05/02/2022 City Council Regular Meeting Agenda Packet
April 28, 2022 2:30 PM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, MAY 2, 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
05/2/2022 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. City Clerk's Report on Posting the Agenda
3. Invocation
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation - Bike Awareness Month
2.1.2. Proclamation - National Public Works Week
3. PRESENTATIONS TO THE COUNCIL
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
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-
mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the
City Council Regular Meeting Agenda
05/2/2022 Page3 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.
City Council Regular Meeting Agenda
05/2/2022 Page4 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 Heritag e
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
Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory
Committee, VTA South County City Group
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
City Council Regular Meeting Agenda
05/2/2022 Page5 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 - Apr 18, 2022 6:00 PM
6.2. City Council - Joint Meeting with Gilroy Unified School District - Apr
25, 2022 6:00 PM
6.3. Claim of Rissa Arellano (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of 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.)
7. BIDS AND PROPOSALS
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
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. 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.
8.2. Progress Update on the Unhoused Ad-Hoc Committee
Recommendations
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council receive the report.
8.3. Approval of a Permanent Local Housing Allocation (PLHA) 5-Year
Expenditure Plan
1. Staff Report: Crystal Zamora, Program Administrator
2. Public Comment
3. Possible Action:
Council approve the Permanent Local Housing Allocation (PLHA) 5-Year
Expenditure Plan.
City Council Regular Meeting Agenda
05/2/2022 Page6 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
1. Staff Report: Crystal Zamora, Program Administrator
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Conduct a public hearing and solicit comments on the draft 2022-2023 Annual
Action Plan.
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.
Council adopt the draft 2022-2023 Annual Action Plan, incorporating any
changes that Council may wish to make.
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
1. Staff Report: Luke Powell, Captain
2. Public Comment
3. Possible Action:
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
11. CITY ADMINISTRATOR'S REPORTS
11.1. Update on Cohansey Avenue and Monterey Road
11.2. Sargent Quarry Status Update
11.3. Outdoor and Parklet Update
12. CITY ATTORNEY'S REPORTS
City Council Regular Meeting Agenda
05/2/2022 Page7 13. CLOSED SESSION
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
14. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and GCC Section
17A.13 (a); Public Report of the vote to continue in closed session if required under
GCC Section 17A.11 (e)
15. ADJOURNMENT
FUTURE MEETING DATES
MAY 2022
16* Regular Meeting - 6:00 p.m.
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.
2.1.1
Packet Pg. 8 Communication: Proclamation - Bike Awareness Month (Proclamations, Awards, and Presentations)
National Public Works Week Proclamation
May 15–21, 2022
“Ready and Resilient”
WHEREAS, public works professionals focus on infrastructure, facilities, emergency
management, and services that are of vital importance to sustainable and
resilient communities and the public health, high quality of life, and well-being of
the people of California; and,
WHEREAS, these infrastructures, facilities, and services could not be provided
without the dedicated efforts of public works professionals, who are federally
mandated first responders, and the engineers, managers, and employees at all
levels of government and the private sector, who are responsible for rebuilding,
improving, and protecting our nation’s transportation, water supply, water
treatment and solid waste systems, public buildings, and other structures and
facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in
the City of Gilroy to gain knowledge and maintain ongoing interest and
understanding of the importance of public works first responders and public
works programs in their respective communities; and,
WHEREAS, the year 2022 marks the 62nd annual National Public Works Week
sponsored by the American Public Works Association.
NOW, THEREFORE, I, MARIE BLANKLEY, MAYOR OF THE CITY OF GILROY,
CALIFORNIA, do hereby designate the week of May 15 - 21, 2022, as
National Public Works Week
in the City of Gilroy and I urge all citizens to join with representatives of the
American Public Works Association and government agencies in activities,
events, and ceremonies designed to pay tribute to our public works
professionals, engineers, managers, and employees and to recognize the
substantial contributions they make to protecting our national health, safety, and
quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the
State (to be affixed),
DONE at the City of Gilroy, California this 2nd day of May 2022.
Attested to by:
Marie Blankley Thai Nam Pham
MAYOR City Clerk
2.1.2
Packet Pg. 9 Communication: Proclamation - National Public Works Week (Proclamations, Awards, and Presentations)
City Council Regular Meeting Minutes
April 18, 2022
Page 1 of 7
City Council Meeting Minutes
04/18/2022
City of Gilroy
City Council Meeting Minutes
April 18, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Tovar led the Pledge of Allegiance.
2. Invocation
Pastor Greg Quirke of South Valley 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 Absent
Dion Bracco Council Member Present
Zach Hilton Council Member Absent
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
Fire Chief introduced Firefighter / Paramedic John Zaro.
Public Works Director introduced Joseph Garcia (Parks), Abraham Romero
(Parks), and Stephen Wilson (Streets / Sewer).
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. Visit Gilroy / CWC Gilroy 2021 Annual Report
Executive Director Jane Howard and Board Chair Vic Vanni of Visit Gilroy
provided the presentation to Council.
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April 18, 2022
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04/18/2022
3.2. 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:
Ruben Medina voiced concern about the sanitary conditions and lack of
ADA accessibility at Gavilan Hills Memorial Park.
Karen Fortino asked Council who to ask for assistance for assisting her
organization with lost pets after hours.
Ron Kirkish voiced concerned about the council members who were
absent at tonight’s meeting.
Jonathan voiced concern about “The Hideout” and would like to partner
with the City Council to resolve the public safety issue.
Cheryl Parks requested Council Member Armendariz to resign.
There being no further public comment, Mayor Blankley closed public comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on the Santa Clara County Library JPA.
Council Member Marques reported on Gilroy Downtown Business Association
Board, Mural Unveiling at 6th Street Murals.
Council Member Tovar reported that the Gourmet Alley Ad Hoc Committee will
be meeting tomorrow and asked the community to shop and eat locally to
support small businesses within Gilroy.
Vice Mayor Leroe-Muñoz reported on Gilroy Economic Development Corporation
Board and SCVWD Water Commission.
Mayor Blankley reported on South County Joint Recycled Water Advisory
Committee and VTA Mobility Partnership.
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested from Council to discuss regulations on
Cruising in Downtown. The item did not receive majority support.
6. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton
6.1. Action Minutes for April 4, 2022 City Council Regular Meeting
A motion was made to approve the minutes.
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6.2. Approval of the Gilroy Tourism Business Improvement District (GTBID)
Annual Report as Submitted by Visit Gilroy/California Welcome Center
Gilroy for the Period of January 1, 2021 Through December 31, 2021.
A motion was made to accept the report.
6.3. Approval of the First Amendment to the Agreement for Countywide
Household Hazardous Waste Collection Program
A motion was made to approve the amendment.
6.4. First Amendment to the Solid Waste Disposal Contract for Approval of
Alternate Disposal Facilities
A motion was made to approve the amendment.
6.5. Second Amendment to the Agreement with City of Morgan Hill for
Providing Staff Services for Stormwater Pollution Prevention
Compliance and Environmental Services
A motion was made to adopt the resolution and approve the agreement.
Enactment No.: Resolution No. 2022-19
6.6. Claim of Petra Reynoso (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the claim)
A motion was made to reject the claim.
6.7. Claim of Jose Manuel Reynoso, Sr. (The City Administrator
recommends a “yes” vote under the Consent Calendar shall constitute
the denial of the claim)
A motion was made to reject the claim.
7. BIDS AND PROPOSALS
7.1. Award a Contract to Norcal Contractor for the Eigleberry and Seventh
Parking Lot Project (No. 20-PW-444), and approve a project expenditure
of $2,310,000
City Engineer Heap gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
6.1
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04/18/2022
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this
project: $300,000 from the fund balance in the Facilities Internal Service
Fund (Fund 651); $260,000 from the fund balance in the Capital Projects
Fund (Fund 400); and $250,000 in a pavement program reimbursement
transfer from the Gas Tax Fund (Fund 213) into the Capital Projects
Fund (Fund 400), and appropriate its use for the project.
b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38
with an additional project contingency of $182,549 (10%), for a total
construction cost of $2,008,034 and $301,966 for costs associated with
design, permitting and advertising for a total project cost of $2,310,000
for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and
authorize the City Administrator to execute the contract and associated
documents.
RESULT: ADOPT RESOLUTION AND AWARD CONTRACT TO
NORCAL CONTRACTOR [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton
Enactment No.: Resolution No. 2022-20
7.2. Award a Contract to McKim Corporation for the FY22 Citywide
Pavement Maintenance Project (No. 22-PW-273), and approve a project
expenditure of $4,518,787
City Engineer Heap gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
6.1
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City Council Regular Meeting Minutes
April 18, 2022
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Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
budget for the City of Gilroy for Fiscal Year 2021 -2022 and appropriating
proposed expenditure amendments; and
b) Award a Contract to McKim Corporation in the amount of $4,107,988.27
with an additional project contingency of $410,798 (10%), for a total
construction cost of $4,518,787 for the FY22 Citywide Pavement
Maintenance Project, No. 22-PW-273, and authorize the City
Administrator to execute the contract and associated documents.
RESULT: ADOPT RESOLUTION AND AWARD CONTRACT TO MCKIM
CORPORATION [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton
Enactment No.: Resolution No. 2022-21
7.3. Approval of a First Amendment to the Agreement with Honeywell
Building Solutions in the Amount of $329,725 to extend the HVAC
Maintenance Services Agreement for an additional two years.
City Engineer Heap gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
Approve a First Amendment to the Agreement with Honeywell Building
Solutions in the Amount of $329,725 ($140,548 in year four, $146,169 in
year five), with a contingency of 15% ($43,008), and authorize the City
Administrator to execute the amendment to the agreement and all
related documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton
8. PUBLIC HEARINGS
8.1. Tentative Map Application to Subdivide Approximately 2.88 Acres for Build -
out of the Palomino Phase II Neighborhood of the Glen Loma Ranch
Specific Plan
Mayor Blankley asked Council Members received any ex-parte communications.
No ex-parte communications were reported.
Planner Durkin provided staff presentation and responded to Council Member
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04/18/2022
questions.
Mayor Blankley opened public hearing at 7:33 p.m.
There being no speakers, Mayor Blankley closed public hearing at 7:33 p.m.
Possible Action:
Adopt a resolution approving Tentative Map TM 21 -05, subject to certain
findings and conditions.
RESULT: READ TITLE ORDINANCE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton
Enactment No.: Resolution No. 2022-22
9. UNFINISHED BUSINESS
There were none.
10. INTRODUCTION OF NEW BUSINESS
10.1. Recreational Vehicle Tow Policy
Police Captain Rocha gave staff presentation and responded to Council
Member questions.
City Attorney Forbis made a brief statement that Council Member Bracco is
not abstaining from this item.
Mayor Blankley opened Public Comment.
Vanessa Ashford spoke in support the current policy.
There being no further comments, Mayor Blankley closed public comment.
Possible Action: Receive Report
RESULT: RECEIVE REPORT
11. CITY ADMINISTRATOR'S REPORTS
11.1. Grant Application for the 10th Street Bridge
City Administrator Forbis provided staff presentation on this item.
12. CITY ATTORNEY'S REPORTS
None provided.
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 7:52 p.m.
The City Council convened in Closed Session at 8:00 p.m.
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The Council voted to stay in closed session was unanimous.
13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section
17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General & Supervisory
Units) Representing Employees Affiliated with AFSCME, Local 101;
Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy
Management Association Representing Mid-Management Employees;
Unrepresented Exempt Employees (Confidential, Department Heads &
Council-Appointed); Unrepresented Confidential Non-Exempt
Employees; Part-Time/Temporary/Seasonal Employees (Hourly &
Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips,
Administrative Services & Human Resources Director/Risk Manager
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working
Conditions; Memorandums of Understanding: City of Gilroy and Gilroy
Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General
& Supervisory Units; City of Gilroy and Gilroy Management Association
(GMA)
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 8:52 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 Pham, CMC, CPMC
City Clerk
6.1
Packet Pg. 16 Minutes Acceptance: Minutes of Apr 18, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Special Meeting Minutes
April 25, 2022
Page 1 of 3
City Council Meeting Minutes
04/25/2022
City of Gilroy
City Council Special Meeting with Gilroy Unified School District Minutes
April 25, 2022
1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
GUSD Board President Piceno led the Pledge of Allegiance.
2. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status Arrived
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Absent
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Absent
Fred Tovar Council Member Present
Linda Piceno Board President Present
James Pace Board Vice President Present
Melissa Aguirre Board Member Present
Enrique Diaz Board Member Present
Tueyn Fiack Board Member Present
Mark Good Board Member Absent
Michelle Nelson Board Member Present
2. PRESENTATIONS TO THE COUNCIL & PUBLIC COMMENT BY MEMBERS
OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE
SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL AND GILROY
UNIFIED SCHOOL DISTRICT
Mayor Blankley opened public comment.
There being no speakers, Mayor Blankley closed public comment.
3. DISCUSSION ITEMS
3.1. South Valley Middle School Reconstruction Projects (GUSD)
GUSD Superintendent Dr. Deborah Flores gave staff presentation and
responded to Council Member and GUSD Board Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
6.2
Packet Pg. 17 Minutes Acceptance: Minutes of Apr 25, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Special Meeting Minutes
April 25, 2022
Page 2 of 3
City Council Meeting Minutes
04/25/2022
3.2. School Crossing Guards (City/GUSD)
GUSD Superintendent Dr. Flores and Chief of Police Espinoza gave staff
presentation and responded to Council Member and GUSD Board
Member questions.
Mayor Blankley opened Public Comment.
Ron Kirkish requested an update about school cameras. Dr. Flores
briefly responded to Mr. Kirkish's inquiry.
There being no comments, Mayor Blankley closed public comment.
3.3. GUSD Enrollment Update and Impacts on GUSD Budget (GUSD)
Assistant Superintendent / C.B.O. Meza gave staff presentation and
responded to Council Member and GUSD Board Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
3.4. Community Development Activities (City)
Interim Community Development Director Biggs gave staff presentation
and responded to Council Member and GUSD Board Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
3.5. Economic Developmental Activities (City)
Economic Development Management Analyst Decker gave staff
presentation and responded to Council Member and GUSD Board
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
3.6. Renewal of School Resource Officers (SRO's) Memorandum of
Understanding (MOU) (City/GUSD)
Dr. Deborah Flores gave staff presentation and responded to Council
Member and GUSD Board Member questions.
Mayor Blankley opened Public Comment.
Ron Kirkish stated that SROs are good and was disappointed in how
some of the council members voted against the program.
There being no further comments, Mayor Blankley closed public comment.
3.7. City News (Information Item)
None provided.
Mayor Blankley opened Public Comment.
6.2
Packet Pg. 18 Minutes Acceptance: Minutes of Apr 25, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Special Meeting Minutes
April 25, 2022
Page 3 of 3
City Council Meeting Minutes
04/25/2022
There being no comments, Mayor Blankley closed public comment.
3.8. GUSD News (Information Item)
None provided.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
3.9. Future Agenda Items (Information Item)
None requested.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
4. ADJOURNMENT
The meeting was adjourned at 7:38 PM 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 Pham, CMC, CPMC
City Clerk
6.2
Packet Pg. 19 Minutes Acceptance: Minutes of Apr 25, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Rissa Arellano (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim.)
Meeting Date: May 2, 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 2,
2022 meeting:
• Claim of Rissa Arellano
Attachments:
6.3
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1. Claim of Rissa Arellano 2.25.22
6.3
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Rissa Arellano2231 Fruitdale Avenue, San Jose, CA 95128 None09/02/2021On the public sidewalk in front of a single family residence located at 1250 Longmeadow Drive, Gilroy, CA 94020Claimant Rissa Arellano was walking on the sidewalk adjancent to 1250 Longmeadow Drive, Gilroy, CA 95020, when she tripped on a raised section of the sidewalk. It appeared that a root from a tree located in the planting strip between the sidewalk and public street caused a section of the sidewalk to become elevated. The grade change in the elevated area was approximately 2.5 inches.Claimant alleges that the City failed to adequately inspect and maintain the subject sidewalk and the tree in the adjacent planting area so as to cause the sidewalk to become elevated over a number of years.Claimant tripped and fell forward suffering an injury to her teeth.Unknown09/11/1957Retired650.968.9612Brian J. O'Grady, 650.968.9612, kathy@brianogradylaw.com; brian@brianogradylaw.comLaw Offices of Brian J. O'Grady, 3121 Summit Road, San Bruno, CA 940666.3.aPacket Pg. 22Attachment: Claim of Rissa Arellano 2.25.22 (3761 : Claim of Rissa Arellano)
None3,090.00100,000.00103,090.00103,090.00UnknownUnknownNoNo396 South Main St., Milpitas Ca 95035Halili Dentalfirst visit 09/03/21Halili Dental, 396 South Main St, Milpitas, CA 95035. Firstvisit was 09/03/21.Longmeadow DriveX1250 Longmeadown DriveBrian J. O'GradyAttorney for Claimant2/25/22Arsenio Sangil1191 Lerma Lane, Gilroy, CA408.427.71576.3.aPacket Pg. 23Attachment: Claim of Rissa Arellano 2.25.22 (3761 : Claim of Rissa Arellano)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Linda Valdez (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim.)
Meeting Date: May 2, 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 2,
2022 meeting:
• Claim of Linda Valdez
Attachments:
6.4
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1. Claim of Linda Valdez for 5.2.22
6.4
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6.4.a
Packet Pg. 26 Attachment: Claim of Linda Valdez for 5.2.22 (3760 : Claim of Linda Valdez)
6.4.a
Packet Pg. 27 Attachment: Claim of Linda Valdez for 5.2.22 (3760 : Claim of Linda Valdez)
City of Gilroy
STAFF REPORT
Agenda Item Title: City Council Position on Proposed Santa Clara Valley Water
District's Ballot Measure Concerning Board Member Term Limits
Meeting Date: May 2, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
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 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.
POLICY DISCUSSION
Does the Council support, oppose, or maintain neutrality towards the Santa Clara Valley
Water District’s (Valley Water’s) proposed ballot measure to extend the term limits for its
board members?
BACKGROUND
The Santa Clara County Valley Water District (Valley Water) recently approved a June
2022 ballot measure to increase the term limits for its Directors from three (3)
successive four-year terms to four (4) successive four-year terms.
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The ballot title, however, reads as follows, “Shall the measure amending the Santa
Clara Valley Water District Ordinance 11-01 to limit Board members to four successive
four-year terms be adopted?”
On April 12, 2022, the San José City Council adopted a resolution opposing t he
proposed term limit extension measure and called on other cities within Valley Water’s
service area to oppose it as well. San José has asked that other county governments
consider a similar resolution.
ANALYSIS
The title of the ballot measure suggests that there are no term limits already in place
that approving this measure would establish such limits. The ballot measure would
extend the current term limits from three to four successive four-year terms, from 12 to
16 successive years.
If the Council wishes to oppose the measure, a resolution has been attached to this
staff report that Council may take action to adopt. The resolution would declare the
City’s opposition to this measure.
ALTERNATIVES
Council may determine to either support, oppose, or remain neutral towards Valley
Water’s proposed ballot measure.
FISCAL IMPACT/FUNDING SOURCE
None.
NEXT STEPS
If Council opposes the ballot measure and adopts the resolution, the resolution would
be posted on the City’s social media and a copy will be forwarded to Valley Water.
PUBLIC OUTREACH
The policy decision of the City Council will be shared through the City’s typical
communication outlets.
Attachments:
1. Draft Resolution - Opposition to Valley Water District's Term Limits Extension
8.1
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY TO OPPOSE THE SANTA CLARA VALLEY
WATER DISTRICT TERM LIMIT EXTENSION
MEASURE
WHEREAS, the Santa Clara Valley Water District recently approved a June 2022 ballot
measure entitled as follows, “Shall the measure amending the Santa Clara Valley Water District
Ordinance 11-01 to limit Board members to four successive four-year terms be adopted?”,
implying the imposition of term limits; and
WHEREAS, despite the title, the ballot measure approved by the Santa Clara Valley Water
District increases the current term limits for its Directors from three (3) successive four-year terms
to four (4) successive four-year terms.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Gilroy that the City opposes the Santa Clara Valley Water District Term Limit extension measure.
PASSED AND ADOPTED this 2nd 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
8.1.a
Packet Pg. 30 Attachment: Draft Resolution - Opposition to Valley Water District's Term Limits Extension (3763 : Valley Water Ballot Measure)
City of Gilroy
STAFF REPORT
Agenda Item Title: Progress Update on the Unhoused Ad-Hoc Committee
Recommendations
Meeting Date: May 2, 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 receive the report.
BACKGROUND
On September 8, 2020, the City Council held a special meeting to discuss
homelessness and the homeless population in our community, particularly the very
difficult, challenging, and complicated issues surrounding it. At the September 21, 2020
regular City Council meeting, Council authorized the creation of an Unhoused Ad Hoc
Committee (Committee) to meet with affected residents, businesses, nonprofit agencies
serving the homeless and other jurisdictions. The intent was to understand the issues
presented by the homeless in our community and then formulate a plan of action that
prioritizes solutions, services, and funding for the City.
The Committee met with members of the unhoused community, residential community,
business community, faith-based organizations, community service organizations, and
other local service providers to understand the issues and obtain recommendations and
8.2
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suggestions on how to help each component of the community as it relates to those
experiencing homelessness and/or are affected by those experiencing homelessness.
From this input the Committee formulated the plan of action, which resulted in the 14
recommendations adopted by the City Council. Work commenced under the oversight
of the Committee, and then transitioned to the Council on October 18, 2021 while staff
continued its efforts to attain these recommendations.
UPDATE ON COUNCIL/COMMITTEE RECOMMENDATIONS
Below is the update on the current progress to achieve the 14 recommendations.
Number Recommendation
1 Establish a safe parking program (In Progress)
The safe parking program request for proposals (RFP) was issued, and one
submittal was received which was rejected due to no location being identified.
Staff has engaged with the Compassion Center to plan a safe parking
program directly with the only applicant organization that offered to host the
program. The City, Compassion Center, and Santa Clara County Office of
Supportive Housing have been in discussions to get this program initialized.
To date, no formal agreement with the City has been entered. With some
challenges relating to the property location for the safe parking program, it
remains possible that a suitable location can be found. If that becomes
reality, the City could consider contributing PLHA funds towards case
management.
2 Whenever possible, be proactive and support affordable housing efforts
(Ongoing)
As discussed in the update presented to Council in September and October
2021, this recommendation is more of an ongoing business practice than a
defined project. Staff will continue to support ongoing affordable housing
efforts in collaboration with the City Council and local unhoused service
providers. The City now has connections to resource that once went
unutilized.
3 Support a mobile garbage removal program (in Progress)
The RFP was issued, and Council at the October 4th regular Council meeting
authorized staff to enter a contract with US Ecology and authorized a budget
of $100,000. The contractor has been used for three cleanup activities to-
date. These include:
1. Cleanup of the areas at the Highway 101/152 (10th Street) interchange
2. Cleanup at the eastern end of Renz Lane
3. Cleanup at the north end of Hirasaki Avenue
To date $50,873 (51%) of the contract total has been used.
Staff is considering options for one-day dumpster availabilities for the
unhoused to discard the refuse collected in locations where congregation has
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Number Recommendation
occurred, though further development is needed before implementation, to
ensure that it does not encourage illegal dumping or use of those bins by
non-homeless residents. Once a method to prevent this potential
consequence of the program is developed, an experimental schedule will be
developed and tested to see if it will be successful.
4 Explore the purchasing of a garbage compactor truck (in Progress)
Staff issued quote requests and official bids for procurement. The purchase
process was first for a used garbage compactor truck, which ultimately the
City did not receive any bids. After discussions with staff and departments
that work with the cleanup efforts, it was determined for several reasons that
a specific dump truck design would be preferred.
Bids were solicited and the City only received one incomplete bid. Staff then
negotiated with the vendor that submitted the incomplete bid for a custom-
built dump bed and procured an available truck body of sufficient size.
The truck dump bed is currently in construction and is slated for completion in
mid-summer. Fleet services and Code Enforcement staff have visited the
manufacturer working on the truck to inspect the current state of the dump
bed design and features. No issues or concerns are currently held by staff
regarding the construction or design of the custom bed construction.
5 Ensure County, State, Water District, and private property owners are
accountable for maintaining their properties’ clean (Pending)
The City’s Program Administrator is developing outreach material to advise
property owners, both private and public, of their responsibilities in
maintaining their properties. Once the outreach has been done, the Program
Administrator will work with Code Enforcement on the best manner to pursue
ensuring accountability. The City continuously notifies Caltrans, Valley
Water, and the State of California when their properties require upkeep and
maintenance. Those requests are met with mixed results.
6 Partner with the City of Morgan Hill (Completed and Continuing)
This recommendation is more of an ongoing business practice. Staff has
been working with Morgan Hill on various regional approaches and shares
data on the unhoused. The City of Morgan Hill has a Housing Manager
position that has been a great resource for Gilroy.
7 Continue supporting homeless service providers through CDBG grant
funding (Completed and Continuing)
Council has authorized the funding of unhoused service providers through
the approval of CDBG and Housing Trust Fund (HTF) funding agreements in
2021.
The next opportunity to continue this ongoing effort will be with the next cycle
of approvals, which is being heard by Council on May 2, 2022.
8 Coordinate monthly check-in meetings with lead homeless service
providers to address local homeless issues (Completed and
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Number Recommendation
Continuing)
City staff (Program Administrator) have re-engaged local service providers
and have facilitated monthly meetings since January 2022 with the Unhoused
Service Providers (USP), the renamed task force. Attendance has increased
from 8 to 22 attendees. Currently, the USP is working on planning including
drafting goals and developing working themes and strategies, as well as
response plans for the unhoused during inclement weather. Monthly
meetings will continue as the USP continues. The primary benefit of these
meetings is there is collaboration and networks available to connect the
unhoused with services.
9 Organization of community cleanup days (Pending)
Work has not yet begun on coordinating community clean-up days that are
City-led. There have been a few starts and stalls with this project where other
organizations were taking the lead. This subject will become a topic for the
Unhoused Service Providers in the next quarter to better coordinate among
multiple agencies these community cleanup days.
10 Endorsement of Destination: Home’s Community Plan to End
Homelessness (Completed)
The City Council adopted a resolution endorsing the Community Plan to End
Homelessness.
11 Research an agency that can provide drug rehab, job training and job
placement (Pending)
At this time, no such agency has been identified.
12 Hire Quality of Life Officers (Completed)
The City Council approved the budget and hiring of two quality of life Police
Officers to form a team to address issues facing unhoused residents and
impacts of unhoused residents on the community. The team was formed and
commenced work in the first quarter of calendar year 2022.
As the team continues to work on improving the quality of life for all residents,
specific updates on the work and results of the team will be reported to
Council.
13 Explore the differences amongst a Police Officer and a Community
Services Officer (Completed)
This was presented and discussed, and the decision to have Police Officers
to serve as the quality of life team was made.
14 Partner with the County Office of Supportive Housing and establish a
partnership to have access to their programs and services (Completed
and Continuing)
This partnership continues to develop. The prime example of this is the
pursuit of the PLHA funding through the County Consortium Agreement,
which will be discussed further on the agenda item at the May 2, 2022 regular
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Number Recommendation
City Council meeting. Furthermore, the City continues to work with OSH to
identify locations for Measure A housing projects. The connections and
interagency collaboration and planning have been increasing and will
continue to strengthen into the future. More work and collaboration efforts are
forthcoming.
ALTERNATIVES
None – this is an informational item.
FISCAL IMPACT/FUNDING SOURCE
None – this is an informational item.
CONCLUSION
The work on the Council-adopted recommendations, derived by the Unhoused Ad Hoc
Committee, have continued and the accomplishments of these recommendations
continues to accelerate. The majority of the Ad Hoc Committees recommendations have
been implemented, however some tasks are still in development.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Permanent Local Housing Allocation (PLHA) 5-Year
Expenditure Plan
Meeting Date: May 2, 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
Council approve the Permanent Local Housing Allocation (PLHA) 5-Year Expenditure
Plan.
BACKGROUND
In October of 2021 dialogue between the City and the Santa Clara County Office of
Supportive Housing (OSH) resulted in the City’s awareness of the Permanent Local
Housing Allocation (PLHA) funding source. On November 15th, 2022 the City Council
approved participation in the Santa Clara County PLHA Consortium (Consortium),
managed by OSH and the County.
After Council approval for participation in the Consortium, the City entered into the
contract with OSH in December of 2021. OSH was negotiating concurrently with other
cities being considered for the Consortium including Cupertino and Santa Clara, with
OSH also representing the unincorporated county. Staff continues to work with the
County on how to implement the agreement.
8.3
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The Consortium is designed to address unmet housing needs, including
unhoused/homeless needs. Participation in the Consortium helps to address the City’s
current needs through making new funding sources available for housing in the
community. This also includes serving the unhoused and other housing related needs
and can support the public services grant program that the City has administered for
nearly two decades.
ANALYSIS
As the City negotiated and made modifications with OSH, the nature of the contributions
and processes became further refined, including the requirement for subcategories in
the federal funding applications for use of these funds. Keeping in mind a model of “best
fit” to Gilroy’s needs, the proposed PLHA Expenditure Plan (Expenditure Plan) is a
result of those considerations for the next five years. Funding is structured into three
categorical areas:
1. Homeless Prevention
2. Basic Needs
3. Down Payment Assistance
Accompanying percentages for each category over the course of the five years were
negotiated with the Consortium, including continuation of the City’s public service grants
as well as funding for a potential safe parking program which is eligible under the
Homeless Prevention and Basic Needs funds. The Homeless Prevention category
consist of services and programs that prevent homelessness. For the Basic Needs
category, it includes basic service for those currently homeless as well as at-risk of
becoming homeless, which may include supportive services and case management.
The Consortium Agreement (Agreement) with OSH was signed on December 22, 2021,
making funds available to the City as well as delegating authority to the County to
submit an application and administer the funding on the City’s behalf (i.e. serving as the
program administrator).
The Agreement is limited to a five-year term. Should the City choose to renew, it would
be for additional five-year period. Per federal guidelines, once the delegation is made
via a contract, it cannot be cancelled except for perhaps extreme circumstances. After
each five-year agreement period, the City is free to separate and operate the program
itself or negotiate another agreement with another qualified governmental organization
for PLHA funding.
This staff report is intended to serve both as an update on where the PLHA Program
stands today and to seek feedback from the Council on the allocation amongst the three
programs.
The PLHA Plan categories and accompanying percentage breakdowns were negotiated
with the County. As shown in the table below, allocations for years 2019 and 2020 have
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already been secured for the first two years in the funding cycle. Due to the timing of the
funds, and the current state of our housing and unhoused activities, it was negotiated to
designate this first two years’ worth of funding towards these activities and to give the
City time to develop its Down Payment Assistance Program. These currently allocated
funds will be split between two categories, 50% for “Homeless Prevention” and 50% for
“Basic Needs”.
For the following three years of the plan, “Homeless Prevention” percentages will
remain the same at 50%. However, “Basic Needs” does not appear in the graph as
funds received after year two. Remaining unused funds will be carried forward and any
additional needs will be provided under the Homeless Prevention category. Additionally,
in year three, the “Down Payment Assistance Program” will begin and continue for the
remainder of the plan. For full breakdown of annual amounts, please see the chart in
the Fiscal Impact/Funding Source section of this report.
OPTIONS
The City Council may:
1. Accept the funding allocations negotiated with the County. If Council chooses to
keep the existing allocations, no further action is needed on the Agreement.
2. Request to change the percentages in the five-year Expenditure Plan. This
option would require re-negotiation and would need the County to concur with the
8.3
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changes to be made effective. The County is not required to agree to the
changes, but OSH staff indicates their desire to meet the needs and requests of
the City Council within the scope of the federal funding requirements and
applications already approved.
FISCAL IMPACT/FUNDING SOURCE
The PLHA Program provides new resources to aid the City in supporting affordable
housing and the City’s unhoused/homeless prevention efforts. With the administration
and funding designated to the County in the Consortium, the City will receive no funds
directly, and therefore no fiscal impacts related to the City’s adopted budget or will be
required.
The consent given by Council to fund the public service grants with PLHA funds through
the County, instead of the Housing Trust Fund (HTF), will save the City’s HTF fund
balance that would otherwise be spent. The ongoing amount of savings in the HTF
would be the historic trend of allocating $168,000 per year.
The Consortium’s application for receiving the PLHA Funds from 2019 and 2020 were
approved in early April of 2022. The funding for future years is a projection provided by
the County, but application for 2021 will be made in the upcoming fiscal year. As PLHA
funds are collected each year, the amount is not known until the following fiscal year,
creating anywhere from a one to two year gap between funds collected via U.S Housing
and Urban Development (HUD) and when the Consortium can apply for the funding.
The application then is submitted and reviewed by HUD.
The table below outlines funding cycles and breaks down the projected amounts among
the categories based on the pre-set percentages with OSH per the current Agreement.
The chart below excludes the 5% administration costs to the County to administer the
program. The estimated amounts for fiscal years 2021–2023 may change, since funding
for PLHA is generated through a fee on real estate transactions, which may fluctuate
from year to year. The projection amounts were given by the County.
PLHA 5-Year Projections (Excludes 5% Admin Cost to County)
Funding
Cycle
Fiscal
Year
Year in
5-Year Plan
Homeless
Prevention
Basic
Needs
Down
Payment
Assistance
Program
Total
Funding
Amount
20191 2023 1 $116,023 $116,023 $0 $232,046
20201 2023 2 $180,335 $180,336 $0 $360,671
Total Known Allocations $296,358 $296,359 $0 $592,717
1 Projected funding amount from Santa Clara County and excludes their 5% costs for administering the
program. Numbers in chart are rounded to nearest whole dollar.
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Funding
Cycle
Fiscal
Year
Year in
5-Year Plan
Homeless
Prevention
Basic
Needs
Down
Payment
Assistance
Program
Total
Funding
Amount
2021 2024 3 $127,292 $0 $139,228 $266,520
2022 2025 4 $127,292 $0 $139,228 $266,520
2023 2026 5 $127,292 $0 $139,228 $266,520
3-Year Future Projection Subtotal $381,876 $0 $417,684 $799,560
5-Year Projected Total $678,234 $296,359 $417,684 $1,392,277
PUBLIC OUTREACH
The PLHA Consortium resolution went before the City Council on November 15, 2021.
This item was included on the agenda posted for public review.
NEXT STEPS
Staff will continue working with OSH and service providers on the final administrative
processes that are still being designed for this new program. Depending upon Council’s
determination regarding keeping the current allocations or making amendments, staff
will work with OSH to pursue any modifications.
Attachments:
1. PLHA Consortium Agreement
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1
PERMANENT LOCAL HOUSING ALLOCATION
CONSORTIUM AGREEMENT
BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY
FOR THE PERIOD OF DECEMBER 15, 2021 TO JUNE 30, 2026, AND
SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED
This Permanent Local Housing Allocation Consortium Agreement (“Agreement”), dated for
reference purposes only as of December 15, 2021, is made by and between the City of Gilroy
(hereinafter referred to as “City”) and the County of Santa Clara, a political subdivision of the
State of California (hereinafter referred to as “County”), acting as the lead entity, relating to
implementation of housing and homelessness activities funded by the State of California for
Permanent Local Housing Allocation program funds, as defined below, for the City.
RECITALS
WHEREAS, in 2017 Chapter 364, Statutes of 2017 (SB 2), authorized by Health and
Safety Code section 50470, which created the Building Homes and Jobs Trust Fund and the
Permanent Local Housing Allocation (hereinafter referred to as “PLHA”) program, was enacted,
the primary objective of which is to create a permanent source of funding available to eligible
local governments in California for housing-related projects and programs that assist in
addressing the unmet housing needs of their local communities; and
WHEREAS, the PLHA Final Guidelines (hereinafter referred to as the “Guidelines”),
dated October 2019, implement, interpret, and make specific the PLHA program and establish
the terms, conditions, and procedures for local governments to submit applications to the
California Department of Housing and Community Development (HCD) for PLHA funds; and
WHEREAS, under the PLHA program, City and County are each considered an Eligible
Applicant to receive PLHA funding under the Entitlement Formula Component, which
distributes funding to metropolitan cities and urban counties that were allocated a grant for
federal fiscal year 2017 pursuant to the federal Community Development Block Grant formula
specified in 42 USC section 5306; and
WHEREAS, the Guidelines authorize an Eligible Applicant to delegate another Eligible
Applicant to submit an application and administer on its behalf its formula allocation of PLHA
funds provided that the entities enter into a legally binding agreement and the funds are
expended for eligible activities consistent with PLHA requirements; and
WHEREAS, City wishes to delegate authority to County to submit an application and
administer the funding on City’s behalf; and
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WHEREAS, County wishes to accept the delegation of authority from City to apply for
and administer City’s PLHA allocation and serve as the administrator (hereinafter the
“Administering Local Government”) responsible for all PLHA requirements; and
WHEREAS, it is the desire of City and County to enter into this Agreement and, along
with the City of Cupertino and the City of Santa Clara, create the Santa Clara County PLHA
Consortium for the purpose of implementing the objective of addressing unmet housing needs
(the City, along with the City of Cupertino and the City of Santa Clara, may be referred to herein
as the “Consortium Cities”); and
WHEREAS, it is the intent of City and County that notwithstanding the existence of the
Consortium, the obligations of City and County with respect to the subjects covered in this
Agreement shall be exclusively governed by this Agreement, independent of obligations County
and the Consortium Cities may have to one another through other agreements; and
WHEREAS, it is the desire of City and County that this Agreement be renewed every
five years.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. RECITALS. The above recitals are true and correct and incorporated herein.
2. CREATION OF SANTA CLARA COUNTY PLHA CONSORTIUM. By entering
into this Agreement the City and County agree to be part of the Santa Clara County
PLHA Consortium (the “PLHA Consortium”) for the purpose of receiving PLHA funds
and undertaking affordable housing activities within the areas served by the PLHA
Consortium, which includes the cities of Cupertino, Gilroy, and Santa Clara and the
Urban County. City understands and agrees that City will not be eligible for a separate
PLHA allocation from HCD during any time City is participating in the PLHA
Consortium, and City may not withdraw from the PLHA Consortium until the end of the
term of this Agreement. Should City provide notice to County of its intent to withdraw
from the Consortium or non-renewal of this Consortium Agreement as required under
section 4, the City may submit funding applications directly to HCD for Calendar Years
2024 and beyond despite being in the current Consortium agreement, as those fiscal years
are outside of the revenue years identified in Section 3 below.
3. TERM OF AGREEMENT. The term of this Agreement shall commence on the later of
December 15, 2021 and the Effective Date and shall expire on June 30, 2026 (such period
hereinafter referred to as the “Initial Term”), subject to renewal for successive five-year
periods pursuant to section 4 (the Initial Term and any renew thereof may be referred to
as the “Term”). The Initial Term is intended to cover revenues collected under SB2 and
allocated to the PLHA program by HCD during Calendar Years 2019, 2020, 2021, 2022
and 2023.
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4. RENEWAL; EXPIRATION; TERMINATION. The Term of this Agreement shall
automatically renew for subsequent periods of five years each unless either party gives
the other written notice of nonrenewal at least thirty (30) days prior to expiration of the
current Term.
Should City or County wish to withdraw from the PLHA Consortium and terminate this
Agreement during the Term, both parties agree that termination is subject to approval by
HCD and both parties agree to take necessary steps required by HCD to effectuate the
termination. Should approval not be provided by HCD, City and County agree that they
cannot withdraw and this Agreement cannot be terminated until the end of the current
Term.
5. AMENDMENTS. Notwithstanding anything to the contrary in this Agreement, if
amendments to this Agreement are necessary solely to meet requirements identified in
any communication published and/or issued by HCD or required under the PLHA
program, City and County agree that County is authorized to amend this Agreement to
comply with such requirements. County shall provide thirty (30) days’ notice of any
proposed amendment to City as set forth in section 11. County shall provide additional
advance notice to City of any such amendment to the greatest extent practicable. City’s
failure to object to the proposed amendment within thirty (30) days of receipt of notice
shall be deemed an acceptance of the proposed amendment. Except as set forth in this
section and section 15.3, all other amendments to this Agreement must be approved in
writing by City and County.
6. PROGRAM ADMINISTRATION. County shall serve as the Administering Local
Government, as the term is used in the Guidelines, under this Agreement. County shall
assume overall responsibility for submitting applications for funding and administering
PLHA programs in accordance with the Guidelines. County shall be specifically
responsible for the following:
6.1 RESPONSIBILITIES OF COUNTY
6.1.1 Preparation and submission to HCD of the application in compliance
with section 302(c) of the Guidelines, PLHA Plan in accordance with
section 302(c)(4) of the Guidelines, and all other documents necessary
for the PLHA Consortium to qualify and receive allocations of PLHA
funding to carry out the purposes of this Agreement;
6.1.2 Preparation of amendments to the PLHA Plan, in consultation with City,
pursuant to section 302(c)(5) of the Guidelines;
6.1.3 Execution of the Standard Agreement with HCD for PLHA funding;
6.1.4 Administration of the development of funding recommendations to be
discussed with the PLHA Consortium and development of a set of
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recommendations for funding to County’s Board of Supervisors, which
holds final approval responsibilities;
6.1.5 Contract preparation, management, and monitoring during activity
implementation, affordability period, and record retention period of all
activities funded with PLHA;
6.1.6 Financial compliance with PLHA program requirements, including
compliance with all set-aside requirements; and receipt, disbursement,
and accounting of all PLHA program funds, and program income
generated by activities funded;
6.1.7 Achieve and maintain compliance of its Housing Element as determined
by HCD and submittal of Housing Element Annual Progress Reports
(APRs) to HCD. Housing Element compliance and submission of
Housing Element APRs are PLHA threshold requirements under section
302 of the Guidelines;
6.1.8 Preparation and submission of a PLHA Plan detailing proposed uses of
PLHA funding for each upcoming five-year term or other subsequent
document as required by HCD, in collaboration with City;
6.1.9 Submission of all reports, including the PLHA Annual Report on a form
to be provided by HCD, and data as may be required by HCD, including
but not limited to those detailed in section 503 of the Guidelines; and
6.1.10 Technical assistance on all aspects of the PLHA program.
7. CITY RESPONSIBILITIES. City shall take all actions necessary to comply with the
PLHA program and applicable state laws and regulations as they relate to its activities
located within the City. City shall be specifically responsible for the following:
7.1 RESPONSIBILITIES OF CITY
7.1.1 Cooperate with County, prepare and supply information to be included
in the PLHA application and PLHA Plan;
7.1.2 Prepare and supply in a timely manner information as required by HCD
on housing programs and plans within City;
7.1.3 Achieve and maintain compliance of its Housing Element as determined
by HCD and submittal of Housing Element APRs to HCD. Housing
Element compliance and submission of Housing Element APRs are
PLHA threshold requirements under section 302 of the Guidelines.
8. CONTRACT ADMINISTRATION. The County Executive Officer or his or her
designee shall be the County administrator and shall administer this Agreement on behalf
of County. City’s City Administrator shall administer this Agreement on behalf of City.
9. RECORDS AND REPORTS. County shall maintain records as required by HCD. All
records, including but not limited to records identified section 501 of the Guidelines,
shall be open and available for inspection by auditors assigned by HCD and/or City
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during normal business hours of County. City shall submit such reports and information
as may be necessary for County to fulfill its obligations as administrator of the PLHA
Consortium.
10. INDEMNIFICATION AND INSURANCE.
10.1 INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between City and County pursuant to California Government Code section
895.6, City and County agree that all losses or liabilities incurred by either City or
County shall not be shared pro rata but instead City and County agree that pursuant to
California Government Code section 895.4, each shall fully indemnify and hold the
other, its officers, board members, employees and agents, harmless from any claim,
expense or cost, damage or liability imposed for injury (as defined by California
Government Code section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, board
members, employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to such party under this Agreement. No
party, nor any officer, board member, employee or agent thereof shall be responsible
for any damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of other parties to this Agreement, their officers, board members,
employees or agents, under or in connection with or arising out of any work, authority
or jurisdiction delegated to such other parties under this Agreement.
10.2 INSURANCE
Each party shall maintain its own insurance coverage, through commercial insurance,
self insurance or a combination thereof, against any claim, expense, cost, damage, or
liability arising out of the performance of its responsibilities pursuant to this
Agreement.
11. NOTICE. Any and all notices pursuant to, or in furtherance of the purposes of, this
Agreement shall be deemed delivered if personally served upon the County Executive
Office of County or upon the City Administrator’s Office of City or if sent via the United
States Postal Service, postage prepaid:
Directed to County, addressed as follows:
Director
Office of Supportive Housing
County of Santa Clara
2310 N. First Street, Suite 201
San Jose, CA 95131
Directed to City of Gilroy, addressed as follows:
City Administrator
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City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
12. DISTRIBUTION OF FUNDS. Funds available on an annual basis for PLHA activities
will equal the amount of the annual allocation of PLHA funds to the PLHA Consortium
less 5% of the total annual allocation for administrative costs in accordance with Article
V of the Guidelines.
Program income received in a Calendar Year or funding that was returned (through loan
repayments, return of unused funds, or otherwise) from any prior Calendar Year may be
added to the amount to be made available for PLHA-assisted activities in any given year,
in compliance with the HCD-approved Program Income Reuse Plan. Notwithstanding the
foregoing, County has and retains the right to reallocate uncommitted funds (that is,
funds that are not allocated to an eligible activity) or funds committed to PLHA activities
that are not progressing in compliance with PLHA program requirements to other
activities to ensure compliance with section 300(e) of the Guidelines and ensure that the
PLHA Consortium is eligible to receive annual allocations of PLHA.
There will be no guaranteed minimum nor maximum amount of funding allocated to
County or any Consortium City or to activities located within County or any Consortium
City. Notwithstanding the foregoing, County acknowledges its intent to reprogram
Program Income received from the City’s activities in partnership with City.
12.1 PLHA FUNDING CYCLE
The PLHA Consortium will utilize the County’s existing solicitation process to identify
multifamily affordable and supportive housing rental housing and homeownership
opportunities. Specifically, the over-the-counter Supportive Housing Development
Program Notice of Funding Availability will be utilized to identify development proposal
for consideration. All proposals must be submitted directly to the County. The County
through the Office of Supportive Housing will provide a recommendation to the PLHA
Consortium for consideration. Services provided to the homeless will be consistent with
the 2020 – 2025 Community Plan to End Homelessness, the recommendations from the
2020 Countywide Unhoused Task Force, and the Santa Clara County Continuum of Care.
Quality Standards.
County will request a list of activities from the Consortium Cities every February for
PLHA-assisted activities. Each Consortium City reserves the right to establish such list
through a formal action or discussion at the City Council level. The County intends to
establish a funding cycle calendar which delineates the steps the PLHA Consortium will
take and deadlines for activities to be considered for an award of PLHA funding. County
reserves the right to determine threshold eligibility of proposed activities and to work
with the PLHA Consortium on developing a set of recommendations that are not
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administratively burdensome. To that end, the PLHA Consortium agrees to establish a
minimum award of $20,000 for any approved activity.
Prior to final approval of the funding recommendations by County’s Board of
Supervisors, which shall take place during a regularly scheduled Board of Supervisors
meeting, County will make available for review and comment by the Consortium Cities
the following information: a description of the proposed activities to be undertaken and
preliminary allocations of funding. Each Consortium City shall have 21 calendar days
after the information is made available to request revisions to the funding
recommendations. In the event that a revision is requested, a committee will be
convened, with up to one representative from each Consortium City that chooses to
participate, to discuss, determine and approve the final funding recommendations. The
committee shall adhere to established funding priorities and consider threshold eligibility
as well as each activity's readiness, when making final funding recommendations to the
Board of Supervisors.
12.2 ADMINISTRATIVE FEES
Pursuant to section 301(b) of the Guidelines, HCD permits a jurisdiction to retain up to
5% of each annual PLHA allocation for the administration of the PLHA program.
County, as the Administering Local Government, will retain the administrative set-aside
to offset the costs of administering the PLHA program. No administrative funds will be
allocated to any Consortium City.
12.3 EXCLUSION OF FUNDS
This Agreement applies only to those funds received under the PLHA program and
program income generated by PLHA funds. This Agreement does not apply to or control
funds other than those described in this section.
12.4 PLHA CONSORTIUM’S OBLIGATION TO DISTRIBUTE FUNDS
If PLHA funds are not awarded to the PLHA Consortium by HCD or if this Agreement is
terminated or suspended, County has no obligation to provide PLHA funding.
13. ELIGIBLE ACTIVITIES. The PLHA Consortium recognizes the creation and
preservation of affordable rental and ownership housing in Santa Clara County and
assistance to persons who are experiencing or at-risk of homelessness as high priorities.
The implementation of the programs will be determined by County upon consultation
with the Consortium Cities, including guidance from their respective City Council as
needed, and will depend upon the availability of funding to operate the program and the
administrative capacity of County and/or subcontractor(s). For purposes of this
agreement and the terms and conditions contained herein, eligible activities shall include
the full list of eligible activities outlined by HCD for the PLHA program as contained in
the 2019 Permanent Local Housing Allocation Final Guidelines Section 301(a), as may
be amended by HCD.
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Consortium Members agree to the following:
13.1 Cities may direct all or a portion of their annual PLHA allocation be used for
specific use(s) to benefit their respective city or pool their funds with other
Consortium Funds to fund eligible uses countywide, provided that no one eligible
use will utilize less than the lesser of the city’s total allocation for that Fiscal Year,
or $20,000. As such, the City of Gilroy directs that their annual PLHA allocation
be used for the following specific use(s):
13.1.1 100% of the City of Gilroy’s annual PLHA allocation, minus the five
percent (5%) administrative fee which shall be retained by County for
administration of the PLHA program, will be used within the City Limits
of the City of Gilroy unless expressly agreed upon by the City of Gilroy to
pool funds for other Countywide projects. The use of the funds for the
funding cycles within the initial five-year agreement shall be allocated as
follows:
30% towards Homeownership Down Payment Assistance Program
pursuant to section 301(a)(2) of the Guidelines, the
predevelopment, development, acquisition, rehabilitation, and
preservation of Affordable rental and ownership housing, including
Accessory dwelling units (ADUs), that meets the needs of a
growing workforce earning up to 120 percent of AMI, or 150
percent of AMI in high-cost areas. ADUs shall be available for
occupancy for a term of no less than 30 days and/or section
301(a)(9) of the Guidelines, homeownership opportunities,
including, but not limited to, down payment assistance.
50% towards Homelessness prevention programs and 20% towards
basic services for the homeless including the costs associated with
administering a safe park program pursuant to section 301(a)(6) of
the Guidelines, assisting persons who are experiencing or At-risk
of homelessness, including, but not limited to, providing rapid
rehousing, rental assistance, supportive/case management services
that allow people to obtain and retain housing, operating and
capital costs for navigation centers and emergency shelters, and the
new construction, rehabilitation, and preservation of permanent and
transitional housing.
The City and County agree that refinement of the program implementation for the five-
year plan will be further discussed with the City Council during the first year of this
initial Consortium Agreement. This Agreement will be reopened as needed, at the request
of either party, and the County and City shall work together to determine whether any of
these activities are better suited to fit within any of the other eligible activities identified
in Section 13 entitled “Eligible Activities” that meet the City’s priorities and County’s
Program Administration requirements pursuant to section 6 above and the Guidelines.
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14. PROGRAM INCOME REUSE PLAN. As required by HCD, PLHA program income
will be governed by a Program Income Reuse Plan and utilized for eligible activities as
set forth in section 301 of the Guidelines. The Program Income Reuse Plan will be
prepared by County, with approval by the Consortium, and approved by HCD. The
Program Income Reuse Plan for this agreement shall provide for all Program Income
received from the City’s activities to the benefit of the City. The Program Income shall be
useable for City’s continued PLHA activities.
In the event the PLHA Consortium is dissolved, any remaining program income as well
as any program income subsequently received from activities undertaken by the City
through the PLHA Program shall be reallocated in accordance with the Program Income
Reuse Plan or at the direction of HCD.
15. NEW MEMBERS. New members to the PLHA Consortium may be allowed upon
receipt of a request made to County to join the PLHA Consortium as provided for below.
15.1 AUTHORIZING RESOLUTIONS
Each request to join the PLHA Consortium must be accompanied by a certified copy of
the authorizing resolution by the governing body of the requesting jurisdiction.
15.2 AVAILABILITY OF PLHA FUNDS
PLHA funds shall not be available to a new member of the PLHA Consortium until the
year in which HCD includes that jurisdiction in its calculations for distribution of PLHA
funds.
15.3 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS
County is authorized to amend this Agreement on behalf of City and County solely to add
a new member to the PLHA Consortium in addition to those listed in the recitals of this
agreement.
16. AUTHORITY TO JOIN PLHA CONSORTIUM. County and City each hereby certify
that it is authorized to enter into this Agreement.
17. COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UNDER PLHA.
City and County agree to cooperate to undertake or to assist in the undertaking of housing
assistance activities for the PLHA program.
18. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
executed in multiple counterparts, each of which shall be deemed an original agreement
and both of which shall constitute one and the same agreement. This Agreement may be
executed through the use of digital or electronic signatures provided they meet the
requirements of the Electronic Signatures in Global and National Commerce (ESIGN)
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Act and the California Uniform Electronic Transactions Act (U ETA). The counterparts
of this Agreement may be executed and delivered by electronic signature by either of the
parties and the receiving party may rely on the receipt of such document so executed and
delivered electronically as if the original had been received.
IN WITNESS WHEREOF, City and County have executed this Agreement as of the dates set
forth below.
COUNTY OF SANTA CLARA
By ________________________________
Consuelo Hernandez, Director
Date_______________________________
APPROVED AS TO FORM AND
LEGALITY:
________________
KAREN WILLIS
Deputy County Counsel
CITY OF GILROY
By ________________________________
Jimmy Forbis, City Administrator
Date_______________________________
ATTEST
By:
Thai Pham, City Clerk
Date
APPROVED AS TO FORM:
________________
ANDREW L. FABER
City Attorney
Date:______________________
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12/22/2021
12/22/2021
12/22/2021
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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
Meeting Date: May 2, 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.
BACKGROUND
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Each year, to be eligible to receive Community Development Block Grant (CDBG) funds
from the federal Department of Housing and Urban Development (HUD), several
requirements must be met. This includes holding a minimum of two public hearings for
the funding cycle, having a Five-Year Consolidated Plan, and submitting an Annual
Action Plan that identifies the specific activities the City will undertake during the
Program Year that support the goals of the Consolidated Plan.
As part of this process, the City of Gilroy has historically elected to include the use of
Housing Trust Fund (HTF) dollars in its Annual Action Plan and utilize the Housing and
Neighborhood Revitalization Committee (HNRC) to make funding recommendations for
the portion of the CDBG and HTF funds set aside for Public Services and Housing
Rehabilitation.
For Program Year 2022-2023, the City will receive an estimated $470,000 in CDBG
Funding (HUD has not announced final allocations as of the writing of this staff report).
This funding will be used to support a variety of programs and projects including funding
for public services in the form of grants to local nonprofits, housing rehabilitation and
other projects that meet CDBG criteria. As in previous years, the City has requested
applications for public service grants that have historically been allocated to the HTF.
However, in this year’s process, staff is proposing to allocate those grants to the
Permanent Local Housing Allocation (PLHA), managed by Santa Clara County, instead
of the HTF. Historically, although HTF was a separate, City-controlled funding source
and not subject to HUD requirements, the process and timing of awarding HTF funding
was blended with CDBG grant funding. This year staff used a similar method, however,
in order to preserve HTF funds, staff recommended to Council (February 20220) to use
PLHA funding (passed through the County) in-lieu of HTF funds for these public service
grants.
On April 1, 2022, a draft of the Annual Action Plan was made available on the City’s
website for a 30-day public review period. Comments on the draft plan are to be
received by May 2, 2022 at 5:00 PM.
This year’s funding cycle included the following steps and actions:
December 17 Released Notice of Funding of Availability (NOFA) for 22/23 CDBG &
HTF Funds
January 11 Public Hearing – Review of NOFA and application process for
organizations interested in Public Services and Housing Rehab grants
January 12 HNRC orientation regarding funding programs and application process.
January 31 Grant proposals due to City of Gilroy
February 16 HNRC Meeting - grant applicant presentations
March 4 HNRC Evaluations and funding recommendations submitted to City
Staff (staff develops summary based on results)
9.1
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March 9 HNRC Recommendation Meeting / Approval
April 1 to May
2 Public comment period on Draft 2022-23 Annual Action Plan (30 days)
May 2 Public Hearing before the City Council on the Draft 2022-23 Annual
Action Plan
May 15 –
August 16 Submittal window for 2022-23 Annual Action Plan to HUD
COMMUNITY DEVELOPMENT BLOCK (CDBG) GRANTS
The use of CDBG entitlement funds may be used for a wide array of activities that meet
at least one of the National Objectives:
• Benefit to low- and moderate-income persons
• Aid in the prevention of slums or blight
• Urgent need
Eligible activities include, but are not limited to:
• Public services such as meal delivery, health care, youth, senior and homeless
services, fair housing services
• Housing rehabilitation
• Public infrastructure or improvements
• Economic development including loans and grants to businesses
• Removal of architectural barriers to the elderly and disabled
Annual CDBG allocations are limited as follows:
• 15% maximum for Public Services
• 20% administrative costs
• Remainder may be used for any other CDBG eligible projects and programs
For Program Year 2022-2023, it is estimated that the City will receive $470,000 in
CDBG Funding.
HOUSING TRUST FUND (HTF) AND CONVERSION TO PERMANENT LOCAL
HOUSING ALLOCATION FUNDS
In addition to the annual CDBG allocation, the City also has historically made available
up to $168,000 from its local Housing Trust Fund (HTF). The HTF was established by
the City of Gilroy in 1997 to create a funding source to assist in the local development of
9.1
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affordable housing. Funding of the HTF comes primarily from the repayment of
promissory notes secured by the trust deeds recorded on property titles and equity
share payments from sale, or resale, of Below Market Rate (BMR) properties in Gilroy.
For Fiscal Year 2022-23, due to the depleting HTF balance, Council appropriated only
$100,000. At the February 28, 2022, City Council meeting staff presented options for
the HTF going forward including moving the public service grants to the PLHA funds,
held and administered by the County.
Council approved the recommendation and with funding available through the PLHA
Consortium Council could approve the award of the full customary amount of $168,000
or more – up to the full amount of PLHA totals for the first two years, $592,717
CONSOLIDATED PLAN & ANNUAL ACTION PLAN (AAP)
To receive federal funds, the City must submit a strategic plan, the Consolidated Plan,
every five years to HUD. Additionally, an Annual Action Plan must be submitted each
year detailing the use of funding for the various eligible uses. On July 1, 2020, the City
Council approved the 2020-2025 Consolidated Plan with the following goals:
• Preserve Affordable Housing for Home Ownership
• Small Business Expansion
• Supportive Services for Homeless
• Fair Housing Support
• Install Safety & Enhanced Public Improvements
• Workforce Development
• Supportive Services for Special Needs Populations
• Neighborhood Revitalization
Staff is now seeking approval of the 2022-2023 Annual Action Plan, which supports the
Consolidated Plan goals.
ANALYSIS
For the 2022-2023 Funding Cycle, several steps including HUD requirements have
been completed. The next step is a public hearing to receive any comments on the
draft Annual Action Plan and consideration of the funding recommendations by the
HNRC and approval of the Annual Action Plan.
The 2022-2023 Annual Action Plan marks the third year of the five-year Consolidated
Plan period, which runs from 2020-2025. The Annual Action Plan describes to the public
and HUD how the City will specifically utilize CDBG monies in the coming program year
(July 1, 2022 - June 30, 2023) and references HTF funding as well, which will be
supplanted by PLHA Consortium funding with the County.
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The HNRC evaluated and ranked Public Service and Housing Rehabilitation grant
applications received through a Request for Proposals process as noted in the timeline
above. Requests for funding exceeded the amount available, so the HNRC had the
challenging job of evaluating each proposal, selecting those to be funded and
determining the amount of funding. City staff then summarized their evaluations into a
master spreadsheet and provided the HNRC with funding Option A and Option B
(please see attachments). The HNRC selected and recommended Option B at their
March 9th meeting.
Please note that options C and D are being presented today to Council but were not
originally presented to the HNRC committee primarily due to the County developing
clarifications concerning PLHA procedures (including correspondence with HUD) and it
had not yet been determined that the City could not be a subrecipient to PLHA funds
and manage the amounts to service providers. That realization, and the resulting
increase in the minimum grant award amount (from $7,500 to $20,000), did not occur
until after the HNRC evaluated the applications.
Therefore, Council is requested to review Option B as well as Options C and D. Due to
PLHA requirements, Option A can no longer be considered for review (but has been
attached for viewing), due to the award amounts being too low for PLHA funding per the
Consortium Agreement.
The following reflect the changes that were made in creating Option C and Option D:
1) In previous years, for programs to qualify for Housing Trust Fund (HTF)
allocations, the minimum amount an organization could ask for funding their
proposed programs was set at $7,500. However, due to the new terms of the
PLHA Agreement, the new minimums increased to $20,000. This is a
requirement for PLHA eligibility in the agreement with the Santa Clara County
PLHA Consortium.
2) Considerations of PLHA Funding amounts allocated for Homeless Prevention
and Basic Needs for the next two years.
A brief overview of new options includes:
The options below don’t expend the full allocation. The City would be keeping in reserve
amounts (Option B: $101,407; Option C: $88,359; and Option D: $68,359) that could be
used for a Safe Parking program, as well as amounts for services or goods that may
qualify under the Homeless Prevention/Basic Needs categories.
Option C: Due to the increase in funds under new PLHA funding, this option reflects a
mix of both Option A (where all the organizations were given funding) and Option B
(where top-ranking organizations were given their maximum funding amounts) (chart
below and table also attached). Option A formed the baseline amounts for each agency.
Those agencies were then ranked in the top six from Option B had their recommended
award amounts increased to the maximum funding request.
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Option D: This option is based on staff’s qualitative review of the applications, while
considering: 1) Homeless Prevention and Basic Needs PLHA funding amounts for both
years; 2) evaluation of service provider performance for those who have received
funding in previous years; and 3) available funding for the different funding resources
(i.e. CDBG and PLHA) (chart below and table also attached). Staff recommends this
option to Council.
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The draft 2022-2023 Annual Action Plan included in the projects list component
information based on a very early concept of what the public service grants were going
to be. Once Council determines which option to approve, the draft plan document would
need to be adopted with changes to the project list. A motion would need to be made for
adoption to include amendments based on the option selected along with any other
changes Council may feel is appropriate after the public hearing.
RECOMMENDATION RESTATED AND EXPANDED:
Staff requests that the City Council:
a) Conduct a 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
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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 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, 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, Council may elect to:
a. Choose Option B recommended by the HNRC.
b. Choose Option C.
c. Modify any of these options to create a fifth option for Council to approve.
d. Not approve any public service 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. As
discussed above, the City has not received official notification at the time of the writing
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of this staff report informing the City of the final amount available to it. 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.
Participating in the PLHA Consortium which gives County control over funds as well as
the management of the PLHA program which consists of taking full responsibility of the;
• 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 would save City staff a considerable amount of time that it takes to
manage and administer the various program components. The County as committed
to work with the City to fund the types of programs and services the City requests,
consisted 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.
Attachments:
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1. FY 2022-2023 Draft Annual Action Plan
2. Funding Options
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Annual Action Plan
2022
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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
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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.
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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
9.1.a
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Annual Action Plan
2022
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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.
9.1.a
Packet Pg. 73 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 74 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
15
OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
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Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 76 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
17
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
9.1.a
Packet Pg. 77 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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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.
9.1.a
Packet Pg. 78 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
19
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
9.1.a
Packet Pg. 79 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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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.
9.1.a
Packet Pg. 80 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
21
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
9.1.a
Packet Pg. 81 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
22
OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 82 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
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.
9.1.a
Packet Pg. 83 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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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.
9.1.a
Packet Pg. 84 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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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
9.1.a
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Annual Action Plan
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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.
9.1.a
Packet Pg. 86 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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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
9.1.a
Packet Pg. 87 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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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
9.1.a
Packet Pg. 88 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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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)
9.1.a
Packet Pg. 89 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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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
9.1.a
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Annual Action Plan
2022
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9.1.a
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Annual Action Plan
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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.
9.1.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.
9.1.a
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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
9.1.a
Packet Pg. 94 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
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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.
9.1.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
9.1.a
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Annual Action Plan
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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
9.1.a
Packet Pg. 97 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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38
OMB Control No: 2506-0117 (exp. 09/30/2021)
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%)
9.1.a
Packet Pg. 98 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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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
9.1.a
Packet Pg. 99 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 100 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
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Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
9.1.a
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Annual Action Plan
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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
9.1.a
Packet Pg. 103 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 104 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 105 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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
9.1.a
Packet Pg. 106 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
9.1.a
Packet Pg. 107 Attachment: FY 2022-2023 Draft Annual Action Plan (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Agency Project Funding
Amount
Funding Source
Live Oak Adult Day Services Adult Day Care $7,500 CDBG Funds
Bay Area Community Health Community
Outreach and
Navigation: PrEP
$7,500 CDBG Funds- Only
has funds for one
funding cycle
Community Agency for
Resources Advocacy and
Services (CARAS)
RYSE Up $9,240 CDBG Funds
Boys and Girls Club of Silicon
Valley
Ochoa Clubhouse
CORE Program
$7,500 CDBG Funds
South County Compassion
Center
Outreach for the
Unhoused
$29,785 Housing Trust Fund
St. Joseph’s Family Center Gilroy Street Team $20,963 Housing Trust Fund
St. Joseph’s Family Center Homeless
Prevention Services
$42,000 Housing Trust Fund
Silicon Valley Independent
Living Center
Housing Services
Program for Gilroy
Residents with
Disabilities
$15,175 Housing Trust Fund
Project Sentinel Landlord/Tenant
Counseling and
Dispute Resolution
$9,250 Housing Trust Fund
The Health Trust Meals on Wheels $17,498 Housing Trust Fund
Project Sentinel Project Sentinel Fair
Housing
$7,500 Housing Trust Fund
Community Agency for
Resources Advocacy and
Services (CARAS)
Homeward Bound
Program
$14,500 Housing Trust Fund
CDBG Total
HTF Total
TOTAL FUNDS
OPTION A: Fund all organizations
$31,740
$156,671
$188,411
9.1.b
Packet Pg. 108 Attachment: Funding Options (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Agency Project Ranking Funding
Amount
Funding Source
St. Joseph’s Family
Center
Homeless
Prevention
Services
1 $65,000 Housing Trust Fund
The Health Trust Meals on Wheels 2 $27,000 CDBGPS - $22,000
Housing Trust Fund -
$4,952
Live Oak Adult Day
Services
Adult Day Care 3 $10,000 CDBG Funds
Community Agency for
Resources Advocacy
and Services
(CARAS)
Homeward Bound
Homeless
Prevention
4 $37,000 Housing Trust Fund
Project Sentinel Fair Housing 5 $21,000 Housing Trust Fund
St. Joseph’s Family
Center
Gilroy Street
Team
6 $35,000 Housing Trust Fund
CDBG Total
HTF Total
TOTAL FUNDS
Resrves
$32,000
$162,952
$194,952
OPTION B: Fund only the top 6 applications ranked by the committee
$101,407
9.1.b
Packet Pg. 109 Attachment: Funding Options (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Agency Project RANK Year 1
Funding
Year 2
Funding
Funding
Source
Live Oak Adult Day
Services
Adult Day Care 3 $10,666 $10,666 CDBG Funds
Bay Area Community
Health (BACH)
Community
Outreach and
Navigation: PrEP
$10,666 $0 CDBG Funds
Boys and Girls Club of
Silicon Valley
Ochoa Clubhouse
CORE Program
$10,666 $10,666 CDBG Funds
Community Agency for
Resources Advocacy and
Services (CARAS)
RYSE Up $0 $10,666 CDBG Funds
St. Joseph’s Family
Center
Homeless
Prevention
Services
1 $65,000 $65,000 PLHA Funds-
Homeless
Prevention
St. Joseph’s Family
Center
Gilroy Street
Team
6 $35,000 $35,000 PLHA Funds-
Basic Needs
Community Agency for
Resources Advocacy and
Services (CARAS)
Homeward Bound
Program
4 $37,000 $37,000 PLHA Funds-
Homeless
Prevention
South County
Compassion Center
Outreach for the
Unhoused
$29,000 $29,000 PLHA Funds-
Homeless
Prevention
The Health Trust (THT) Meals on Wheels 2 $27,000 $27,000 PLHA Funds-
Basic Needs
Project Sentinel Fair Housing 5 $21,000 $21,000 PLHA Funds-
Homeless
Prevention
Project Sentinel Landlord/Tenant
Counseling and
Dispute
Resolution
$20,000 $20,000 PLHA Funds-
Homeless
Prevention
Silicon Valley
Independent Living
Center
Housing Services
Program for Gilroy
Residents with
Disabilities
$20,000 $20,000 PLHA Funds-
Basic Needs
CDBG Funds
OPTION C: All Organizations that applied, including Top Rankings
$32,000.00
9.1.b
Packet Pg. 110 Attachment: Funding Options (3764 : CDBG and HTF Grant Award and Annual Action Plan)
OPTION C: All Organizations that applied, including Top Rankings
PLHA Funds (Homeless
Prevention)
PLHA Funds (Basic
Needs)
Total PLHA Funds
Total Funds $208,000
$82,000
$176,000
$94,000
9.1.b
Packet Pg. 111 Attachment: Funding Options (3764 : CDBG and HTF Grant Award and Annual Action Plan)
Agency Project Year 1
Funding
Year 2
Funding
Funding Source
Live Oak Adult Day
Services
Adult Day Care $9,500 $10,666 CDBG Funds
Bay Area Community
Health (BACH)
Community
Outreach and
Navigation: PrEP
$7,500 $0 CDBG Funds
Boys and Girls Club of
Silicon Valley
Ochoa Clubhouse
CORE Program
$7,500 $10,666 CDBG Funds
Community Agency for
Resources Advocacy
and Services (CARAS)
RYSE Up $7,500 $10,666 CDBG Funds
South County
Compassion Center
Outreach for the
Unhoused
40,000$ 40,000$ PLHA Funds-
Homeless Prevention
St. Joseph’s Family
Center
Homeless
Prevention
Services
55,000$ 55,000$ PLHA Funds-
Homeless Prevention
Project Sentinel Fair Housing 20,000$ 20,000$ PLHA Funds-
Homeless Prevention
Project Sentinel Landlord/Tenant
Counseling and
Dispute Resolution
20,000$ 20,000$ PLHA Funds-
Homeless Prevention
Community Agency for
Resources Advocacy
and Services (CARAS)
Homeward Bound
Program
20,000$ 20,000$ PLHA Funds-
Homeless Prevention
The Health Trust Meals on Wheels 27,000$ 27,000$ PLHA Funds-
Basic Needs
St. Joseph’s Family
Center
Gilroy Street Team 35,000$ 35,000$ PLHA Funds-
Basic Needs
Silicon Valley
Independent Living
Center
Housing Services
Program for Gilroy
Residents with
Disabilities
20,000$ 20,000$ PLHA Funds-
Basic Needs
CDBG Funds
PLHA Funds
(Homeless Prevention)
PLHA Funds (Basic
Needs)
Total PLHA Funds
TOTAL Funds
Reserves $68,359
OPTION D: Staff Recomendation
$32,000
$228,000
$196,000
$82,000
$114,000
9.1.b
Packet Pg. 112 Attachment: Funding Options (3764 : CDBG and HTF Grant Award and Annual Action Plan)
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
10.1
Packet Pg. 113
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
10.1
Packet Pg. 114
ATTACHMENT 1.
GPD POLICY 708 MILITARY EQUIPMENT USE
10.1.a
Packet Pg. 115 Attachment: Attachment 1 Policy 708 Version 2 (3765 : 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
10.1.a
Packet Pg. 116 Attachment: Attachment 1 Policy 708 Version 2 (3765 : 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):
10.1.a
Packet Pg. 117 Attachment: Attachment 1 Policy 708 Version 2 (3765 : 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.
10.1.a
Packet Pg. 118 Attachment: Attachment 1 Policy 708 Version 2 (3765 : 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.
10.1.a
Packet Pg. 119 Attachment: Attachment 1 Policy 708 Version 2 (3765 : Military Equipment Ordinance)
ATTACHMENT 1. a.
Policy 708.4 MILITARY EQUIPMENT INVENTORY.pdf
10.1.b
Packet Pg. 120 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 121 Attachment: Attachment 1a Inventory Version 2 (3765 : 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,
10.1.b
Packet Pg. 122 Attachment: Attachment 1a Inventory Version 2 (3765 : Military Equipment Ordinance)
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
Packet Pg. 123 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 124 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 125 Attachment: Attachment 1a Inventory Version 2 (3765 : 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.
10.1.b
Packet Pg. 126 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 127 Attachment: Attachment 1a Inventory Version 2 (3765 : 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.
10.1.b
Packet Pg. 128 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 129 Attachment: Attachment 1a Inventory Version 2 (3765 : 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
10.1.b
Packet Pg. 130 Attachment: Attachment 1a Inventory Version 2 (3765 : 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.
10.1.b
Packet Pg. 131 Attachment: Attachment 1a Inventory Version 2 (3765 : 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.
10.1.c
Packet Pg. 132 Attachment: Attachment 2 Ordinance Version 2 (3765 : 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
10.1.c
Packet Pg. 133 Attachment: Attachment 2 Ordinance Version 2 (3765 : 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,
10.1.d
Packet Pg. 134 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : 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
10.1.d
Packet Pg. 135 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : 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
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Packet Pg. 136 Attachment: Staff Report - Proposed GPD Policy for Use of Military Equipment per AB 481 (3765 : 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)
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)
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)