not
recommend this alternative.
FISCAL IMPACT/FUNDING SOURCE
There are no fiscal impacts related to this action.
Attachments:
1. Draft Resolution with Updated Complete Streets Policy
6.7
Packet Pg. 40
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY RESCINDING RESOLUTION NO. 2012-46 AND
ADOPTING THE UPDATED COMPLETE STREETS
POLICY
WHEREAS, the term "Complete Streets" describes a comprehensive, integrated
transportation network with infrastructure and design that allows safe and convenient travel
along and across streets for all users, including pedestrians, bicyclists, persons with
disabilities, motorists, movers of commercial goods, users and operators of public
transportation, seniors, children, youth, and families; and
WHEREAS, City of Gilroy acknowledges the benefits and value for the public health
and welfare of reducing vehicle miles traveled and increasing transportation by walking,
bicycling, and public transportation; and
WHEREAS, City of Gilroy recognizes that the planning and coordinated
development of Complete Streets infrastructure provides benefits for local governments in
the areas of infrastructure cost savings; public health; and environmental sustainability; and
WHEREAS, the State of California has emphasized the importance of Complete
Streets by enacting the California Complete Streets Act of 2008 (also known as AB 1358),
which requires that when cities or counties revise general plans, they identify how they will
provide for the mobility needs of all users of the roadways, as well as through Deputy
Directive 64, in which the California Department of Transportation explained that it "views
all transportation improvements as opportunities to improve safety, access, and mobility for
all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral
elements of the transportation system"; and
WHEREAS, the California Global Warming Solutions Act of 2006 (known as AB 32)
sets a mandate for the reduction of greenhouse gas emissions in California, and the
Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires
emissions reductions through coordinated regional planning that integrates transportation,
housing, and land-use policy, and achieving the goals of these laws will require significant
increases in travel by public transit, bicycling, and walking; and
WHEREAS, numerous California counties, cities, and agencies have adopted
Complete Streets policies and legislation in order to further the health, safety, welfare,
economic vitality, and environmental well-being of their communities; and
WHEREAS, City of Gilroy therefore, in light of the foregoing benefits and
considerations, wishes to improve its commitment to Complete Streets and desires that its
streets form a comprehensive and integrated transportation network promoting safe,
equitable, and convenient travel for all users while preserving flexibility, recognizing
community context, and using the latest and best design guidelines and standards; and
6.7.a
Packet Pg. 41 Attachment: Draft Resolution with Updated Complete Streets Policy (3803 : Complete Streets Policy Update)
Resolution No. 2022-XX
Updated Complete Street Policy
City Council Regular Meeting | May 16, 2022
Page 2 of 4
WHEREAS, the City Council of the City of Gilroy previously adopted Resolution
No. 2012-46 adopting the Complete Streets Policy, which referenced the Bicycle Pedestrian
Commission for review of projects; and
WHEREAS, the Complete Streets Policy needs to be updated to reference the
Planning Commissions in-lieu of the Bicycle Pedestrian Commission as the project review
duties of the Bicycle Pedestrian Commission now rest with the Planning Commission.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of
Gilroy as follows:
1. That the City of Gilroy adopts the updated Complete Streets Policy attached hereto
as Exhibit A, and made part of this Resolution, and that said exhibit is hereby
approved and adopted.
2. That the next substantial revision of the City of Gilroy General Plan circulation shall
incorporate Complete Streets policies and principles consistent with the California
Complete Streets Act of 2008 (AB 1358) and with the Complete Streets Policy
adopted by this resolution.
PASSED AND ADOPTED this 16th day of May 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
6.7.a
Packet Pg. 42 Attachment: Draft Resolution with Updated Complete Streets Policy (3803 : Complete Streets Policy Update)
Exhibit A
This Updated Complete Streets Policy was adopted by the City Council of the City of Gilroy on
May 16, 2022 by Resolution No. 2022-XX.
COMPLETE STREETS POLICY OF THE CITY OF GILROY
A. Complete Streets Principles
1. Complete Streets Serving All Users. City of Gilroy expresses its commitment to creating
and maintaining Complete Streets that provide safe, comfortable, and convenient travel
along and across streets (including streets, roads, highways, bridges, and other portions of
the transportation system) through a comprehensive, integrated transportation network that
serves all categories of users, including pedestrians, bicyclists, persons with disabilities,
motorists, movers of commercial goods, users and operators of public transportation,
seniors, children, youth, and families.
2. Context Sensitivity. In planning and implementing street projects, departments and
agencies of City of Gilroy shall maintain sensitivity to local conditions in both residential
and business districts as well as urban, suburban, and rural areas, and shall work with
residents, merchants, and other stakeholders to ensure that a strong sense of place ensues.
Improvements that will be considered include sidewalks, shared use paths, bicycle lanes,
bicycle routes, paved shoulders, street trees and landscaping, planting strips, accessible
curb ramps, crosswalks, refuge islands, pedestrian signals, signs, street furniture, bicycle
parking facilities, public transportation stops and facilities, transit priority signalization,
and other features assisting in the provision of safe travel for all users, such as traffic
calming circles, transit bulb outs, and road diets.
3. Complete Streets Routinely Addressed by All Departments. All relevant departments
and agencies of City of Gilroy shall work towards making Complete Streets practices a
routine part of everyday operations, approach every relevant project, program, and practice
as an opportunity to improve streets and the transportation network for all categories of
users, and work in coordination with other departments, agencies, and jurisdictions to
maximize opportunities for Complete Streets, connectivity, and cooperation. The
following projects provide opportunities: pavement resurfacing, restriping, accessing
above and underground utilities, signalization operations or modifications, maintenance of
landscaping/related features, and new development of private and public streets.
4. All Projects and Phases. Complete Streets infrastructure sufficient to enable reasonably
safe travel along and across the right of way for each category of users shall be incorporated
into all planning, funding, design, approval, and implementation processes for any
construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of
streets (including streets, roads, highways, bridges, and other portions of the transportation
system), except that specific infrastructure for a given category of users may be excluded
if an exemption is approved via the process set forth in section C. 1of this policy.
6.7.a
Packet Pg. 43 Attachment: Draft Resolution with Updated Complete Streets Policy (3803 : Complete Streets Policy Update)
Resolution No. 2022-XX
Updated Complete Street Policy
City Council Regular Meeting | May 16, 2022
Page 4 of 4
B. Implementation
1. Plan Consultation and Consistency. Maintenance, planning, design of transportation
projects and new development projects affecting the transportation system shall be
consistent with local bicycle, pedestrian, transit, multimodal, and other relevant plans,
except that where such consistency cannot be achieved without negative consequences,
consistency shall not be required if the head of the relevant department provides written
approval explaining the basis of such deviation. Such deviations shall be presented to the
Gilroy Planning Commission early in the planning and design stage, to ensure the Gilroy
Planning Commission has an opportunity to provide comments and recommendations.
2. Street Network/Connectivity. As feasible, City of Gilroy shall incorporate Complete
Streets infrastructure into existing streets to improve the safety and convenience of users
and to create employment, with the particular goal of creating a connected network of
facilities accommodating each category of users, and increasing connectivity across
jurisdictional boundaries and for existing and anticipated future areas of travel origination
or destination.
3. Planning Commission Consultation. Transportation projects and new development
projects with private and public streets shall be reviewed by the Planning Commission
early in the planning and design stage, to provide the Planning Commission an
opportunity to provide comments and recommendations regarding Complete Streets
features to be incorporated into the project.
4. Evaluation. All relevant agencies or departments shall perform evaluations of how well
the streets and transportation network of City of Gilroy are serving each category of users
by collecting baseline data and collecting follow-up data on a regular basis.
C. Exemptions
1. Leadership Approval for Exemptions. Projects that seek Complete Streets exemptions
must provide written finding of why accommodations for all modes that were not included
in the project and signed off by the Public Works Director or equivalent high-level staff
person. Projects that are granted exceptions must be made publicly available for review.
Federal guidance on exceptions can be found from the Federal Highway Administration
(FHWA) Accommodating Bicycle and Pedestrian Travel:
https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design.cfm
6.7.a
Packet Pg. 44 Attachment: Draft Resolution with Updated Complete Streets Policy (3803 : Complete Streets Policy Update)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Maria Galeana (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim.)
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
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
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the May 16,
2022 meeting:
6.8
Packet Pg. 45
• Claim of Maria Galeana
Attachments:
1. Claim of Maria Galeana
6.8
Packet Pg. 46
6.8.a
Packet Pg. 47 Attachment: Claim of Maria Galeana (3776 : Claim of Maria Galeana)
6.8.a
Packet Pg. 48 Attachment: Claim of Maria Galeana (3776 : Claim of Maria Galeana)
City of Gilroy
STAFF REPORT
Agenda Item Title: Second Reading and Adoption of An Ordinance of the City Council
of the City of Gilroy Military Use Policy 708 Pursuant to Assembly
Bill 481
Meeting Date: May 16, 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
Staff recommends to adopt the second reading of an Ordinance of the City Council of
the City of Gilroy Military Use Policy 708.
BACKGROUND
At the May 2, 2022 City Council Regular Meeting, Council held the first reading and
introduction of the attached proposed ordinance regarding the City’s Military Equipment
Use Policy pursuant to Assembly Bill 481. This item, if approved by the City Council, will
finalize the adoption of the ordinance, making it effective 30 days after adoption
pursuant to the City Charter.
6.9
Packet Pg. 49
ANALYSIS
Full analysis and its impacts are contained in the staff reports presented to Council on
May 2, 2022, and April 4, 2022.
CONCLUSION
Staff recommends that Council adopt the second reading of the ordinance.
Attachments:
1. Attachment 1 Policy 708 Version 2
2. Attachment 1a Inventory Version 2
3. Draft Ordinance
4. Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481
5. 2022-05-02 Staff Report
6.9
Packet Pg. 50
ATTACHMENT 1.
GPD POLICY 708 MILITARY EQUIPMENT USE
6.9.a
Packet Pg. 51 Attachment: Attachment 1 Policy 708 Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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
6.9.a
Packet Pg. 52 Attachment: Attachment 1 Policy 708 Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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.
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)-(6) 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
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):
6.9.a
Packet Pg. 53 Attachment: Attachment 1 Policy 708 Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
(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.
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.
6.9.a
Packet Pg. 54 Attachment: Attachment 1 Policy 708 Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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.
6.9.a
Packet Pg. 55 Attachment: Attachment 1 Policy 708 Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
ATTACHMENT 1. a.
Policy 708.4 MILITARY EQUIPMENT INVENTORY.pdf
6.9.b
Packet Pg. 56 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
1. 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: No Cost (100% funded purchase by the
Gilroy Police Foundation for $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 Lifespan
The DJI Matrice 210 was purchased in July 2020.
The DJI Mavic Enterprises Dual was purchased in July 2020.
The DJI Mavic Mini 2s were purchased in July 2021.
All UASs have a projected operational life of 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
6.9.b
Packet Pg. 57 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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
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 2 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 Lifespan
The Avatar Tactical Robot was purchased in 2013.
The Transcend Vintage Patrol Robot was purchased in May 2018.
The Recon Robotics Throwbot 2 Robot was purchased in 2013.
All robots have a projected operational life of 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,
6.9.b
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based on the specific circumstances of a given critical incident. Armored vehicles shall be
used only by officers trained in their deployment and in a manner consistent with Department
policy and training.
d. Lifespan
The Lenco Bearcat was purchased in March 2010 and has a projected operational life of 25
years.
e. Fiscal Impact
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 was purchased in 2019 and has a projected operational life of 20 years on the
chassis and vehicle structure. Upgrades are needed in 7 years to maintain the 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.
6.9.b
Packet Pg. 59 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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
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 was originally manufactured in 1991 for the State of California and later
transferred to GPD in 2013. The HNT van has a projected operational life of 20 years on the
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
6.9.b
Packet Pg. 60 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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.
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
Six (6) of the Defense Technology #1425 launchers were purchased in January 2019 and the
seventh (7th) was purchased in March 2021. The #1425 launchers have a projected operational
life of 25 years.
The Defense Technology #1440 launcher was purchased in June 2021 and has a projected
operational life of 15 years.
The Defense Technology #6325 projectiles were purchased in March 2021 and have an
operational life of 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
6.9.b
Packet Pg. 61 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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.
d. Lifespan
The Mossberg 590 Less Lethal Shotguns were purchased over 15 years ago and prior to our
current records management system being implemented. They have a projected operational life
of 25 years.
The Super Sock Rounds were purchased in May 2021 and have 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 TACTICAL 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.
6.9.b
Packet Pg. 62 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
d. Lifespan
The Combined Tactical Systems LC5 40MM Launching Cups were purchased in June 2021 and
have a projected operational life of 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: 2. A
non-bursting, non-fragmenting device produces a loud bang with an intense flash of
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:
32. 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 as 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
The Combined Tactical Systems 7290 were purchased over 15 years ago and prior to our
current records management system being implemented and have no listed expiration date.
The Combined Tactical Systems 7290M were purchased in March 2022 and have no listed
expiration date.
e. Fiscal Impact
No annual maintenance costs.
f. Training
6.9.b
Packet Pg. 63 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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
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
The Colt M4 Commandos were purchased in 2017 and have a projected operational life of 10
years.
The Colt M4 Carbines were purchased in 2017 and have a projected operational life of 10
years.
The Remington 700s were purchased in 2018 and have a projected operational life of 10
years.
6.9.b
Packet Pg. 64 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
The Colt M16A1s were transferred to GPD in 1998 and were replaced by the Colt M4s in
2017.
The Springfield M14 was transferred to GPD in 2000 and will not be replaced.
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.
ii. COMBINED TACTICAL 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 TACTICAL SYSTEMS, RIOT CS SMOKE GRENADE, #8230, 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
6.9.b
Packet Pg. 65 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
to fire-producing capability, the grenade is not designed to be deployed on rooftops,
in crawl spaces, or indoors.
vii. COMBINED TACTICAL 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
All of our chemical agents and smoke canisters were purchased in June 2016 and have an
operational life of 5 years from the date of manufacture.
In April 2022, a replacement order for COMBINED TACTICAL SYSTEMS 8230 and 5230B was
placed for 20 of each variant.
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
6.9.b
Packet Pg. 66 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
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
The PepperBall FTC Launchers were purchased in June 2019 and have a projected operational
life of 20 years.
The PepperBall Live and Inert Projectiles were purchased in June 2021 and have an operational
life of 3 years from the date of manufacture.
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.
6.9.b
Packet Pg. 67 Attachment: Attachment 1a Inventory Version 2 (3783 : 2nd Reading - Military Equipment Ordinance)
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING A MILITARY EQUIPMENT USE
POLICY PURSUANT TO ASSEMBLY BILL 481
WHEREAS, On September 30, 2021 Governor Gavin Newsom signed into law Assembly
Bill 481, relating to the use of military equipment by law enforcement agencies, and
WHEREAS, Assembly Bill 481, codified California Government Code sections 7070
through 7075, requires 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
pursuant to open meeting laws, before taking specific actions relating to the funding, acquisition,
or use of military equipment. “Military equipment” is defined in California Government Code
section 7070; and
WHEREAS, Assembly Bill 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; and
WHEREAS, the proposed military equipment use policy is found within Gilroy Police
Department Policy 708; and
WHEREAS, Gilroy Police Department Policy 708 was published on the Gilroy Police
Department’s internet website on March 25, 2022. The Gilroy Police Department Policy 708 was
presented to City Council on April 4; 2022; and
WHEREAS, the Police Department Policy 708 meets the requirements of California
Government Code section 7070, subdivision (d).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN based on the findings above, in addition to the information provided to the
City Council at the public meeting, determines as follows:
1. The military equipment identified in Gilroy Police Department Policy 708 is
necessary because there are no reasonable alternatives to achieve the same
objectives of officer and civilian safety.
2. Gilroy Police Department Policy 708 will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
3. The military equipment identified in Gilroy Police Department Policy 708 is
reasonably cost-effective compared to available alternatives that can achieve
the same objective of officer and civilian safety.
4. Gilroy Police Department Policy 708 is approved and adopted.
6.9.c
Packet Pg. 68 Attachment: Draft Ordinance (3783 : 2nd Reading - Military Equipment Ordinance)
Ordinance No. 2022-XX
Military Equipment Use Policy
City Council Regular Meeting | May 2, 2022 & May 16, 2022
Page 2 of 2
This Ordinance was introduced and first read by the City Council of the City of Gilroy at
a regular meeting on the 2nd day of May 2022, and PASSED AND ADOPTED this 16th day of
May 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
6.9.c
Packet Pg. 69 Attachment: Draft Ordinance (3783 : 2nd Reading - Military Equipment Ordinance)
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,
6.9.d
Packet Pg. 70 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3783 : 2nd Reading - Military Equipment Ordinance)
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
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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
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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.
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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.
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Attachments:
1. Attachment 1 - GPD Draft Policy 708 Military Equipment Use
2. Attachment 1.a. - Policy 708.4 Military Equipment Inventory
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Military Use Policy 708 Pursuant to Assembly Bill 481
Meeting Date: May 2, 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
1) Motion to read the ordinance by title only and waive further reading; and
2) Introduce an ordinance of the City Council of the City of Gilroy Military Use Policy 708
EXECUTIVE SUMMARY
The consideration of an ordinance of the City of Gilroy introducing a Military Equipment
Use Policy pursuant to Assembly Bill 481. On April 4, 2022 Council reviewed and
provided feedback concerning the Military Equipment Use Policy pursuant to Assembly
Bill 481.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to
the use of “military equipment” by law enforcement agencies. AB 481 codified California
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Government Code sections 7070 through 7075, requiring law enforcement agencies to
obtain approval of the applicable governing body; by ordinance adopting a “military
equipment” use policy at a regular meeting held according to open meeting laws.
ANALYSIS
Gilroy Police Department (GPD) is committed to using best practices and contemporary
law enforcement equipment to enhance our ability to provide public safety to our
community. 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. Proposed Policy 708 safeguards the public’s welfare, safety, civil rights,
and civil liberties. It further ensures safeguards, including transparency, oversight, and
accountability measures. Policy 708 requires that GPD’s Military Equipment Coordinator
will ensure that GPD complies with Policy 708. GPD will conduct an annual audit of
military equipment and any violations will be corrected when discovered.
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. Completed.
2. Draft an ordinance adopting the “Military Equipment Use” Policy. Completed.
3. Post a preliminary draft of the City’s “Military Equipment” use policy on the GPD
webpage 30 days prior to a public hearing. Completed.
4. Host a public, community engagement meeting within 30 days of submitting and
publicizing the military equipment report. Completed.
5. Adoption of an ordinance establishing a Military Equipment Use Policy, at least
30 days after the posting of the policy. In process.
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. First report will be provided in May 2023.
Staff provided Council with the proposed Military Equipment Use Policy 708 on April 4,
2022 where Council provided feedback which has been incorporated to the use policy.
Staff is asking Council to conduct a first reading of the ordinance for adoption
consideration on May 16, 2022.
Attachments:
1. Attachment 1 Policy 708 Version 2
2. Attachment 1a Inventory Version 2
3. Attachment 2 Ordinance Version 2
4. Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481
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ATTACHMENT 1.
GPD POLICY 708 MILITARY EQUIPMENT USE
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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
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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.
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)-(6) 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
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):
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(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.
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.
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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.
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ATTACHMENT 1. a.
Policy 708.4 MILITARY EQUIPMENT INVENTORY.pdf
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1. 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: No Cost (100% funded purchase by the
Gilroy Police Foundation for $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 Lifespan
The DJI Matrice 210 was purchased in July 2020.
The DJI Mavic Enterprises Dual was purchased in July 2020.
The DJI Mavic Mini 2s were purchased in July 2021.
All UASs have a projected operational life of 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
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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
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 2 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 Lifespan
The Avatar Tactical Robot was purchased in 2013.
The Transcend Vintage Patrol Robot was purchased in May 2018.
The Recon Robotics Throwbot 2 Robot was purchased in 2013.
All robots have a projected operational life of 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,
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based on the specific circumstances of a given critical incident. Armored vehicles shall be
used only by officers trained in their deployment and in a manner consistent with Department
policy and training.
d. Lifespan
The Lenco Bearcat was purchased in March 2010 and has a projected operational life of 25
years.
e. Fiscal Impact
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 was purchased in 2019 and has a projected operational life of 20 years on the
chassis and vehicle structure. Upgrades are needed in 7 years to maintain the 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.
10.1.b
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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
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 was originally manufactured in 1991 for the State of California and later
transferred to GPD in 2013. The HNT van has a projected operational life of 20 years on the
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
10.1.b
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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.
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
Six (6) of the Defense Technology #1425 launchers were purchased in January 2019 and the
seventh (7th) was purchased in March 2021. The #1425 launchers have a projected operational
life of 25 years.
The Defense Technology #1440 launcher was purchased in June 2021 and has a projected
operational life of 15 years.
The Defense Technology #6325 projectiles were purchased in March 2021 and have an
operational life of 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
10.1.b
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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.
d. Lifespan
The Mossberg 590 Less Lethal Shotguns were purchased over 15 years ago and prior to our
current records management system being implemented. They have a projected operational life
of 25 years.
The Super Sock Rounds were purchased in May 2021 and have 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 TACTICAL 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.
10.1.b
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d. Lifespan
The Combined Tactical Systems LC5 40MM Launching Cups were purchased in June 2021 and
have a projected operational life of 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: 2. A
non-bursting, non-fragmenting device produces a loud bang with an intense flash of
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:
32. 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 as 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
The Combined Tactical Systems 7290 were purchased over 15 years ago and prior to our
current records management system being implemented and have no listed expiration date.
The Combined Tactical Systems 7290M were purchased in March 2022 and have no listed
expiration date.
e. Fiscal Impact
No annual maintenance costs.
f. Training
10.1.b
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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
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
The Colt M4 Commandos were purchased in 2017 and have a projected operational life of 10
years.
The Colt M4 Carbines were purchased in 2017 and have a projected operational life of 10
years.
The Remington 700s were purchased in 2018 and have a projected operational life of 10
years.
10.1.b
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The Colt M16A1s were transferred to GPD in 1998 and were replaced by the Colt M4s in
2017.
The Springfield M14 was transferred to GPD in 2000 and will not be replaced.
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.
ii. COMBINED TACTICAL 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 TACTICAL SYSTEMS, RIOT CS SMOKE GRENADE, #8230, 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
10.1.b
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to fire-producing capability, the grenade is not designed to be deployed on rooftops,
in crawl spaces, or indoors.
vii. COMBINED TACTICAL 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
All of our chemical agents and smoke canisters were purchased in June 2016 and have an
operational life of 5 years from the date of manufacture.
In April 2022, a replacement order for COMBINED TACTICAL SYSTEMS 8230 and 5230B was
placed for 20 of each variant.
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
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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
The PepperBall FTC Launchers were purchased in June 2019 and have a projected operational
life of 20 years.
The PepperBall Live and Inert Projectiles were purchased in June 2021 and have an operational
life of 3 years from the date of manufacture.
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.
10.1.b
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ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING A MILITARY EQUIPMENT USE
POLICY PURSUANT TO ASSEMBLY BILL 481
WHEREAS, On September 30, 2021 Governor Gavin Newsom signed into law Assembly
Bill 481, relating to the use of military equipment by law enforcement agencies, and
WHEREAS, Assembly Bill 481, codified California Government Code sections 7070
through 7075, requires 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
pursuant to open meeting laws, before taking specific actions relating to the funding, acquisition,
or use of military equipment. “Military equipment” is defined in California Government Code
section 7070; and
WHEREAS, Assembly Bill 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; and
WHEREAS, the proposed military equipment use policy is found within Gilroy Police
Department Policy 708; and
WHEREAS, Gilroy Police Department Policy 708 was published on the Gilroy Police
Department’s internet website on March 25, 2022. The Gilroy Police Department Policy 708 was
presented to City Council on April 4; 2022; and
WHEREAS, the Police Department Policy 708 meets the requirements of California
Government Code section 7070, subdivision (d).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN based on the findings above, in addition to the information provided to the
City Council at the public meeting, determines as follows:
1. The military equipment identified in Gilroy Police Department Policy 708 is
necessary because there are no reasonable alternatives to achieve the same
objectives of officer and civilian safety.
2. Gilroy Police Department Policy 708 will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
3. The military equipment identified in Gilroy Police Department Policy 708 is
reasonably cost-effective compared to available alternatives that can achieve
the same objective of officer and civilian safety.
4. Gilroy Police Department Policy 708 is approved and adopted.
10.1.c
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Ordinance No. 2022-XX
Military Equipment Use Policy
City Council Regular Meeting | May 2, 2022 & May 16, 2022
Page 2 of 2
This Ordinance was introduced and first read by the City Council of the City of Gilroy at
a regular meeting on the 2nd day of May 2022, and PASSED AND ADOPTED this 16th day of
May 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
10.1.c
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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,
10.1.d
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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
10.1.d
Packet Pg. 135 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : Military Equipment Ordinance)6.9.e
Packet Pg. 98 Attachment: 2022-05-02 Staff Report (3783 : 2nd Reading - Military Equipment Ordinance)
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
10.1.d
Packet Pg. 136 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : Military Equipment Ordinance)6.9.e
Packet Pg. 99 Attachment: 2022-05-02 Staff Report (3783 : 2nd Reading - Military Equipment Ordinance)
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.
10.1.d
Packet Pg. 137 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : Military Equipment Ordinance)6.9.e
Packet Pg. 100 Attachment: 2022-05-02 Staff Report (3783 : 2nd Reading - Military Equipment Ordinance)
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.
10.1.d
Packet Pg. 138 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : Military Equipment Ordinance)6.9.e
Packet Pg. 101 Attachment: 2022-05-02 Staff Report (3783 : 2nd Reading - Military Equipment Ordinance)
Attachments:
1. Attachment 1 - GPD Draft Policy 708 Military Equipment Use
2. Attachment 1.a. - Policy 708.4 Military Equipment Inventory
10.1.d
Packet Pg. 139 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : Military Equipment Ordinance)6.9.e
Packet Pg. 102 Attachment: 2022-05-02 Staff Report (3783 : 2nd Reading - Military Equipment Ordinance)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Community Development Block Grant and
Permanent Local Housing Allocation Public Service Grant
Allocations and Community Development Block Grant Annual
Action Plan for Fiscal Year 2022-2023 (Continued from May 2,
2022 City Council Regular Meeting)
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Crystal Zamora
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) Conduct a public hearing and solicit comments on the draft 2022-2023 Annual
Action Plan.
b) Approve Option D for the Community Development Block Grant (CDBG) and
Permanent Local Housing Allocation (PLHA) public service grant allocations for
Fiscal Year 2022-2023.
c) Council adopt the draft 2022-2023 Annual Action Plan, incorporating any changes
that Council may wish to make.
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BACKGROUND
At the May 2, 2022 City Council regular meeting, the public hearing item was continued
to the following regular City Council meeting on May 16, 2022. This report will give
further clarification on PLHA categories, reserves, and address the questions
concerning monitoring and evaluation of awarded service programs.
The complete staff report from the May 2nd public hearing agenda item is attached. This
report serves as a supplement to that report, including the adjustments to the grant
award option tables and provide additional details as requested by Council. Public
comment will continue until the public hearing is closed on May 16, 2022, and any
received public comments collected by May 16, 2022 at 5:00PM will be shared with the
Council.
ANALYSIS
At the initial meeting, the City Council had several inquiries. Below is the additional
information, addressing each inquiry.
Funding Categories
The three funding categories under PLHA include homeless prevention, basic needs
and the down payment assistance program. Below is a description of each.
1) Homeless Prevention
This category is aimed at assisting persons who are currently housed but at-risk of
experiencing homelessness. Services provided may include rapid rehousing, rental
assistance, and supportive/case management services that allow people to obtain and
retain housing. An example program under this category would be St. Joseph’s
Homeless Prevention Services which provides financial assistance, benefit screenings,
housing search, linkages to community resources and other supportive services.
The Homeless prevention category would be an option for the full five-years of the
PLHA plan.
2) Basic Needs
This category is aimed at aiding persons who are currently experiencing homelessness,
or some basic needs services for those at-risk of homelessness when they cannot
afford both housing and basic necessities. The definition is intentionally left broad to
allow more flexibility in determining the specific needs to be met but can include projects
pertaining to food, supplies, hygiene items, referrals to services, and resource
navigation. An example under this category is The Health Trust’s Meals on Wheels
program which provides hot meals to seniors in the community who are financially
challenged in meeting both housing and sustenance needs. The basic needs category
has designated funding for the first two years of the five-year PLHA plan.
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3) Down Payment Assistance
This category is aimed at helping fund homeownership opportunities to meet the needs
of a growing workforce earning up to 120% AMI or 150% AMI in high-cost areas. Home
ownership options may include single family homes, town houses, condominium, and
manufactured homes. The design of the program will begin in Fiscal Year 2023, which
is considered year three of the five-year plan, and implementation would begin in fiscal
year 2024.
Reserves
To clarify from the last report, the City would be keeping an amount, referred to as the
reserve that could be used for a Safe Parking program, as well as other services or
goods that may qualify under the Homeless Prevention/Basic Needs categories. The
initial report identified reserves within each year, split across year 1 and year 2. The
updated tables show the reserve no longer split by year and instead combines both
years. The first two funding years (2019 and 2020) were applied for and both years’
funding will be made available July 1, 2022. The options have the award amounts for
service organizations split over the course of two years to match the public service grant
program historically conducted with the Housing Trust Fund. Because the full two years
of funding are available at once, the full reserve funding would be available from the
start. The benefit of combining the reserves instead of splitting annually is to make more
funds available per year instead of having to wait the following year to access them.
There is a 5-year deadline to use the funds from the original funding calendar year, so
the reserves included in the options must be fully expended by 2024/2025.
Compliance & Monitoring
To clarify the process for compliance, historically both the CDBG and HTF eligible
programs go through similar processes. This has been beneficial as the process must
comply with requirements for CDBG under the U.S. Department of Housing and Urban
Development (HUD) which has strict requirements for monitoring, evaluation, and
reporting.
That process was applied across all programs – regardless of an organization’s
designated funding source. This ensures that the same level of oversight and
compliance that was established by HUD (in order to receive CDBG funds) would also
be the set standard for organizations receiving Housing Trust Funds (HTF). A few
examples of the compliance process include:
• Application process: All organizations must submit financial information as
applicable, such as current financial statements, profit and loss statements and
evidence of nonprofit status, as well as other required documents.
• Annual monitoring and evaluation: review of financial and programmatic
compliance, site visits, and issuance of concerns and findings for noncompliance.
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• Performance evaluation: Bi-annual goals set by organizations against actual
goals met through the submittal of activity reports.
The process for monitoring and evaluation of the PLHA funds will be under the
administration of the County. The County will comply with any California Department of
Housing and Community Development (HCD) requirements for compliance and
reporting on the use of these funds.
OPTIONS
A brief overview of options presented includes the Housing and Neighborhood
Revitalization Committee’s (HNRC) and staff’s recommendations. Originally, the HNRC
was provided with two options: Option A, in which all applicant organizations received
some funding; and Option B, in which only the top six ranked organizations would
receive their requested funding amounts. The HNRC selected and recommended
Option B at their March 9th meeting.
During this time, PLHA requirements became more fully established, which resulted in
the minimum award amount being increased, so Option A was no longer viable. Staff is
presenting Council with Option D, adjusted with correct calculations. Staff is
recommending Option D as it offers more of a variety of service types to the community
for both CDBG & PLHA funding sources. This option would also allow for long-term HTF
funded public service organizations to have two more fiscal years to plan for a future
reduction in funding through this program, which will change at the end of the proposed
two-year grant period.
Council is requested to review Option B and Option D; however, staff is recommending
Option D for approval. Due to PLHA requirements, all other options previously provided
have proposed award amounts no longer eligible under PLHA. The following reflect the
changes that were made to Option B and Option D since the presentation on May 2,
2022:
1) Updated calculations to tables for Option B and Option D
2) Updated calculations to reserves amount for each option, including recognition of
access to the full reserve amounts, and not divided by year.
OPTION B: Fund Only the Top Six Applications Ranked by the HNRC
(HNRC Recommendation)
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PLHA Available
Balance: $ 592,717
Agency Project Rank Year 1
Funding
Year 2
Funding
Funding
Source
Live Oak Adult Day
Services
Adult Day
Care 3 $ 10,000 $ 10,000 CDBG
Community Agency
for Resources
Advocacy and
Services (CARAS)
Homeward
Bound
Homeless
Prevention
Services 4 $ 37,000 $ 37,000
PLHA -
Homeless
Prevention
Project Sentinel Inc.
Project
Sentinel
Fair
Housing 5 $ 21,000 $ 21,000
PLHA -
Homeless
Prevention
St. Joseph's Family
Center
Homeless
Prevention
Services 1 $ 65,000 $ 65,000
PLHA -
Homeless
Prevention
The Health Trust
Meals on
Wheels 2 $ 27,000 $ 27,000
PLHA - Basic
Needs
St. Joseph's Family
Center
Gilroy
Street
Team 6 $ 35,000 $ 35,000
PLHA - Basic
Needs
Funding and Category Types Year 1
Totals
Year 2
Totals
Combined
Totals
CDBG Funds $ 10,000 $ 10,000 $ 20,000
PLHA Funds (Homeless Prevention) $123,000 $123,000 $ 246,000
PLHA Funds (Basic Needs) $ 62,000 $ 62,000 $ 124,000
Total PLHA $185,000 $185,000 $ 370,000
Total Combined CDBG & PLHA $195,000 $195,000 $ 390,000
PLHA Reserve $ 222,717
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OPTION D: Staff Recommendation
PLHA Available
Amount: $ 592,717
Agency Project Year 1
Funding
Year 2
Funding
Funding
Source
Live Oak Adult Day
Services Adult Day Care $ 9,500 $ 10,666 CDBG
Bay Area
Community Health
(BACH)
Community
Outreach and
Navigation: PrEP $ 7,500 $ - CDBG
Boys and Girls Club
of Silicon Valley
Ochoa Clubhouse
CORE
Enrichment $ 7,500 $ 10,666 CDBG
Community Agency
for Resources
Advocacy and
Services (CARAS)
Reaching our
Young people to
succeed and
empower with
Unlimited
Potential (RYSE
UP) $ 7,500 $ 10,666 CDBG
St. Joseph's Family
Center
Homeless
Prevention
Services $ 55,000 $ 55,000
PLHA -
Homeless
Prevention
Project Sentinel Inc.
Project Sentinel
Fair Housing $ 20,000 $ 20,000
PLHA -
Homeless
Prevention
Project Sentinel
Landlord/Tenant
Counseling and
Dispute
Resolution $ 20,000 $ 20,000
PLHA -
Homeless
Prevention
Community Agency
for Resources
Advocacy and
Services (CARAS)
Homeward Bound
Homeless
Prevention
Services $ 20,000 $ 20,000
PLHA -
Homeless
Prevention
The Health Trust Meals on Wheels $ 27,000 $ 27,000
PLHA - Basic
Needs
St. Joseph's Family
Center
Gilroy Street
Team $ 35,000 $ 35,000
PLHA - Basic
Needs
South County
Compassion Center
Outreach for the
Unhoused $ 40,000 $ 40,000
PLHA - Basic
Needs
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Silicon Valley
Independent Living
Center
Housing Services
Program for
Gilroy Residents
with Disabilities $ 20,000 $ 20,000
PLHA - Basic
Needs
Funding and Category Types Year 1
Totals
Year 2
Totals
Combined
Totals
CDBG Funds $ 32,000 $ 31,998 $ 63,998
PLHA Funds (Homeless Prevention) $ 115,000 $ 115,000 $ 230,000
PLHA Funds (Basic Needs) $ 122,000 $ 122,000 $ 244,000
Total PLHA $ 237,000 $ 237,000 $ 474,000
Total Combined CDBG & PLHA $ 269,000 $ 268,998 $ 537,998
PLHA Reserve $ 118,717
RECOMMENDATION RESTATED AND EXPANDED:
Staff requests that the City Council:
a) Continue the public hearing and solicit comments on the draft 2022-2023 Annual
Action Plan.
• Consider all comments received through the Public Hearing regarding the
2022-2023 Annual Action Plan
b) Approve Option D for the Community Development Block Grant (CDBG) and
Permanent Local Housing Allocation (PLHA) public service grant allocations for
Fiscal Year 2022-2023.
• Approve staff recommended Option D for CDBG and PLHA public service
grant award recommendations to the PLHA Consortium and the County
for funding.
c) Approve the 2022-2023 Annual Action Plan.
• Approve the 2022-2023 Annual Action Plan detailing the proposed use of
funding for the various eligible uses. The action to adopt should include
direction to amend the projects and amounts listed to reflect the final
amounts determined by the option ultimately selected by the City Council,
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as well as any other changes Council may desire after the public hearing
is closed.
• In addition to the Public Service Grants and Housing Rehabilitation
Program, the plan includes CDBG funding for the following:
o $38,452 for the Gilroy Youth Center programs.
o $165,500 for public improvements to be used for sidewalks and curb
ramps located near the Monterey Senior Apartment Complex.
o $94,000 for program administration.
ALTERNATIVES
The City Council may:
1. For the public service grants and rehabilitation program Council may elect to:
a. Choose Option B recommended by the HNRC.
b. Modify any of these options to create another option for Council to
approve.
c. Not approve any public service and rehabilitation program grant funding
recommendations. If selected, the funds can instead be re-allocated to
other qualifying purposes under each funding source.
2. For the Annual Action Plan, Council may choose to accept, modify, or reject the
Annual Action Plan. The plan document has been developed consistent with the
Consolidated Plan, but modification will be needed to have the programs and
projects be consistent with the option selected by the City Council.
FISCAL IMPACT/FUNDING SOURCE
Specific amounts are pending final award amounts of CDBG funds from HUD, but the
current estimate for FY23 is $470,000. The City has not been notified of the final
amount available for program funding. As has been customary of the City, the amount
of appropriations in the CDBG fund for the City in the adopted budget is mostly related
to personnel costs. When the final amount of CDBG funds are known, a budget
amendment will be brought to Council to appropriate the full amount of CDBG funds
allocated by HUD for the year.
The PLHA funding for the next two years will not have a fiscal impact as it relates to the
adopted budget or total appropriations. As the City designated the County to receive
and manage the funds, no revenues nor expenditures will be made in the City’s
accounts for these funds. These funds are outside the control of the City, per PLHA
requirements under a designation agreement like the Consortium Agreement. There are
sufficient funds available in PLHA funds for the recommended awards under each of the
options.
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Participating in the PLHA Consortium, which gives County control over funds as well as
the management of the PLHA program, also provides that the County will be taking full
responsibility of the following:
• Application process for funding
• Compliance to HCD regulations
• Administration of all applications
• Managing funding and compliance agreements
• All PLHA reporting needs and requirements
In brief, this saves City staff a considerable amount of time that it takes to manage and
administer the various program components and also requires a level of expertise that
most cities do not possess. The County has committed to work with the City to fund the
types of programs and services the City requests, consistent with HCD and funding
application requirements.
PUBLIC OUTREACH
Public outreach for the funding cycle was in alignment with the Citizen Participation Plan
as detailed in Section AP-12 (page 19) of the Annual Action Plan. This item includes a
public hearing to receive comments on the Annual Action Plan which was posted for
review on the City’s website on April 1, 2022.
NEXT STEPS
Once adopted, staff will then forward the final version of the 2022-2023 Annual Action
Plan to HUD, who will review and accept or direct changes to be made. Additionally,
staff will forward the option selected and agency funding list from that option to the
Office of Supportive Housing, to undertake the County review process of the funding
recommendations for PLHA funds.
Attachments:
1. Annual Action Plan.FY 2022.2023. CDBG
2. 5.2.22 Staff Report
3. Public Comment - Tristia Bauman
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Annual Action Plan
2022
1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CITY OF GILROY
Fiscal Year 2022-2023 Annual Action Plan (AAP)
(For Period July 1, 2022 – June 30, 2023)
Community Development Block Grant
Application for federal funds under the Department of Housing & Urban
Development formula grant programs
City of Gilroy
Housing and Community Development
7351 Rosanna Street, Gilroy, CA 95020
Contact (408)846-0290
DRAFT
8.1.a
Packet Pg. 112 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award and Annual Action Plan)
Annual Action Plan
2022
2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Gilroy receives Community Development Block Grant (CDBG) funds each year from the
Housing and Urban Development (HUD) Department for housing, economic development, and
community development activities. These funds are intended to meet priority needs locally identified by
the City that primarily benefit persons with extremely-low, very-low, and low incomes (incomes of 80
percent or less of median area income).
To receive federal funds, the City must submit a strategic plan—the Consolidated Plan—every five years
to HUD as well as an Annual Action Plan each year that identifies local needs and how these needs will
be addressed. The Action Plan must also demonstrate how the City will meet national goals set by the
U.S. Congress to develop viable communities by providing decent housing, a suitable living environment,
and economic opportunities.
The Action Plan embodies and reflects three overall goals (as well as the Consolidated Plan), which
relate to the major commitments and priorities of HUD, including:
• To provide decent housing by preserving the affordable housing stock, increasing the availability
of affordable housing, reducing discriminatory barriers, increasing the supply of supportive
housing for those with special needs, and transitioning homeless persons and families into
housing.
• To provide a suitable living environment through safer, more livable neighborhoods, greater
integration of lower-income residents, increased housing opportunities, and reinvestment in
deteriorating neighborhoods.
• To expand economic opportunities through more jobs paying self-sufficiency wages,
homeownership opportunities, development activities that promote long-term community
viability, and the empowerment of lower-income persons to achieve self-sufficiency.
The Program Year (PY)2022/2023 Annual Action Plan (AAP) marks the 3rd year of the five-year
Consolidated Plan period, which runs from 2020-2025. Since HUD has not yet announced allocations for
entitlement jurisdictions throughout the country, the city is estimating they will receive a similar
allocation from previous years of $470,000. Once allocations are received, that total and subsequent
projects for this year’s plan will be updated accordingly. In addition to the annual CDBG allocation, the
City also makes available $168,000 from its local Housing Trust Fund (HTF). The HTF funds are for
services that are primarily related to housing and homelessness. The AAP describes to the public and
HUD how the City will specifically utilize these monies in the coming program year (July 1, 2022 - June
30, 2023). A complete listing of specific projects that will be receiving funds can be found in section AP-
35 of this document.
8.1.a
Packet Pg. 113 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award and Annual Action Plan)
Annual Action Plan
2022
3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Any minor changes (i.e. typos, minor edits, changes that do not affect the essence of the document) to
this Plan will be completed through a minor amendment process that will not require further citizen
participation or City Council approval. Substantial amendments (i.e. funding changes, re-allocation of
project monies, etc.) will follow the City’s citizen participation plan, and require a public hearing and
Council approval. Again, the funding currently is an “estimate” and will be adjusted on pro-rated basis
to each project once official allocations are made.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
HUD has established a set of outcomes and objectives entitlement jurisdictions need to address. The
outcomes and objectives are noted within each of the Goals included in the Strategic Plan (SP-45)
section of the Consolidated Plan. In summary, they are as follows:
• Outcomes: Availability/Accessibility; Affordability; Sustainability
• Objectives: Create suitable living environments; Provide Decent Affordable Housing; Create
Economic Opportunities
The goals identified in this Action Plan are taken from the Consolidated Plan’s Strategic Plan which
describes how federal funds and other resources will be deployed and what other actions will be taken
to address community development and affordable housing needs over the next five years. This year,
the following goals were made available in the NOFA, however only the asterisks are being carried out
with funding this year based on applications received:
• Preserve affordable housing for home ownership*
• Install safety and enhanced public improvements*
• Small Business Expansion
• Workforce Development
• Supportive services for the homeless
• Supportive services for special needs populations*
• Fair housing support
• Neighborhood Revitalization
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
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A meaningful evaluation of past performance is integral to determine what has been accomplished and
what work is necessary to address the myriad of needs in the community. This evaluation included a
review of past Consolidated Plans and AAP's . Through this evaluation, the City was able to compare the
needs identified through this Consolidated Plan and compare them to the activities that have taken
place in the past to determine if those activities are still necessary. Priority needs, and goals were then
formulated to meet these needs with an eye to what has been successful in the past and what is
necessary in the future.
The City will report, in detail, on its performance in the Consolidated Annual Performance Evaluation
Report (CAPER) due to HUD 90 days upon completion of the program year. As in integral function of
preparing for the CAPER, City of Gilroy Housing and Community Development (HCD) staff monitors
financial and program performance of CDBG and HTF funding subrecipients on a quarterly
basis. Depending upon the results of that review, staff works with sub-recipients to achieve spending
and performance objectives.
PY 2020 marked the first year of Gilroy’s 2020-2025 Consolidated Plan. The City’s Consolidated Plan
established five-year goals to benefit its low and moderate-income residents by creating suitable living
environments, providing decent affordable housing, and creating economic opportunities. In PY 2020,
despite challenges posed by the COVID-19 pandemic, the city was able to achieve many of its five-year
Consolidated Plan goals. Gilroy significantly exceeded its housing rehabilitation goals through the city’s
Rebuilding Home Repair, Rehabilitation, and Accessibility Modification Program, which addressed
health, safety, and accessibility issues for 17 low- and moderate-income families in PY2020. CDBG funds
also supported the Gilroy Compassion Center, which provided resources and referrals, as well as food,
clothing, and personal care items, to 473 persons experiencing homelessness in the city. As it has in
previous years, the city continued to address the needs of other vulnerable populations in the
community by funding public services for low-income youth and seniors.
Additionally, the City is proud to report that 100 percent of CDBG funds expended in PY 2020 were
directed to serving low- and moderate-income persons, which is substantially above the requirement
that 70 percent of funds are used for that purpose. CDBG program requirements also limit the amount
of funds obligated for public services to 15 percent or less and for administration and planning to 20
percent or less of the annual grant amount. The PY2020 CAPER shows that the city’s public services
obligation is below the 15 percent cap at 12.85 percent, and the administration and planning obligation
meets the cap at 20 percent.
Another regulatory limitation on the CDBG administration and planning costs is that no more than 20
percent of any origin year grant may be expended for planning and administrative costs. The city is
currently in compliance with this requirement for the 2017, 2018, 2019 and 2020 origin year grants.
Finally, the critical program requirement of expending CDBG funds in a timely manner was met for PY
2020. A review of the city’s expenditures on May 2, 2021 showed the city had a balance of 1.42 times its
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allocation, thus meeting the requirement that the amount of CDBG funds on hand 60 days prior to the
end of the program year not exceed 1.5 times the annual allocation.
Based on HUD’s review of the most recent CAPER from PY 2020, the City of Gilroy has the continuing
capacity to administer its CDBG program. The activities undertaken are consistent with the city’s HUD
approved Consolidated Plan, and the city continues to make progress in meeting its housing and
community development goals.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The City followed the requirements for citizen participation outlined in the City of Gilroy Citizen’s
Participation Plan in the 5-year Consolidated Plan. The PY 2022/2023 Annual Action Plan included the
following processes to ensure the highest citizen participation was captured during the development of
this plan:
• Public Notice published and website posting to announce upcoming Notice of Funding
Availability Release and Public Hearing: December 17, 2021
• NOFA Released and email distribution to several community organizations, consortiums and
individuals: December 17, 2021
• Public Hearing held to review CDBG program, annual NOFA and application process with
interested individuals/organizations: January 11, 2022
• Public Meeting with Housing and Neighborhood Revitalization Committee (HNRC) to review
proposals for funding and receive presentations: February 16, 2022
• Public Meeting with HNRC to recommend funding for Annual Action Plan for both CDBG and HTF
programs: March 9, 2022
• Public Notice published and website posting for comment period on draft Action Plan: March
23, 2022
• 30 Day public comment period on draft Action Plan which was made available on City's website:
April 1 - May 2, 2022
• Public Hearing held at City Council to review final Action Plan and accept any comments prior to
Plan approval and adoption: May 2, 2022
All public hearings are published in The Dispatch, which is the local newspaper of general
circulation. Notices are published in both English and Spanish and are also posted on the City's website
and messaging board outside of City Hall. Due to COVID-19, some of the public meetings were held
"virtually" to maintain social distancing and limit the spread of the coronavirus. The City utilized virtual
platforms to host these meetings that allowed the public to view the meeting, listen and provide any
comments/questions for each particular item. The final public hearing at city council was held in person
again and the public was encouraged to attend to voice their comments for the upcoming program year.
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5. Summary of public comments
See attached summary in AAP Citizen Participation attachment (to be updated after comment period).
6. Summary of comments or views not accepted and the reasons for not accepting them
See attached summary in AAP Citizen Participation attachment (to be updated after comment period).
7. Summary
See above.
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administrat ion of
each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator GILROY Administration Department
Table 1 – Responsible Agencies
Narrative
The City of Gilroy (City) is the lead and responsible agency for the United States Department of Housing and Urban Development’s (HUD)
entitlement programs in Gilroy. The Housing and Community Development Division (HCD), a division of the Administration Department, is
responsible for administering the City’s CDBG program.
Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD. By federal law, the City is required to
submit a five-year Consolidated Plan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds.
The PY 2022/2023 Annual Action Plan marks the 3rd program year of the City's 5-year Consolidated Plan.
Consolidated Plan Public Contact Information
Crystal Zamora, Programs Administrator
7351 Rosanna Street
Gilroy, CA 95020
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408.846.0274
Crystal.zamora@cityofgilroy.org
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
The Consolidated Plan outreach effort is a regional collaborative effort between the County of Santa
Clara and seven entitlement jurisdiction cities. The County hired Michael Baker International, in
partnership with Circlepoint, to assist them in their community engagement efforts. Community
engagement is key for helping the County and cities to identify needs, priorities, goals, strategies, and
activities for future housing and community development activities over the period of the five-year
regional plan. Engagement activities included a community survey, public outreach, stakeholder
consultations (or meetings), focus groups, and pop-up events.
As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders,
including City departments, human service agencies, local and regional community-based organizations,
housing providers and advocates, and the Santa Clara County Housing Authority (SCCHA). Social service
providers were also consulted, including those that provide services to the elderly, persons with
disabilities, homeless persons, and other lower-income individuals and at-risk populations.
Provide a concise summary of the jurisdiction’s activities to enhance coordinat ion between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l)).
The City worked in coordination with many agencies, boards, and governmental entities with the intent
of enhancing access to services, learning best practices of activities that would aid the City in developing
strategies to meet established goals of providing decent and affordable housing, providing a suitable
living environment, and expanding economic opportunities. The City’s citizen participation efforts
included the following efforts during the preparation of the Consolidated Plan and Annual Action Plan:
• CDBG/Housing Regional Coordinators Meetings – City staff and staff from the other CDBG
entitlement cities in Santa Clara County, the County of Santa Clara Office of Supportive Housing,
and the SCCHA participate.
• These meetings discuss data resources and strive to coordinate requests for information to both
public and private countywide agencies.
• HUD staff meets with this group to clarify issues and assist in providing ongoing programmatic
technical information.
• The email listserv for this group enables members to share information and provide technical
assistance to one another, thus promoting and creating an environment of cooperation and
understanding of differing needs, concerns, and issues among the group. This expansion of
knowledge of regional issues and sharing of information benefits each individual jurisdiction
represented in the group.
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• South County Collaborative – Partners with the collaborative, which consists of providers of
services to low-income and special needs residents of Gilroy, San Martin, and Morgan Hill.
• The collaborative is a nonprofit organization and is able to apply for funding benefitting the
communities it serves.
• Collaborative members share information through an active listserv and receive notices of
public comment periods on the Action Plan and Consolidated Annual Performance and
Evaluation Reports.
• South County Homeless Task Force – Attends meetings hosted monthly that include
representatives from the Gilroy Police Department, County of Santa Clara, staff from various
nonprofit agencies, health workers, the Santa Clara Valley Water District, and faith-based
organizations, as well as individual volunteers.
• The focus is on identifying resources and sharing specific information about homeless
individuals who have been identified by the police and outreach workers as being ready to get
off the streets or who are in particularly dire need.
• The sharing of information and resources also has as a goal of conserving resources such as
police time spent in re-arresting the same homeless person multiple times.
• Continuum of Care (CoC) Participation – Meets monthly with a group comprising governmental
agencies, homeless service and shelter providers, homeless persons, housing advocates,
affordable housing developers, and various private parties, including businesses and
foundations, to identify gaps in homeless services, establish funding priorities, and pursue a
systematic approach to addressing homelessness.
• A Community Plan Implementation Team, which includes members of the CoC and other
community stakeholders, meets quarterly to evaluate progress toward the Community’s Plan to
End Homelessness.
• During the development of its Consolidated and Annual Plans and as a general practice, the City
coordinated with a variety of housing agencies, public and mental health agencies, and service
providers to discuss community needs. These discussions provided an opportunity for these
entities to network and learn more about one another’s services and programs.
Describe coordination with the Continuum of Care and efforts to ad dress the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Santa Clara County Office of Supportive Housing is the administrator of the regional CoC. The City
continuously coordinates with the Santa Clara County CoC to end and prevent homelessness in the City
and County. The Santa Clara County CoC is a group comprised of countywide stakeholders, including
governmental agencies, homeless service and shelter providers, homeless persons, housing advocates,
affordable housing developers, and various private parties, including businesses and foundations.
The CoC is governed by the CoC Board, which takes a systems-change approach to preventing and
ending homelessness. This CoC Board is composed of the same individuals who serve on the
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Destination: Home Leadership Board. Destination: Home is a public-private partnership that is
committed to collective impact strategies to end chronic homelessness. Destination: Home is the
governing body for the CoC and is responsible for implementing bylaws and operational protocols of the
CoC.
Regional efforts of the CoC include the development of The Community Plan to End Homelessness,
which identifies strategies to address the needs of homeless persons in the County, including chronically
homeless individuals and families, families with children, veterans, and unaccompanied youth. The plan
also addresses the needs of persons at risk of homelessness. The CoC is now in the process of updating a
new plan for the next five years and the City plans to participate in these efforts. The City's Unhoused
Ad Hoc Committee made twelve (12)recommendation to City Council for formal support and approval of
the Community Plan to End Homelessness. The council added an additional two (2) priorities and
approved the plan.
Also, during the development of this Consolidated Plan, the City consulted with both the CoC and
County Office of Supportive Housing for their expertise and experience in identifying community needs.
Service providers and organizations that provide services to homeless persons and persons at risk of
homelessness were also contacted by the City to attend the Consolidated and Annual Action Plan
engagement meetings. This included Destination Home, the policy group that works on homelessness
prevention and strategies to end homelessness; Eden Housing, a homeless service provider that
provides permanent supportive housing in the City; and City of Gilroy Recreation Department, which
administers the Gilroy Youth Center.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City is not an ESG entitlement jurisdiction and therefore does not receive ESG funds. However, the
City does administer federal grant programs that provide assistance to homeless and low-income
families in Santa Clara County. The City also helps fund and conduct the Point-in-Time (PIT) count, the
biennial regional collaborative effort to count and survey homeless persons. The latest count and survey
were conducted in January 2019. The survey typically occurs every two years on January, however due
to the COVID-19 pandemic, the 2021 PIT count was pushed back a few months due to the Omnicron
Variant, thus pushing the completion of the report closer to September 2022. The CoC is already
planning for the 2023 survey which will occur in January. The data from the PIT count is used to plan,
fund, and implement actions for reducing chronic homelessness and circumstances that bring about
homelessness.
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The Santa Clara County Continuum of Care takes the role of Homeless Management Information System
(HMIS) administration. The County, and its consultant Bitfocus, work jointly to operate and oversee
HMIS. Both software and HMIS system administration are now provided by Bitfocus. Funding for HMIS in
Santa Clara County comes from HUD, the County of Santa Clara, and the City of San Jose. The County’s
HMIS is used by many city service providers across the region to record information and report
outcomes. The software meets and exceeds HUD’s requirements for the implementation and
compliance of HMIS Standards. The project has a rich array of service provider participation and is
utilized to capture information and report on special programming, such as Housing 1000, the County
VTA free bus pass program, and prevention service delivery.
The City and the whole county uses the HMIS system this to support housing availability alongside the
coordinated entry system to support transitional, shelter as well as permanent housing needs. In Santa
Clara County’s coordinated entry system, all homeless people complete a standard assessment tool
(the Vulnerability Index-Service Prioritization Decision Assessment Tool or VI-SPDAT) that considers
the household’s situation and identifies the best type of housing intervention to address their
situation. A community queue of eligible households is generated from the standard assessment. The
community queue is used to fill spaces in the permanent housing programs, including permanent
supportive housing and rapid rehousing, in the County. This coordinated process reduces the need for
people to traverse the county seeking assistance at every service provider separately.
2. Agencies, groups, organizations and others who participated in the process and
consultations
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization Boys and Girls Club of Silicon Valley
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the Santa Clara focus group meeting on 11/7/19. The
agency's top priority is improved coordination of youth and education
programs.
2 Agency/Group/Organization Healthier Kids Foundation Santa Clara County
Agency/Group/Organization Type Services-Children
Foundation
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the Santa Clara focus group meeting on 11/7/19.The
agency identified that the lack of financial support efforts is the most
pressing housing problem.
3 Agency/Group/Organization Bill Wilson Center
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the Santa Clara focus group meeting on 11/7/19 as
well as community meetings on 11/4/19 in Morgan Hill and 11/20/19 in San
Jose. The agency identified mental health services for low-income
communities as a high priority.
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4 Agency/Group/Organization COMMUNITY SERVICES AGENCY OF MOUNTAIN VIEW AND LOS ALTOS
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the stakeholder consultation conference call meeting
on 11/15/19. The agency identified a need for diverse types of affordable
housing and improved transportation.
5 Agency/Group/Organization San Jose Conservation Corps Charter
Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Homeless Needs - Families with children
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the Gilroy focus group meeting on 11/18/19.The
agency provided insight into solutions for homelessness, such as transitional
housing, zoning changes, and tiny homes.
6 Agency/Group/Organization CommUniver City San Jose
Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended a regional forum meeting in San Jose on 11/20/19. The
agency identified children’s education and care as a priority need.
7 Agency/Group/Organization THE HEALTH TRUST
Agency/Group/Organization Type Services-Health
Health Agency
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What section of the Plan was addressed by
Consultation?
Health Services
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the stakeholder consultation meeting on 11/21/19.The
agency identified flexibility in funding mechanisms as a need to make
affordable housing more attractive to developers.
8 Agency/Group/Organization REBUILDING TOGETHER , SILICON VALLEY
Agency/Group/Organization Type Housing
Services - Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the stakeholder consultation conference call meeting
on 11/21/19.The agency identified funding for home rehabilitations as a high
priority over the next five years.
9 Agency/Group/Organization Servant Partners
Agency/Group/Organization Type Community Resources
Neighborhood Organization
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the community meeting on 11/13/19 at the Hillview
library. The City will continue to consider Servant Partners as a resource in
addressing the City's needs.
10 Agency/Group/Organization SENIOR ADULTS LEGAL ASSISTANCE (SALA)
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the Palo Alto public engagement meeting on 11/17/19;
the San Jose public engagement meeting on 11/19/19; and the regional
forum meetings on 11/4/19 in Morgan Hill and 11/7/19 in Palo Alto. The City
will continue to consider SALA as a resource in addressing seniors needs.
11 Agency/Group/Organization HomeFirst (formerly EHC)
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the regional forum meeting in Morgan Hill on 11/4/19.
The City will continue to consider HomeFirst as a resource in addressing
homeless needs.
12 Agency/Group/Organization HEART OF THE VALLEY
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency was consulted through interview questions covering a range of
issues such as community needs, areas in need of neighborhood
revitalization, housing needs, low-moderate income vulnerabilities, and
CDBG and HOME funding priorities. The agency provided emailed feedback.
13 Agency/Group/Organization Santa Clara County Office of Supportive Housing
Agency/Group/Organization Type Housing
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the regional forum meeting in Morgan Hill on 11/4/19.
The City will continue to consider the Office of Supportive Housing as a
resource in addressing homeless needs.
14 Agency/Group/Organization Santa Clara County Department of Planning and Development
Agency/Group/Organization Type Other government - County
What section of the Plan was addressed by
Consultation?
Public Housing Needs
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the regional forum meeting in Morgan Hill on 11/4/19.
The City will continue to consider the County Department of Planning and
Development as a partner in addressing the needs of the City.
15 Agency/Group/Organization City of Gilroy Recreation Department
Agency/Group/Organization Type Other government - Local
What section of the Plan was addressed by
Consultation?
Recreational needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency was consulted and provided emailed feedback. The agency
provided feedback into problems faced by the residents of the City of Gilroy.
16 Agency/Group/Organization Vista Center for the Blind
Agency/Group/Organization Type Services for Disabled
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the stakeholder consultation via audio meeting on
12/9/19. The agency identified accessibility to City services and clearer grant
application measures as priority needs.
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17 Agency/Group/Organization Destination Home
Agency/Group/Organization Type Housing
Services - Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the stakeholder consultation via telephone meeting on
11/11/19.The agency identified that building more housing for the
extremely low-income population and homelessness prevention are priority
needs.
18 Agency/Group/Organization COMMUNITY SOLUTIONS
Agency/Group/Organization Type Services - Victims
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the AFH and Consolidated Plan joint meeting on
12/11/19 at the Gilroy Council Chambers. The City will continue to consider
Community Solutions as a resource in addressing the needs of the City.
19 Agency/Group/Organization ST. MARY'S CENTER
Agency/Group/Organization Type Parish
Neighborhood Organization
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency attended the AFH and Consolidated Plan joint meeting on
12/11/19 at the Gilroy Council Chambers. The City will continue to consider
St. Mary's Parish as a resource in addressing the needs of the City.
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20 Agency/Group/Organization Housing Advisory Committee Gilroy
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency cohosted the AFH and Consolidated Plan joint meeting on
12/11/19 at the Gilroy Council Chambers. This group has now been
consolidated with the CNRC into the HNRC, which will continue to serve the
community in an advisory role to the Housing Division.
21 Agency/Group/Organization Community and Neighborhood Revitalization Committee - Gilroy
Agency/Group/Organization Type Housing
Local Committee
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The agency cohosted the AFH and Consolidated Plan joint meeting on
12/11/19 at the Gilroy Council Chambers. This group has now been
consolidated with the HAC into the HNRC, which will continue to serve the
community in an advisory role to the Housing Division.
Identify any Agency Types not consulted and provide rationale for not consulting
Although not addressed in this Plan, the City intends to consult with other agencies in the future to gain more collaboration, including, but not
limited to:
- Broadband Internet Service providers: According to the FCC, the majority of the City has at least 4 options for internet service, thus the City will
reach out to those organizations to determine what areas are still lacking and steps they are taking to bridge the digital divide.
8.1.a
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- Resilience specific organizations: This will include the South County Regional Water Authority and the County of Santa Clara’s Operational Area
Hazard Mitigation Plan.
The city intended to reach out to these organizations and providers, however due to the on-going pandemic, this action did not occur. The city is
aware of the importance of both broadband and resiliency efforts and intends to take address these items in the next action plan.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Continuum of Care
Council
Identifies housing inventory count to facilitate the provision of housing services to those
experiencing homelessness.
General Plan /
Housing Element City of Gilroy Determines physical conditions of housing that affect habitability. Identifies the number of
affordable units that need to be allocated to households with different income levels
Table 3 - Other local / regional / federal planning efforts
Narrative
The city, the other entitlement jurisdictions, and the County participated in a joint regional effort to conduct consultations and public outreach
for the Consolidated Plan which drives the subsequent Action Plans. City and County staff, with assistance from consultants, worked to involve
housing, social service, and other agencies in the community engagement process, including direct solicitation for these agencies to participate
in the community survey, stakeholder meetings, and focus groups.
Stakeholder participants were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG-eligible activities
such as housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities,
neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet
issues, and how the jurisdiction should spend CDBG funding.
8.1.a
Packet Pg. 131 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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2022
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The responses were very helpful for the Needs Assessment and Strategic Plan of the Consolidated Plan, to analyze alongside data from the
census and HUD, especially for topics pertaining to housing needs, homeless needs, non-homeless special needs and services, and community
development needs.
8.1.a
Packet Pg. 132 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal -setting
Outreach is essential to the City’s ability to create an accurate and effective plan, and to allocate resources appropriately. The City (in
partnership with the County) made extensive efforts to solicit citizen participation during the Consolidated Plan process which in turn drives
each years' Annual Action Plan. Below is a summary of the steps taken for the Consolidated Plan, along with the efforts made for the PY
2022/2023.
First, the City attempted to reach as many residents as possible within the CDBG target areas and within specific demographics, such as low-
income families, disabled persons, elderly persons, and families with minor children. Receiving feedback directly from residents who may
potentially receive assistance from grant funds is crucial for the CDBG program’s effectiveness. Second, the City reached out to practitioners,
agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs,
opportunities, solutions, investments, and how community improvements can be made. Third, the City encouraged all residents to weigh in on
community needs and opportunities for improvements through resident participation opportunities.
The City offered several opportunities and various methods for participation and public comment throughout the development of the
Consolidated Plan and Annual Action Plan, including:
1. Regional Needs Survey
2. Pop-Up Events
3. Regional Forums
4. Focus Groups
5. Joint Community Meetings on Consolidated Plan Process and Assessment of Fair Housing
6. Stakeholder Consultations
7. Public Hearings and Comment Periods for Draft Documents for current AAP:
• Public Hearing: January 11, 2022
8.1.a
Packet Pg. 133 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
Annual Action Plan
2022
23
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Public Comment Period on Draft Action Plan: April 1, 2022 - May 2, 2022
• Public Hearing: May 2, 2022
Citizen Participation Process Impact on Goal Setting
Comments and feedback obtained from the resident participation process are very useful in goal setting and strategic planning as they relate to
the Consolidated Plan. For example, the comments received from stakeholders provided feedback for the Needs Assessment in the Consolidated
Plan especially in sections concerning special needs populations and non-housing community development. The results from the survey and
comments provided by the public also helped identify high areas of concern among the community especially as related to local data, housing,
public services, and community development needs. The feedback was especially helpful in assessing the priority needs and goal setting for the
Strategic Plan section of the Consolidated Plan. The responses obtained from community engagement were also helpful in providing more
insight into barriers to affordable housing, priority needs, and areas needing the most neighborhood revitalization.
8.1.a
Packet Pg. 134 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Hearing
Non-
targeted/broad
community
Public hearing was
held virtually on
January 11, 2022 to
comply with COVID-
19 restrictions.
Meeting was held to
provide CDBG
overview and release
annual NOFA. The
City had over 10
participants in the
meeting.
Comments received
were in support of
the funding and
general questions
regarding the
application process
N/A
2 Newspaper Ad
Non-
targeted/broad
community
30 Day draft
comment period for
the Annual Action
Plan was published in
the local Dispatch
newspaper and
invited interested
individuals to review
Plan online and
submit comments to
Staff.
See attached
summary in AAP
Citizen
Participation
attachment.
See attached summary
in AAP Citizen
Participation
attachment.
8.1.a
Packet Pg. 135 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
3 Public Hearing
Non-
targeted/broad
community
A public hearing was
held at the City
Council meeting on
May 2, 2022. The
meeting was publicly
noticed in the
Dispatch 10-days
prior to the hearing
in both English and
Spanish. Interested
individuals were
invited to provide
comments/feedback
prior to the final
Action Plan being
approved and
submitted to HUD
See attached
summary in AAP
Citizen
Participation
attachment.
See attached summary
in AAP Citizen
Participation
attachment.
4 Newspaper Ad
Non-
targeted/broad
community
Public notice
published in The
Dispatch newspaper
to advertise the
NOFA public hearing.
The notice was
published on
December 17, 2021
No comments were
received
No comments were
received
Table 4 – Citizen Participation Outreach
8.1.a
Packet Pg. 136 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City has not yet received its official CDBG allocation from HUD for PY 2022-2023. Based on previous years, the city is anticipating an
allocation of $470,000 in CDBG funds. As this figure is only an “estimate”, we will adjust our resources and projects on a pro-rated basis
depending on whether the actual total is higher or lower.
In addition, the City is making available $168,000 from its local HTF. Below is a summary of these expected resources which will be further
identified in AP-35 for specific projects/programs.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 470,000 0 0 470,000 900,000
City is taking an average allocation of
$450,000 per year for the next two
years remaining in the Consolidated
Plan.
8.1.a
Packet Pg. 137 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Housing
Trust Fund
public -
local
Public Services
Other 168,000 0 0 168,000 504,000
These are local HTF dollars that are
not included in AP-35.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
The City will utilize local Housing Trust Fund dollars, as appropriate, to leverage and meet the goals determined in this Consolidated Plan and the
Annual Action Plan.
The City of Gilroy does not have a match requirement.
There are additional federal grant programs the City can leverage to fund community development activities and increase the project efficiencies
and benefits from economies of scale. These programs include:
• Housing Choice Voucher Program;
• Section 202;
• Section 811; and
• Affordable Housing Program through the Federal Home Loan Bank.
These programs would not be provided to the City but rather the SCCHA and affordable housing developers.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs
8.1.a
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identified in the plan
The City’s 2015-2023 Housing Element identified three specific plan areas that may be used for housing for different income categories. The Glen
Loma Specific Plan is required to construct 15.1% of its units as affordable which could accommodate approximately 204 low-income housing
units; the Hecker Pass Specific Plan does not accommodate low-income units; and the Downtown Gilroy Specific Plan can accommodate 455
lower-income units.
The 2015-2023 Housing Element also identified vacant and underutilized land outside of specific plans that can accommodate 423 lower-income
units. Additional opportunities may appear due to changes in recent housing legislation to streamline multi-family housing and accessory
dwelling unit (ADU) developments.
No CDBG dollars have been planned towards these units / properties.
Discussion
See above
8.1.a
Packet Pg. 139 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Preserve affordable
housing
2020 2025 Affordable
Housing
Citywide Preserve Affordable
Housing
CDBG:
$140,000
(RT)
Rental units rehabilitated: 4
Household Housing Unit
Homeowner Housing Rehabilitated:
14 Household Housing Unit
2 Install safety and
enhanced public
improvements
2020 2025 Non-Housing
Community
Development
Citywide Infrastructure
Improvements in
CDBG Target Areas
CDBG:
$165,500
(PW)
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1825 Persons Assisted
3 Supportive services
for special needs
populations
2020 2025 Non-Homeless
Special Needs
Citywide Special Needs
Services -
Elderly/Frail Elderly
Special Needs
Services - Youth
Special Needs
Services Persons
with Disabilities
CDBG:
$70,500
Public service activities other than
Low/Moderate Income Housing
Benefit: 113 Persons Assisted (65
youth center, 30 adult care and 18
meals on wheels)
8.1.a
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Planning and
Administration
2020 2025 Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Citywide CDBG:
$94,000
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Preserve affordable housing
Goal Description
2 Goal Name Install safety and enhanced public improvements
Goal Description
3 Goal Name Supportive services for special needs populations
Goal Description
4 Goal Name Planning and Administration
Goal Description
8.1.a
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8.1.a
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AP-35 Projects - 91.420, 91.220(d)
Introduction
The City has not yet received its official CDBG allocation from HUD for PY 2022-2023. Based on previous
years, the city is anticipating an allocation of $470,000 in CDBG funds. As this figure is only an
“estimate”, we will adjust our resources and projects on a pro-rated basis depending on whether the
actual total is higher or lower. Below is a summary of those proposed projects to be funded.
# Project Name
1 Live Oak Adult Day Care Services
2 Gilroy Youth Center
3 Meals on Wheels Program
4 Rebuilding Together – Rehabilitation and Accessibility Modification Program
5 Pedestrian Improvements: Sidewalk and Curb Ramp Project
6 Program Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
Funding of most projects was based on a competitive process that involved a Request for Proposals from
the City's annual NOFA that was released on December 17, 2021. Interested applicants submitted
funding proposals to the City based on the targeted priorities developed by the City. The City's Housing
and Neighborhood Revitalization Committee (HNRC), reviewed the proposals, interviewed the eligible
applicants, and rated each competitive proposal. City staff ranked the proposals based on scores
received and funds were distributed based on the applicants' ability to meet the stated priorities and
funding availability. The main obstacle to this process was the limited availability of funding. The City
also contributed HTF funds ($168,000) to this NOFA process to assist additional organizations that could
not be funded with CDBG dollars, due to funding constraints.
8.1.a
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AP-38 Project Summary
Project Summary Information
1 Project Name Live Oak Adult Day Care Program
Target Area Citywide
Goals Supported Supportive services for special needs populations
Needs Addressed Special Needs Services - Elderly/Frail Elderly
Special Needs Services Persons with Disabilities
Funding CDBG: $10,000
Description The program will provide disabled, at-risk Gilroy seniors with socialization, recreation, exercise, mental
stimulation and nutritious meals, removing them from isolation into a life-enhancing and protected
environment, and to provide family caregivers with respite and support services which will enhance their
ability to care for their senior loved one in the home setting. HUD Matrix Code: 05A / National Objective:
LMC (presumed benefit)
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
The program will provide services to 30 seniors
Location Description 651 W Sixth Street, Suite 2, Gilroy, CA 95020
Planned Activities The program will provide disabled, at-risk Gilroy seniors with socialization, recreation, exercise, mental
stimulation and nutritious meals, removing them from isolation into a life-enhancing and protected
environment, and to provide family caregivers with respite and support services which will enhance their
ability to care for their senior loved one in the home setting.
8.1.a
Packet Pg. 144 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Project Name Gilroy Youth Center
Target Area Citywide
Goals Supported Supportive services for special needs populations
Needs Addressed Special Needs Services - Youth
Funding CDBG: $38,452
Description During the school year, the Youth Center is an after-school program providing homework assistance, arts
& crafts, sports, and games. During the summer, the Youth Center operates as a summer day camp with
sports, games, arts & crafts and fun themed based activities. Registration is required for each
component to ensure eligibility. HUD Matrix Code: 05D / National Objective: LMC (Self-certification
required)
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
The program will service approximately 65 youth aged individuals (ages 6-14).
Location Description Gilroy Youth Center - Cesar Chavez Gym, 227 I.O.O.F. Avenue, Gilroy, CA 95020
Planned Activities During the school year, the Youth Center is an after-school program providing homework assistance, arts
& crafts, sports, and games. During the summer, the Youth Center operates as a summer day camp with
sports, games, arts & crafts and fun themed based activities. Registration is required for each
component to ensure eligibility.
3 Project Name The Health Trust: Meals on Wheels Program
Target Area Citywide
Goals Supported Supportive services for special needs populations
8.1.a
Packet Pg. 145 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Needs Addressed Special Needs Services - Elderly/Frail Elderly
Special Needs Services Persons with Disabilities
Funding CDBG: $22,048
Description The Health Trust requests funding to deliver 2,540 meals to 18 Gilroy seniors. In the City of Gilroy, there
are nearly 600 seniors who are living at or below the poverty level and at risk of food insecurity. The
Health Trust Meals on Wheels provides seniors who are low-income and homebound with health &
social services, and enables them to age in place, living independently as healthy, contributing members
of their communities. Program components include Meals/Groceries: Drivers deliver hot meals each
weekday, and chilled salads and sandwiches are delivered on Fridays for the weekend. Our most food-
insecure clients may also receive monthly grocery deliveries. Wellness Checks: Our delivery drivers note
changes in clients' cognitive awareness, potential safety hazards, and any changes in appetite.
Approximately 50 investigative reports are made by drivers each month. Personal Connections and
Resources: Daily interaction with a Meals on Wheels driver is important for socially isolated clients'
mental health and wellbeing. Other resources include social work services and referrals, nutrition
education, and in-home falls prevention services from Stanford Hospital occupational therapist. HUD
Matrix Code: 05A Senior Services / National Objective: LMC (presumed benefit)
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
18 homebound seniors
Location Description Meal delivery program to private residences.
8.1.a
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Planned Activities The Health Trust requests funding to deliver 2,540 meals to 18 Gilroy seniors. In the City of Gilroy, there
are nearly 600 seniors who are living at or below the poverty level and at risk of food insecurity. The
Health Trust Meals on Wheels provides seniors who are low-income and homebound with health &
social services, and enables them to age in place, living independently as healthy, contributing members
of their communities. Program components include:
Meals/Groceries: Drivers deliver hot meals each weekday, and chilled salads and sandwiches are
delivered on Fridays for the weekend. Our most food-insecure clients may also receive monthly grocery
deliveries.
Wellness Checks: Our delivery drivers note changes in clients' cognitive awareness, potential safety
hazards, and any changes in appetite. Approximately 50 investigative reports are made by drivers each
month.
Personal Connections and Resources: Daily interaction with a Meals on Wheels driver is important for
socially isolated clients' mental health and wellbeing. Other resources include social work services and
referrals, nutrition education, and in-home falls prevention services from Stanford Hospital occupational
therapist.
4 Project Name Rebuilding Together – Repair and Accessibility Modification program for low-income homeowners and
renters
Target Area Citywide
Goals Supported Preserve affordable housing for home ownership
Needs Addressed Affordable Housing - Rehabilitate Existing Units
Funding CDBG: $140,000
8.1.a
Packet Pg. 147 Attachment: Annual Action Plan.FY 2022.2023. CDBG (3792 : Continuation of CDBG and HTF Grant Award
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2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Description Rebuilding Together Silicon Valley (RTSV) believes everyone deserves to live in a safe and healthy home.
The RTSV Home Repair, Rehabilitation and Accessibility Modification Program will repair housing units to
attend to the immediate health and safety needs for low-income Gilroy homeowners and renters.
Priority and emphasis of work to include residents living in the Expanded Neighborhood Revitalization
Strategy Area (NRSA). The focus of repairs will address urgent and critical needs, as well as minor repairs,
accessibility and mobility needs and limited rehabilitation. With this program RTSV will effectively
preserve decent, affordable homeownership and restore suitable living environments in a cost-effective
manner. We will also preserve affordable housing stock for low-income renters and ensure they have a
safe, suitable, and healthy place to call home. Residents who live on a fixed income may be less able to
afford little beyond the most basic needs. Necessary items such as food and prescription medications can
be difficult to afford while other important expenses, such as repairs to a leaking roof, failed water
heater, or broken water or sewer line may be near impossible to afford. Repair work is completed at no
charge to the homeowner and can be on any type of owner-occupied housing unit: mobile home, condo,
or single-family home. HUD Matrix Code: 14A Single Family Rehabilitation / National Objective: LMH
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
18 low-income homeowners and renters
Location Description Program is offered throughout the City to eligible homeowners and renters
8.1.a
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Planned Activities Rebuilding Together Silicon Valley (RTSV) believes everyone deserves to live in a safe and healthy home.
The RTSV Home Repair, Rehabilitation and Accessibility Modification Program will repair housing units to
attend to the immediate health and safety needs for low-income Gilroy homeowners and renters.
Priority and emphasis of work to include residents living in the Expanded Neighborhood Revitalization
Strategy Area (NRSA). The focus of repairs will address urgent and critical needs, as well as minor repairs,
accessibility and mobility needs and limited rehabilitation. With this program RTSV will effectively
preserve decent, affordable homeownership and restore suitable living environments in a cost-effective
manner. We will also preserve affordable housing stock for low-income renters and ensure they have a
safe, suitable, and healthy place to call home. Residents who live on a fixed income may be less able to
afford little beyond the most basic needs. Necessary items such as food and prescription medications can
be difficult to afford while other important expenses, such as repairs to a leaking roof, failed water
heater, or broken water or sewer line may be near impossible to afford. Repair work is completed at no
charge to the homeowner and can be on any type of owner-occupied housing unit: mobile home, condo,
or single-family home.
5 Project Name Pedestrian Improvements – Sidewalk and curb ramp project
Target Area Citywide
Goals Supported Install safety and enhanced public improvements
Needs Addressed Infrastructure Improvements in CDBG Target Areas
Funding CDBG: $165,500
Description The City of Gilroy's public works department will design and install new sidewalk (gap closures) and curb
ramps, both new and replacement on non-compliant existing ramps. The improvements will take place
on Monterey Road near Monterey Gateway Senior Apartments. Monterey Gateway is a newly
constructed, low-income apartment complex for seniors. The City received a letter from HUD expressing
concerns with the ability of residents of the apartment complex to safely walk from the apartments to
stores and other services further down Monterey Road. To address these safety concerns, CDBG funds
will pay for the work necessary to create safe pedestrian pathways. HUD Matrix Code: 03K Street
Improvements / National Objective: LMA (Census Tract 5125.09 Block Group 1, LOW/MOD 63.81%)
8.1.a
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
1,825 low mod households located with the census tract and block group identified above. This
improvement will also have a significant impact on the senior population that resides in the senior
complex apartments adjacent to the improvements.
Location Description Monterey Road, Adjacent to Monterey Gateway Senior Apartments, in Gilroy, CA
Planned Activities The City of Gilroy's public works department will design and install new sidewalk (gap closures) and curb
ramps, both new and replacement on non-compliant existing ramps. The improvements will take place
on Monterey Road near Monterey Gateway Senior Apartments. Monterey Gateway is a newly
constructed, low-income apartment complex for seniors. The City received a letter from HUD expressing
concerns with the ability of residents of the apartment complex to safely walk from the apartments to
stores and other services further down Monterey Road near the intersection of Monterey and 10th
Street. To address these safety concerns, CDBG funds will pay for the work necessary to create a safe
pedestrian pathways. HUD Matrix Code: 03K Street Improvements / National Objective: LMA (Census
Tract 5125.09 Block Group 1, LOW/MOD 63.81%)
6 Project Name Program Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed
Funding CDBG: $94,000
Description CDBG funds (20% of grant allocation) will be used to pay for staff time and consultant time related to the
overall management and oversight of the CDBG Program. HUD Matrix Code: 21A General Program
Administration
Target Date 6/30/2023
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Estimate the number and
type of families that will
benefit from the proposed
activities
Program Administration for the CDBG Program
Location Description N/A
Planned Activities CDBG funds (20% of grant allocation) will be used to pay for staff time and consultant time related to the
overall management and oversight of the CDBG Program.
HUD Matrix Code: 21A General Program Administration
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and
minority concentration) where assistance will be directed
The City will continue to utilize CDBG funding to support citywide efforts that meet the needs of the
community. This year the City will be focus on activities and programs that benefit “city-wide” as the
City did not review their NRSA with HUD. This area still remains a target area for the City, however, the
City recognizes that it does not meet the HUD “definition” of an NRSA.
Geographic Distribution
Target Area Percentage of Funds
CDBG Target Area
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The City as a whole meets the city wide LMA definition as it exceeds 51%. The City has also maintained
an NRSA, at the local level, where the greatest need has been identified. All public services and housing
activities will service LMI households citywide.
Discussion
See above
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AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The City is subject to the same barriers to affordable housing that exist across the Bay Area. These issues include the high cost of development,
constraining the development of affordable housing units in favor of higher-end units, and the lack of developable land, which prevents housing
development and increases the price of land.
Additionally, the County’s Assessment of Fair Housing identified the following contributing factors to fair housing issues, including affordable
housing, through analysis of data and community engagement feedback:
• Displacement of residents due to economic pressures
• Land use and zoning laws
• Source of income discrimination
• Community opposition
• Availability, type, frequency, and reliability of public transportation
• Lack of access to opportunity due to high housing costs
• Lack of affordable, accessible housing in a range of unit sizes
• Lack of affordable housing for individuals who need supportive services
• Lack of assistance for housing accessibility modifications
• Lack of resources for fair housing agencies and organizations
• Location and type of affordable housing
• Loss of affordable housing
• Private discrimination
The most relevant contributing factor to the City of Gilroy’s barrier to affordable housing is the high cost of land and lack of funding for
affordable housing. Survey results also identified discrimination as a barrier to acquiring affordable housing. Respondents expressed that they
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were discriminated against on the basis of sex, familial status, or other reasons.
Actions it planned to remove or ameliorate the negative effects of public p olicies that serve as barriers to affordable housing such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, a nd
policies affecting the return on residential investment
In its 2015-2023 Housing Element update, the City of Gilroy identified opportunities and potential solutions for providing housing:
• Develop a task force for development plans for housing.
• Day laborers can call the Compassion Center and Maria Day Worker Center in Mountain View to get more information.
• More money for affordable housing; partner with the County and City for housing money.
• San Francisco is seeing micro units (small units with a bedroom and the rooftop garden is the “family room”). This type of housing could
work in Gilroy’s climate. The City could do a study of micro units and revise the zoning code to allow them.
• High-density housing in the downtown area has been well received by the community because it supports businesses downtown.
• At the County level, CDBG money is used for grants for housing rehabilitations (about 10 homes/year); the Planning Department reaches
out to owners with code issues.
• Homeowner Rehabilitation Program funded with CDBG funds.
Discussion
See above
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
This section discusses the City's efforts in addressing underserved needs, developing the institutional
structure for delivering housing and community development activities, and expanding and preserving
affordable housing opportunities.
Actions planned to address obstacles to meeting underserved needs
The Needs Assessment and Market Analysis of the 2020-2025 Consolidated Plan helped develop the
City’s priority needs for low- and moderate-income (LMI) persons, persons experiencing homelessness,
special needs populations, and community development needs.
Actions planned to foster and maintain affordable housing
Rebuilding Together Silicon Valley will receive CDBG funds which will be used to provide minor
rehabilitation projects for LMI homeowners and renters. These rehabilitation projects are for
homeowners and renters who otherwise could not afford to make critical repairs in their homes, thus
potentially resulting in health and safety issues that could cause a home to become uninhabitable and
may lead to homelessness. Additionally, a home that lacks proper accessibility for its owner may lead to
a serious accident that could cause an even larger physical and financial burden.
Actions planned to reduce lead-based paint hazards
The City provides information about lead-based paint hazards at the Community Development counter
and inspects properties being rehabilitated or acquired for affordable housing.
Additionally, any homeowner/rental units that participate in Rebuilding Together Silicon Valley’s
affordable housing project will be assessed for possible lead-based paint prior to rehabilitation.
Actions planned to reduce the number of poverty-level families
The City works to reduce the number of poverty-level families through all projects by making the
projects available to LMI households citywide. Some projects were created to address the need of
expanding economic opportunities for lower-income people and others may offer additional benefits in
reducing poverty, simply by way of design.
• The Live Oak Adult Day Services program provides recreation and socialization for persons who
are unable to live independently. This program allows their caretakers to go to work during the
hours that the program is open. Were it not for this program, the caretaker may not be able to
earn an income for the household because the person using the day program does not have
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anywhere else to go during that time.
• The Rebuilding Together Silicon Valley Rebuilding Home Repair, Housing Rehabilitation and
Accessibility Modification program will aid extremely/ low-income homeowners and renters in
making necessary health and safety and accessibility repairs to their homes that they otherwise
would not be able to afford and which may otherwise may lead to uninhabitability and then
homelessness.
• The City of Gilroy Recreation Division's Gilroy Youth Center program provides an after-school
program and summer day camp programs to keep youth in the area engaged while their parents
are at work for the day.
Actions planned to develop institutional structure
The City is financially constrained and cannot meet all the needs identified in the Needs Assessment;
however, the City continues to enter into partnerships with nonprofits to strategically meet some needs
of the community. An especially pressing issue is meeting the needs of the City’s growing homeless
population. The City will continue to work with nonprofits to meet the needs of its homeless individuals,
as well as focus grants and other funding sources towards aiding homeless families in the City
Actions planned to enhance coordination between public and private housing and social
service agencies
Local nonprofits are partnering with sister city Morgan Hill to operate a Safe Parking Program for South
County. Morgan Hill has developed and fine-tuned an operational model that could be replicated in
Gilroy. These nonprofits are also developing camping programs that are run out of county campgrounds
outside of the city limits.
Discussion
See discussion above
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
The City will continue to collect additional revenue to support the actions noted in the AAP. Program
Income is collected from various sources to include repayment of past rehabilitation loans, rents from
city-owned properties that were improved with CDBG and local Housing Trust Fund funds and bank
interest.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the next
program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to
address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not
been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income. Overall Benefit - A consecutive period of one, two
or three years may be used to determine that a minimum overall benefit of 70% of CDBG
funds is used to benefit persons of low and moderate income. Specify the years covered
that include this Annual Action Plan. 100.00%
Discussion
The City will attempt to meet an overall benefit of 100% for this Annual Action Plan which will be for one
year. The overall benefit will be measured for PY 2022.
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CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
From:Tristia Bauman
To:City Clerk
Subject:EXTERNAL - Fund the South County Compassion Center
Date:Wednesday, May 4, 2022 10:41:58 AM
Attachments:Outlook-2Q==.png
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Hello,
My name is Tristia Bauman, and I am a resident of Gilroy, CA. I am also the senior attorney at
the National Homelessness Law Center and have become familiar with the South County
Compassion Center in my professional and personal capacities. I write to provide my strong
recommendation that the Compassion Center be funded by available CDBG and HTF funding.
The Compassion Center is a critical resource for our Gilroy community. They not only serve
our poorest and most vulnerable neighbors, but they also help to mitigate the effects of
unsheltered homelessness in our community by helping people meet their basic human needs
and access housing. The Compassion Center has a proven track record of moving around 100
people from homelessness to homes each year. That work is invaluable, for the people served
and for the quality of our community. There is no other service provider in south Santa Clara
County that offers their vital services.
The Compassion Center uses its resources efficiently, and it fulfills its contract obligations.
Reducing funding to the Compassion Center at a time when unsheltered homelessness is
dramatically increasing will only result in more people living outside, more burden on our
emergency services infrastructure, more suffering by our poorest residents, and more
complaints about unsheltered homelessness in the City of Gilroy.
The Compassion Center is a good investment, and I urge you to support their work with
available federal funding.
Sincerely,
Tristia
Tristia Bauman (she/her) | Senior Attorney
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Packet Pg. 219 Attachment: Public Comment - Tristia Bauman (3792 : Continuation of CDBG and HTF Grant Award and Annual Action Plan)
2Q==
a: 2000 M Street NW, Suite 750-E, Washington, DC 20036
e: tbauman@nlchp.org | w: homelesslaw.org
p: 202-638-2535 Ext. 102
This information is not offered as legal advice and should not be used as a substitute for seeking
professional legal advice. It does not create an attorney-client relationship with you. The information
may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited. If you think that you have received this
electronic transmission in error, please contact the sender at 202-638-2535.
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Packet Pg. 220 Attachment: Public Comment - Tristia Bauman (3792 : Continuation of CDBG and HTF Grant Award and Annual Action Plan)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of a Resolution Authorizing the Enforcement of
Assembly Bill No. 1276 Prohibiting Food Facilities from Providing
Any Single-Use Foodware Accessory or Standard Condiment
Under Certain Conditions
Meeting Date: May 16, 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
Council adopt the resolution.
BACKGROUND
On October 5, 2021, Assembly Bill 1276 (AB 1276) was adopted and approved by the
State of California. In summary, AB 1276 places into effect the following regulations
about single-use foodware accessories (i.e. stirring sticks, straws, chopsticks, etc.) and
condiments:
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• A food facility shall not provide single-use foodware accessories or condiments
packaged for single-use unless requested by the customer.
• Food facilities are allowed to ask customers in drive-through and walk-through
dining establishments if they want condiments or accessories.
• Food facilities that use a third-party delivery service must modify their menu to
allow customers to select foodware accessories or condiments in their order.
• Cities are required to authorize an enforcement agency to enforce these
provisions.
The only requirements imposed by the legislation on the City is to authorize an
enforcement agency to enforce the provisions of this law.
ANALYSIS
To attain compliance with AB 1276’s requirements on cities, the City must adopt a
resolution to authorize an “enforcement agency” to enforce this chapter. Nothing in the
bill identifies what enforcement agencies are to be available to enforce the legislation,
nor any requirements on how to enforce it, only a set amount for violations listed in the
law. The requirement is for the authorization to be made by June 1, 2022. In
consultation with Morgan Hill’s Environmental Services Division, the recommendation is
to make each City the authorized enforcement agency to attain compliance in time for
the deadline as established in AB 1276.
The resolution authorizes the Community Development Director, or their designee(s) to
enforce AB 1276 as the Community Development Department contains the City’s Code
Enforcement Division. Enforcement will be complaint-based due to other higher priority
health and safety regulations that they Community Development enforces. The
legislation does not direct any particular level of enforcement only that cities are to
authorize an enforcement agency.
ALTERNATIVES
None. Staff is not aware of any other enforcement agency that would enforce this
provision of state law, and the bill requires cities to authorize an enforcement agency by
June 1, 2022. If the City later becomes aware of an alternative enforcement agency
enforcing the provisions of AB 1276, the City may authorize that agency via resolution.
FISCAL IMPACT/FUNDING SOURCE
None. The action today is only authorizing an enforcement agency to enforce this
section. It does not direct any specific activities or levels of enforcement to be done by
the enforcement agency. Any enforcement activity conducted by the City will be done
via the Code Enforcement Division, and only within the existing resources of the
division.
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CONCLUSION
AB 1276 requires cities by June 1, 2022 to authorize an enforcement agency to enforce
the bill’s provisions. There are no other enforcement agencies known that pertain to
single-use foodware distribution. By adopting the resolution, the City will authorize itself
to enforce the bill, and therefore meet the authorization deadline.
PUBLIC OUTREACH
The City is not required by this legislation to conduct any public outreach on the
regulations for the single-use food ware accessories and condiments provided by food
facilities.
Attachments:
1. Draft Resolution
2. Bill Text - AB-1276 Single-use foodware accessories and standard condiments_
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE ENFORCEMENT OF
ASSEMBLY BILL NO. 1276 PROHIBITING FOOD
FACILITIES FROM PROVIDING ANY SINGLE-USE
FOODWARE ACCESSORY OR STANDARD
CONDIMENT UNDER CERTAIN CONDITIONS
WHEREAS, the City of Gilroy (“City”), is a municipal corporation duly organized and
existing under and pursuant to the Constitution and laws of the State of California (“City”); and
WHEREAS, The California State Legislature has recognized that littered plastic products
have caused and continue to cause significant environmental harm and has enacted Assembly Bill
No. 1276 (“AB 1276”), which prohibits food facilities from providing any single-use food ware
accessory or standard condiment to a consumer unless requested by the consumer; and
WHEREAS, the State of California requires cities to on or before June 1, 2022, authorize
an enforcement agency to enforce the provisions of AB 1276 (California Public Resources Code
Section 42270 - 42273); 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 find, determine, resolve and order as follows:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and
or direct as follows:
1. Authorizes the Community Development Director and/or their designee(s) to serve as
the enforcement agency for the City of Gilroy.
Section 3. This resolution shall take effect immediately upon adoption.
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Packet Pg. 224 Attachment: Draft Resolution (3782 : AB 1276 Single-Use Foodware Accessories and Condiments)
Resolution No. 2022-XX
Enforcement of AB 1276
City Council Regular Meeting | May 16, 2022
PASSED AND ADOPTED this 16th day of May, 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
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Packet Pg. 225 Attachment: Draft Resolution (3782 : AB 1276 Single-Use Foodware Accessories and Condiments)
5/3/22, 9:03 AM Bill Text - AB-1276 Single-use foodware accessories and standard condiments.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1276 1/4
SHARE THIS:Date Published: 10/06/2021 09:00 PM
AB-1276 Single-use foodware accessories and standard condiments.(2021-2022)
Assembly Bill No. 1276
CHAPTER 505
An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with
Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public
Resources Code, relating to solid waste.
[ Approved by Governor October 05, 2021. Filed with Secretary of State
October 05, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1276, Carrillo. Single-use foodware accessories and standard condiments.
Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined,
to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified
state and local health and environmental health officers and their agents. Existing law specifies that the first and
2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction
punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual
total of $300.
This bill would instead prohibit a food facility from providing any single-use foodware accessory or standard
condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit
those items from being bundled or packaged in a way that prohibits the consumer from taking only the item
desired. The bill would authorize a food facility to ask a drive-through consumer, or a food facility located within
a public airport to ask a walk-through consumer, if the consumer wants a single-use foodware accessory in
specified circumstances. The bill would require a food facility using a third-party food delivery platform to list on
its menu the availability of single-use foodware accessories and standard condiments and only provide those
items when requested, as provided. The bill would exclude from these requirements correctional institutions,
health care facilities, residential care facilities, and public and private school cafeterias.
This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement
agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions
result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each
day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional
duties on local governing bodies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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10.1.b
Packet Pg. 226 Attachment: Bill Text - AB-1276 Single-use foodware accessories and standard condiments_ (3782 : AB 1276 Single-Use Foodware
5/3/22, 9:03 AM Bill Text - AB-1276 Single-use foodware accessories and standard condiments.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1276 2/4
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a
specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates
determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public
Resources Code is amended to read:
CHAPTER 5.2. Single-Use Foodware Accessories and Condiments
SEC. 2. Section 42270 of the Public Resources Code is amended to read:
42270. For purposes of this chapter, the following definitions apply:
(a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
(b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and
sanitizing.
(e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat
food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks.
(2) Chopsticks.
(3) Condiment cups and packets.
(4) Straws.
(5) Stirrers.
(6) Splash sticks.
(7) Cocktail sticks.
(f ) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional
preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise,
soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety
Code.
SEC. 3. Section 42271 of the Public Resources Code is amended to read:
42271. (a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a
third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment
packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is
requested by the consumer.
(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities
for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only
the type of single-use foodware accessory or standard condiment desired without also having to take a different
type of single-use foodware accessory or standard condiment.
(c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if
the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent
10.1.b
Packet Pg. 227 Attachment: Bill Text - AB-1276 Single-use foodware accessories and standard condiments_ (3782 : AB 1276 Single-Use Foodware
5/3/22, 9:03 AM Bill Text - AB-1276 Single-use foodware accessories and standard condiments.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1276 3/4
spills of or safely transport ready-to-eat food.
(d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the
Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware
accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or
to prevent spills of or safely transport ready-to-eat food.
(e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use
foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize
its menu with a list of available single-use foodware accessories and standard condiments, and only those single-
use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility.
If a consumer does not select any single-use foodware accessories or standard condiments, no single-use
foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
(f ) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories
available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for
single-use foodware accessories to be obtained.
(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer
using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers
standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged
for single use.
(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from
adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food
delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section
that support a goal of reducing the use of and waste generated by all single-use food service products.
SEC. 4. Section 42272 is added to the Public Resources Code, to read:
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to
enforce this chapter.
(b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent
violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation,
but not to exceed three hundred dollars ($300) annually.
SEC. 5. Section 42273 is added to the Public Resources Code, to read:
42273. This chapter does not apply to any of the following:
(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
(b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division
2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed
pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and
Safety Code.
(d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of
the Health and Safety Code.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency or school district because, in that regard,
this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California Constitution.
10.1.b
Packet Pg. 228 Attachment: Bill Text - AB-1276 Single-use foodware accessories and standard condiments_ (3782 : AB 1276 Single-Use Foodware
5/3/22, 9:03 AM Bill Text - AB-1276 Single-use foodware accessories and standard condiments.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1276 4/4
However, if the Commission on State Mandates determines that this act contains other costs mandated by the
state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
10.1.b
Packet Pg. 229 Attachment: Bill Text - AB-1276 Single-use foodware accessories and standard condiments_ (3782 : AB 1276 Single-Use Foodware
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve a School Resource Officer Memorandum of
Understanding for Fiscal Year 2022-2023
Meeting Date: May 16, 2022
From: Jimmy Forbis, City Administrator
Department: Police Department
Submitted By: Pedro Espinoza
Prepared By: Pedro Espinoza
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 City
Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified
School District for two school resource officers, including cost sharing, for fiscal year
2022-2023.
EXECUTIVE SUMMARY
The City of Gilroy (City) and the Gilroy Unified School District (GUSD) have an
established School Resource Officer (SRO) Program, and partnerships dating back to
1985. The SRO’s primary role in schools is to maintain school campus safety, build and
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support the well-being of youth, positive student and family engagement, safety training,
and an on-site resource for students and staff in crisis.
At the October 7, 2021 Gilroy Unified School District Board of Education meeting, board
members voted to renew the School Resource Officer (SRO) Program for FY22 and at
the November 15, 2021 City of Gilroy City Council meeting, City Council adopted a
resolution to share the costs of two SRO’s for FY22 and authorize the City Administrator
to execute the Memorandum of Understanding (MOU) with the Gilroy Unified School
District.
Most recently, at the April 21, 2022 Gilroy Unified School District Board of Education
meeting, board members voted to renew the SRO Program for FY23. Staff is requesting
the City Council to authorize the City Administrator to execute a MOU between the City
and GUSD to continue this partnership for FY23.
BACKGROUND
The SRO Program consists of two police officers dedicated to the school resource
function of maintaining school campus safety. The officers are tenured officers that are
specially trained and were carefully selected with the participation of the GUSD
Superintendent.
The MOU includes six best practice primary purposes for having police services on
school campuses and adds to a balanced approach to provide a positive and safe
school environment. The six principles of the SRO Program adopted in FY2022 include:
1. Maintain a safe and secure campus for both students and staff.
2. Preserve life and property in a manner which promotes community.
3. Develop positive relationships with students, staff and community.
4. Support GUSD staff in securing and transporting of prohibited confiscated items
that are illegal to have on campus under California State Law.
5. Divert youth away from the criminal justice system through Restorative Justice
programming.
6. Connect youth with mental health behavior services.
ANALYSIS
GUSD has a comprehensive plan to keep students safe at school and one piece of the
plan includes the renewal of the contract with the City for an SRO Program. The
benefits of the SRO Program includes enhancing public safety, maintaining safe and
secure school campuses, building positive relationships with students and staff,
diverting youth from the criminal justice system through restorative justice guiding
principles, and connecting youth with mental health behavioral services.
ALTERNATIVES
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Reject the recommendation to continue participation in a MOU. This is not
recommended. Should an incident arise that requires law enforcement, patrol officers
will respond to the call for service from the school or school district, but not provide the
other services and purposes that an SRO program typically provides.
FISCAL IMPACT/FUNDING SOURCE
This MOU would provide cost sharing from GUSD paying part of the two SROs cost.
The full salary of two SROs for FY23 is $514,643. GUSD’s portion (50%) of the cost is
$257,321.50
The City’s share of the SROs costs was included in the FY23 adopted budget as the
SRO program will be staffed with the current officer workforce.
Attachments:
1. Draft Resolution
2. 2022-2023 SRO MOU
3. Attachment A FY23
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE CITY
ADMINISTRATOR TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF GILROY AND GILROY
UNIFIED SCHOOL DISTRICT FOR TWO SCHOOL
RESOURCE OFFICERS, INCLUDING COST SHARING,
FOR FISCAL YEAR 2022-2023
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully
examined, considered, and adopted the same on June 7, 2021; and
WHEREAS, the City of Gilroy and the Gilroy Unified School District wish to continue
the School Resource Officer Program,
WHEREAS, the Gilroy Unified School District agreed to participate in a Memorandum
of Understanding for the Fiscal Year 2022-2023 school year and agree to share the costs associated
with the School Resource Officer Program.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy
authorizes the City Administrator to enter into an agreement between the City of Gilroy and the
Gilroy Unified School District to provide two School Resource Officers.
PASSED AND ADOPTED this 16th day of May 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
10.2.a
Packet Pg. 233 Attachment: Draft Resolution (3771 : SRO Approval FY23)
10.2.b
Packet Pg. 234 Attachment: 2022-2023 SRO MOU (3771 : SRO Approval FY23)
10.2.b
Packet Pg. 235 Attachment: 2022-2023 SRO MOU (3771 : SRO Approval FY23)
10.2.b
Packet Pg. 236 Attachment: 2022-2023 SRO MOU (3771 : SRO Approval FY23)
10.2.b
Packet Pg. 237 Attachment: 2022-2023 SRO MOU (3771 : SRO Approval FY23)
10.2.b
Packet Pg. 238 Attachment: 2022-2023 SRO MOU (3771 : SRO Approval FY23)
Gilroy Police Department
School Resource Officer
Position:
Year:
EmplID: 485267 EmplID: 407187
Calculation Type Annual Annual
FTE 1 1
Total Regular Hours 2,079.96 2,079.96
Total Base Salary 118,968.00 124,904.00
Holiday Pay 7,356.00 7,723.00
Master Officer Pay 5,774.00 5,774.00
Uniform Allowance 1,400.00 1,400.00
Education Incentive 8,661.00 9,093.00
Deferred Comp 360.00 360.00
RMT Benefit 2,700.00 2,700.00
PERS 73,966.00 74,384.00
Medicare 2,016.00 2,028.00
Cafeteria Plan (Health)30,560.00 30,560.00
Life Insurance 22.00 22.00
Employee Assistance Program 169.00 169.00
Unemployment Insurance 1,334.00 1,400.00
Safety Disability 420.00 420.00
Total Employee Cost 253,706.00 260,937.00
253,706.00 260,937.00
50%50%
50% Salary & Benefits 126,853.00 130,468.50
Gilroy Unified School District 257,321.50
Police Officer
Fiscal Year 2022-2023
Attachment A
10.2.c
Packet Pg. 239 Attachment: Attachment A FY23 (3771 : SRO Approval FY23)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of Comprehensive User Fee Study Update
Meeting Date: May 16, 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
Receive report.
EXECUTIVE SUMMARY
As part of its FY22 and FY23 workplan, staff is completing an update to the City’s
Comprehensive User Fee Schedule which was last adopted in 2014. The fee schedule
establishes user fees charged for services rendered by various departments. The fee
schedule report is being finalized and the draft report will be made available for the
public and presented to the City Council in June, and subsequently will be brought back
for a public hearing to formally adopt the updated fee schedule.
BACKGROUND
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The City’s current fee schedule was last updated and adopted in 2014. In 2019, the City
initiated a comprehensive user fee study update (the “study”) as part of its workplan.
However, in 2020 the project was paused due to the onset of the COVID-19 pandemic
which shifted the City’s priorities to addressing the challenges brought on by the
pandemic. As part of the current biennial budget development process, staff included
the completion of the user fee study project in its workplan. Over the last 10 months,
staff re-engaged with the consultant (Willdan Financial Services), reviewed the 2019
draft fee study schedules, and worked with various departments to adjust the
calculations based on budget and level of effort. This was needed as the 2019 update
was based on pre-pandemic levels of staffing and service budgets.
ANALYSIS
The study’s objective is to help determine the full cost of the services the City provides.
The total cost of each service included in the analysis is based on the full cost of
providing the service, including direct salaries and benefits, direct departmental costs,
and indirect costs from central support services. The scope of the study encompasses a
review and calculation of fees charged by the following departments and fee groups:
Administration, Finance, Wastewater, Building, Planning, Public Works, Recreation,
Police and Fire.
Process and Methodology
The City is made up of various departments, each with its own purpose and
function. Departments that provide support internally to other City departments
are generally referred to as central services. Examples of these include City
Council, City Administrator, City Attorney, City Clerk, Communications and
Engagement, Human Resources, and Finance. These departments perform
various functions that provide support to other operating departments including
Fire, Police, Community Development, and Public Works. The first step in
updating the fee study is to develop a Cost Allocation Plan (CAP), which is used
to determine the appropriate allocation of costs from the central service
departments to the operating departments and to ensure allowable versus
unallowable costs are in accordance with standard and accepted cost allocation
principles. These are often referred to as indirect costs or indirect overhead.
Next, the consultant and staff identify direct overhead for the operating
departments which include supplies, materials, and other direct overhead costs
within the respective department’s budget. The indirect cost and the direct
overhead costs are then averaged into the hourly rates for each employee
position.
The City’s user fee calculations are mostly time-based, except for select fees
which are either capped by legislation or follow the industry standard. In other
words, fees are developed by determining the amount of time that each position
works on a particular service rendered, multiplied by the average fully burdened
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hourly rate for that position. This approach has been applied for most
departmental user fees except for Building Permits and the Recreation division’s
programmatic fees which are discussed further below.
Below is an illustrative example:
Building Permit Fees
For the building permit fees, the valuation-based method is utilized. The City’s
current practice, also the industry standard, for assessing building permit fees is
to utilize the International Code Council’s (ICC) building valuation data table
which provides the average construction costs per square foot. This is a common
methodology used by jurisdictions in determining permit fees. Building permit
fees are based on the valuation of the project, to reflect the amount of work to be
completed in reviewing the project. The larger the project, the higher the
valuation. Since larger projects require more staff time for review and
inspections, the fees escalate with the valuation to ensure the project pays for its
use of City resources, such as staff time, in permitting the project. No changes
will be recommended to this method, except for utilizing the most current ICC
building valuation data table.
Recreation Fees
Since 2014, the Recreation program fees, excluding facilities and park rentals,
have been established each season at the time that the recreation activity guide
is prepared. The fees are typically adjusted based on market analysis which
considers fluctuations and trends in participation rates, which helps to attain
maximum cost recovery. As part of the General Fund Fiscal Recovery Plan
instituted in 2020, the City Council fundamentally changed how the Recreation
division provides services. The General Fund contribution towards recreation
was reduced from $2.7 million to $1.5 million annually. Additionally, a new
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approach was established that the $1.5 million would be expended on programs
that serve the needs of the City’s vulnerable population(s). Those programs
include adaptive, special needs, Senior Center, Youth Center, and volunteer
programs, as well as park and facility reservations. Any new programs identified
by the Division requires the City Administrator’s approval and must either be
accommodated within the existing $1.5 million funding or demonstrate 100% cost
recovery for consideration. The facilities and park rental fee group will be
included on the City’s updated user fee schedule.
Removal and Addition of Fees
Included in the comprehensive fee study update was a process of identifying
services that the departments are currently performing for which a current fee
does not exist. Departments also reviewed existing fees to see if any are
obsolete. As a result of this process, existing fees that are obsolete will be
recommended to be removed, and new fees for which a fee did not previously
exist will be added.
Inflationary Factor
Since most of the City’s user fees are time-based, it is recommended that City
Council include an inflationary factor in the resolution adopting the fee schedule.
As labor effort and costs associated with the provision of the service fluctuate
over time, having an inflationary factor affords the flexibility for the fee schedule
to remain current. The City can employ different approaches to inflationary
factors. The commonly used inflator is a form of Consumer Price Index (CPI). As
such, staff will be recommending an index to be utilized to annually adjust the fee
schedule. Building permit fees will be recommended to be adjusted at the release
of the ICC’s building valuation data table.
City Code Amendments via Ordinance
The City Code contains language pertaining to levels of cost recovery for fee-
based services, as well as the definition of what is to be included for such cost
analysis. Staff will be bringing forward some clean-up language to the Code that
aligns it with current and best practice. For example, current language requires
Council to annually approve a fee schedule, which has not been the practice.
While staff will recommend the fee schedule be adjusted annually by CPI, the full
scaled comprehensive fee study is generally conducted at a lesser frequency,
every three to five years. Further, it is recommended the definition of costs to be
included be revised to generally exclude debt service and capital expenses if it
cannot be directly ascribed to the service being provided as doing so could inflate
the department’s expenses which can result in higher fully burdened hourly rates
used in the time-based calculation.
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The City Code’s Chapter 7, Section 7.4 provides for cost recovery percentage for
all product and services at 100% across all departments, except for recreation
programs which vary from 20% to 100% depending on the program. As
previously mentioned, as part of the General Fund Fiscal Recovery Plan
instituted during 2020, the City Council performed a reset of the Recreation
Division’s service levels and established any new programs to be 100% cost
recovery. Staff will propose Code changes that effectuate this change and direct
any future recreation programs and related fees be adjusted at the time the
program offering is made available based on market analysis and as approved
by the City Administrator.
FISCAL IMPACT/FUNDING SOURCE
The cost for the user fee study to update the 2019 study is $7,500 and is included in the
Finance Department’s adopted FY22 budget. Various departments have contributed
efforts to review and update the fee calculation models and the work was
accommodated within their respective department’s workplan.
NEXT STEPS
The report will be introduced and presented to the City Council in June and
subsequently will be brought back for a public hearing for formal adoption via resolution.
PUBLIC OUTREACH
Staff will release the draft user fee study report to the public, especially the developer
community, to solicit feedback.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Receive an Update on the Refinancing Pension Obligations Project
and Approval of Issuance of the Pension Obligation Bonds
Meeting Date: May 16, 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
1. Receive an update.
2. Direct staff to refinance the pension obligation via issuance of pension obligation
bonds.
BACKGROUND
Since 2014, the City’s unfunded accrued liability (“UAL”) for its California Public
Employees Retirement System (CalPERS) Miscellaneous and Safety Plans has grown
69%, from $58.5 million to $99 million. This UAL represents the shortfall/gap between
what is needed to pay retiree benefits versus how much in current assets the City has in
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its accounts with CalPERS. As shown in Figure 1 below, the annual payments made to
amortize the existing CalPERS UAL have grown rapidly from about $2.4 million in FY
2014 to over $7.0 million in FY 2022 and are projected to grow to over $11.0 million by
FY 2031 based on the current actuarial report.
Figure 1. City of Gilroy Current UAL Payments
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
$10.0
$11.0
$12.0
2014201520162017201820192020202120222023202420252026202720282029203020312032203320342035203620372038203920402041204220432044204520462047204820492050MillionsCurrent UAL Payments
In recent years, the City Council has taken actions to address the issue of rising
pension costs by:
• Establishing and initially funding a Section 115 Trust for future pension costs
• Directing staff to make prepayments of the annual UAL amount and transferring
any realized savings to the pension trust
• Directing staff to transfer up to 25% of annual year-end savings in the General
Fund to the pension trust, subject to approval of the City Council
• Including in its strategic priorities to explore the refinancing of pension obligations
at lower interest rates via Pension Obligation Bonds (POB) and conducted a
related study session
• Granting initial authorization to proceed with the issuance of POBs and related
judicial validation process
• Formally adopting a Pension Funding Policy in April 2022
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Staff is now returning to provide an update on the POB analysis, current market
conditions and seeking final approval to proceed with the issuance of the POBs.
ANALYSIS
The City Council last received an update on the POBs on March 21, 2022, when it
reviewed the draft pension funding policy. At the time, the judicial validation process
was still underway. Since then, the judicial validation process has been completed,
resulting in a favorable judgement for the City to proceed.
As previously shared with Council, the Federal Open Market Committee (FOMC) of the
Federal Reserve has communicated that it plans on raising federal funds interest rate
during 2022 and has instituted two rate hikes thus far. In anticipation, the markets
continue to price these in and as a result the interest rates continue to increase. The
previous analysis (March 2022) estimated the interest rates to be between 4.06 –
4.21%, with estimated $1.7 - $2.4 million in average annual savings on a $77 million
funded UAL. The interest rates on a potential public offering have since increased and
are now estimated above 5%. The recently adopted Pension Funding Policy, which
contains various guidelines for issuing the POBs, outlines the interest rate on the POBs
shall be at least 2% less than the current CalPERS discount rate. CalPERS current
discount rate is 6.8%, as such, the maximum interest rate on the POBs shall be 4.8%.
The financing team believes this goal may still be achievable, however the window of
opportunity continues to narrow. With estimated public offering rates above 5%, the
financing team is actively exploring the option of directly placing the POBs with a bank
(private placement). This option for other public agencies has generally provided lower
interest rates than from a public offering sale in recent months. The team’s objective
would be to secure a term sheet from an interested bank in which the City can lock in an
interest rate at or under 4.8% if that is possible. While there are many interested banks
in a strong credit like the City of Gilroy, the proposed term of 22 years and size of $98
million are a bit outside the ideal lending terms for most banks (under $25 million and
under 20 years).
At the March 21, 2022 meeting, staff also expressed concerns regarding the broader
markets being down and the possibility of CalPERS experiencing a lower than expected
or a negative investment return for the current fiscal year. This concern seems to be
inching closer to a reality as we approach the fiscal year end. Given the current market
environment, absent any significant improvements in the market from here through June
30th, the financing team believes CalPERS will likely underperform.
For FY21, CalPERS posted strong investment returns of 21.3%, which are projected to
decrease the City’s UAL from $99 million to between $75 - $77 million in the upcoming
actuarial valuation report. This is the amount that staff has been analyzing thus far. With
the likelihood of CalPERS underperforming, the financing team analyzed the impact of a
-2% investment return for FY22 on the City’s UAL, which was estimated as of the week
of May 2nd. The analysis shows if CalPERS were to experience a -2% return, the City’s
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UAL would increase to approximately $98 million. Staff further analyzed what a $98
million refinancing structure would yield. Below is an updated analysis comparing both
sizes of UAL funded amounts. The analysis estimates the interest rate to be 4.8%, with
the average annual savings yield to be $2.1 million and $2.4 million, for a $75 million
and $98 million refinanced amount, respectively. As of the week of May 9th,
expectations for the CalPERS FY22 investment performance have lowered to -3% to -
4%, but the final results won’t be known until June 30, 2022.
Since the City’s current UAL based on the current actuarial valuation report is $99
million, the City can technically refinance an amount up to $99 million. The timing of the
refinancing being closer to fiscal year end puts the City in a unique position. Provided
the underwriter can negotiate a favorable term sheet which locks in the interest rate, the
City can then wait until June to determine an amount to be refinanced based on the
then market conditions and an estimate of where CalPERS might end the fiscal year for
investment returns. However, the amount cannot exceed $99 million. For example, if
CalPERS investment returns are worse than -2%, the City’s UAL would likely increase
to $100 million or higher. Only $99 million of the $100 million or higher amount though
could be converted to lower interest rate POB debt and would leave some UAL
outstanding with CalPERS.
Risk Analysis/Stress Testing
The above analysis discusses the updated refinancing structure and the current market
environment. Equally important is to analyze the reinvestment risks after the
refinancing.
As previously discussed with Council, the actual savings from the restructuring will be
dependent on two factors – the actual interest rates at the time of issuance and future
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CalPERS returns after refinancing. As a rule of thumb, the City will be better off if
CalPERS earns above the POB interest rate (4.8%) over the term of the debt. While
past performance does not guarantee future results, CalPERS historical returns are
6.9% on average over the last 20 years and 8.5% over the last 30 years.
It is very likely the City will accrue an UAL in the future. To mitigate against future UALs,
the Council’s adopted Pension Funding Policy requires any realized savings from the
refinancing to be directed to bolster the section 115 pension trust and established a $12
million reserve target in the trust. Based on preliminary projections completed by staff
and NHA, the City anticipates funding its section 115 trust balance to its goal of $12
million by 2027 from the estimated POB savings, at which time Council would revisit the
policy.
The financing team has further performed a stress testing process to better understand
the impacts of potential poor investment performance by CalPERS on potential POB
savings. Per the graphic below, estimated present value (PV) savings from the POB
could reach breakeven (close to $0) with sustained CalPERS investment performance
of 5% through the term of the bonds (lower than the 6.8% discount rate) or an
immediate market underperformance of about -10% in FY23 with annual returns of
6/8% thereafter.
However, even under a dire hypothetical situation of -10% returns in FY23, it is currently
anticipated that the City would still see cash flow savings benefit over the next 13 years
from executing a POB (i.e.: payments would be lower having issued the POB than if
City had not, even if the market dropped negative 10% in FY23).
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At the May 16th meeting, Staff expects to share an update on which banks, if any, are
interested in the City’s POB offering under favorable terms, including an interest rate at
or under 4.8%.
Staff recommends moving forward with the refinancing of the pension obligations at this
time, provided the financing team is able to secure favorable terms with the private
placement option which includes an interest rate at or under 4.8%.
ALTERNATIVES
The City Council could direct staff to not proceed with refinancing the pension
obligations at this time. The validation process has been complete and does not expire.
Therefore, the City Council could decide to wait to see if interest rates decrease in the
future. However, given the current trend, there is no guarantee the interest rates will
decrease anytime soon. If the Council elects not to move forward with refinancing the
pension obligations at this time, there are other elements in the adopted Pension
Funding Policy that will fund the section 115 pension trust, including prepaying the
annual UAL in July and directing savings to the trust, and annual review of savings with
the General Fund expenditures and allocating an amount up to 25% to be transferred to
the trust.
FISCAL IMPACT/FUNDING SOURCE
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The analysis section above outlines the fiscal impact of the two-potential structures. The
average annual savings could result up to $2.4 million but will depend on the final
amount refinanced and the terms negotiated via the private placement option. It is
important to note the Council’s Pension Funding Policy requires the “savings” to be
directed to the City’s section 115 trust for pension with a funding target of $12 million to
mitigate against future UAL, therefore those savings will not be immediately available to
fund ongoing City operations.
Further, it is likely the City will incur an UAL in the future, which the City will be required
to pay the actuarially determined contribution for the UAL in future respective years.
NEXT STEPS
If the City Council directs staff to proceed with refinancing the pension obligations and
provided the private placement option yields in a favorable terms, staff will work with the
financing team to sign the term sheet with identified investors and determine an amount,
not to exceed $99 million, for final placement. Subsequently, staff will work to remit the
funds to CalPERS before fiscal year end to get credited for FY23 UAL.
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