02/10/2022 OGC Regular Meeting
City of Gilroy Page 1 of 4 Open Government Commission Agenda
February 10, 2022
GILROY OPEN GOVERNMENT COMMISSION
MEMBERS:
Chairperson Diana Bentz
Vice Chair Karen Enzensperger
Commissioner Matthew Carvalho
Commissioner Rebecca Scheel
Commissioner (Vacant)
VIRTUAL MEETING
THURSDAY, FEBRUARY 10, 2022 | 7:00 P.M.
REGULAR MEETING
All Open Government Commission meeting materials are available online at www.cityofgilroy.org
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE OPEN GOVERNMENT COMMISSION. Public testimony is subject to reasonable regulations,
including but not limited to time restrictions for each individual speaker.
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBY
BILL 361. MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE
www.cityofgilroy.org.
Pursuant to California Assembly Bill 361, a local legislative body is authorized to hold public
meetings remotely and to make those meetings accessible to all members of the public seeking to
observe and to address the local legislative body by remote means only via a technology solution.
As such, the City will provide various options for the public to participate in the conduct of the
meeting, as indicated in detail below on this cover sheet.
In order to minimize the spread of the COVID 19 virus, the City will be offering online conferencing
via Zoom, Facebook Live, and telephone for the public to view or listen to this meeting. Written
comments can be submitted by email to Thai Nam Pham, City Clerk, at cityclerk@cityofgilroy.org.
Please note that written comments will not be read out loud, but it will be part of the written record.
To Participate via Zoom:
Weblink: https://bit.ly/3HkSx84
Or via Telephone: +1 669 900 6833
Webinar ID: 812 0404 7024
Passcode: 912994
To View the Meeting Live on Facebook:
Weblink: https://www.facebook.com/GilroyCityHallMeetings
City of Gilroy Page 2 of 4 Open Government Commission Agenda
February 10, 2022
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
OPEN GOVERNMENT COMMISSION.
In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements
to ensure accessibility to this meeting. If you need special assistance to participate in this meeting,
please contact the City Clerk 72 hours prior to the meeting at (408) 846-0204. A sound enhancement
system is also available for check out in the City Council Chambers.
Materials related to an item on this agenda submitted to the Open Government Commission after
distribution of the agenda packet are available for public inspection with the agenda packet in the
lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These
materials are also available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to publish 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 or by email at cityclerk@cityofgilroy.org
The AGENDA for this regular meeting is as follows:
1. CALL TO ORDER
2. ROLL CALL
3. REPORTS OF COMMISSION MEMBERS
4. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION
4.1. Public Comments by Members of the Public on Items not on the Agenda but
within the Commission’s Subject Matter Jurisdiction
This portion of the meeting is reserved for persons desiring to address the Commission on
matters within the Commission’s jurisdiction but not on the agenda. Persons wishing to address
the commission are requested to complete a Speaker’s Card located at the entrances and
handed to the City Clerk. Speakers are limited to three (3) minutes each. The amount of time
allowed per speaker may vary at the Chair’s discretion depending on the number of speakers
and length of the agenda. The law does not permit Commission action or extended discussion
of any item not on the agenda except under special circumstances. If Commission action is
requested, the commission may place the matter on a future agenda.
City of Gilroy Page 3 of 4 Open Government Commission Agenda
February 10, 2022
Written comments to address the Commission on matters not on this agenda may be e-mailed
to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office
at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s
Office by 1:00pm on the day of a Commission meeting will be distributed to the Commission
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 Commission 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.
5. CONSENT CALENDAR
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.
5.1. Approval of the January 20, 2021 Special Meeting Minutes
6. UNFINISHED BUSINESS
6.1. Commission Input on Training Budget for Fiscal Year 2021-22 (Continued
Discussion from January 20, 2022 Meeting)
1. Staff Report
2. Public Comment
Possible Action:
3. Motion to Receive Report
7. NEW BUSINESS
7.1. Quarterly Review of Public Records Requests Per Gilroy Code Section
17A.35 (c) (Fourth Quarter, 2021)
1. Staff Report
2. Public Comment
Possible Action:
3. Motion to Receive Report
8. CITY CLERK’S REPORT
8.1. Deputy City Clerk
8.2. Public Records Management System
9. CITY ATTORNEY’S REPORT
City of Gilroy Page 4 of 4 Open Government Commission Agenda
February 10, 2022
10. FUTURE COMMISSION INITIATED AGENDA ITEMS
11. ADJOURNMENT
FUTURE MEETING DATES
May 12, 2022 – 7:00 p.m.
August 11, 2022 – 7:00 p.m.
November 10, 2022 – 7:00 p.m.
City of Gilroy Page 1 of 4 Open Government Commission
Special Meeting Minutes | January 20, 2022
GILROY OPEN GOVERNMENT COMMISSION
THURSDAY, JANUARY 20, 2022
SPECIAL MEETING MINUTES
MEMBERS:
Chairperson (Vacant)
Vice Chair Diana Bentz
Commissioner Matthew Carvalho
Commissioner Karen Enzensperger
Commissioner Rebecca Scheel
VIRTUAL MEETING
1. CALL TO ORDER
The meeting was called to order at 5:06 PM by Vice Chair Bentz. The Vice Chair read
aloud a statement announcing that the meeting was being conducted by
teleconference pursuant to the extension of the Brown Act waivers provided for under
Assembly Bill 361, as would subsequent meetings so long as the City Council could
make findings that it was necessary in order to protect public safety and the
Governor’s declared emergency in effect.
2. ROLL CALL
Present: 4 - Vice Chair Diana Bentz
Commissioner Matthew Carvalho
Commissioner Karen Enzensperger
Commissioner Rebecca Scheel
3. SELECTION OF 2022 CHAIRPERSON AND VICE CHAIR
A motion was made by Commissioner Scheel, seconded by Commissioner
Enzensperger, to nominate Vice Chair Bentz as Chair to the commission. The
motion carried by the following vote:
Ayes: 4 - Vice Chair Bentz
Commissioner Matthew Carvalho
Commissioner Karen Enzensperger
Commissioner Rebecca Scheel
Open Government Commission Regular Meeting
Agenda Item No. 5.1
City of Gilroy Page 2 of 4 Open Government Commission
Special Meeting Minutes | January 20, 2022
A motion was made by Chair Bentz, seconded by Commissioner Carvalho, to
nominate Commissioner Enzensperger as Vice Chair to the commission. The
motion carried by the following vote:
Ayes: 4 - Chair Bentz
Commissioner Matthew Carvalho
Commissioner Karen Enzensperger
Commissioner Rebecca Scheel
4. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION
4.1. Public Comments by Members of the Public on Items not on the Agenda but
within the Commission’s Subject Matter Jurisdiction
Chair Bentz opened public comments.
Teresa Perez spoke on the following items: conduct of council members and
mayor, reports from council members on their assigned commissions, and
installation and implementation on the online-in-person hybrid meetings.
There being no other public comments, Chair Bentz closed public comments.
5. CONSENT CALENDAR (Reports attached)
5.1. Approval of the August 12, 2021 Regular Meeting Minutes
A motion was made by Commissioner Carvalho, seconded by Chair Bentz,
to approve the minutes. The motion carried by the following vote:
Ayes: 4 - Chair Bentz
Vice Chair Karen Enzensperger
Commissioner Matthew Carvalho
Commissioner Rebecca Scheel
6. UNFINISHED BUSINESS (Reports attached)
6.1. Commission Input on Training Budget for Fiscal Year 2021-22 (Continued
Discussion from August 12, 2021 Meeting)
Special Assistant to the City Clerk Anne Bybee provided the staff report. City Clerk
Pham, Assistant City Attorney Jolie Houston, and Special Assistant Bybee
responded to the commissioner’s questions.
Public Comment: There was none.
Open Government Commission Regular Meeting
Agenda Item No. 5.1
City of Gilroy Page 3 of 4 Open Government Commission
Special Meeting Minutes | January 20, 2022
A motion was made by Commissioner Scheel, seconded by Vice Chair
Enzensperger, to receive the report. The motion carried by the following
vote:
Ayes: 4 - Chair Bentz
Vice Chair Karen Enzensperger
Commissioner Matthew Carvalho
Commissioner Rebecca Scheel
7. NEW BUSINESS
7.1. Quarterly Review of Public Records Requests Per Gilroy Code Section
17A.35 (c) (Third Quarter, 2021)
Special Assistant to the City Clerk Bybee provided the staff report. City Clerk
Pham, Assistant City Attorney Jolie Houston, and Special Assistant Bybee
responded to the commissioner’s questions.
Public Comment: There was none.
A motion was made by Commissioner Scheel, seconded by Commissioner
Carvalho, to receive the report. The motion carried by the following vote:
Ayes: 4 - Chair Bentz
Vice Chair Karen Enzensperger
Commissioner Matthew Carvalho
Commissioner Rebecca Scheel
7.2. Approval of 2022 Annual Calendar of Open Government Commission
Meetings
City Clerk Pham provided the staff report and responded to the commissioner’s
questions.
Public Comment: There was none.
A motion was made by Commissioner Carvalho, seconded by Vice Chair
Enzensperger, to approve the Regular Meetings Calendar of 2022. The
motion carried by the following vote:
Ayes: 4 - Chair Bentz
Vice Chair Karen Enzensperger
Commissioner Matthew Carvalho
Commissioner Rebecca Scheel
Open Government Commission Regular Meeting
Agenda Item No. 5.1
City of Gilroy Page 4 of 4 Open Government Commission
Special Meeting Minutes | January 20, 2022
8. CITY CLERK’S REPORT
City Clerk Pham provided the City Clerk’s report and responded to the commissioner’s
questions.
9. CITY ATTORNEY’S REPORT
Assistant City Attorney Houston provided the City Attorney’s report and responded to
the commissioner’s questions.
10. REPORTS OF COMMISSION MEMBERS
Commissioner Carvalho had nothing to report.
Vice Chair Enzensperger had nothing to report.
Commissioner Scheel welcomed City Clerk Pham and thanked him for his service to
the City.
Chair Scheel encouraged the public to participate in the Civil Grand Jury process.
11. FUTURE COMMISSION INITIATED AGENDA ITEMS
Commissioner Scheel requested and received unanimous support to add two items
to an upcoming agenda. The first is the status of hybrid meetings. The second is the
status of having Spanish translations and accessibility to Spanish speakers to those
meetings.
12. ADJOURNMENT
The meeting was adjourned at 6:02 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regular adopted at a
regular meeting of the Gilroy Open Government Commission.
/s/Thai Nam Pham
Thai Nam Pam, City Clerk
Open Government Commission Regular Meeting
Agenda Item No. 5.1
CITY OF GILROY OPEN GOVERNMENT COMMISSION
STAFF REPORT
Date: February 10, 2022
To: Open Government Commission
Staff: Thai Nam Pham, City Clerk
Subject: Open Government Commission Training Budget FY 2021-22
SUMMARY
The FY 2021-22 budget approved by the City Council on June 7, 2021 includes $2,000 for
training expenditures. The funds could be used for training opportunities that would be beneficial and valuable to the Open Government Commission and related to subject matters
such as public records and government transparency. Funds are available through the fiscal year ending June 30, 2022.
At its meetings of July 8 and August 12, 2021, the Commission discussed possible training opportunities through either the annual League of Cities Conference or the 1st Amendment
Coalition organization. Staff also provided information on two online webinars that might be of interest.
Since then, Staff has notified the Commission about one (1) free webinar from Institute of
Local Government (ILG) on the topic of “Navigating Public Meetings” held on January 24, 2022. In addition, staff has looked at Best Best & Kreiger (BB&K)’s as the firm provides a variety of training to public agencies. Their relevant training to the Commission includes:
•Government survival Guide for Local Officials
•The Brown Act “Open Meetings Law”
•Ethics Training for Public Agencies
These trainings are interactive and can be given onsite, via live webinar, or virtual on-demand.
RECOMMENDED ACTION
No action required. Staff and Commission will continue to look for training opportunities that become available during Fiscal Year 2021-22.
Respectfully Submitted,
Thai Nam Pham, City Clerk
Open Government Commission Regular Meeting
Agenda Item No. 6.1
CITY OF GILROY OPEN GOVERNMENT COMMISSION
STAFF REPORT
Date: February 10, 2022
To: Open Government Commission
From: Thai Nam Pham, City Clerk
Subject: Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 (c) (Fourth Quarter, 2021)
SUMMARY
Included with this staff report are the following logs of Public Records Requests for the fourth
quarter of calendar year 2021:
•General City Public Records Requests
•Fire Department Public Records Requests
•Police Department Public Records Requests and Denial Log
There were two carryover items that staff brought forward and provided a status update at the January 20, 2022 Special Meeting. As previously discussed, the PRA received on March 2, 2021 was completed. The second outstanding PRA received on December 30, 2020 was
closed on February 4, 2022 given the requestor has been unresponsive to the City’s multiple requests for clarification.
Every records request has been logged and tracked for timely response as reflected in the
fourth quarter report.
RECOMMENDED ACTION
Staff recommends that commission receive the report.
Respectfully Submitted,
Thai Nam Pham, City Clerk
Attachments:
•General City Public Records Requests
•Fire Department Public Records Requests
•Police Department Public Records Requests and Denial Log
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Open Government Commission Regular Meeting
Agenda Item No. 7.1
Public Records Requests Filled 2021
Gilroy Police Department
Report Request October November December
Agency Requests (Not CPRA)76 95 117
Citizen Requests 82 69 97
Insurance Requests 51 63 86
Background Checks 58 76 73
Clearance Letters 7 4 2
Victim Witness Requests (Not CPRA)29 20 16
Arrest Log 20 22 23
Press Log
Subpoena Duces Tecum
Other CPRA Requests 5 6 6
Total Requests 328 355 420
Total CPRA Requests 223 234 287
Agency Requests -These are requests made by a criminal justice agency for a police report that is precluded from public release under one
of many statutes, but authorized by statute to be released to assist the agency in the administration of justice. Victim
Witness Requests -These are requests made by a Victim Witness organization for a police report that is precluded from public release under
one of many statutes, but allowed by statute to be released for the assistance to a victim for various services.
Open Government Commission Regular Meeting
Agenda Item No. 7.1
City of Gilroy – Public Records Request Quarterly Summary
Date Request Completed Notes
10/8/2021 Monterey and Tenth St 10/21/2021 Inc #2103246 PCR Request
10/17/2021 7962 Westwood Dr. #A104 10/21/2021 Inc #2105334 x4- Requested by property
management, insurance and occupant
10/19/21 8195 Westwood Dr. #25 10/22/2021 Inc #2105198
10/25/2021 5935 Rossi Lane 10/27/2021 Inc #2103935
10/25/2021 8160 Springdale Ct. 11/10/2021 Inc # 2105248
11/10/2021 715 1st Street 11/22/2021 Inc # 2105745
11/18/2021 Watsonville Rd at Hecker Pass Rd 11/22/2021 Inc # 2104857
11/28/2021 680 Birdsong Street 11/30/2021 Inc # 2105761
11/24/2021 715 1st Street 12/2/2021 Inc #2105745
12/28/2021 8342 Kelton Drive 1/4/2022 Inc #2106735
Open Government Commission Regular Meeting
Agenda Item No. 7.1