09/12/2022 City Council Regular Agenda Packet
September 9, 2022 10:30 AM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, SEPTEMBER 12, 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 meet ing 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, 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’s Office at least 72 hours prior to the meeting at
(408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that
reasonable arrangements can be made.
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 r eview of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
City Council Regular Meeting Agenda
09/12/2022 Page2 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
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
If you need assistance with translation and would like to speak during public
comment, please contact the City Clerk a minimum of 72 hours prior to the
meeting at 408-846-0204 or e-mail the City Clerk’s Office at
cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público,
comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la
junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de
la Ciudad a cityclerk@cityofgilroy.org.
The agenda for this regular meeting is as follows:
1. OPENING
1.1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation Naming September as Childhood Cancer
Awareness Month
City Council Regular Meeting Agenda
09/12/2022 Page3 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
Gilroy City Clerk’s Office at City H all, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the City Clerk’s Office by 1:00pm on the day of a Council
meeting will be distributed to the City Council prior to or at the meeting and
available for public inspection with the agenda packet located in the lobby of
Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items
received after the 1:00pm deadline will be provided to the City Council as soon as
practicable. Written material provided by public members under this section of the
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, Street Naming Committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee,
Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara
Valley Habitat Agency Implementation Board, Silicon Valley Clean E nergy 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, His toric Heritage
Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater
Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Gourmet Alley
Ad Hoc Committee, Recycling and Waste Redu ction Commission, Santa Clara Co.
Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate),
South County Joint Recycled Water Advisory Committee, South County Regional
City Council Regular Meeting Agenda
09/12/2022 Page4 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. COUNCIL CORRESPONDENCE
5.1. City Council Member Meeting Attendance
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. 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.
7.1. Action Minutes of the City Council - Regular Meeting - Aug 15, 2022
6:00 PM
7.2. Action Minutes of the City Council - Special Meeting - Study Session
- Aug 29, 2022 6:00 PM
7.3. Proclamation Naming September 17 - 23, 2022 as Constitution Week
7.4. Approval of the Update to the Gilroy Conflict of Interest Code During
Its Biennial Review
7.5. 2023 City Council Meeting Schedule
7.6. Acceptance of an Office of Traffic Safety Selective Traffic
Enforcement Program Grant for $95,000 and Adoption of a
Resolution of the City Council of the City of Gilroy Approving a FY23
Budget Amendment
7.7. Adoption of a Resolution in Opposition to the Proposed Sargent
Ranch Quarry Project in South Santa Clara County
7.8. Claim of Ceily Hepner (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim.)
City Council Regular Meeting Agenda
09/12/2022 Page5 8. BIDS AND PROPOSALS
9. PUBLIC HEARINGS
10. UNFINISHED BUSINESS
10.1. Consideration of Expanding Restrictions on Camping on Public
Property
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council consider possible expansions to the restrictions on camping on public
property and direct staff to report back on possible cha nges consistent with
Council priorities.
11. INTRODUCTION OF NEW BUSINESS
11.1. Approval of an Exclusive Negotiating Agreement by and between
Select Contracts and the City of Gilroy in Order to Assess
Opportunities for Development of the 536 Acres of Hillside Property
at Gilroy Gardens (Proposed to be Renamed the Recreation Gateway
Area)
1. Staff Report: Karine Decker, Management Analyst - Economic Development
2. Public Comment
3. Possible Action:
a) Approve an Exclusive Negotiating Agreement between the City of Gilroy and
Select Contracts and authorize the City Administrator to execute all related
documents; and
b) Approve the Gilroy Economic Development Partnership recommendation to
rename the "536 Project" to the "Recreation Gateway Area."
11.2. Award of Contract to W-Trans for Downtown Parking Management
Plan
1. Staff Report: Gary Heap, City Engineer/Transportation Engineer
2. Public Comment
3. 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 2022 -2023 and appropriating
proposed expenditure amendments from the General Fund.
b) Award a contract to W-Trans in the amount of $273,419 with a project
contingency of $27,342 (approximately 10%) for the Downtown Parking
Management Plan, Project, No. 22-RFP-PW-477 and authorize the City
Administrator to execute the contract and associated documents.
11.3. Memorandum of Understanding with the County of Santa Clara to
Utilize Affordable Housing Bonds (2016 Measure A) for the
Development of Affordable Housing at 8th & Alexander
City Council Regular Meeting Agenda
09/12/2022 Page6 1. Staff Report: Crystal Zamora, Program Administrator
2. Public Comment
3. Possible Action:
a) Approve the Memorandum of Understanding with the County of Santa Clara
to Utilize Affordable Housing Bonds (2016 Measure A) for the Development of
Affordable Housing at 8th & Alexander.
b) Authorize the City Administrator to waive development impact fees and to
execute the Memorandum of Understanding and any related documents.
c) Authorize the City Administrator to make minor modifications to the MOU with
the legal approval of the City Attorney.
12. CITY ADMINISTRATOR'S REPORTS
12.1. California Office of Emergency Services Grant
12.2. Car Show Impact on City Services
12.3. Uvas Creek Clean Up Event
12.4. Update on Unhoused Encampment at IOOF Ave and Miller Slough
12.5. South County Joint Webinar – CalHFA ADU Grant Program
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
14.1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION:
Government Code Section 54956.9(d)(1) and Gilroy City Code
Section 17A.11(3)(b) Name of case: Jesse R. Sanchez; Mirna
Leonides Sanchez; and the Estate of Jesse Sanchez, Jr. v. The City
of Gilroy; County of Santa Clara; Rebeca Armendariz; Sally
Armendariz; Domingo Armendariz Filed August 22, 2022.
1. Receive advice from City Attorney pursuant to Gilroy City Code Section
17A.11(3) to assert the attorney-client privilege and enter into closed session
because discussion in open session would likely and unavoidably prejudice the
position of the City.
2. Receive Public Comment on Closed Session Item
3. Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjourn to
Closed Session.
14.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section
17A.11 (2);
Employee Name/Title: Andy Faber, City Attorney
15. 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)
City Council Regular Meeting Agenda
09/12/2022 Page7 16. ADJOURNMENT
FUTURE MEETING DATES
SEPTEMBER 2022
19* Regular Meeting - 6:00 p.m.
OCTOBER 2022
3* Regular Meeting - 6:00 p.m.
17* Regular Meeting - 6:00 p.m.
24* Special Study Session - 6:00 p.m.
NOVEMBER 2022
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed
2.1.1
Packet Pg. 8 Communication: Proclamation Naming September as Childhood Cancer Awareness Month (Proclamations, Awards, and Presentations)
8/18/22, 6:17 PM Letter: It's time to privatize transit - Gilroy Dispatch I Gilroy, San Martin, CA
LETTER TO THE ELITOR
Letter: It's time to privatize
transit
By: JOE THOMPSON M August 18, 2022
RE CCEIWLEID
AUG 2 2 2022
GILROY CITY CLERK'S OFFICE
J0 040
Regarding more public sector rail transit boondoggles feasting off taxpayers forcing up gas taxes and auto
fees so that politicians can crow "success" about boondoggle monstrosities like County Transit, Caltrain,
Amtrak, etc., thanks for considering transport options, one of my favorite subjects.
The late Secretary Mineta said, in 1996 while I was doing post-doc study of transport law and policy at the
Institute which now bears his name, "The crucial question in transportation today is: What should
government do, and what should it leave to others?" He was right then, and he's right now, God bless his
soul.
Private or public? Capitalist or socialist? What does history tell us? In his immortal "How We Built the
Transcontinental Railroad," Grenville Dodge recalled Lincoln's advice to him at the White House in 1864
when Dodge insisted that the TC railroad be government owned. Lincoln was right then, but we have not
learned from our history.
THE rzILROY GILROYH DISPATCH
BEST OF 2022 VOTE
During WWI, the Wilson Administration nationalized the railroads, bringing chaos, and stopped traffic dead in
the tracks, so in 1920 we de -nationalized the RRs. But we didn't learn from our history.
https://gilroydispatch.com/letter-time-privatize-transit/ 1/2
3.1.1
Packet Pg. 9 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
8/18/22, 6:17 PM Letter: It's time to privatize transit - Gilroy Dispatch 1 Gilroy, San Martin, CA
In 1970 Congressmen stood on the floor of the House and proclaimed that Amtrak "would be self-sufficient
in three years." Never happened; deficits have only worsened. On Sept. 11, 2001 we had Amtrak, but what
was the airport security like? Traffic World reported that Amtrak's subsidies by Sept. 11, 2001, in $100 bills,
was a stack higher than the World Trade Center Towers had stood. And still we have not learned from our
history.
Promoters of the CAHSRA Bullet Train, including Hon. Rod Diridon, who debated on Prop. 1 before the
election in 2008 said that we didn't need to worry about UPRR's eminent domain authority being superior to
CAHSRA's eminent domain authority, they would make Gilroy the South Bay Hub, and go on BNSF's tracks.
Of course, to do that you'd have to move Gilroy to Stockton. And still we have not learned from our history.
It's high time that we privatized socialist transit, all modes, and returned to our free enterprise roots in
transport in the USA and boondoggle capital California. Caveat viator.
THE
BEST OF
GILROY
2022
GILROY- : DISPATCH VOTE
Joe Thompson
Past -President, 1999-2001, 2006, Gilroy -Morgan Hill Bar
Assn.
https://gilroydispatch.com/letter-time-privatize-transit/ 2/2
3.1.1
Packet Pg. 10 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
JOSEPH P. THOMPSON
Attorney at Law
952 School Street, #376, Napa, CA 94559
Telephone (408) 848-5506
E-mail: TransLaw@PacBell.Net
SHORT VERSION:
Joe Thompson is a graduate of the Santa Clara University
School of Law. He is admitted to practice before the U.S. Supreme
Court, the U.S. Court of Appeals for the Ninth Circuit, all U.S. District
Courts in California, and before the California Supreme Court. He is
past -president (twice) of the Gilroy --Morgan Hill Bar Assn.
LONG VERSION:
Joe Thompson is a member of the Transportation Lawyers
Assn., and serves on TLA's legislation (past Chair), intermodal,
arbitration, and freight claims committees. He is a member of
Transportation & Logistics Council, Inc. He has served on the
Executive Committee of the Santa Clara County Bar Assn.'s Debtor -
Creditor -Commercial Law Section. He was a member of the
Association for Transportation Law, Logistics & Policy, and a
candidate for the American Society for Transportation and Logistics.
He served on the Government Review Councils of the San Benito
County and Gilroy Chambers of Commerce, and was a member of the
Gavilan Employers Advisory Council. He was appointed to the San
Benito County Citizens Rail Advisory Committee, San Benito County
Citizens Transit Task Force, and served on the Steering Committee of
the Safe Kids Coalition. He was a member of Citizens for Reliable and
Safe Highways, and the Conference of Freight Counsel. He received
the National Directors Award for the best transportation research
paper in the U.S. in 1997 from the AST&L. During Governor Pete
Wilson's administration, he participated three years in the Regulatory
Reform Roundtable. He is a 1966 graduate of the Motor Carrier Fleet
Safety Supervisor School at U.C.-Berkeley, and was employed as
dispatcher and supervisor by Pacific Motor Trucking (1964-1970), and
as clerk by Union Pacific Railroad (1970-1980). His articles have been
published by Transportation Law Journal, Western Growers
Association Magazine, and Transportation Lawyer Magazine and
Salinas Californian.
3.1.1
Packet Pg. 11 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
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3.1.1
Packet Pg. 12 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
8/18/22, 6:26 PM Dying Transit Industry Grasps for Solutions I Cato at Liberty Blog
DECEMBER 8, 2021 2:26PM
Dying Transit Industry Grasps for Solutions
By Randal O'Toole
Your industry gets government subsidies equal to two-thirds of its operating costs and all of its capital
costs, and still most people refuse to use your services. Do you:
a. Increase operating subsidies so you can give away your services for free?
b. Spend more on capital improvements that haven't attracted more customers in the past?"--"--"---
c. Penalize American who aren't using your services?
d. Redefine your mission so that you appear relevant even if almost no one uses your service?
w about e. All of the above'? l hat appears to be the transit industry's solution to the fact that,
except in New York City, almost no one rides transit anymore. Data released by the Department of
Transportation early this week, for example, reveals that October transit ridership was barely more
than half of pre -pandemic levels even as driving has returned to nearly 100 percent, flying is 80
percent, and Amtrak is 72 percent. Even in New York, transit ridership remained less than 57 percent of
pre -pandemic levels.
To get riders back, transit agencies are trying a variety of strategies:
Free fares: President Biden is going to Kansas City this week to promote free transit. Since taxpayers
are already subsidizing so much of the cost of providing transit, why not just have them subsidize all of
it? Kansas City adopted free fares last year and ridership increased a little bit. But Kansas City
residents still travel by car more than 500 times as much as they ride transit, so what is the point of
free fares?
Capital projects: Meanwhile, transit agencies all over the country are gleefully anticipating their share
of the billions of dollars of transit funds in the recent infrastructure bill. Portland, whose last light -rail
line cost $1.5 billion and yielded zero net new riders, wants to spend billions more on its next light -rail
line. Denver's Regional Transit District wants to build a rail line to Longmont even though its own
analysis found that it would end up costing $65 per rider. St. Louis wants to build a new light -rail line
even though its transit system carried fewer riders in 2019 than it did before it started building light rail
in the early 1990s.
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3.1.1
Packet Pg. 13 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
8/18/22, 6:26 PM Dying Transit Industry Grasps for Solutions I Cato at Liberty Blog
Penalize the competition: Automobiles are faster, more convenient, less expensive, and —in most urban
areas —greener than transit. The obvious solution, if you are a transit agency official, is to make driving
slower, less convenient, and more expensive.
fr ,
U
It's too easy to drive in this city," says Los Angeles Metro CEO Phil Washington, referring to the city
that is often ranked as one of the most congested in the world. Washington's solution to declining bus
ridership is to convert many of the lanes on major streets to exclusive bus lanes, thus increasing
congestion and, he hopes, forcing a few people out of their cars. Cities all over the country are
proposing such "bus -rapid transit" projects, which sound good on paper until you realize that most of
them will make congestion worse, not better. Other proposals call for reducing the amount of parking
available to drivers, forcing them to ride transit instead.
Change the mission: Transit is sold to voters based on its ability to reduce congestion, save energy,
and protect the environment, but it can't do any of those things if hardly anyone rides it. A recent
report published by the American Public Transportation Association urges transit agencies to "define
just ridership."
I•
success as more than Think of transit less as a business and more as an essential
service," says the report, encouraging agencies to focus on "socially equitable transit access." But
essential and equitable for whom?
Supposedly, many "essential workers" during the pandemic had low incomes that made them
dependent on transit. In fact, in 2019, only 5 percent of workers whose incomes were below $25,000
a year commuted to work by transit. During the pandemic, the percentage of all workers taking transit
declined from 5 percent to 3.2 percent. Meanwhile, most of the subsidies to transit come from
regressive taxes such as sales or property taxes. This means the 95 percent of low-income workers
who don't use transit are disproportionately paying for transit rides they aren't taking. This is the very
definition of inequity. 5
The one thing all of these strategies have in common is they increase subsidies to transit. That's
exactly the wrong prescription for an industry that is so obsolete that, according to researchers at the
University of Minnesota, people living in the nation's 50 largest urban areas can reach more jobs on
a bicycle than by transit in trips of 50 minutes or less.
The reality is that alternatives to transit are a lot less expensive and far more effective at solving the
problems that transit no longer addresses. Improved traffic signal coordination, which most cities have
failed to install partly because of anti -automobile mentality, will relieve more congestion than all of the.
light -rail lines in the world. Making automobiles just one percent more energy efficient will reduce
greenhouse gases far more than spending tens of billions on transit. Helping the last few low-income
families who don't have cars obtain automobiles will help them out of poverty by giving them access
to far more jobs than transit can reach.
iV 19L. r S tk " 170.474/ c9ar%tk—f-7:,‘1)
https://www.cato.org/blog/dying-transit-industry-grasps-solutions 2/3
3.1.1
Packet Pg. 14 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
8/18/22, 6:26 PM Dying Transit Industry Grasps for Solutions 1 Cato at Liberty Blog
Despite receiving more than S50 billion in subsidies per year, the transit industry was dying before the
pandemic and the pandemic has just about killed it off. It's time to stop subsidizing an obsolete
transportation system.
RELATED TAGS
Tax and Budget Policy, Transportation
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Packet Pg. 15 Communication: Public Comment - Joe Thompson (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
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Packet Pg. 16 Communication: Public Comment - Don Veith (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
3.1.3
Packet Pg. 17 Communication: Public Comment - River Brown (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
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Packet Pg. 18 Communication: Public Comment - Susie MacLean (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
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Packet Pg. 19 Communication: Public Comment - Carol Weiss (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT
Present Absent Present Absent Present AbsentMarie Blankley32 0 18 0 50 0Rebeca Armendariz29 3 16 2 45 5Dion Bracco32 0 18 0 50 0Zach Hilton26 6 12 6 38 12Peter Leroe‐Muñoz30 2 17 1 47 3Carol Marques32 0 16 2 48 2Fred Tovar31 1 17 1 48 22021 2022 (YTD) TOTALCity of Gilroy City Council Member Attendance to Council Meetings(2021 ‐ 2022 YTD)5.1Packet Pg. 20Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)
2022 Calendar Year Attendance1/10/2022 Regular1/24/2022 Regular2/7/2022 Regular2/15/2022 Special2/28/2022 Regular3/7/2022 Regular3/21/2022 Regular4/4/2022 Regular4/18/2022 Regular4/25/2022 Special5/2/2022 Regular5/16/2022 Regular06/06/2022 Regular6/20/2022 RegularMarie BlankleyPPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPPAPPPAPDion Bracco PPPPPPPPPPPPPPZach Hilton PAPPPAPPAAPPAPPeter Leroe‐MuñozPPPPPPPPPPPPPPCarol MarquesPPPPPPPPPAPPPAFred Tovar PPPPPAPPPPPPPP7/5/2022 Regular8/1/2022 Regular8/15/2022 Regular8/29/2022Special Study Session9/12/2022 Special9/19/2022 Regular10/3/2022 Regular10/17/2022 Regular11/7/2022 Regular11/21/2022 Regular12/5/2022 SpecialMarie BlankleyPPPPRebeca Armendariz P P P PDion Bracco P P P PZach Hilton P P P APeter Leroe‐Muñoz P P P ACarol Marques P P P PFred Tovar PPPPMarie BlankleyRebeca ArmendarizDion BraccoZach HiltonPeter Leroe‐MuñozCarol MarquesFred TovarTotal 2022 Present YTD Total 2021 Absent YTD18 016 218 012 617 116 217 15.1Packet Pg. 21Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)
2021 Calendar Year Attendance1/4/2021 Regular1/11/2021 Special Study Session1/25/2021 Regular2/1/2021 Regular2/10/2021 Special2/22/2021 Special3/01/2021 Regular3/8/2021 Specal Study Session3/15/2021 Regular3/29/2021 Special Study Session04/05/2021 Regular4/19/2022 Regular05/03/2021 Regular05/10/2021 Special5/17/2021 Regular5/24/2021 SpecialMarie BlankleyPPPPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPPPPPPPPPPDion BraccoPPPPPPPPPPPPPPPPZach HiltonPPPPPPPPPPPPPAPPPeter Leroe‐MuñozPPPPPPPAPPPPPPPPCarol MarquesPPPPPPPPPPPPPPPPFred TovarPPPPPAPPPPPPPPPP06/07/2021 Regular06/21/2021 Regular07/01/2021 Regular08/02/2021 Regular08/16/2021 Regular8/23/2021 Special09/13/2021 Regular9/14/2021 Special09/20/2021 Regular10/04/2021 Regular10/18/2021 Regular10/25/2021 Special11/1/2021 Special11/15/2021 Special12/06/2021 Special12/13/2021 SpecialMarie BlankleyPPPPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPAPPPPAPAPDion BraccoPPPPPPPPPPPPPPPPZach HiltonPPPPAPPAAPPPAPPAPeter Leroe‐MuñozPPPAPPPPPPPPPPPPCarol MarquesPPPPPPPPPPPPPPPPFred TovarPPPPPPPPPPPPPPPPMarie BlankleyRebeca ArmendarizDion BraccoZach HiltonPeter Leroe‐MuñozCarol MarquesFred Tovar29 332 026 6Total 2021 Present Total 2021 Absent32 0232 031 1305.1Packet Pg. 22Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)
City Council Regular Meeting Minutes
August 15, 2022
Page 1 of 8
City of Gilroy
City Council Regular Meeting Minutes
August 15, 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 Marques led the Pledge of Allegiance.
2. Invocation
Invocation was led by Pastor Quirke from South Valley Community Church.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
Finance Director Sangha introduced Financial Analyst Dawn Allen.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. Annual Parks and Recreation Commission Presentation
Parks and Recreation Commission Chair Graham provided the presentation
to Council.
3.2. Presentation from SCC Office of Supportive Housing
SCC Office of Supportive Housing Director Consuelo Hernandez provided the
presentation to Council and answered Council Members questions.
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City Council Regular Meeting Minutes
August 15, 2022
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3.3 PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF
THE CITY COUNCIL
The following individuals spoke on items that were not on the agenda:
Paul Lynam spoke about the proposed electronic billboard ordinance
and requested Council to carefully review the initial study that he
presented to Council and recommend for a full environmental impact
report.
Marty Estrada spoke on in favor of Youth Center with a pool within the
City.
Araceli Vaquera thanked Chief Espinoza and Gilroy Police Department
for their services and addressed the issues that occur in her of her
neighborhood.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendáriz had nothing to report.
Council Member Marques had nothing to report.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Valley Clean Energy Authority JPA Board. He also welcomed youth
of Gilroy back to school. Lastly, he stated he will be introducing a safe -storage
firearms ordinance under Future Council Initiated Agenda Items at the
September 12th meeting.
Council Member Tovar reported on Gourmet Alley Ad Hoc Committee.
Vice Mayor Leroe-Muñoz had nothing to report.
Mayor Blankley reported SCRWA, VTA Board of Directors, and VTA Policy
Advisory Committee.
5. COUNCIL CORRESPONDENCE
There were none listed.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Tovar requested to agendize having March 31st as Cesar
Chavez Day (March 31st) as an official city holiday. The request received
unanimous support.
Council Member Armendariz requested staff for an inventory of available park
acreage facilities and activities in the City, specifically that are youth focused and
accessible to low income families. City Administrator Forbis stated that he could
provide a report to Council as Council Correspondence.
7.1
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7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
7.1. City Council - Regular Meeting - Aug 1, 2022 6:00 PM
A motion was made to approve the minutes.
7.2. Acceptance of the City Fiscal Year 2020-21 Federal Single Audit, and the
Amended Annual Comprehensive Financial and Single Audit Reports for
Fiscal Year 2019-20
A motion was made to accept and file the City Fiscal Year 2020 -21 Federal
Single Audit and accept file the City’s amended Annual Comprehensive
Financial and Single Audit reports for Fiscal Year 2019-20.
7.3. Adoption of a Resolution Approving Budget Amendments in Fiscal Year
2022-23 Adding $244,000 from the Office of the District Attorney and
$172,550 from the Probation Office to the Gang Prevention and
Intervention Fund
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-63
7.4. Adoption of a Resolution of the City Council of the City of Gilroy to
Release Unclaimed Checks to the City's General Fund in Accordance
with California Government Code Section 50053 and Section 50055
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-64
7.5. Adoption of an Ordinance approving a Planned Unit Development
Zoning Amendment (Z 21-04) for property located on Gurries Drive
(APN: 790-35-038, 039, & 054)
A motion was made to adopt the Ordinance.
Enactment No.: Ordinance No. 2022-06
7.6. Adoption of an Ordinance approving 700 W Sixth Street Rezoning from
Professional Office (PO) to Single Family Residential (R1) Zone
A motion was made to adopt the Ordinance.
Enactment No.: Ordinance No. 2022-07
7.7. Approval of a Notice of Acceptance of Completion, and Reduction of the
Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2018-03, Montonico – Tract 10345
A motion was made to approve the Notice of Acceptance of completion.
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City Council Regular Meeting Minutes
August 15, 2022
Page 4 of 8
7.8. Approval of the Annual Evaluation Report for the Santa Clara County
Multi-Jurisdictional Program for Public Information Associated with the
Community Rating System of the National Flood Insurance Program
A motion was made to approve the item.
7.9. Purchase of Five Dodge Durango Police Pursuit Vehicles Via Alameda
County Tag-On Bid Process (Master Contract No. 902035)
A motion was made to approve the item.
8. BIDS AND PROPOSALS
8.1. Award of Contract to CSG Consultants for the Design of the Gourmet
Alley and Railroad Alley Pedestrian and Bicycle Beautification
Improvements Project (No. 22-RFP-PW-478) in the amount of $343,240
with a Project Contingency of $34,760 (~10%) and Approv e a Project
Expenditure of $378,000
Public Works Director Jordan gave a brief presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed Public Comment.
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 2022 -2023 and appropriating
proposed expenditure amendments.
b) Award a contract to CSG Consultants in the amount of $343,240 with a
project contingency of $34,760 (approximately 10%) for the design of
the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification
Improvements Project, No. 22-RFP-PW-478 and authorize the City
Administrator to execute the contract and associated documents.
RESULT: ADOPT A RESOLUTION AND AWARD A CONTRACT TO
CSG CONSULTANTS
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-65
9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of Gilroy
Adopting a Short-Term Interim Franchise Agreement with Recology South
Valley for Solid Waste Hauling Services and a Finding that Its Action in
Adopting the Ordinance is Exempt From Review Under the California
Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section
15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance
Will Continue an Existing State-Mandated Program for the Protection of
Public Health and the Environment, and None of the Circumstances in
CEQA Guidelines Section 15300.2 Apply.
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City Council Regular Meeting Minutes
August 15, 2022
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Mayor Blankley asked the Council if they have any ex -parte communications to
disclose. There were none disclosed.
Senior Management Analyst Atkins gave staff prese ntation and responded to
Council Member questions.
Mayor Blankley opened the Public Hearing at 6:55 PM.
There being no comments, Mayor Blankley closed the public hearing at 6:55 PM.
Possible Action:
a) Motion to read the ordinance by title only and waive any further
reading.
RESULT: READ TITLE ORDINANCE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
City Clerk Pham read aloud the title of the ordinance.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy
approving a short-term interim franchise agreement with Recology
South Valley for solid waste hauling services.
RESULT: ADOPT 1ST READING OF ORDINANCE
[UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No.: Ordinance No. 2022-08
9.2. Establishment of Application Fees for Flying a Commemorative Flag at City
Hall
Mayor Blankley asked the Council if they have any ex-parte communications to
disclose. Mayor Blankley disclosed she emailed two residents about the item.
Senior Management Analyst Atkins gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened the Public Hearing at 7:00 PM.
There being no comments, Mayor Blankley closed the public hearing at 7:00 PM.
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Possible Action:
Council adopt the resolution to establish an application fee for flying
commemorative flags at City Hall.
RESULT: APPROVE [5 TO 2]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
Enactment No.: Resolution No. 2022-66
10. UNFINISHED BUSINESS
There were none listed.
11. INTRODUCTION OF NEW BUSINESS
11.1. Approve a Marketing and Economic Development Agreement with the
Gilroy Chamber of Commerce
City Administrator Forbis gave staff presentation. He and Gilroy Chamber of
Commerce CEO Mark Turner responded to Council Member questions.
Mayor Blankley opened Public Comment.
Ron Kirkish spoke about the need of an adversarial system between labor
and business.
There being no further comments, Mayor Blankley closed Public Comment.
Possible Action:
Approve a Marketing and Economic Development Agreement with the
Gilroy Chamber of Commerce for an Annual Amount Not to Exceed
$50,000, Plus a Percentage of Administrative Grant Funding for the
Business Community Received, and Authorize the City Administrator to
Execute the Agreement.
RESULT: APPROVE WITH SPECIFIC VERBIAGE THAT NONE OF
THE CITY FUNDS GOES TO SPECIFIC POLITICAL
ENDORSEMENTS [6 TO 1]
MOVER: Marie Blankley, Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques,
Tovar
NAYS: Zach Hilton
11.2. Rename Gilroy Museum's Research Room After the Late Author and
Museum Volunteer Claudia Salewske
Recreation Manager Henig gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Connie Rogers stated that this recognizing Claudia Salwske was long
overdue and urged Council to adopt the item.
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City Council Regular Meeting Minutes
August 15, 2022
Page 7 of 8
There being no further comments, Mayor Blankley closed Public Comment.
Possible Action:
Motion to approve the Parks and Recreation Commission's
recommendation to rename Gilroy Museum's Research Room to the
"Claudia Salewske Research Room."
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
11.3. Gilroy Zoning Ordinance Update Progress Report
Senior Planner Tamborini gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Joe Goggiano requested Council to carefully review the zoning ordinance
update when it come back before them.
There being no further comments, Mayor Blankley closed Public Comment.
Possible Action:
Accept the Zoning Ordinance update progress report.
RESULT: RECEIVE REPORT
11.4. Consideration of Formal Council Position On the Proposed Sargent
Ranch Quarry Project in South Santa Clara County
Community Development Director gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
The following speakers spoke in favor for Council to adopt a resolution in
opposition of the proposed Sargent Ranch Quarry Project:
Brian Schmidt
Erik Medina
Michelle Nelson
Lou Chiaramonte, Jr.
Connie Rogers
Carolyn Tognetti
Valentin Lopez
Catherine Luna
Tedde Simon
Joseph Robinson
Sally Armendariz
Ron Kirkish
There being no further comments, Mayor Blankley closed Public Comment.
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Possible Action:
Council consider adopting a formal position on the proposed Sargent
Ranch Quarry Project in South Santa Clara County.
A motion was made by Council Member Tovar, seconded by Council
Member Hilton, to adopt a resolution in opposition of the proposed
Sargent Ranch Quarry Project and direct City Staff to speak at the
Public Hearing at the Santa Clara County Planning Commission in
accordance with the resolution in opposition of the project. The motion
failed by the following vote:
RESULT: FAILED [3 TO 4]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Rebeca Armendariz, Zach Hilton, Fred Tovar
NAYS: Marie Blankley, Dion Bracco, Peter Leroe-Muñoz, Carol
Marques
A motion was made by Council Member Tovar, seconded by Council
Member Marques, to adopt a resolution in opposition of the proposed
Sargent Ranch Quarry Project in South Santa Clara County. The motion
was carried by the following vote:
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
12. CITY ADMINISTRATOR'S REPORTS
12.1. Report on the City’s Grant Applications and Awards
City Administrator Forbis provided a brief report.
13. CITY ATTORNEY'S REPORTS
There were none listed.
14. CLOSED SESSION
There were none listed.
15. ADJOURNMENT
The meeting was adjourned at 8:35 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 Nam Pham, CMC, CPMC
City Clerk
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City Council and Planning Commission Joint Special Study Session Minutes
August 29, 2022
Page 1 of 2
City of Gilroy
City Council and Planning Commission Joint Special Study Session Minutes
August 29, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:02 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Armendariz led the Pledge of Allegiance.
2. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Absent
Zach Hilton Council Member Present
Peter Leroe-Muñoz Mayor Pro Tempore Absent
Carol Marques Council Member Present
Fred Tovar Council Member Present
Manny Bhandal Planning Commission Chair Present
Annedore Kushner Planning Commission Vice Chair Present
John Doyle Planning Commissioner Absent
Stefanie Elle Planning Commissioner Present
Adriana Leongardt Planning Commissioner Present
Joan Lewis Planning Commissioner Present
Adilene Jezabel Moreno Planning Commissioner Present
2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL AND PLANNING COMMISSION
Mayor Blankley opened public comment.
There being no speakers, Mayor Blankley closed public comment.
3. STUDY SESSION
3.1. Housing Element Update Study Session
Customer Service Manager McCormick introduced Dan Wery, Principal
Community Planner from Michael Baker International, who provided the
presentation and responded to Council Member and Planning Commissioner
questions.
Mayor Blankley opened part one of public comment.
Giovanni Ottolini requested Council and Planning Commission to adopt
labor standards that any proposed future developments pay fair standard
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City Council and Planning Commission Joint Special Study Session Minutes
August 29, 2022
Page 2 of 2
carpenter livable wages, healthcare coverage, and commitment to hire
local carpenters, including apprentices.
James Suner commented that the City’s process is one of the difficulties
of getting projects up and running for development.
Vanessa Ashford commented about how the City zoned areas, RHNA
numbers, livable wages, and Section 8 housing.
Amalia Lopez commented that she is worried that she does not qualify for
low income housing.
Lucy Navarro commented that the definition of affordable is not affordable
for many of the residents within Gilroy and brought forth an issue between
residents and the Glen Loma Ranch Development.
Ron Kirkish commented that parking must be part of housing element .
Jan Guffey commented on the unhoused in Gilroy and stated that
essential workers that work in Gilroy need housing here as well.
Jane Barr commended City's work on hou sing element and reiterated Mr.
Wery’s statement on specific plans.
David Almeida commented he would like to see a vision of enabling small
developers in downtown area neighborhoods.
Jan Bernstein Chargin reiterated the statement that affordable housing in
Gilroy is not affordable and that the City has to be deliberate about getting
very low income and special needs housing built.
There being no further speakers, Mayor Blankley closed public comment.
Council and Planning Commissioners continued asking que stions to Mr. Wery
and staff.
Mayor Blankley opened part two of public comment.
Bill O’Connor commented stated the City has more than enough above -
moderate housing and should not take any more applications for same.
There being no further speakers, Mayor Blankley closed public comment.
4. ADJOURNMENT
The meeting was adjourned at 7:48 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
7.2
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7.3
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Update to the Gilroy Conflict of Interest
Code During Its Biennial Review
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy in review of the Gilroy Conflict
of Interest Code pursuant to its biennial review.
BACKGROUND
The City of Gilroy has adopted the terms of California Code of Regulations, Regulation
18730 and amendments, as the Conflict of Interest (“COI”) Code of the City of Gilroy
pursuant to the California Political Reform Act. The Political Reform Act requires each
agency to update its COI Code biennially, each even year, if necessary, to ensure that
the local code accurately designates all positions that make or participate in the making
of governmental decisions, and that the disclosure categories assigned to those
positions accurately obligates the filer to disclose all investments, business positions,
interests in real property, and sources of income that may foreseeably be affected
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materially by the decisions they make in their position. The COI Code must reflect the
current structure of the organization and properly identify the titles of those who should
be filing Statements of Economic Interests (Form 700). The COI Code tells the
designated filers which financial interests they must disclose and helps provide
transparency in local government as required under the Political Reform Act.
State law requires that all changes be submitted to the code reviewing body, in this
case the City Council, for approval as an amendment to the COI Code.
ANALYSIS
If a position requires an employee to: manage public investments; negotiate, without
significant substantive review, with a governmental entity or private person regarding a
governmental decision; approve a rate, rule or regulation; issue, deny, suspend or
revoke a permit, license, or similar authorization or entitlement; or advise or make
recommendations to the decision maker either directly or without significant intervening
substantive review, by: (1) conducting research or making any investigation which
requires the exercise of judgment on the part of the official and the purpose of which is
to influence a governmental decision; or (2) preparing or presenting any report,
analysis, or opinion, orally, or in writing, which requires the exercise of judgment on the
part of the official and the purpose of which is to influence a governmental decision
referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A), then the
position shall be included as a designated position in the agency’s conflict of interest
code.
The Three Components of a Conflict of Interest Code
1. Incorporation Section (Terms of the Code) - This section designates where the
Form 700s are filed and retained (i.e., the agency or the FPPC). This section
also must reference Regulation 18730, which provides the rules for
disqualification procedures, reporting financial interests, and references the
current gift limit.
2. List of Designated Positions - The code must list all agency positions that
involve the making or participation in making of decisions that “may
foreseeably have a material effect on any financial interest.” This covers
agency members, officers, and employees, and it may include volunteers on a
committee if the members make or participate in making government
decisions.
3. Detailed Disclosure Categories - A disclosure category is a description of the
types of financial interests that officials in one or more job classifications must
disclose on their Form 700 filings. The categories must be tailored to the
financial interests affected and must not require public officials to disclose
private financial information that does not relate to their public employment.
The City Council last amended the Conflict of Interest Code October 5, 2020. Staff has
reviewed the positions covered by the Conflict of Interest Code with department heads
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to ensure that the appropriate positions are covered. The COI Code is amended to
reflect the following actions are taken, if needed:
1. Add new position classifications that should be incorporated into the code.
2. Delete titles of positions within departments that were subject to the code, but
upon examination of duties within the department should not be subject to the
code.
3. Delete titles of positions that have been eliminated.
4. Update the titles of positions subject to the code that have been revised.
If additional new or revised classifications, deemed likely to be subject to the Code, are
established before the next formal adoption of a revised Code, the City is required to file
a Form 804 Agency Report (sample attached) for those new/revised classifications.
Staff in those new/revised classifications will be required to complete a Form 700,
reporting the disclosure requirement reflected on the Form 804, even if the Code itself
has not been formally revised to incorporate the positions.
The following positions are no longer in the latest COI Code as they have been
eliminated:
• Assistant Finance Director
• Building Field Services Manager
• Building Plan Check Engineer
• Budget Analyst
• Development Center Manager
• Deputy Director of Community Development
• Environmental Programs Manager
• Economic Development Manager
• Facilities and Parks Development Manager
• Fire/EMS Analyst
• Historic Heritage Committee Members
• Housing and Community Development Coordinator
• Information Technology Director
• Operations Services Manager
• Planning Division Manager
• Purchasing Coordinator
• Recreation Director
• Revenue Officer
The following positions were removed in the latest COI Code upon further examination
of the duties are not subject to the code:
• Building Board of Appeals Members
• Parks and Recreation Commission Members
• Physically Challenged Board of Appeals Members
7.4
Packet Pg. 36
The following positions have been retitled in the latest COI Code (Disclosure Category
remains unchanged):
• Deputy Fire Marshal → Hazardous Materials Supervisor / Deputy Fire Marshal
• Human Resources Director → Administrative Services and HR Director/Risk
Manager
• Program Manager → Program Administrator
The following positions have been added in the latest COI Code:
• Casual Employees
• Community Coordinator
• Emergency Services Coordinator
• Finance Manager
• Personnel Commission Members
• Recreation Coordinator
• Retired Annuitants
Casual employees are included in the list of designated positions and shall be
designated on a case-by-case basis, depending upon the nature of their services and
shall disclose pursuant to the broadest disclosure category in the code subject.
Personnel Commission Members are in included in the list as the commissioners
approve HR rules and policies and some salary changes of employees.
Retired annuitants are included in the list of designated employees when the City
Administrator, or his or her designee, determines that they are performing work that is
the functional equivalent of a designated position. If such a determination is made, then
disclosure shall be pursuant to the disclosure category required by this Code for the
comparable designated staff position.
The proposed new City of Gilroy COI Code is attached as Exhibit B to this report.
FISCAL IMPACT
There is no fiscal impact.
CONCLUSION
Staff recommends the Council adopt the update to the City conflict of interest code.
Attachments:
1. Draft Resolution
2. Exhibit A - 2020 Conflict of Interest Code
3. Exhibit B - 2022 Conflict of Interest Code
4. Form 804
7.4
Packet Pg. 37
RESOLUTION 2020-XX
RESOLUTION 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY IN REVIEW OF THE CITY OF GILROY
CONFLICT OF INTEREST CODE PURSUANT TO ITS
BIENNIAL REVIEW
WHEREAS, the Political Reform Act (“Act”), Government Code Section 81000 et seq.,
requires state and local agencies to adopt and promulgate conflict of interest codes, and the City
of Gilroy (“City”) is an agency subject to this statute; and
WHEREAS, the City’s Code incorporates by reference the terms of Title 2 of the
California Code of Regulations section 18730, and any amendments to it that have been duly
adopted by the Fair Political Practices Commission, and contains appendices designating
officials and employees and establishing disclosure categories, as shown below; and
WHEREAS, upon biennial review of the existing Code, it has been deemed necessary to
bring the Code up to date by adding and deleting positions, correcting position titles, and revising
disclosure categories assigned to designated positions/employees as needed; and
WHEREAS, the City Council of the City of Gilroy has reviewed the included 2020
Conflict of Interest Code pursuant to the Act as required biennially and has found the need to
amend the Code as attached in “Exhibit A”.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
does hereby amends the City of Gilroy Conflict of Interest Code and adopts the amended City of
Gilroy Conflict of Interest Code and adopts the amended City of Gilroy Conflict of Interest
Code, attached as “Exhibit B”.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 12th day of September, 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
7.4.a
Packet Pg. 38 Attachment: Draft Resolution (3895 : Conflict of Interest Code Update 2022)
2
EXHIBIT A
POSITIONS DESIGNATED BY STATUTE (87200)
POSITION
City Council Member
Planning CommissionMember
City Administrator (Manager)
City Attorney
City Treasurer
DISCLOSURE CATEGORY
1
1
1
1
1
DESIGNATED POSITIONS
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Assistant City Administrator 1
Assistant Finance Director 1
Assistant City Attorney 1
Budget Analyst 1
Building Board of Appeals Members 1
Building Field Services Manager 4
Building Official 4
Building Plan Check Engineer 4
Chief of Police 1
City Clerk 1
City Engineer/Transportation Engineer 1
Community Development Director 1
Consultants* 1
Customer Service Manager 1
Development Center Manager 1
Deputy City Clerk 2
Deputy Director of Community Development 1
Deputy Director of Public Works — Operations 1
Deputy Fire Marshal 4
Environmental Programs Manager 2
Economic Development Manager
Facilities and Parks Development Manager 4
Facilities Superintendent 3
Finance Director 1
Financial Analyst 2
Fire Division Chief 3
Fire Chief 1
Fire/EMS Analyst 3
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Fire Marshal 1
RESOLUTION 2020-59
7.4.b
Packet Pg. 39 Attachment: Exhibit A - 2020 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
3
Fleet Superintendent 3
Historic Heritage Committee Members 1
Housing and Community Development Coordinator 1
Human Resources Director 1
Information Technology Director 2
Information Technology Manager 3
Management Analyst 2
Network Administrator 3
Operations Services Manager 2
Operations Services Supervisor 3
Parks and Recreation Commission Members 1
Physically Challenged Board of Appeals Members 1
Planning Division Manager 1
Program Manager 1
Police Captain 2
Public Works Director 1
Purchasing Coordinator 2
Recreation Director 1
Recreation Manager 2
Revenue Officer 1
Senior Civil Engineer 4
Senior Management Analyst 2
Consultants shall be designated on a case -by -case basis, depending upon the nature of
their services. Consultants are included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the following
limitation: The City Administrator may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the disclosure requirements described
in this section. Such written determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Administrator's determination is a public record and shall be
retained for public inspection in the same manner and location as this conflict of interest
code. All agreements with a consultant, whether or not such consultant is required to file
a disclosure statement in accordance with this resolution, shall contain a certification by
the consultant that no conflict of interest exists in connection with the contract being
entered into between the consultant and the City.
CITY OF GILROY
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
RESOLUTION 2020-59
7.4.b
Packet Pg. 40 Attachment: Exhibit A - 2020 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
rd
CateSory 1:
All designated employees in this category shall disclose all sources of income, all
interests in real property in the City of Gilroy, all investments and all business positions
in business entities in which he or she is a director, officer, partner, trustee or employee
or holds any position of management.
Category 2:
All designated employees in this category shall disclose investments, business positions
and sources of income from business entities which provide services, supplies, materials,
machinery or equipment of the type utilized by the City of Gilroy.
Category 3:
All designated employees in this category shall disclose investments, business positions
and sources of income from business entities which provide services, supplies, materials,
machinery or equipment of the type utilized by the designated employee's department or
division.
Cate2ory 4:
All designated employees in this category shall disclose all investments, business
positions and sources of income from business entities which engage in land
development, construction or the acquisition or sale of real property, and all interests in
real property in the City of Gilroy.
RESOLUTION 2020-59
7.4.b
Packet Pg. 41 Attachment: Exhibit A - 2020 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
Adopted: _________ __, 2022
Page 1 of 5
CITY OF GILROY CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation (2 California Code of
Regulations Section 18730) that contains the terms of a standard conflict of interest code,
which can be incorporated by reference in an agency’s code. After public notice and
hearing, the standard code may be amended by the Fair Political Practices Commission
to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California
Code of Regulations Section 18730 and any amendments to it duly adopted by the F air
Political Practices Commission are hereby incorporated by reference. This regulation and
the attached Appendix [or Appendices], designating positions and establishing disclosure
categories, shall constitute the conflict of interest code of the City of Gilroy (“City”).
Individuals holding designated positions shall file their statements of economic interests
with the City, which will make the statements available for public inspection and
reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those
designated in the Political Reform Act as 87200 filers (i.e. mayors and city council
members, city managers, city attorneys, city treasurers, and members of planning
commissions), the City shall make and retain copies and forward the o riginals to the
Fair Political Practices Commission. All other statements will be retained by the City.
7.4.c
Packet Pg. 42 Attachment: Exhibit B - 2022 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
City of Gilroy Conflict of Interest Code
Adopted ____ ___, 2022
Page 2 of 5
The following designated position classifications are required to file Statements of Economic
Interests pursuant to the Political Reform Act of 1974, as amended, and are hereby included in
the City of Gilroy's Conflict of Interest Code.
POSITIONS DESIGNATED BY STATUTE GOVERNMENT CODE §87200
The following positions are NOT covered by the code because they must file under Government
Code §87200 and are listed for information purposes only.
POSITION DISCLOSURE CATEGORY
Mayor 1
City Council Member 1
Planning Commission Member 1
City Administrator (Manager) 1
City Attorney 1
City Treasurer 1
DESIGNATED POSITIONS
CITY ADMINISTRATION
POSITION DISCLOSURE CATEGORY
Assistant City Administrator 1
City Clerk 1
Deputy City Clerk 2
Emergency Services Coordinator 4
Management Analyst 2
Program Administrator 1
Senior Management Analyst 2
CITY ATTORNEY
POSITION DISCLOSURE CATEGORY
Assistant City Attorney 1
COMMUNITY DEVELOPMENT
POSITION DISCLOSURE CATEGORY
Community Development Director 1
Building Official 4
Customer Service Manager 1
Hazardous Material Supervisor/Deputy
Fire Marshal 4
Management Analyst 2
FINANCE
POSITION DISCLOSURE CATEGORY
Finance Director 1
Finance Manager 1
Financial Analyst 1
Management Analyst 2
7.4.c
Packet Pg. 43 Attachment: Exhibit B - 2022 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
City of Gilroy Conflict of Interest Code
Adopted ____ ___, 2022
Page 3 of 5
FIRE
POSITION DISCLOSURE CATEGORY
Fire Chief 1
Fire Division Chief 3
Management Analyst 2
POLICE
POSITION DISCLOSURE CATEGORY
Chief of Police 1
Management Analyst 2
Police Captain 2
PUBLIC WORKS
POSITION DISCLOSURE CATEGORY
Public Works Director 1
Deputy Director of Public Works –
Operations 1
City Engineer/Transportation Engineer 1
Environmental Programs Manager 2
Management Analyst 2
Operations Services Supervisor 3
Senior Civil Engineer 4
Senior Management Analyst 2
ADMINISTRATIVE SERVICES
POSITION DISCLOSURE CATEGORY
Administrative Services and Human
Resources Director / Risk Manager 1
Facilities Superintendent 3
Fleet Superintendent 3
Information Technology Manager 3
Management Analyst 2
Network Administrator 3
RECREATION
POSITION DISCLOSURE CATEGORY
Recreation Manager 2
Community Coordinator 3
Recreation Coordinator 3
Management Analyst 2
BOARDS, COMMISSIONS, AND COMMITTEES
POSITION DISCLOSURE CATEGORY
Personnel Commission Member 1
7.4.c
Packet Pg. 44 Attachment: Exhibit B - 2022 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
City of Gilroy Conflict of Interest Code
Adopted ____ ___, 2022
Page 4 of 5
OTHERS
POSITION DISCLOSURE CATEGORY
Consultants* 1
Casual Employees performing work
similar to a designated position* 1
Retired Annuitants** 1
7.4.c
Packet Pg. 45 Attachment: Exhibit B - 2022 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
City of Gilroy Conflict of Interest Code
Adopted ____ ___, 2022
Page 5 of 5
CITY OF GILROY
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Category 1:
All designated employees in this category shall disclose all sources of income, all
interests in real property in the City of Gilroy, all investments and all business positions in
business entities in which he or she is a director, officer, partner, trustee or employee or
holds any position of management.
Category 2:
All designated employees in this category shall disclose investments, business positions
and sources of income from business entities which provide services, supplies, materials,
machinery or equipment of the type utilized by the City of Gilroy.
Category 3:
All designated employees in this category shall disclose investments, business positions
and sources of income from business entities which provide services, supplies, materials,
machinery or equipment of the type utilized by the designated employee’s department or
division.
Category 4:
All designated employees in this category shall disclose all investments, business
positions and sources of income from business entities which engage in land
development, construction or the acquisition or sale of real property, and all interests in
real property in the City of Gilroy.
*Consultants and/or Casual employees are included in the list of designated positions
and shall be designated on a case -by-case basis, depending upon the nature of their
services and shall disclose pursuant to the broadest disclosure category in the code
subject to the following limitation: The City Administrator may determine in writing that a
particular consultant, although a “designated position,” is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply with the disclosure
requirements described in this section. Such written determination shall include a
description of the consultant’s duties and, based upon that description, a statement of the
extent of disclosure requirements. The City Administrator’s determination is a public
record and shall be retained for public inspection in the same manner and location as this
conflict of interest code. All agreements with a consultant, whether or not such consultant
is required to file a disclosure statement in accordance with this resolution, shall contain
a certification by the consultant that no conflict of interest exists in connection with the
contract being entered into between the consultant and the City.
**Retired annuitants may be included in the list of designated employees when the City
Administrator, or his or her designee, determines that they are performing work that is the
functional equivalent of a designated position. If such a determination is made, then
disclosure shall be pursuant to the disclosure category required by this Code for the
comparable designated staff position.
7.4.c
Packet Pg. 46 Attachment: Exhibit B - 2022 Conflict of Interest Code (3895 : Conflict of Interest Code Update 2022)
California
FormNew Positions
Agency Report of:
1.Agency Name
Agency Contact
Email
(Also include, Division, Department, or Region (if applicable))
New Position Information2.
I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s) set forth above, is
in accordance with its provisions.
Comment: (Use this space or an attachment for any additional information.)
FPPC Form 804 (2/16)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
804
Phone Number
Signature Name (month, day, year)Title
A Public Document
Verification3.
(month, day, year)
Date of Original Filing:
Amendment
Assuming/Start Date
(Optional)
Position Title/Classification
and Job Summary Assigned Category OR Disclosure Requirement
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /
m / d / yr
/
Start /m / d / yr/
Start /m / d / yr/
7.4.d
Packet Pg. 47 Attachment: Form 804 (3895 : Conflict of Interest Code Update 2022)
State and local government agencies may use this form
to identify new positions that will make or participate in
making governmental decisions on behalf of the agency.
An individual in a newly created position must file a
Statement of Economic Interests (Form 700) within 30
days of assuming office.
This form identifies the Statement of Economic Interests,
Form 700, disclosure requirements for individuals serving
in new positions. This form is for the agency’s internal
use and should be maintained by the agency in the same
manner as the agency’s conflict of interest code. For more
information, refer to the FPPC website www.fppc.ca.gov
and Regulations 18700.3 and 18734.
Disclosure Requirements
y Disclosure requirements should conform to the range of
duties.
y Alternatively, the agency must require an individual
to file under the broadest disclosure category in the
agency’s conflict of interest code or, if the agency does
not have a conflict of interest code, full disclosure.
Full disclosure includes reporting all investments, business
positions, and interests in real property held on the date
of assuming office and income received during the 12
months immediately preceding assuming office.
When a new position is added, in addition to completing
this form, the agency should begin the process to amend
the conflict of interest code.
Examples:
An agency added a new data processing manager
position. The individual will be assigned the same
disclosure category that the agency’s other IT staff are
assigned.
An agency implemented a new licensing program and a
new manager position was added. Because this was a
new program, the agency provided a written description
of the individual’s disclosure requirements which included
sources subject to the licensing procedures.
An agency reorganized and changed the duties of several
positions listed in the conflict of interest code. This form is
not required as positions are not new. The agency should
begin to amend its conflict of interest code if the range of
authority and types of decisions changed.
An agency changed the titles but not the duties and
responsibilities of several positions. This form is not
required. The agency must file an amendment to update
the conflict of interest code.
Instructions
Part 1
Identify the agency, contact information, and provide the
amendment explanation in the comment section when
applicable.
Part 2
Identify the new position(s) and describe the position’s
duties. Identify the disclosure by:
−Assigning an existing category(s) in the agency’s
code, or
−Writing a disclosure requirement.
Complete if the agency knows the employment date.
Part 3
The agency’s conflict of interest code should identify the
position that is responsible for the verification.
Example
FPPC Form 804 (2/16)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
California
Form 804
A Public Document
Agency Report of:
New Positions
California
FormNew Positions
Agency Report of:
1.Agency Name
Agency Contact
Email
(Also include, Division, Department, or Region (if applicable))
New Position Information2.
I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s) set forth above, is
in accordance with its provisions.
Signature Name
Comment: (Use this space or an attachment for any additional information.)
FPPC Form 804 (9/11)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
804
Phone Number
(month, day, year)Title
A Public Document
Verification3.
(month, day, year)
Date of Original Filing:
Amendment
Assuming/Start Date
(Optional)
Position Title/Classification
and Job Summary Assigned Category OR Disclosure Requirement
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Start /m / d / yr/
Data Processing Manager
(manages IT Dept)
to regulation by the
Department.
CA Joint Powers Authority
Smith,Adam Executive Director
555-555-5555 adam.smith@cjpa.ca.gov
All investments,business
positions in business entities,
and sources
of income,including gifts,loans,
and travel payments,from
entities
that are of the type subject to
licensing by the Department or
are subject
3
(,attach a
written explanation.)
Licensing Director
(duty statement attached)
Adam Smith Executive Director 3-10-XX
3 3 xx
3 8 xx
Adam Smith
Alternately
7.4.d
Packet Pg. 48 Attachment: Form 804 (3895 : Conflict of Interest Code Update 2022)
City of Gilroy
STAFF REPORT
Agenda Item Title: 2023 City Council Meeting Schedule
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the 2023 City Council Regular Meeting Schedule.
EXECUTIVE SUMMARY
Staff has prepared the attached proposed 2023 City Council Regular Meeting Schedule
for December 2022 through December 2023 following the scheduling pattern approved
by Council in prior years. In addition, the City’s observed holidays are included for
reference. The Council Meeting schedule is included in various City publications as well
as posted on the City of Gilroy website. Therefore, advance approval is requested given
upcoming publication deadlines such as the Recreation Activity Guide.
7.5
Packet Pg. 49
Staff is requesting review and approval of the 202 3 City Council Meeting Schedule as
attached.
Attachments:
1. Proposed 2023 City Council Meeting Schedule
7.5
Packet Pg. 50
CITY OF GILROY
2023 City Council Regular Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regular
meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday
December Monday, December 19, 2022
January Monday, January 9, 2023* | Moved from January 2, 2023
Monday, January 23, 2023* | Moved from January 16, 2023
February Monday, February 6, 2023
Monday, February 27, 2023* | Moved from February 20, 2023
March Monday, March 6, 2023
Monday, March 20, 2023
April Monday, April 3, 2023
Monday, April 17, 2023
May Monday, May 1, 2023
Monday, May 15, 2023
June Monday, June 5, 2023
Monday, June 19, 2023
July Monday, July 3, 2023
August Monday, August 7, 2023
Monday, August 21, 2023
September Monday, September 11, 2023* | Moved from September 4, 2023
Monday, September 18, 2023
October Monday, October 2, 2023
Monday, October 16, 2023
November Monday, November 6, 2023
Monday, November 20, 2023
December Monday, December 4, 2023
Monday, December 18, 2023
7.5.a
Packet Pg. 51 Attachment: Proposed 2023 City Council Meeting Schedule (3893 : 2023 City Council Meeting Schedule)
CITY OF GILROY
2023 City Council Regular Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regular
meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday
= Observed Holiday
= Regular Meeting
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25
29 30 31 26 27 28 26 27 28 29 30 31
APRIL MAY JUNE
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30
JULY AUGUST SEPTEMBER
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16
16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
30 31
OCTOBER NOVEMBER DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31
7.5.a
Packet Pg. 52 Attachment: Proposed 2023 City Council Meeting Schedule (3893 : 2023 City Council Meeting Schedule)
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of an Office of Traffic Safety Selective Traffic
Enforcement Program Grant for $95,000 and Adoption of a
Resolution of the City Council of the City of Gilroy
Approving a FY23 Budget Amendment
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Police Department
Submitted By: Pedro Espinoza, Police Chief
Prepared By: Patricia Vigil, Management Analyst
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) Accept the Office of Traffic Safety Selective Traffic Enforcement Program Grant
for $95,000 and authorize the City Administrator to execute all grant agreements
and related documents.
b) Adopt a resolution of the City Council of the City of Gilroy amending the FY23
budget and appropriating proposed expenditure amendments.
7.6
Packet Pg. 53
EXECUTIVE SUMMARY
The City of Gilroy has been the recipient of Office of Traffic Safety Grant s for many
years. The Office of Traffic Safety (OTS) released a solicitation for grant applications for
the “Selective Traffic Enforcement Program” (STEP) grant in January 2022. The Gilroy
Police Department applied for and was tentatively awarded a grant for $95,000. The
objective of the grant is to reduce incidents of fatal and injury collisions involving
vehicles, bicycles, and pedestrians by use of targeted traffic enforcement operations
and enhanced traffic analytics.
BACKGROUND
The California Highway Safety Program is a partnership effort between the National
Highway Traffic Safety Administration and California. The OTS is designated by the
Governor to receive federal traffic safety funds for coordinating California’s highway
safety programs. Each year the OTS develops a Highway Safety Plan identifying the
key highway safety problems in the State and the most effective coun termeasures to
address them. The OTS then solicits proposals statewide to address the identified
problems and allocates funds to state and local government agencies to implement
traffic safety programs and grants.
ANALYSIS
In July 2022, OTS notified the Gilroy Police Department of tentative approval of our
initial grant application for $95,000.
The grant cycle is from October 1, 2022 to September 30, 2023 to expend the funds
through reimbursement process. As a condition of the award process, the governing
body of the applying jurisdiction must approve the acceptance of the award prior to final
acceptance and allocation of funds.
Police Officers will conduct 3 DUI checkpoints and 18 DUI saturation patrols provided
by grant funded overtime. Police Officers will also attempt to reduce injury and fatal
collisions by conducting 16 special traffic enforcement operations and 10 distracted
driver operations. Acceptance of the grant requires the Police Department to provide
training in DUI enforcement to Police Officers and traffic safety training to members of
the community without reimbursement. The Police Department hosts a DUI training
class taught by CHP so Gilroy Police Officers can attend without additional costs and
the Traffic Unit provides bicycle and pedestrian classes for school children during their
normal workdays.
Another requirement of the grant is that the Police Department will participate in several
national campaigns in conjunction with the OTS such as Distracted Driver Month,
Winter and Summer Anti-DUI campaigns, Pedestrian Safety Month, and Safe Routes to
Schools.
7.6
Packet Pg. 54
In order to continue traffic related enforcement operations, City Council action is
required to appropriate the grant funds into the FY23 budget.
ALTERNATIVES
Reject approval to appropriate the Office of Traffic Safety Selective Traffic Enforcement
Program Grants Funds for $95,000 into the FY23 budget. Staff does not recommend
this option as funds would not be available to support these types of programs.
FISCAL IMPACT/FUNDING SOURCE
Approval of this action would accept the grant and increase revenue and expenditure
appropriations to the Police Department’s Office of Traffic Safety Grant Fund, by
$95,000 in the FY23 budget.
PUBLIC OUTREACH
The Police Department will conduct a public engagement campaign via our digital
media platforms prior to each scheduled DUI checkpoint and participation of national
campaigns in addition to the grant required “Kickoff” press release.
Attachments:
1. Draft Resolution
7.6
Packet Pg. 55
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEAR 2022-2023 IN THE OFFICE
OF TRAFFIC SAFETY GRANTS FUND AND
APPROPRIATING PROPOSED EXPENDITURE
AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully
examined, considered, and adopted the same on June 7, 2021; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated
September 12, 2022 for the Office of Traffic Safety Grants Fund, appropriating funding received
from the Office of Traffic Safety; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Office of
Traffic Safety Grants Fund, is hereby increased by $95,000 for Fiscal Year 2022-2023.
PASSED AND ADOPTED this 12th day of September 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
7.6.a
Packet Pg. 56 Attachment: Draft Resolution (3907 : Accept Traffic Grant $95,000)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution in Opposition to the Proposed
Sargent Ranch Quarry Project in South Santa Clara County
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt a Resolution in opposition to the proposed Sargent Ranch Quarry Project in
South Santa Clara County.
EXECUTIVE SUMMARY
At the City Council meeting on August 15, 2022, the Council voted unanimously to
direct staff to prepare a formal resolution for adoption in September in opposition to the
proposed Sargent Ranch Quarry Project in South Santa Clara County. This report
presents the draft resolution for Council consideration and adoption.
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BACKGROUND
At the meeting on August 15, 2022, the City Council considered adopting a formal
position on the proposed Sargent Ranch Quarry Project in South Santa Clara County.
Council members and members of the public, including area residents and Amah
Mutsun Tribal Band representatives, cited a variety of concerns with the project,
including impacts over biological resources and habitat removal, tr ansportation impacts
with generation of additional vehicular traffic, and cultural impacts on the Amah Mutsun
Tribal Band and their most sacred landscape, the Juristac Tribal Cultural Landscape.
Due to these concerns and the proposed project’s significant and unavoidable impacts
on the environment, people, and cultural resources as described in the Draft
Environmental Impact Report, City Council voiced its opposition and voted unanimously
to direct staff to prepare a formal resolution for adoption in September in opposition to
the proposed Sargent Ranch Quarry Project.
ANALYSIS
In accordance with Council direction, staff has prepared a resolution for Council
consideration and adoption. See Attachment 1 for the resolution.
For reference, at the August 25, 2022 Santa Clara County Planning Commission
meeting to receive public comments on the Draft Environmental Impact Report, the
project applicant offered to reduce the scope of the project by supporting an alternative
that would be expected to generate less adverse environmental impacts (Alternative 3
in the Draft Environmental Impact Report). Note that at this time, the project remains as
originally proposed in the formal application.
ALTERNATIVES
Do not adopt the resolution.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact associated with the adoption of the resolution.
NEXT STEPS
Following Council adoption, staff will provide the resolution to Santa Clara County. The
resolution will be part of County officials’ deliberations on the proposed project.
Attachments:
1. Draft Resolution
7.7
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RESOLUTION 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY IN OPPOSITION TO THE PROPOSED
SARGENT RANCH QUARRY PROJECT IN SOUTH SANTA
CLARA COUNTY
WHEREAS, Sargent Ranch Partners, LLC, has applied to Santa Clara County for a
conditional use permit for a proposed sand and gravel mining operation with aggregate processing
facilities for 30 years on 403 acres of Sargent Ranch, located approximately four miles so uth of
the City of Gilroy and one mile south of the U.S. Highway 101 and Highway 25 interchange; and
WHEREAS, the Draft Environmental Impact Report for the proposed Sargent Ranch
Quarry Project found that the project would create significant and unavoidable impacts in
aesthetics; air quality; biological resources; cultural and tribal cultural resources; geology, soils,
and paleontology; and transportation; and
WHEREAS, the Draft Environmental Impact Report for the proposed Sargent Ranch
Quarry Project found that the project would create irreversible impacts during project buildout and
construction as well as during project operations; and
WHEREAS, the Amah Mutsun Tribal Band survived two centuries of violent persecution
and displacement during the Spanish, Mexican, and American periods and today are working
diligently to restore their Indigenous practices, regain stewardship of their lands and heal from
historical trauma; and
WHEREAS, Sargent Ranch is within an area known as Juristac to the Amah Mutsun
Tribal Band, and Juristac is the location of numerous historic ceremonial and sacred sites,
comprising a landscape of paramount cultural and spiritual importance to the Amah Mutsun Tribal
Band; and
WHEREAS, the Amah Mutsun Tribal Band maintains that the proposed mining pits,
overburden piles, roads, and processing facilities would irreparably harm Mutsun cultural
resources, landscape features, and the spiritual integrity of Juristac; and
WHEREAS, the Tribal Council of the Amah Mutsun Tribal Band has taken a unanimous
stand in opposition to the Sargent Ranch Quarry Project and is requesting the support of
surrounding communities in efforts to protect their sacred grounds; and
WHEREAS, the city councils of the cities of Morgan Hill, Santa Cruz, Santa Clara, and
Sunnyvale have adopted resolutions supporting the efforts of the Amah Mutsun Tribal Band to
preserve the entirety of Juristac as open space; and
WHEREAS, in November of 2021, the Santa Clara County Human Rights Commission
voted unanimously to recognize the desecration of the Amah Mutsun sacred site of Juristac as a
significant human rights issue and to recommend that Santa Clara County deny approval of permits
for the proposed mine; and
7.7.a
Packet Pg. 59 Attachment: Draft Resolution (3956 : Sargent Ranch Quarry Resolution)
Resolution No. 2022-XX
Sargent Ranch Quarry Resolution
City Council Regular Meeting | September 12, 2022
Page 2 of 2
WHEREAS, the proposed quarry could result in daily traffic of hundreds of truck trips
through U.S. Highway 101 in Gilroy, adding to traffic congestion, pavement quality/infrastructure
degradation, greenhouse gas emissions, and local air pollution; and
WHEREAS, the City of Gilroy 2040 General Plan calls for regional communication,
coordination, and cooperation regarding transportation networks and systems, including critical
transportation facilities in Gilroy such as U.S. Highway 101 (M 7).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY, AS FOLLOWS:
1. That the City Council of the City of Gilroy urges Santa Clara County to deny approval
of permits for the proposed Sargent Ranch Quarry Project.
2. Effective date. This resolution shall become effective immediately.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting
duly held on the 12th day of September 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
7.7.a
Packet Pg. 60 Attachment: Draft Resolution (3956 : Sargent Ranch Quarry Resolution)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Ceily Hepner (The City Administrator recommends
a “yes” vote under the Consent Calendar shall constitute
the denial of the claim.)
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: Bryce Atkins, Senior Management Analyst
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
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 reje ction at the
September 12, 2022 meeting:
• Claim of Ceily Hepner
7.8
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Attachments:
1. Claim of Ceily Hepner for Agenda Packet
7.8
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7.8.a
Packet Pg. 63 Attachment: Claim of Ceily Hepner for Agenda Packet (3952 : Claim of Ceily Hepner)
7.8.a
Packet Pg. 64 Attachment: Claim of Ceily Hepner for Agenda Packet (3952 : Claim of Ceily Hepner)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Expanding Restrictions on Camping on
Public Property
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst
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 consider possible expansions to the restrictions on camping on public property
and direct staff to report back on possible changes consistent with Council priorities.
POLICY DISCUSSION
Should the City of Gilroy modify its’ current ordinance for enforcement of no-camping
restrictions in the City?
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BACKGROUND
At the July 5, 2022 Regular Meeting of the Gilroy City Council, staff presented a report
to Council regarding the challenges and issues relating to the enforcement of no-
camping ordinances. In the report, the legal challenges presented by the 2019 Boise
decision was discussed, which restricted the ability of local agencies to enforce
ordinances against camping on public property.
The key issue that was presented is the court decision explaining that a municipality
cannot criminalize sitting, sleeping, or lying in public “when no sleeping place is
practically available in any shelter.” However, there was language that scaled back the
breadth, as well as other courts elaborating on the limits, such as:
Naturally, our holding does not cover individuals who do have access to
adequate temporary shelter, whether because they have the means to pay
for it or because it is realistically available to them for free, but who choose
not to use it. Nor do we suggest that a jurisdiction with insufficient shelter
can never criminalize the act of sleeping outside. Even where shelter is
unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at
particular times or in particular locations might well be constitutionally
permissible. So, too, might an ordinance barring the obstruction of public
rights of way or the erection of certain structures. Whether some other
ordinance is consistent with the Eighth Amendment will depend, as here,
on whether it punishes a person for lacking the means to live out the
"universal and unavoidable consequences of being human" in the way the
ordinance prescribes. (Id. at 1136.)
Please see the attached staff report from July 5, 2022 City Council Regular Meeting for
more information.
Current Policy
At the July 5, 2022 meeting, Council authorized the Gilroy Police Department (“GPD”) to
enforce no-camping ordinances on public property if it offers space at a homeless
shelter to individuals beforehand and ensures that the particular shelter that it is offering
to connect the individual with could accommodate their needs pursuant to The
Americans with Disabilities Act (“ADA”). Additionally, Council authorized City personnel
to clean and clear encampments in public parks and other public land in compliance
with a written protocol – GPD Police Policy 411 – that provides a number of safeguards
required by the Courts, including outreach and notice to occupants, provision of social
services, photographic documentation, safeguarding of occupants’ personal property,
and the making available of shelter space for displaced occupants.
ANALYSIS
Since that meeting, the issue of the unhoused camping in public places has only
continued, and potentially intensified. Interest has increased in the activities that other
municipalities are conducting to address camping by the unhoused. An interest has
10.1
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risen as a result of a recent ordinance adopted by the City of Los Angeles, amending
their restrictions relating to a no-camping ban surrounding daycares and parks, among
other locations. A copy of that ordinance is attached.
The Los Angeles ordinance has not gone into effect yet and won’t become effective until
September 18, 2022. It is possible that the Los Angeles ordinance may be challenged in
in a court of law, thus it may be prudent for the City to evaluate potential legal
ramifications of adopting a similar ordinance. The ordinance amended the Los Angeles’
Municipal Code (LAMC) including:
1. A change was made to their code to split out schools and day care centers from
public parks and libraries but continue similar levels of enforcement. Additionally,
schools and day care centers no longer need t o be specifically designated and
posted.
2. Changed definitions to expand personal property listed items to include sheds,
structures, mattresses, and other furniture items.
3. Amended violation distances based on proximities of storing personal property.
4. Added sections that allow for immediate impoundment and removal of personal
property, based on certain conditions and violations of certain sections of the
LAMC relating to public health
5. Expanded the ban on the erection of tents in public areas.
6. Expanded the types of unlawful conduct that is subject to LAMC Section 11 .
Gilroy could potentially enact similar provisions, however while the ordinance can be
crafted, the challenge remains in meeting the issues and requirements raised in the
Boise decision, and how much risk the City is willing to expose itself to in any ordinance.
This risk evaluation is true in all such actions, but certain sensitive topics, such as
unhoused camping, tend to carry higher risks of legal challenge.
Discussion
The City’s current no-camping ordinance only applies to public parks and recreational
vehicles. The Los Angeles ordinance, in contrast, limits camping on a variety of
categories of public property, including obstructing a street or sidewalk, under bridges,
public parks, and sidewalks near certain facilities (e.g., within 500 feet of schools and
day cares).
They made decisions based primarily on public safety (e.g., bridges, near fire hydrants,
etc.) and mainly on the perceived incompatibility of what they call “adult living” with
children’s activities. Other cities have used other priorities, e.g., one city might decide
that public parks are indeed the best place for homeless encampments, while another
city might decide that parks must be available for all to enjoy. The Los Angeles
ordinance requires that for some of the areas the Council must make specific findings
and post notices at the site. The recent change was to remove that requirement for
schools and day cares, to make the prohibition automatic.
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The Los Angeles ordinance is quite comprehensive and includes many provisions that
may or may not be necessary or desirable for Gilroy. It serves as an example for the
discussion. There are also many cities adopting various ordinances within the Bay Area,
with varying approaches. Some of these, with analysis, may be worthwhile for Council
consideration as options for the City.
The matter of consideration for Council to discuss is whether Gilroy wants to extend its
no camping ordinances to cover more than public parks, and if so, what other
categories of public property or what other areas of the City are to be included, and
what level of enforcement is desired. This is a question of setting priorities.
Under Boise it seems clear that the City can’t prohibit camping on all public property, so
if the Council wants to extend the reach of the ordinance, staff will map out the whole
city in light of the proposed restrictions to be able to show a court that there in fact are
suitable and adequate areas for public camping. This is some what like the showing that
has to be made if a city has an ordinance putting restrictions on adult bookstores (e.g.,
not with 1000 feet of schools, in residential areas, etc.). A city must demonstrate that
there are remaining suitable areas to carry out th e activity. Arguably if the City makes a
finding that there are suitable areas remaining, then the ordinance would be consistent
with the Boise case. Thus, if someone starts to camp in a prohibited spot, the City’s
Police Department can require them to move without having to find a shelter bed for
them.
ALTERNATIVES
Council may choose to direct staff to pursue a similar type of ordinance as was done in
Los Angeles. The ordinance is relatively new, and it is possible that legal challenges will
be raised against this new policy design.
Council may choose to direct staff to pursue an ordinance to change the park camping
prohibition already in effect to be enforceable as a misdemeanor, as opposed to an
administrative citation. This allows more enforcement authority for the City to use to
help prevent overnight camping in parks but does not extend beyond parks within the
parks chapter of the City Code.
FISCAL IMPACT/FUNDING SOURCE
There are no fiscal impacts from this discussion. Depending upon Council’s direction,
staff will return to Council with an agenda item to approve such action, and any fiscal
impact arising as a result will be presented at that time.
CONCLUSION
Addressing the unhoused camping in cities is an increasing issue that is difficult to
resolve. Cities are taking various actions to attempt to resolve the challenge, with mixed
results. Each option presents various risks, and the Council is asked to weigh the risks
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and benefits of any proposed change to the City’s policy(ies) relating to addre ssing
camping within the City of Gilroy.
NEXT STEPS
Based on Council’s direction, staff will bring back to Council any directed action for
Council approval. The steps beyond that will be dependent upon the specific direction
and will be presented at the subsequent staff report.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
Attachments:
1. Los Angeles Ordinance 20-1376-S1
2. LA Ordinance Changes to Code
3. July 5 2022 No Camping Ordinance Enforcement Staff Report
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ORDINANCE NO. 187586
An ordinance amending Section 41.18 of the Los Angeles Municipal Code
(LAMC) to make it unlawful for a person to sit, lie, or sleep, or to store, use, maintain, or
place personal property near schools and daycare centers, and to amend LAMC
Section 56.11 to align it with Section 41.18 and to remove references to “Bulky Items.”
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. Subsection 41.18(c)(1) of the Los Angeles Municipal Code is
amended to read as follows:
Except as limited by Subsection (d), no person shall:(c)
sit, lie, sleep, or store, use, maintain, or place personal property, in
or upon any street, sidewalk, or other public right-of-way within the distance
stated on the posted signage (up to a maximum of 500 feet) of a property
designated as a sensitive use. For a property to be designated as a “sensitive
use,” the property must be a Public Park, or Public Library, as those terms are
defined in Section 105.01 of this Code;
(1)
Sec. 2. A new Subsection (e) is added to Section 41.18 of the Los Angeles
Municipal Code to read as follows and Subsection (e) is relettered as Subsection (f):
No person shall sit, lie, sleep, or store, use, maintain, or place personal
property, in or upon any street, sidewalk, or other public property within 500 feet of a
School or Day Care Center as those terms are defined in Section 105.01 of this Code.
A violation of this subsection is governed by Section 41.18(f) of this Code.
(e)
Violations of this section involving a person who willfully resists, delays, or
obstructs a City employee from enforcing this section or who willfully refuses to comply
after being requested to do so by an authorized City employee shall be subject to the
penalties set forth in Los Angeles Municipal Code (LAMC) Section 11.00. All other
violations of this section shall be enforceable only as infractions pursuant to LAMC
11,00(m) or issuance of a citation pursuant to City’s Administrative Citation Enforcement
Program pursuant to LAMC Section 11.2.01, et seq.
(f)
Sec. 3. Subsection 2.(c) of Section 56.11 of the Los Angeles Municipal Code is
deleted in its entirety and the remaining Subsections 2.(d) through 2.(r) are renumbered
as Subsections 2.(c) through 2.(q).
Sec. 4. Subsection 2.(i) of Section 56.11 of the Los Angeles Municipal Code is
amended to read as follows:
1
10.1.a
Packet Pg. 70 Attachment: Los Angeles Ordinance 20-1376-S1 (3965 : Unhoused Continuing Discussion/Direction)
Personal Property” means any tangible property, and includes,
but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding,
sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other
furniture, appliances, and personal items such as household items, luggage,
backpacks, clothing, documents, and medication.
(i)
Sec. 5. Subsections 3.(d) and 3.(e) of Section 56.11 of the Los Angeles
Municipal Code are amended to read as follows:
No Person shall Store any Personal Property in a Public Area in
such a manner that it does not allow for passage as provided by the Americans
with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as
amended from time to time. Without prior notice, the City may move and may
immediately impound any Personal Property, whether Attended or Unattended,
Stored in a Public Area in such a manner that it does not allow for passage as
required by the ADA. Post-removal notice shall be provided as set forth in
Subsection 4.(b), below. A violation of this subsection is governed by Section
41.18(f) of this Code.
(d)
(e)No Person shall Store any Personal Property, whether Attended or
Unattended, within:
(1)10 feet of any operational or utilizable driveway or loading
dock;
(2)5 feet of any operational or utilizable building entrance or
exit; or
(3)2 feet of any fire hydrant, fire plug, or other fire department
connection.
Without prior notice, the City may move and may immediately impound
any Personal Property, whether Attended or Unattended, Stored in a Public Area
in violation of this subsection. Post-removal notice shall be provided as set forth
in Subsection 4.(b), below. A violation of this subsection is governed by Section
41.18(f) of this Code.
Sec. 6. Subsection 3.(i) of Section 56.11 of the Los Angeles Municipal Code is
amended to read as follows:
No Person shall Store any Personal Property, whether Attended or
Unattended, in such a manner that obstructs or interferes with any activity in a
Public Area for which the City has issued a permit. Without prior notice, the City
may move any Personal Property Stored in a Public Area in violation of this
subsection. With pre-removal notice as specified in Subsection 4.(a), the City
may impound any Personal Property Stored in violation of this subsection. Post-
(i)
2
10.1.a
Packet Pg. 71 Attachment: Los Angeles Ordinance 20-1376-S1 (3965 : Unhoused Continuing Discussion/Direction)
removal notice shall be provided as set forth in Subsection 4.(b), below. A
violation of this subsection is governed by Section 41.18(f) of this Code.
Sec. 7. Subsection 3.(j) of Section 56.11 of the Los Angeles Municipal Code is
renumbered as 3.(m) and new Subsections 3.(j) and 3.(k) and 3.(1) are added to read as
follows:
No Person shall Store any Personal Property, whether Attended or
Unattended, in such a manner as to obstruct any portion of a street or other
public right-of-way open to use by motor vehicles, a designated bike lane or bike
path, or other public right-of-way open exclusively to use by bicycles. Without
prior notice, the City may move and may immediately impound any Personal
Property, whether Attended or Unattended, in violation of this subsection. Post
removal notice shall be provided as set forth in Subsection 4.(b), below. A
violation of this subsection is governed by Section 41.18(f) of this Code.
(j)
No Person shall Store any Personal Property, whether Attended or
Unattended, in violation of Section 41.18(c) of this Code. The City may move
and may immediately impound any Personal Property, whether Attended or
Unattended, in violation of this subsection. Pre-removal notice and post-removal
notice will be provided by erecting signage providing notice that Storage of
Personal Property is a violation of Section 41.18, which may result in the removal
or impoundment of the Personal Property. The signage also must provide
information on retrieval of the Personal Property and provide notice that the
Personal Property may be discarded if not claimed within 90 days. A violation of
this subsection is governed by Section 41.18(f) of this Code.
(k)
No Person shall Store any Personal Property, whether Attended or
Unattended, in violation of Section 41.18(e) of this Code. With pre-removal
notice as specified in Subsection 4.(a) or posted signage, the City may impound
any Personal Property, whether Attended or Unattended, in violation of this
subsection. If the City has not posed signage, a post-removal notice shall be
provided as set forth in Subsection 4.(b), below. A violation of this subsection is
governed by Section 41.18(f) of this Code.
(I)
Sec. 8. Subsection 7 of Section 56.11 of the Los Angeles Municipal Code is
amended to read as follows:
Ban on Erection of Tents in Certain Public Areas and Regulation of
Hours in other Public Areas.
7.
No Person shall erect, configure, construct, maintain, use, occupy,
or allow to remain erected any Tent in any Public Area in violation of Section
41.18 of this Code. Without prior notice, the City may deconstruct any Tent,
whether Attended or Unattended, in violation of this subsection. With pre
removal notice as specified in Subsection 4.(a) or posted signage, the City may
(a)
3
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impound any Tent in violation of this subsection. If the City has not posted
signage, the City shall provide post-removal notice of any impounded Tent, as
set forth in Subsection 4.(b), herein. A violation of this subsection is governed by
Section 41.18(f) of this Code.
In any Public Area not covered under Subsection 7.(a), above, no
Person shall erect, configure, construct, maintain, use, occupy, or allow to remain
erected any Tent in any Public Area from 6:00 a.m. to 9:00 p.m. (except during
rainfall or when the temperature is below 50 degrees Fahrenheit). Without prior
notice, the City may deconstruct any Tent, whether Attended or Unattended,
located in any Public Area in violation of this subsection or in violation of
Subsections 3.(c)-(h), hereof. With pre-removal notice as specified in Subsection
4.(a), the City may impound any Tent in violation of this subsection or
Subsections 3.(c)-(h), hereof. The City shall provide post-removal notice for any
impounded Tent, as set forth in Subsection 4.(b), herein.
(b)
Sec. 9. Subsection 8.(d) is added to Section 56.11 of the Los Angeles Municipal
Code to read as follows:
Enforcement. The enforcement of a violation of this subsection in
any Public Area subject to Section 41.18 of the Code is governed by Section
41.18(f) of this Code.
(d)
Sec. 10. Subsection 10 of Section 56.11 of the Los Angeles Municipal Code is
amended to read as follows:
Unlawful Conduct. Los Angeles Municipal Code Section 11.00 shall not
apply to violations of this section except as follows:
10.
No Person shall willfully resist, delay, or obstruct a City employee
from moving, removing, impounding, or discarding Personal Property Stored in a
Public Area in violation of Subsections 3.(a)-(c) or (f)-(h). A violation of
Subsections 3.(d)-(e), (i)-(l), 7.(a) or 8 (in any Public Area subject to Section
41.18 of this Code) is governed by Section 41.18(f) of this Code.
(a)
No Person shall refuse to take down, fold, deconstruct, or put away
any Tent erected or configured at any time in violation of Subsection 7.(a) or
willfully resist, delay, or obstruct a City employee from taking down, folding,
deconstructing, putting away, moving, removing, impounding, or discarding a
Tent, including by refusing to vacate the Tent. A violation of Subsection 7.(a) in
any Public Area subject to Section 41.18 of this Code is governed by Section
41.18(f) of this Code.
(b)
No Person shall refuse to take down, fold, deconstruct, or put away
any Tent erected or configured between the hours of 6:00 a.m. and 9:00 p.m., in
violation of Subsection 7.(b), or willfully resist, delay or obstruct a City employee
(c)
4
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Packet Pg. 73 Attachment: Los Angeles Ordinance 20-1376-S1 (3965 : Unhoused Continuing Discussion/Direction)
from taking down, folding, deconstructing, putting away, moving, removing,
impounding, or discarding the Tent, including by refusing to vacate the Tent.
A violation of Subsection 9 prohibiting illegal dumping.(d)
If Subsection 3.(m) becomes operative by resolution in any area of
the City subject to Section 41.18 of this Code, a violation of Subsection 3.(m) will
be subject to Section 41.18(f) of this Code. If Subsection 3.(m) becomes
operative by resolution in any Public Area of the City not subject to Section
41.18(f) of the Code, no Person shall willfully resist, delay or obstruct a City
employee from removing or impounding any Personal Property that exceeds the
limit on Essential Personal Property.
(e)
5
10.1.a
Packet Pg. 74 Attachment: Los Angeles Ordinance 20-1376-S1 (3965 : Unhoused Continuing Discussion/Direction)
Sec. 11. The City Clerk shall certify to the passage of this ordinance and have it
published in accordance with Council policy, either in a daily newspaper circulated in
the City of Los Angeles or by posting for ten days in three public places in the City of
Los Angeles: one copy on the bulletin board located at the Main Street entrance to the
Los Angeles City Hall; one copy on the bulletin board located at the Main Street
entrance to the Los Angeles City Hall East; and one copy on the bulletin board located
at the Temple Street entrance to the Los Angeles County Hall of Records.
Approved as to Form and Legality
MICHAEL N. FEUER, City Attorney
)
VALERIE L. FLORES
Senior Assistant City Attorney
By -g- <
37
/
Date
0
20-1376-S1File No.
M:\GENERAL COUNSEL DIVISION\ORDINANCES AND REPQRTS\ORDINANCES - FINAL\Ordinance LAMC 41.18 and 56.11 -
A.docx
The Clerk of the City of Los Angeles
hereby certifies that the foregoing
ordinance was passed by the Council
of the City of Los Angeles.
MAYORCITY CLERK
<£LCi~+f-
August 9, 2022
Approved 08/11/2022Ordinance Passed
Ordinance Published Date: 8/18/2022
Ordinance Effective Date: 9/18/2022
10.1.a
Packet Pg. 75 Attachment: Los Angeles Ordinance 20-1376-S1 (3965 : Unhoused Continuing Discussion/Direction)
SEC. 41.18. SITTING, LYING, OR SLEEPING OR STORING, USING, MAINTAINING,
OR PLACING PERSONAL PROPERTY IN THE PUBLIC RIGHT-OF-WAY.
(Title and Section amended by Ord. No. 187,127, Eff. 9/3/21.)
(a) No person shall obstruct a street, sidewalk, or other public right-of-way:
(1) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property,
in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990,
Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;
(2) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property,
within ten feet of any operational or utilizable driveway or loading dock;
(3) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property,
within five feet of any operational or utilizable building entrance or exit;
(4) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property,
within two feet of any fire hydrant, fire plug, or other fire department connection;
(5) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property,
within the public right-of-way in a manner that obstructs or unreasonably interferes with the use
of the right-of-way for any activity for which the City has issued a permit.
(b) No person shall obstruct any portion of any street or other public right-of-way open to use
by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to
use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal
property, anywhere within the street, bike lane, bike path, or other public right-of-way, as
specified.
(c) Except as limited by Subsection (d), no person shall:
(1) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street,
sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a
maximum of 500 feet) of a property designated as a sensitive use. For a property to be designated
as a "sensitive use", the property must be a School, Day Care Center, Public Park, or Public
Library, as those terms are defined in Section 105.01 of this Code;
(2) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street,
sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a
maximum of 500 feet) of a designated overpass, underpass, freeway ramp, tunnel, bridge,
pedestrian bridge, subway, wash, spreading ground, or active railway, where the City Council
determines, in the designating resolution, that the public health, safety, or welfare is served by the
prohibition, including, without limitation, by finding that sleeping or lodging within the stated
proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;
10.1.b
Packet Pg. 76 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
(3) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street,
sidewalk, or other public right-of-way, within the distance stated on the posted signage (up to a
maximum of 1,000 feet) of a designated facility, opened after January 1, 2018, that provides
shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services
navigation center;
(4) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street,
sidewalk, or other public right-of-way that has been posted with signage prohibiting sitting, lying,
sleeping, or storing, using, maintaining, or placing personal property. In order to designate a
section of street, sidewalk, or other public right-of-way as prohibited under this subdivision, the
City Council shall determine, in a designating resolution and based on specific documentation,
that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise
obstructing the public right-of-way at that location poses a particular and ongoing threat to public
health or safety. Such circumstances may include, but are not limited to: (i) the death or serious
bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or
violent crimes, including human trafficking, at the location; or (iii) the occurrence of fires that
resulted in a fire department response to the location. For each such location, a prohibition pursuant
to this subdivision shall be effective for a period of time specified in the resolution, but not to
exceed one year.
(d) No person shall be found to be in violation of any prohibition set forth in Subsection (c),
unless and until: (i) the City Council has taken action, by resolution, to designate a specified area
or areas for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing
personal property, or otherwise obstructing the public right-of-way; (ii) the City has posted signage
at the designated area or areas set forth in the resolution, with such signage including reference to
any required findings adopted in the resolution, and giving notice of the date after which no sitting,
lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise
obstructing the public right-of-way will be allowed; and (iii) at least 14 calendar days have passed
from the date on which the signage is posted at the designated area or areas.
(e) No person shall sit, lie, sleep, or store, use, maintain, or place personal property, in or upon
any street, sidewalk, or other public property within 500 feet of a School or Day Care Center as
those terms are defined in Section 105.01 of this Code. A violation of this subsection is governed
by Section 41.18(f) of this Code.
(f) Violations of this section involving a person who willfully resists, delays, or obstructs a City
employee from enforcing this section or who willfully refuses to comply after being requested to
do so by an authorized City employee shall be subject to the penalties set forth in Los Angeles
Municipal Code (LAMC) Section 11.00. All other violations of this section shall be enforceable
only as infractions pursuant to LAMC 11.00(m) or issuance of a citation pursuant to City's
Administrative Citation Enforcement Program pursuant to LAMC Section 11.2.01 et seq.
10.1.b
Packet Pg. 77 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
SEC. 56.11. STORAGE OF PERSONAL PROPERTY.
(Amended by Ord. No. 184,182, Eff. 4/11/16.)
1. Declaration of Legislative Intent - Purpose. The City enacts this section to balance the
needs of the residents and public at large to access clean and sanitary public areas consistent with
the intended uses for the public areas with the needs of the individuals, who have no other
alternatives for the storage of personal property, to retain access to a limited amount of personal
property in public areas. On the one hand, the unauthorized use of public areas for the storage of
unlimited amounts of personal property interferes with the rights of other members of the public
to use public areas for their intended purposes and can create a public health or safety hazard that
adversely affects those who use public areas. On the other hand, the City's large and vulnerable
homeless population needs access to a manageable amount of essential property for their personal
use and well-being. This section attempts to balance the needs of all of the City's residents.
2. Definitions. The definitions contained in this subsection shall govern the construction,
meaning and application of words and phrases used in this section.
(a) "Alley" means any Highway having a Roadway not exceeding 25 feet in width which is
primarily for access to the rear or side entrances of abutting property.
(b) "Bikeway" means all facilities that provide primarily for, and promote, bicycle travel.
(c) "Bulky Item" means any item, with the exception of a constructed Tent, operational bicycle
or operational walker, crutch or wheelchair, that is too large to fit into a 60-gallon container with
the lid closed, including, but not limited to, a shed, structure, mattress, couch, chair, other furniture
or appliance. A container with a volume of no more than 60 gallons used by an individual to hold
his or her Personal Property shall not in itself be considered a Bulky Item.
(dc) "City Employee" means any full or part-time employee of the City of Los Angeles or a
contractor retained by the City for the purpose of implementing this Section.
(ed) "Essential Personal Property" means any and all Personal Property that cumulatively is
less than two cubic feet in volume, which, by way of example, is the amount of property capable
of being carried within a backpack.
(fe) "Excess Personal Property" means any and all Personal Property that cumulatively
exceeds the amount of property that could fit in a 60-gallon container with the lid closed.
(fg) "Highway" means a way or place of whatever nature, publicly maintained and open to the
use of the public for purposes of vehicular travel.
(gh) "Parkway" means the area of the Street between the back of the curb and the Sidewalk
that typically is planted and landscaped.
(hi) "Person" means any individual.
10.1.b
Packet Pg. 78 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
(ji) "Personal Property" means any tangible property, and includes, but is not limited to,
goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds,
structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as
household items, luggage, backpacks, clothing, documents and medication.
(jk) "Public Area" or "Public Areas" means all property that is owned, managed or maintained
by the City, except property under the jurisdiction of the Department of Recreation and Parks
which is governed by Los Angeles Municipal Code Section 63.44, and shall include, but not be
limited to, any Street, medial strip, space, ground, building or structure.
(kl) "Roadway" means that portion of a Highway improved, designed or ordinarily used for
vehicular travel.
(lm) "Sidewalk" means that portion of a Highway, other than the Roadway, set apart by curbs,
barriers, markings or other delineation, for pedestrian travel.
(mn) "Storage Facility" means any facility, whether operated by a public, non-profit or private
provider, which allows and has capacity for voluntary storage, free of charge, for a homeless
person to store Personal Property up to the equivalent of the amount of property that would fit into
a single 60-gallon container with the lid closed.
(no) "Store", "Stored", "Storing" or "Storage" means to put Personal Property aside or
accumulate for use when needed, to put for safekeeping, and/or to place or leave in a Public Area.
Moving Personal Property to another location in a Public Area or returning Personal Property to
the same block on a daily or regular basis shall be considered Storing and shall not be considered
to be removing the Personal Property from a Public Area. This definition shall not include any
Personal Property that, pursuant to statute, ordinance, permit, regulation or other authorization by
the City or state, is Stored with the permission of the City or state on real property that is owned
or controlled by the City.
(op) "Street" includes every Highway, avenue, lane, Alley, court, place, square, Sidewalk,
Parkway, curbs, Bikeway or other public way in this City which has been or may hereafter be
dedicated and open to public use, or such other public property so designated in any law of this
state.
(pq) "Tent" means a collapsible shelter made of fabric such as nylon or canvas or a tarp
stretched and sustained by supports, which is not open on all sides and which hinders an
unobstructed view behind or into the area surrounded by the fabric. In order to qualify as a Tent
for purposes of this subsection, a Tent, when deconstructed, must be able to fit within a 60-gallon
container with the lid closed.
(rq) "Unattended" means no Person is present with the Personal Property who asserts or claims
ownership over the Personal Property. Conversely, property is considered "Attended" if a Person
is present with the Personal Property and the Person claims ownership over the Personal Property.
10.1.b
Packet Pg. 79 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
3. Regulation and Impoundment of Stored Personal Property; Discard of Certain Stored
Personal Property.
(a) No Person shall Store any Unattended Personal Property in a Public Area. With pre-removal
notice as specified in Subsection 4.(a), the City may impound any Unattended Personal Property
in a Public Area, regardless of volume. Post-removal notice shall be provided as set forth in
Subsection 4.(b), below.
(b) No Person shall Store any Attended Excess Personal Property in a Public Area. With pre-
removal notice as specified in Subsection 4.(a), the City may impound any Attended Excess
Personal Property Stored in a Public Area. Post-removal notice shall be provided as set forth in
Subsection 4.(b), below.
(c) No Person shall Store any Personal Property in a Public Area in such a manner as to obstruct
City operations, including a Street or Sidewalk maintenance or cleaning. Without prior notice, the
City may temporarily move Personal Property, whether Attended or Unattended, which is
obstructing City operations in a Public Area, including a Street or Sidewalk maintenance or
cleaning, during the time necessary to conduct the City operations. The City also may impound
Personal Property that is obstructing City operations in a Public Area, pursuant to Subsection 3.(a)
or 3.(b).
(d) No Person shall Store any Personal Property in a Public Area in such a manner that it does
not allow for passage as required provided by the Americans with Disabilities Act of 1990, Pub.
L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time (ADA). Without prior notice,
the City may move and may immediately impound any Personal Property, whether Attended or
Unattended, Stored in a Public Area in such a manner that it does not allow for passage as required
by the ADA. Post-removal notice shall be provided as set forth in Subsection 4.(b), below. A
violation of this subsection is governed by Section 41.18(f) of this Code.
(e) No Person shall Store any Personal Property, whether Attended or Unattended, within:
(1) 10 within ten feet of any operational and or utilizable entrance, exit, driveway or
loading dock;
(2) 5 feet of any operational or utilizable building entrance or exit; or
(3) 2 feet of any fire hydrant, fire plug, or other fire department connection.
. Without prior notice, the City may move and may immediately impound any Personal
Property, whether Attended or Unattended, Stored in a Public Area within ten feet of any
operational and utilizable entrance, exit, driveway or loading dockin violation of this
subsection. Post-removal notice shall be provided as set forth in Subsection 4.(b), below.
A violation of this subsection is governed by Section 41.18(f) of this Code.
(f) No Person shall Store in a Public Area that has a clearly posted closure time any Personal
Property after the posted closure time. Without prior notice, the City may remove and impound
Personal Property, whether Attended or Unattended, Stored in a Public Area that has a clearly
posted closure time, provided the Personal Property is removed and impounded after the posted
closure time. Post-removal notice shall be provided as set forth in Subsection 4.(b), below.
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10.1.b
Packet Pg. 80 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
(g) No Person shall Store any Personal Property in a Public Area if the Personal Property,
whether Attended or Unattended, constitutes an immediate threat to the health or safety of the
public. Without prior notice, the City may remove and may discard any Personal Property Stored
in a Public Area if the Personal Property poses an immediate threat to the health or safety of the
public.
(h) No Person shall Store any Personal Property in a Public Area if the Personal Property,
whether Attended or Unattended, constitutes an evidence of a crime or contraband. Without prior
notice, the City may remove and may discard any Personal Property that constitutes evidence of a
crime or contraband, as permissible by law.
(i) No Person shall Store any Bulky Item in a Public Area. Without prior notice, the City may
remove and may discard any Bulky Item, whether Attended or Unattended, Stored in a Public Area
unless the Bulky Item is designed to be used as a shelter. For any Bulky Item that is designed to
be used as a shelter but does not constitute a Tent as defined in Subsection 2.(q), with pre-removal
notice as specified in Subsection 4.(a), the City may remove and discard the Bulky Item, whether
Attended or Unattended. If the Bulky Item violates Subsection 3.(d)-(h) herein, even if it is
designed to be used as a shelter, without prior notice, the City may remove and discard the Bulky
Item, whether Attended or Unattended.
(j) No Person shall Store any Personal Property, whether Attended or Unattended, in such a
manner as to obstruct any portion of a street or other public right-of-way open to use by motor
vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use
by bicycles. Without prior notice, the City may move and may immediately impound any Personal
Property, whether Attended or Unattended, in violation of this subsection. Post-removal notice
shall be provided as set forth in Subsection 4.(b), below. A violation of this subsection is governed
by Section 41.18(f) of this Code.
(k) No Person shall Store any Personal Property, whether Attended or Unattended, in violation
of Section 41.18(c) of this Code. The City may move and may immediately impound any Personal
Property, whether Attended or Unattended, in violation of this subsection. Pre-removal notice and
post-removal notice will be provided by erecting signage providing notice that Storage of Personal
Property is a violation of Section 41.18, which may result in the removal or impoundment of the
Personal Property. The signage also must provide information on retrieval of the Personal Property
and provide notice that the Personal Property may be discarded if not claimed within 90 days. A
violation of this subsection is governed by Section 41.18(f) of this Code.
(l) No Person shall Store any Personal Property, whether Attended or Unattended, in violation
of Section 41.18(e) of this Code. With pre-removal notice as specified in Subsection 4.(a) or posted
signage, the City may impound any Personal Property, whether Attended or Unattended, in
violation of this subsection. If the City has not posed signage, a post-removal notice shall be
provided as set forth in Subsection 4.(b), below. A violation of this subsection is governed by
Section 41.18(f) of this Code.
(mj) Upon the creation of any new Storage Facility, increased capacity at an Existing Storage
Facility or subsidized transportation assistance to a Storage Facility, the Chief Administrative
10.1.b
Packet Pg. 81 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
Officer shall report to the Council to inform the Council's consideration of whether to prohibit a
Person from Storing more than Essential Personal Property in a Public Area in a specified radius
from a Storage Facility, based upon the amount of the additional storage capacity and the
accessibility thereto. In consideration of the CAO's report, the Council may, by resolution, prohibit
a Person within a specified radius of a Storage Facility from Storing more than Essential Personal
Property in a Public Area.
4. Notice.
(a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is
provided to the Person who is Storing or claims ownership of the Personal Property, or is posted
conspicuously on or near the Personal Property and the actual removal commences no more than
72 hours after the pre-removal notice is posted. The written notice shall contain the following:
(1) A general description of the Personal Property to be removed.
(2) The location from which the Personal Property will be removed.
(3) The date and time the notice was posted.
(4) A statement that the Personal Property has been stored in violation of Section 56.11,
Subsection 3.
(5) A statement that the Personal Property may be impounded if not removed from Public Areas
within 24 hours.
(6) A statement that moving Personal Property to another location in a Public Area shall not be
considered removal of Personal Property from a Public Area.
(7) The address where the removed Public Property will be located, including a telephone
number and the internet website of the City through which a Person may receive information as to
impounded Personal Property as well as information as to voluntary storage location(s).
(8) A statement that impounded Personal Property may be discarded if not claimed within 90
days after impoundment.
(b) Post-Removal Notice. Upon removal of Stored Personal Property, written notice shall be
conspicuously posted in the area from which the Personal Property was removed. The written
notice shall contain the following:
(1) A general description of the Personal Property removed.
(2) The date and approximate time the Personal Property was removed.
(3) A statement that the Personal Property was stored in a Public Area in violation of
Section 56.11, Subsection 3.
10.1.b
Packet Pg. 82 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
(4) The address where the removed Personal Property will be located, including a telephone
number and internet website of the City through which a Person may receive information as to
impounded Personal Property.
(5) A statement that impounded Personal Property may be discarded if not claimed within 90
days after impoundment.
5. Storage and Disposal.
(a) Except as specified herein, the City shall move Personal Property to a place of storage.
(b) Except as specified herein, the City shall store impounded Personal Property for 90 days,
after which time, if not claimed, it may be discarded. The City shall not be required to undertake
any search for, or return, any impounded Personal Property stored for longer than 90 days.
(c) The City shall maintain a record of the date any impounded Personal Property was
discarded.
6. Repossession. The owner of impounded Personal Property may repossess the Personal
Property prior to its disposal upon submitting satisfactory proof of ownership. A Person may
establish satisfactory proof of ownership by, among other methods, describing the location from
and date when the Personal Property was impounded from a Public Area, and providing a
reasonably specific and detailed description of the Personal Property. Valid, government-issued
identification is not required to claim impounded Personal Property.
7. Ban on Erection of Tents in Certain Public Areas and Regulation of Hours in other
Public Areasduring Certain Daytime Hours.
(a) No Person shall erect, configure or construct, maintain, use, occupy, or allow to remain
erected any Tent in any Public Area in violation of Section 41.18 of this Code.from 6:00
a.m. to 9:00 p.m. (except during rainfall or when the temperature is below 50 degrees
Fahrenheit). A Person must take down, fold, deconstruct or put away any Tent erected,
configured or constructed in any Public Area between the hours of 6:00 a.m. and 9:00 p.m.
(except during rainfall or when the temperature is below 50 degrees Fahrenheit). Without
prior notice, the City may deconstruct and may impound any Tent, whether Attended or
Unattended, located in any Public Area in violation of this subsection. With pre-removal
notice as specified in Subsection 4.(a) or posted signage, the City may impound any tent in
violation of this subsection. If the City has not posted signage, the or in violation of
Subsections 3.(c)-(h) hereof. The City shall provide post-removal notice ofor any
impounded Tent, as set forth in Subsection 4.(b), herein. A violation of this subsection is
governed by Section 41.18(f) of this Code.
(b) In any Public Area not covered under Subsection 7.(a), above, no Person shall erect,
configure, construct, maintain, use, occupy, or allow to remain erected any Tent in any
Public Area from 6:00 a.m. to 9:00 p.m. (except during rainfall or when the temperature is
below 50 degrees Fahrenheit). Without prior notice, the City may deconstruct any Tent,
whether Attended or Unattended, located in any Public Area in violation of this subsection
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Packet Pg. 83 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
or in violation of Subsections 3.(c)-(h), hereof. With pre-removal notice as specified in
Subsection 4.(a), the City may impound any Tent in violation of this subsection or
Subsections 3.(c)-(h), hereof. The City shall provide post-removal notice for any
impounded Tent, as set forth in Subsection 4.(b), herein.
8. Ban on Attachments to Public and Private Property.
(a) Public Property. No Person shall erect any barrier against or lay string or join any wires,
ropes, chains or otherwise attach any Personal Property to any public property, including but not
limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mail box, pole,
bench, news rack, sign, tree, bush, shrub or plant, without the City's prior written consent.
(b) Private Property. No Person shall erect any barrier against or lay string or join any wires,
ropes, chains or otherwise attach any Personal Property to any private property in such a manner
as to create an obstruction on or across any Street or area where the public may travel.
(c) (c) Removal. Without prior notice, the City may remove any barrier, string, wires,
ropes, chains or other attachment of Personal Property, whether Attended or Unattended,
to any public property, or to any private property which creates an obstruction to any Street
or area where the public may travel.
(d) Enforcement. The enforcement of a violation of this subsection in any Public Area subject
to Section 41.18 of the Code is governed by Section 41.18(f) of this Code.
9. Illegal Dumping. Nothing herein precludes the enforcement of any law prohibiting illegal
dumping, including but not limited to California Penal Code Section 374.3, and Los Angeles
Municipal Code Sections 41.14, 63.44 B.13. or 190.02, or any successor statutes proscribing
Illegal dumping.
10. Unlawful Conduct. Los Angeles Municipal Code Section 11.00 shall not apply to
violations of this section except as follows:
(a) No Person shall willfully resist, delay or obstruct a City employee from moving, removing,
impounding or discarding Personal Property Stored in a Public Area in violation of Subsections
3.(d)-(e), (i)-(l), 7.(a) or 8 (in any Public Area subject to Section 41.18 of this Code) is governed
by Section 41.18(f) of this Code3.(a)-(h).
(b) No Person shall refuse to take down, fold, deconstruct or otherwise put away any Tent
erected or configured at any time in violation of between the hours of 6:00 a.m. and 9:00 p.m., in
violation of Subsection 7.(a), or willfully resist, delay or obstruct a City employee from taking
down, folding, deconstructing, putting away, moving, removing, impounding or discarding athe
Tent, including by refusing to vacate or retreat from the Tent. A violation of Subsection 7.(a) in
any Public Area subject to Section 41.18 of this Code is governed by Section 41.18(f) of this Code.
(c) No Person shall refuse to take down, fold, deconstruct, or put away any Tent erected or
configured between the hours of 6:00 a.m. and 9:00 p.m., in violation of Subsection 7.(b), or
willfully resist, delay or obstruct a City employee from taking down, folding, deconstructing,
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10.1.b
Packet Pg. 84 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
putting away, moving, removing, impounding, or discarding the Tent, including by refusing to
vacate the Tent.No Person shall refuse to remove any barrier, string, wire, rope, chain or other
attachment that violates Subsection 8., or willfully resist, delay or obstruct a City employee from
deconstructing, taking down, moving, removing, impounding or discarding the barrier, string,
wire, rope, chain or other attachment, including by refusing to vacate or retreat from an obscured
area created by the attachment.
(d) A violation of Subsection 9. prohibiting illegal dumping.No Person shall willfully resist,
delay or obstruct a City employee from removing or discarding a Bulky Item Stored in violation
of Subsection 3.(i), including by refusing to vacate or retreat from within the Bulky Item or from
an obscured area created by the Bulky Item.
(e) If Subsection 3.(m) becomes operative by resolution in any area of the City subject to
Section 41.18 of this Code, a violation of Subsection 3.(m) will be subject to Section 41.18(f) of
this Code. If Subsection 3.(mj) becomes operative by resolution in any area of the City, no Person
shall willfully resist, delay or obstruct a City employee from removing or impounding any Personal
Property that exceeds the limit on Essential Personal Property.
(f) A violation of Subsection 9. prohibiting illegal dumping.
11. Designated Administrative Agency. The City's Department of Public Works, Bureau of
Sanitation, is hereby charged with serving as the Designated Administrative Agency (DAA), for
the purposes of this ordinance. The DAA shall promulgate rules, protocols and procedures for the
implementation and enforcement of this ordinance, consistent with the provisions herein.
12. Severability. If any subsection, sentence, clause or phrase of this article is for any reason
held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have adopted this section, and each and every subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional, without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
10.1.b
Packet Pg. 85 Attachment: LA Ordinance Changes to Code (3965 : Unhoused Continuing Discussion/Direction)
City of Gilroy
STAFF REPORT
Agenda Item Title: Report on Services for Unhoused Individuals and Enforcement
of No-Camping Ordinances
Meeting Date:July 5, 2022
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Jimmy Forbis, City Administrator
Prepared By:Jimmy Forbis, City Administrator
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
Authorize the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on
public property if it offers space at a homeless shelter to individuals beforehand and
ensures that the particular shelter that it is offering to connect the individual with could
accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”).
Authorize city personnel to clean and clear encampments in public parks and other
public land in compliance with a written protocol (GPD Police Policy 411) that provides a
number of safeguards required by the Courts, including outreach and notice to
occupants, provision of social services, photographic documentation, safeguarding of
occupants’ personal property, and the making available of shelter space for displaced
occupants.
10.1.c
Packet Pg. 86 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
DISCUSSION
Over the past several months,numerous Gilroy community members have contacted
the Gilroy Police Department (“GPD”) and the Gilroy City Council expressing concern
for their safety at public parks in Gilroy, including Christmas Hill Park and Miller Park.
Community members have asked the GPD to take Code enforcement action to remove
unhoused individuals from the public parks.
A.The Limits of the Boise Case
The Council has previously been informed of the 2019 Boise decision of the Federal
Ninth Circuit Court of Appeals (discussed more fully below),which has restricted the
ability of local agencies to enforce ordinances against camping on public property.
We have been asked to explore what appear to be the current limits of the Boise case,
and thus what the City can do regarding prohibiting camping in public parks and/or to
clear homeless encampments.
In addition to doing our own legal research, the City Attorney’s office has communicated
with a number of other cities, all of which face similar problems, though the details of the
concerns vary from city to city. We found considerable differences regarding their
approaches to what they thought was acceptable under the Boise case as well as what
kinds of actions would be most appropriate for the individual circumstances of each city.
A summary of some of the information gleaned from these calls is attached hereto as
Exhibit A.
The 2019 Ninth Circuit case Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584 held
that it is a violation of the Eighth Amendment,which prohibits cruel and unusual
punishment,to enforce ordinances that prevent individuals from “sitting,sleeping,or
lying outside on public property” when the unhoused individual has “no option of
sleeping indoors”.Several unhoused individuals filed the case against the City of Boise,
claiming that the city’s enforcement of its no-camping ordinances against them violated
the Eight Amendment.Even though the City of Boise had a “Shelter Protocol” pursuant
to which it coordinated with local shelters to let the Police Department (“PD”)know when
the shelters were full,the court still found that the City of Boise had violated the Eighth
Amendment by enforcing its no-camping ordinances, because some of the local
shelters’ policies “functionally limit[ed] access” to their facilities, due to various restrictive
policies, for example:
·One of the shelters had a wait list process that was so cumbersome that it
resulted in some individuals waiting to find out if they could stay at the shelter
only to find out at the last minute that the shelter was full and then not having
enough time to find another shelter for the night.
·One of the shelters had a policy pursuant to which it turned individuals away if
they voluntarily left the shelter before staying there for 17 days straight and then
attempted to return within 30 days.
10.1.c
Packet Pg. 87 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
The court explained that a municipality cannot criminalize sitting,sleeping,or lying in
public “when no sleeping place is practically available in any shelter.”(Id.At 618,
emphasis added.)
The language of Boise is not completely clear and it leaves an open question as to
when and how jurisdictions can enforce no-camping ordinances if there are more
unhoused individuals in the jurisdiction than available shelter beds. The decision states
at page 617 (with emphasis added):
We hold only that "so long as there is a greater number of homeless
individuals in [a jurisdiction] than the number of available beds [in
shelters]," the jurisdiction cannot prosecute homeless individuals for
"involuntarily sitting, lying, and sleeping in public." That is, as long as there
is no option of sleeping indoors, the government cannot criminalize
indigent,homeless people for sleeping outdoors, on public property, on
the false premise they had a choice in the matter.
However,the case also includes language in Footnote No.8 that scales back the
breadth of the holding and states that under some circumstances jurisdictions can
enforce no-camping ordinances even if they do not have sufficient room in shelters for
the entire unhoused population in the jurisdiction, and it states that the decision does
not cover individuals who have “access to adequate temporary shelter”.That footnote
No. 8 states (with emphasis added):
Naturally, our holding does not cover individuals who do have access to
adequate temporary shelter,whether because they have the means to pay
for it or because it is realistically available to them for free,but who choose
not to use it. Nor do we suggest that a jurisdiction with insufficient
shelter can never criminalize the act of sleeping outside. Even where
shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping
outside at particular times or in particular locations might well be
constitutionally permissible. So,too, might an ordinance barring the
obstruction of public rights of way or the erection of certain structures.
Whether some other ordinance is consistent with the Eighth Amendment
will depend, as here, on whether it punishes a person for lacking the
means to live out the "universal and unavoidable consequences of being
human" in the way the ordinance prescribes. Id. at 1136.
Although the universal initial reaction by cities to the Boise case was a cessation of
attempts to enforce their no-camping ordinances, since then a number of courts have
elaborated on the limits of the holding,as explained above in Footnote 8, and have
recognized limits to the Boise holding.
These cases include:
10.1.c
Packet Pg. 88 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
1.In Petaluma,a court dissolved an injunction that had been granted pursuant to
a temporary restraining order that had temporarily enjoined the defendant city
from “closing the encampment at issue, evicting campers therefrom, seizing
and disposing of their property, and/or arresting them for violating the anti-
camping ordinance." (Naretto v. City of Petaluma (N.D.Cal.May 16,2022,No.
21-cv-10027-EMC)2022 U.S.Dist.LEXIS 87827,at *1.)The appellate court
dissolved the injunction in part because the record suggested that the
remaining plaintiff in the action “was previously provided shelter that was
adequate under [Boise]” but was “unable to adhere to the rules required to
maintain that Shelter through no fault of the City.” (Id. at 6.)
2.In a case in the County of Kauai,Hawaii,a District Court emphasized that:
[The Boise case] did not "dictate to the City that it must provide sufficient
shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on
the streets . . . at any time and at any place."920 F.3d at 617 (citation
omitted).Rather,"an ordinance prohibiting sitting,lying,or sleeping outside
at particular times or in particular locations might well be constitutionally
permissible," as well as "an ordinance barring the obstruction of public rights
of way or the erection of certain structures." (Gomes v. Cty of Kauai D.Haw.
Nov. 24, 2020, No. 20-00189 JMS-WRP)2020 U.S.Dist.LEXIS 220037at *7-
8.)
In Gomes, the plaintiffs alleged that they had been cited multiple times for
“camping and sleeping”in a public park.The court rejected the claim,
emphasizing that the plaintiffs had not stated a claim for a violation of the
Eight Amendment because the criminal citations were for permit-related
violations for sleeping in a particular park and not for sleeping in public, and
“there is nothing in the Complaint to suggest that Plaintiffs could not sleep in
other public places within the County of Kauai.”(Id.at *7)The court reasoned
that Boise "does not limit the [c]ity's ability to evict homeless individuals from
particular public places."(Id. at *8.)
3.In an Oakland case, the District Court approved of the City’s clearing of an
encampment in a park. The court held that it would not violate the holding of
Boise for the City of Oakland to clean and clear the park (remove the
encampment)as long as it followed protocol that included proving a Notice of
Vacate at least 72 hours in advance, offering shelter beds to the encampment
residents, and providing notice and storage for any property that PD collected
during the clean and clear, and otherwise adhering to the City’s policies and
representations that it had made to the court regarding its protocol. The City’s
protocol is similar to that we are recommending for Gilroy. (Le Van Hung v.
Schaaf (N.D.Cal.Apr.23,2019,No.19-cv-01436-CRB) 2019 U.S.Dist.LEXIS
68867, at *5.)
4.In an Orange County case, a district court held that an allegation that police
10.1.c
Packet Pg. 89 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
had threatened unhoused people with arrest was not enough to hold that the
City of San Clemente had violated the Eighth Amendment. The court
explained that threats were not enough to violate Boise,because Boise
“require[s]the initiation of the criminal process to state a claim for damages
for an Eight Amendment violation.”To support its reasoning,the court cited
Footnote No. 8 in Boise. (Housing is A Human Right Orange Cty.v.Cty.of
Orange (C.D.Cal. Aug. 12, 2019, No. SA CV 19-388 PA (JDEx)) 2019
U.S.Dist.LEXIS 210837, at *26, *31.)
The interpretations of Boise in the decisions above suggest that Gilroy could take some
enforcement actions related to unlawful camping (such as clearing out encampments
with proper notice) while still mitigating risk of (successful) lawsuits challenging those
actions.
B.Application to Gilroy
The Gilroy City Code (“GCC”)includes a several sections that could be construed as
“no-camping” ordinances. Examples are GCC § 18.5 and § 15.8, which respectively
restrict camping in parks and in cars. GCC § 18.5(k) prohibits individuals from
“Claim[ing] exclusive use of, prevent the use by others of, or reserve for use any park
area without prior written permission of the director”and GCC §18.5 (m)prohibits
people in a park from “Sleep[ing]on park benches or furniture without prior written
permission of the director.” GCC § 15.8, with certain narrow exceptions, prohibits
human habitation of motor vehicles other than trailers or recreational vehicle parks as
provided in the city’s zoning ordinances.
The City has refrained from enforcing no-camping ordinances since the Boise decision,
but given the public safety issues that have arisen in relation to encampments in public
parks, we recommend that the City evaluate and consider enforcing the no-camping
ordinances in a manner that involves offering to connect unhoused individuals with
shelter.By taking a compassionate approach to enforcing Gilroy’s no-camping
ordinances, the City could offer unhoused individuals more opportunities to receive the
vital services that they need,and at the same time, Gilroy could also help to make its
public parks safer for everyone.
RISKS
If the City enforces no-camping ordinances or begins encampment clean and clears,
then it could face legal challenges to those actions.Other local cities including
Watsonville have faced lawsuits when they have attempted to abate encampments.
ALTERNATIVES
1.Do not enforce the City’s anti-camping ordinances or take any legal action
whatsoever in relation to encampments in Gilroy. This option is not
recommended because the proliferation of encampments in the City’s public
10.1.c
Packet Pg. 90 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
parks poses a public safety issue for the unhoused and other park visitors
alike.Moreover,to do nothing is to miss an opportunity to connect unhoused
individuals with vital services.
2.Clear encampments pursuant to protocol approved by the Gilroy City Council.
Only remove items and store or dispose of them in compliance with written
protocol.This approach is taken by Redwood City. Redwood City provides
seven days’ notice prior to clearing an encampment, and does not cite any
individuals at the encampment for sitting, sleeping or lying in public, but only
if they are violating the Code in some other manner (for example, possession
of illegal drugs or an illegal weapon). This approach mitigates risk in some
ways to potential legal challenges for enforcing no-camping ordinances. If
this approach were taken, GPD would not cite for violations of no-camping
ordinances, but still could cite individuals if they are violating the Gilroy City
Code or breaking the law in another manner (such as possession of an illicit
substance).
FISCAL IMPACT/FUNDING SOURCE
The citation of individuals would also result in a court process being initiated against
those individuals,which would require additional staff time from the Police Department
and the City Attorney. If individuals were cited after refusing shelter, and the case went
to court,the court would most likely divert the case,meaning that it would allow the
individual to participate in a program of Gilroy’s choosing and then to return in three
months with proof so that the court will dismiss the case.
A potential associated cost would likely be the cost of defending additional lawsuits. If
the City begins to enforce its no-camping ordinances or conduct clean and clears,it
could face lawsuits, which would require funding to defend even if the lawsuit is legally
meritless.
RELATED ISSUES
A number of unhoused individuals are living in RVs in Gilroy as transitional housing.
Some of these RVs pose a safety hazard to the inhabitants and community members,
due to sanitation issues and fire hazards.
Should the City of Gilroy seek to enforce ordinances restricting or prohibiting parking for
RVs, then the City Attorney will need to determine whether the ordinances include
appropriate time, place, and manner restrictions ensuring that the ordinance will be
equally applied whether the owner of the vehicle is unhoused or not, and will not be
applied only to those using RVs as transitional housing. Other cities nearby, including
Mountain View, have faced lawsuits relating to the breadth of their ordinances that
restrict or prohibit overnight parking.
Attachments:
10.1.c
Packet Pg. 91 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
1.Exhibit A
10.1.c
Packet Pg. 92 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
-7-
DRAFT – FOR DISCUSSION ONLY
4855-2351-7990v1
ALF\04706176
EXHIBIT A
Redwood
City
Redwood City presently does not enforce no-camping ordinances at all.
Redwood City clears encampments but does not require individuals to leave the site. The
Police Department (“PD”) posts a notice 7 days in advance before clearing an encampment.
The notice states that time and the date of the encampment clear-out. During the clearance
of the encampment, the PD only clears possessions. The PD determine what is an abandoned
item (which will be thrown away) versus a personal possession (which the City stores in a
locker for 3 months on city property with instructions posted on the outside as to what
number to call to retrieve the items).
The PD does not cite anyone during these encampment clearances for violating no-camping
ordinances. If other unlawful activity is occurring, though (possession of illegal weapons or
drugs, for example) then the PD would cite individuals for those activities.
Watsonville
At the present time, Watsonville generally does not cite encampment residents for violations
of no-camping ordinances. Attorney Anthony Prince filed 3 lawsuits against Watsonville on
behalf of the unhoused.
Healdsburg Healdsburg does not enforce no-camping ordinances.
Healdsburg has one employee whose position is dedicated to verifying whether there is room
open at shelters for unhoused individuals. The employee partners with a local agency to verify
in real time that the City has room for a particular person in a shelter and that the shelter can
accommodate the individual’s particular needs (if they have a pet, if they have medical needs,
etc.)
Mountain
View
Mountain View does not have many encampments, so this issue is not an area of focus for
Mountain View. The City does not have any strong enforcement policy related to no-camping
ordinances, if it is issuing those citations at all.
Calabasas
Calabasas generally does arrest or cite unhoused individuals in its jurisdiction. Calabasas take
a gentle approach and just offers to connect the unhoused individual with shelter and
services. Calabasas has a liaison that it sends out to speak with unhoused individuals and offer
them services. This liaison was formerly homeless. If the liaison is not available, then a deputy
sheriff will arrive and offer accommodations to the individual at a shelter. The sheriff verifies
in real time that space is available.
10.1.c
Packet Pg. 93 Attachment: July 5 2022 No Camping Ordinance Enforcement Staff Report (3965 : Unhoused Continuing Discussion/Direction)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of an Exclusive Negotiating Agreement by and
between Select Contracts and the City of Gilroy in Order to
Assess Opportunities for Development of the 536 Acres of
Hillside Property at Gilroy Gardens (Proposed to be
Renamed the Recreation Gateway Area)
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Karine Decker, Management Analyst - Economic Development
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) Approve an Exclusive Negotiating Agreement between the City of Gilroy and
Select Contracts and authorize the City Administrator to execute all related
documents; and
b) Approve the Gilroy Economic Development Partnership recommendation to
rename the "536 Project" to the "Recreation Gateway Area."
11.1
Packet Pg. 94
BACKGROUND
In November of 2018, Select Contracts completed an RFP for the development of 536
acres of City-owned property located on the hillside near Gilroy Gardens as a bike and
adventure park destination.
Select Contracts is a specialized company that designs, builds, and operates all types
of leisure and entertainment projects for its clients. The company prides itself on being a
very valuable development and operations partner, managing the entire development
from start to finish. Their turnkey approach allows for one point of contact through the
entire development or redevelopment of their project, which reduces the overall cost
and significantly improves efficiency. Their proposal is to potentially develop the
property into a mountain bike and adventure park with zip lines and other outdoor
recreation activities.
Further discussions were put on hold during COVID until August of 2021 when the City
of Gilroy sent out a Notice of Availability for Surplus Land to all required recipients. On
March 14, 2022, the Department of Housing and Community Development (HCD)
determined that the City of Gilroy had met all the requirements under the Surplus Land
Act (SLA) and could proceed with the sale of the property.
As the next step, the City of Gilroy proposes to enter into a 12-month exclusivity
agreement with Select Contracts in order to continue business discussions for the
development of the Gilroy Gardens hillside property as a recreation and tourism
destination.
Exclusivity is the condition in which each party grants the other party sole rights
regarding a particular business function or product sale and/or purchase. Put another
way, exclusivity is an arrangement between two parties wherein neither will explore
entering a similar deal with other parties for a certain period.
The exclusivity period would also allow for both the City and Select Contracts to share
information pertinent to developing a business agreement that would ultimately by
subject to the approval of the City Council.
In addition to entering into the exclusivity agreement, the City proposes re -naming this
development initiative from what was formerly called the “536 project” to the “Recreation
Gateway Area” or (RGA) This request is pursuant to a letter received by the City from
the Gilroy Economic Development Partnership (GEDP) on August 30, 2022 proposing
the name RGA and recommending its adoption as a means to better describe the
project and represent the City’s desire to expand beyond the day visitor, or pass
through location to a recreation destination for both commercial and public use.
Staff recommends approval of entering into a 12-month exclusivity agreement with
Select Contracts, and the re-naming of this development initiative to the “Recreation
Gateway Area” (RGA).
11.1
Packet Pg. 95
ALTERNATIVES
Council may:
1. Not approve the exclusivity agreement with Select Contracts. This is not
recommended because it would stop any further business discussions with
Select Contracts.
2. Not approve the development initiative name “Recreation Gateway Area” (RGA).
This is not recommended as it would deter efforts to more accurately describe
the development initiative to the public.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact to enter into the exclusivity agreement to negotiate with Select
Contracts, nor to rename the development initiative. Any recommendations for future
Council actions that necessitate expenditures will be discussed in future staff reports.
Attachments:
1. GEDP Letter of Recommendation
2. Public Comment - Sean Reedy
3. Public Comment - Bob Horne
4. Public Comment - Bruce Soto
5. Public Comment - Felipe Gutierrez
6. Public Comment - Jake Suba
7. Public Comment - Nick Lamb
8. Public Comment - Travis Taylor
9. Public Comment - Zack Fanning
10. Public Comment - Jayson Coloma
11. Public Comment - Benjamin Crosby
12. Public Comment - Ryan Latham
11.1
Packet Pg. 96
August 30, 2022
Mr. Jimmy Forbis, City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Jimmy,
The purpose of this correspondence is to recommend the selection of Select Contracts by the City of
Gilroy as the developer to enter into an Exclusive Negotiating Agreement (ENA) for the purpose of
creating a recreational and tourism destination located on 536 acres of City-owned property at the
gateway of the scenic Hecker Pass Highway. This recommendation is the outcome of discussions and
action taken by members of the Gilroy Economic Development Partnership (GEDP). The partnership
includes representatives from Visit Gilroy, Gilroy Chamber of Commerce, Gilroy Gardens, Gilroy
Downtown Business Association, Economic Development Corporation, Gilroy Garlic Festival, Gavilan
College and Gilroy City Council. GEDP members believe Select Contracts has demonstrated in their
proposal the best expression of the City’s objective to create a project that will establish Gilroy as a top-
tier family-oriented outdoor recreation destination in the San Francisco Bay Area.
Second, the GEDP recommends the initiative referenced above (known as the “536 project”) be
identified as the Recreation Gateway Area (RGA) for future discussion purposes. GEDP believes this new
identity better describes the project as described in the City issued Request for Proposals. In addition, as
established in the adopted City Resolution on September 14, 2020, RGA represents the City’s desire to
expand beyond a regional day visitor and pass-through location to a destination with geographic
features for commercial and public recreational uses. Furthermore, RGA supports the City’s view of
tourism as part of an economic vision to drive Gilroy’s post-COVID economic recovery and contribute to
the community’s fiscal and economic sustainability.
In closing, thank you for the opportunity to provide this organization’s recommendations to the Gilroy
City Council for their consideration and potential approval. GEDP looks forward to continuing our
partnership with the City of Gilroy to promote the long-term physical, environmental, and financial
health of our community.
Sincerely,
Gilroy Economic Development Partnership
11.1.a
Packet Pg. 97 Attachment: GEDP Letter of Recommendation (3901 : Select Contracts Exclusivity Agreement)
11.1.b
Packet Pg. 98 Attachment: Public Comment - Sean Reedy (3901 : Select Contracts Exclusivity Agreement)
11.1.c
Packet Pg. 99 Attachment: Public Comment - Bob Horne (3901 : Select Contracts Exclusivity Agreement)
11.1.d
Packet Pg. 100 Attachment: Public Comment - Bruce Soto (3901 : Select Contracts Exclusivity Agreement)
11.1.e
Packet Pg. 101 Attachment: Public Comment - Felipe Gutierrez (3901 : Select Contracts Exclusivity Agreement)
11.1.f
Packet Pg. 102 Attachment: Public Comment - Jake Suba (3901 : Select Contracts Exclusivity Agreement)
11.1.g
Packet Pg. 103 Attachment: Public Comment - Nick Lamb (3901 : Select Contracts Exclusivity Agreement)
11.1.h
Packet Pg. 104 Attachment: Public Comment - Travis Taylor (3901 : Select Contracts Exclusivity Agreement)
11.1.i
Packet Pg. 105 Attachment: Public Comment - Zack Fanning (3901 : Select Contracts Exclusivity Agreement)
11.1.j
Packet Pg. 106 Attachment: Public Comment - Jayson Coloma (3901 : Select Contracts Exclusivity Agreement)
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
From:Benjamin Crosby
To:City Clerk; All Council Members
Subject:EXTERNAL - Public Comment Item #11.1 Hillside Adventure Park ENA
Date:Wednesday, September 7, 2022 9:32:48 AM
City Council, Staff, and the Public,
Select Contracts proposal for an Adventure Park in Gilroy will be a positive project in the region for
people that bike, hike, and enjoy the outdoors. It will provide a benefit to our local community and
attract tourism to the city. “The inclusion of a full-scale lift accessed downhill bike park within a day-
trip of the Bay area and weekend trip distance for much of the central California coastline is totally
unique and compelling as its own offering,” said Select Contracts in their proposal. The park would
be an amazing resource for local high school mountain bike teams, mountain bike enthusiasts, new
riders, hikers, and those who enjoy emerging trends in recreation. There is not another project like
this in the region. We are actively embracing, advancing ideas, and projects that promote the
concept of free- range people in the City of Gilroy. We advocate for building and planning that
considers future generations as well as current residents who don’t own cars. Advancing mobility
options reflects what we are teaching the youth in our community through Safe Routes to School
and why we are nationally recognized as a Bicycle Friendly Community from the League of American
Bicyclists, as well as recognized by the World Health Organization as an Age-Friendly Community.
Thank you.
Ben Crosby
11.1.k
Packet Pg. 107 Attachment: Public Comment - Benjamin Crosby (3901 : Select Contracts Exclusivity Agreement)
11.1.l
Packet Pg. 108 Attachment: Public Comment - Ryan Latham (3901 : Select Contracts Exclusivity Agreement)
11.1.l
Packet Pg. 109 Attachment: Public Comment - Ryan Latham (3901 : Select Contracts Exclusivity Agreement)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award of Contract to W-Trans for Downtown Parking
Management Plan
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Gary Heap, City Engineer/Transportation Engineer
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) Adopt a resolution of the City Council of the City of Gilroy amending the budget
for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating proposed
expenditure amendments from the General Fund.
b) Award a contract to W-Trans in the amount of $273,419 with a project
contingency of $27,342 (approximately 10%) for the Downtown Parking
Management Plan, Project, No. 22-RFP-PW-477 and authorize the City
Administrator to execute the contract and associated documents.
11.2
Packet Pg. 110
BACKGROUND
Enhancement of the Downtown is a priority for the Gilroy City Council. Successful
management of parking in downtown Gilroy is critical to the success of the do wntown
area. Residents, shoppers, and employees all rely on parking in the City’s downtown
area. Currently, street side parking availability in front of businesses is scarce while
parking in some of the City’s Downtown satellite lots remain infrequently used. The new
downtown parking lot located at the northeast corner of Eigleberry and Seventh Streets
will be completed in early 2023, and a plan is needed to identify how it will be best
utilized. Management of our downtown parking requires the development o f a
Downtown Parking Management Plan.
ANALYSIS
On May 16, 2022, staff issued a Request for Proposals (RFP) for development of a
Downtown Parking Management Plan. On June 24, 2022, the City received five
proposals for development of the plan. The firms t hat submitted proposals included:
• CHS
• Dixon
• Hexagon
• SP+
• Walker Consultants
• W-Trans
Staff scored each of the submittals based on criteria that were identified in the request
for proposal. These criteria included:
• Firm experience and examples
• Project approach and scope of work
• Key project staff
• Project Cost
• Completeness, accuracy, and quality of the proposal
From this scoring, three firms were then invited to present their proposal during a City
interview. These firms were:
• CHS
• Walker Consultants
• W-Trans
All three firms presented themselves well, but W -Trans ultimately was selected based
on the clarity of their presentation and their understanding of Gilroy’s specific parking
management needs. W-Trans also has extensive experience with parking projects and
a successful record of developing parking management plans. They have local
experience in developing parking plans for several Bay Area cities including Milpitas,
Mountain View and Santa Clara as well as for Morgan Hill, Salinas and Seaside.
The scope of the project will include:
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• Project Kick-off
• Existing Conditions Review
• Parking Data Collection
• Current and Future Parking Demand Analysis
• Community Engagement
• Development of Parking Management Strategies
• Parking Management Plan
• Public Meeting Attendance
Full details on each of the specific scope tasks is included in the agreement.
The final Downtown Parking Management Plan will include specific recommendations
and options, based on quantitative analysis and public input, to meet the specific
parking demands of the Downtown. It will include parking management strategies to
encourage parking utilization of all lots within the Downtown area as well as a plan that
will identify cost and funding opportunities to support sufficient parking enforcement for
the plan.
Based on staff’s review of qualifications, experiences, and cost proposal, staff
recommends that the City Council award the contract to W-Trans in the amount of
$273,419 plus $27,342 as contingency, approximately 10%, for a total amount of
$300,761.
ALTERNATIVES
City Council can reject the award of this contract with W-Trans. Staff does not
recommend this option as it would delay the development of a Downtown Parking
Management Plan.
FISCAL IMPACT/FUNDING SOURCE
The total proposal from W-Trans is $273,419. Staff recommends including $27,342 as
contingency, approximately 10%, addressing unforeseen issues that may arise during
the plan development process, for a total design allocation of $300,761. It is
recommended the funding for this project be from the General Fund in the form of a
loan against future revenue generated by downtown parking programs, to be set aside
and accounted for in a new Special Revenue – Downtown Parking Management Fund.
The repayment will be refined and recommended when the program is formally
established and will consider the annual revenues generated by the program.
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CONCLUSION
Staff recommends that City Council approve the award of a contract with W-Trans for
the development of a Downtown Parking Management Plan and authorize the City
Administrator to execute the contract and associated documents.
Attachments:
1. W-Trans_Agreement
2. Draft Resolution
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 29th day of August, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Whitlock & Weinberger Transportation, Inc. dba W-Trans, having a
principal place of business at 490 Mendocino Ave, Suite 201, Santa Rosa, CA 95401.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on September 13, 2022 and will continue in effect through
March 31, 2024 unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $300,761.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT
shall defend, through counsel approved by CITY (which approval shall not be unreasonably
withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees
against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities
and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly
or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or
CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or
death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against any
and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
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set forth below. Professional Liability Insurance written on a claims made basis (including without
limitation the initial policy obtained and all subsequent policies purchased as renewals or
replacements) must show the retroactive date, and the retroactive date must be before the earlier
of the effective date of the contract or the beginning of the contract work. Claims made
Professional Liability Insurance must be maintained, and written evidence of insurance must be
provided, for at least five (5) years after the completion of the contract work. If claims made
coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a retroactive date prior to the earlier of the effective date of the contract or the beginning of the
contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage
for a minimum of five (5) years after completion of work, which must also show a retroactive date
that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall
furnish written evidence of such coverage (naming CITY, its officers and employees as additional
insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via
a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
Whitlock & Weinberger Transportation,
Inc. dba W-Trans
CITY OF GILROY
By: By:
Name: Name: Jimmy Forbis
Title: Title: City Administrator
Social Security or Taxpayer
Identification Number 77-0390893
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President/Senior Principal
Dalene J. Whitlock
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Brian Canepa, who will act in the capacity
of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Gary Heap
shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been
delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the
Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Gary Heap, City Engineer/Transportation Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: W-Trans
490 Mendocino Avenue, Suite 201
Santa Rosa, CA 95401
Attn: Brian Canepa
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
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Scope of Services
Task 1 – Project Kick-Off
W-Trans will convene a meeting with City staff to commence the project. The primary agenda items
for the meeting will include a confirmation of the scope of work, schedule, and team member
responsibilities; confirmation of data collection dates and methods; discussion of key stakeholders and
the public engagement process; and potential approaches to setting phased recommendations. It is
assumed in this task and all subsequent ones that W-Trans will be responsible for preparing meeting
materials and leading presentations as necessary.
Immediately following the kick-off meeting, W-Trans proposes a tour of the downtown with City staff
and relevant stakeholders. The tour will not only give W-Trans and City staff a chance to better discuss
potential project opportunities and challenges but will also allow the group to observe and
photograph on- and off-street, public and private, parking conditions in various parts of the downtown.
Deliverables: Finalized Scope of Work and schedule; confirmed data collection dates and methods; city tour; meeting materials
Task 2 – Existing Conditions Review
W-Trans will work with City staff to identify and compile all available data, reports, and studies related to parking and relevant programs in downtown Gilroy. This step will allow the team to
identify existing data and document the current policy and regulatory framework for on- and off
street parking within the study area. W-Trans will record policies, objectives, strategies, and
tactics identified in previous planning efforts that can inform the parking management study and
minimize duplicative effort. Analysis of these materials will enable the team to cost-effectively
develop an accurate and specialized data collection plan. At a minimum, the existing data
collection effort will include gathering and analyzing the following:
• 2005 Gilroy Downtown Specific Plan Parking Study
• 2006 Downtown Gilroy Strategic Plan
• 2019 Gilroy Downtown Business Association Parking Study
• Gilroy 2040 General Plan
• City Code Article 31: Off-Street Parking Requirements
• Parking management programs and existing enforcement policies
• Inventory of City-owned, public, and private parking facilities
• Inventory of downtown employers and employees
• Existing land use quantities
• Future development plans and projected land uses
As part of the existing conditions evaluation, Strategic Economics will analyze existing retail sales
performance within the Study Area to assess how businesses are currently performing given the
existing parking supply by number of spaces, location of the spaces, etc. Sales performance will be
broken out by block or subarea, and to the extent the data can be analyzed without violating
confidentiality restrictions, the analysis will also assess performance by business type. This analysis will establish a baseline against which potential parking management strategies can be tested to
determine which, if any, has the most significant positive impact on business performance.
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Task 3 – Parking Data Collection
W-Trans will conduct a field survey of the downtown to inventory the total parking supply by block face (on-street) and lot (off-street). This review will include documenting the on-street
parking supply by space type (unregulated, time limited, loading, etc.); verifying the off-street
parking inventory (public and private); marking the presence of disabled, compact, carpool spaces or other markings; and documenting posted time restrictions and limits. The downtown study area is
assumed to be from First Street on the north end to 10th Street on the south and Railroad Street
(including the City Lot on Railroad) to the east and Eigleberry Street to the west. The alley on the east
side of Railroad Street will serve as the primary boundary on the east side of Downtown, and the alley
between Eigleberry Street and Church Street as the primary boundary on the west (extending
westward to Dowdy Street in the area between Sixth Street and Seventh Street, to include the Civic
Center area).
Following the inventory, W-Trans will conduct a comprehensive survey of all accessible public and
private parking facilities within the downtown. The surveys will include parking facilities and
properties that are readily accessible and where permission has been granted to enter. Parking
occupancy surveys determine the peak demand for parking systemwide and for each facility, the
pattern of demand across the study area, and where/when there is excess parking available. The
surveys will measure parking occupancies on three (3) days, likely one (1) typical weekday, one (1) typical Saturday, and one (1) special event day for all on- and off-street public and private spaces to determine occupancy by hour of day. The utilization counts will be taken hourly from 8 a.m. to
8 p.m. to ensure peak employee and patron parking demands are assessed.
During the occupancy surveys, on-street parking duration data will be collected. This process will
involve surveyors noting at least the last four digits of each license plate to calculate how long (to
the hour) a vehicle has been parked without collecting any identifying information. Duration surveys are an important step in parking analysis as turnover data can reveal trends that indicate
the types of users frequenting spaces. For example, this data can help identify areas that
experience high-turnover shopper parking versus long-term employee parking. In addition, this
data can be useful to discover whether long-term parkers are occupying spaces in front of retail
businesses that would be better suited for customers.
Task 4 – Current & Future Parking Demand Analysis
W-Trans will analyze parking utilization and turnover rates and patterns to assess available capacity and the resulting ability for the existing supply to meet current demand. Based on these observations, a parking surplus or deficit will be calculated and will serve as a baseline to measure
future parking demand projections and the potential for growth in land uses. Peak hours of
parking demand will be mapped, detailing peak usage by lot and for each block face in the
downtown.
In addition, W-Trans will develop a comprehensive list of land use quantities within the downtown
using the most current land use data provided by the City. This data will be used to calculate
both the built ratio and the demand ratio of parking. The built ratio compares the total number
of existing parking spaces to the total existing square footage of occupied building space within
the study area. The demand ratio represents peak hour parking occupancy within the downtown.
By conducting this analysis, actual parked vehicles can be correlated to actual occupied building
area to develop ratios that can be effectively compared to Code requirements and rates published
in the Institute of Transportation Engineers’ (ITE) Parking Generation.
To estimate future parking demand in the downtown W-Trans will apply the demand ratios to the projected land use quantities gathered in Task 2. Based on available data as well as input received
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from City staff and key stakeholders, future parking demand may be calculated in phases to better schedule parking management recommendations and inform the necessary placement of needed
future parking resources.
Deliverables: Current and Future Parking Demand Technical Memorandum
Task 5 – Community Engagement
RRM will work with City staff to develop, refine, and customize an effective outreach process to build
collaborative interest in and consensus with the project given the diverse group of stakeholders that
may have conflicting needs and expectations. Meeting/event design and setup, clear and easy to
understand informational materials and distribution, and assistance in planning, staffing, and
coordinating outreach events will also be provided by RRM in coordination with W-Trans and City
staff. All interviews, events, and workshops are assumed to be in-person. The process will include the
following.
• Stakeholder Interviews – W-Trans, Strategic Economics, and RRM and will collaborate with City
staff to identify stakeholders and conduct a series of stakeholder interviews to solicit input from
individuals and interest groups. The interviews will involve a series of half-hour to one-hour confidential meetings. Stakeholders could include neighborhood representatives, business
owners, property owners, members of the Chamber of Commerce, and other interested parties. Individual interviews with each City Council member will also be included in this task. It is assumed City staff will manage meeting invitations.
• Community Outreach Media – RRM will prepare notices, flyers, and other media for outreach and meetings. The effort will include preparing material for an online project webpage (to be
hosted on the City of Gilroy’s website) and e-updates to distribute information to interested community members and residents to keep them informed regarding project status and
opportunities to participate. RRM will provide outreach materials in Spanish (if desired) and English including content for email blasts/social media posts (assumes four posts) and the development of flyers for the community workshop.
• Community Workshop – W-Trans, Strategic Economics, and RRM will organize, prepare for, and facilitate a community workshop to present the project findings and options and gain feedback
from community members. The meeting will begin with a brief presentation of the project background, community outreach to date, followed by an introduction of the project goals and findings. Following the presentation, community members will discuss the findings and options
and provide feedback on their likes, dislikes, and preferences. RRM and W-Trans staff will facilitate the discussion, and it is assumed that City staff will provide assistance including notices about the
meeting and meeting facility. RRM Design Group will also provide Spanish interpretation services, if desired.
• Pop-up events – In addition to facilitating the community workshop, two pop-up events will be held. Pop-up events provide an opportunity to present project material and inform and gain
feedback from the public where they live, work, and play. Pop-up stations will typically include a
table, E-Z Up, graphic boards, and easels displaying project materials. They can be very effective
in reaching the community members who do not attend workshops/charrettes and meetings.
Locations could include a farmers market, community events, school events, or a library.
• Online Community Questionnaire – It has become evident in recent years that there is proportionately more participation when an individual can provide input on their own time and in a location that best suits their availability and needs. This does not replace the synergy that can
come from a workshop, but it does allow for a broader audience of participants. RRM will develop
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an online questionnaire (utilizing Survey Monkey, Social Pinpoint or similar program) to gather initial public input. The Social Pinpoint survey tool is an interactive mapping tool that allows
stakeholders to pinpoint their comments, ideas, and concerns regarding the downtown. The map
will be focused on the study area, and custom icon labels will be developed to help group comments by relevant categories. While this platform’s main feature is the mapping component,
a traditional multiple-choice survey can also be incorporated if needed. Social Pinpoint is available
on desktop, mobile, and tablet devices. RRM will ensure the platform is public focused with no
technical jargon and easy for the public to use in both English and Spanish.
• Key City Group Meetings – W-Trans, Strategic Economics, and RRM will prepare for and meet
with key City groups early in the process. These groups can include Chamber of Commerce, Gilroy
Downtown Business Association (GDBA), Economic Development Group, and Visit Gilroy as
directed by the City. These early meetings will allow our team to give an overview of the Parking
Management Plan scope and goals, and to garner feedback on parking issues and ideas at the
beginning of the process. These meetings can be in person or virtually per City and committee
preference. This scope includes up to four initial in-person meetings over no more than three days.
After the draft Parking Management Plan is complete, W-Trans and RRM will circle back to these City groups to present the plan and garner feedback. This scope includes up to four follow-up in-
person meetings over no more than three days.
Deliverables:
• Attend and assist in capturing input for up to twelve (12) hours of half-hour to one-hour stakeholder meetings
• Provide summary memorandum of stakeholder input
• Prepare one (1) e-blast/social media post and website update for engagement events
(a total of four [4] posts and website updates)
• Prepare for, organize, and facilitate one (1) community workshop
• Prepare workshop materials, including PowerPoint presentation and graphic materials
• Provide one (1) summary memorandum of workshop feedback (to be combined with the online
questionnaire summary memorandum)
• Provide one (1) online questionnaire and/or Social Pinpoint survey, including one (1) round of edits
if necessary, before release to the public
• Provide one (1) summary memo of online survey results
• Attend two (2) pop-up events
• Prepare for and attend up to eight (8) Key City Group meetings over no more than six (6) days
• Summary of each Key City Group meeting
Task 6 – Parking Management Strategies
Based on the analysis in Task 4 and the community input received in Task 5, W-Trans will develop
a phased set of parking management strategies (short-term and long-term). Proposed strategies
will address managing both the demand and supply of public and private parking. Potential
strategies may include the following.
• Evaluation of opportunity sites to determine the development of future parking facilities
and/or the restriping or reconfiguration of spaces to accommodate additional parking
supply.
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• Shared parking or public/private partnerships in which parking resources and funding can be shared between compatible uses, whether private or public.
• Peak period parking strategies including short-, mid-, and long-term strategies to provide parking availability during peak periods and special events, such as valet services.
• Optimization of existing spaces including enhanced wayfinding and information about
parking availability.
• Parking regulation strategies including modifying the hours of operation or time limits to
prioritize patron use of front-door parking spaces and incentivizing visitors to stay, shop, and
dine in the downtown.
• Residential and/or employee parking permit programs to alleviate employee use of prime on-street spaces and prevent spillover into residential neighborhoods.
• Updated enforcement practices to encourage compliance with parking regulations and
minimize punitive measures.
• Technology enhancements to better guide motorists to available parking resources or
enforce parking regulations.
• Electric vehicle charging stations including the placement of appropriate stations and their respective costs and funding.
• Zoning code recommendations designed to assist in the transition of businesses and their ability to contribute to the parking situation in the space-constrained downtown.
This task includes an analysis of potential boosts retail and other customer-facing businesses receive from increases in parking supply based on such factors as the space’s proximity to the business,
parking costs, parking visibility, etc. Using this data, Strategic Economics will then assign a potential
business performance increase factor for each parking strategy option under consideration for the
Study Area. This information will enable key stakeholders and community members to weigh the
potential benefits of the different parking solutions against costs and other issues under consideration.
It should be noted, however, that a direct cost/benefit analysis may not be possible and that the results
of this task may rely on both qualitative and quantitative measures.
All proposed parking demand and supply strategies and economic analyses will be summarized
in a technical memorandum that includes a user-friendly matrix which clearly describes the
proposed strategy, details its implementation timeline, highlights strengths and potential
challenges, identifies responsible parties, and estimates annual costs or funding sources.
Deliverables: Parking Management Strategies Technical Memorandum
Task 7 – Parking Management Plan
W-Trans will compile all data analysis and recommendations into a comprehensive Parking
Management Plan. The Plan will include a summary of the project goals and objectives, study
approach, and data analysis and methodology. In addition, the Plan will include the comprehensive parking inventory, a summary of key findings, specific recommendations based
on the quantitative analysis and public input, management, and implementation procedures that
will be designed to meet the specific needs of the City. The Plan will be written in a concise and
clear style that will incorporate appropriate graphics to ensure that it is a user-friendly document.
W-Trans will submit a Draft Parking Management Plan for City staff review. Based on a single set of electronic comments from the City, W-Trans will revise and submit a Final Parking
Management Plan.
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Deliverables: Draft Parking Management Plan; Final Parking Management Plan (one electronic copy and two (2) bound copies)
Task 8 – Public Meeting Attendance
W-Trans will attend and present at up to three (3) public meetings (e.g. Planning Commission, City Council).
Deliverables: Three (3) public meetings
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EXHIBIT “C”
MILESTONE SCHEDULE
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Task 09/26/2210/03/2210/10/2210/17/2210/24/2210/31/2211/07/2211/14/2211/21/2211/28/2212/05/2212/12/2212/19/2212/26/2201/02/2301/09/2301/16/2301/23/2301/30/2302/06/2302/13/2302/20/2302/27/2303/06/2303/13/231. Project Kick-Off
2. Existing Conditions Review
3. Parking Data Collection
4. Current & Future Parking Demand Analysis
5. Community Engagement ****◊
6. Parking Management Strategies
7. Parking Management Plan
8. Public Meeting Attendance
LEGEND:* = meeting ◊ = deliverable
Task 03/20/2303/27/2304/03/2304/10/2304/17/2304/24/2305/01/2305/08/2305/15/2305/22/2305/29/2306/05/2306/12/2306/19/2306/26/2307/03/2307/10/2307/17/2307/24/2307/31/2308/07/2308/14/2308/21/231. Project Kick-Off
2. Existing Conditions Review
3. Parking Data Collection
4. Current & Future Parking Demand Analysis
5. Community Engagement
6. Parking Management Strategies
7. Parking Management Plan
8. Public Meeting Attendance ***
◊
◊
Downtown Gilroy Parking Management Plan
W-Trans Schedule
◊
◊
◊◊
◊
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LEGEND:* = meeting ◊ = deliverable
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4835-2267-0361v1 LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
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Task
Dalene
Whitlock
QA/QC
Mark
Spencer PIC
Brian
Canepa PM
Engineer/Pl
anner Admin 2 Misc Strategic
Economics RRM NDS Total Hours
Project Initiation 0 0 11 0 0 $166 $2,750 $2,852 $0 11
Existing Conditions Review 0 0 9 26 0 $0 $5,500 $0 $0 35
Parking Data Collection 0 0 7 13 2 $0 $0 $0 $30,690 22
Current & Future Parking Demand Analysis 2 4 31 51 2 $0 $0 $0 $0 90
Community Engagement 0 0 128 97 0 $2,720 $13,640 $62,150 $0 225
Parking Management Strategies 2 7 35 59 2 $0 $16,500 $0 $0 105
Parking Management Plan 7 7 31 57 7 $0 $0 $0 $0 109
Public Meeting Attendance 0 0 33 13 0 $480 $0 $0 $0 46
Project Management 2 7 22 0 2 $0 $0 $0 $0 33
13 25 307 316 15 $3,366 $38,390 $65,002 $30,690 676
Task $330 $290 $260 $135 $130 Misc Strategic
Economics RRM NDS TOTAL
Project Initiation $0 $0 $2,860 $0 $0 $166 $2,750 $2,852 $0 $8,629
Existing Conditions Review $0 $0 $2,340 $3,510 $0 $0 $5,500 $0 $0 $11,350
Parking Data Collection $0 $0 $1,820 $1,755 $260 $0 $0 $0 $30,690 $34,525
Current & Future Parking Demand Analysis $660 $1,160 $8,060 $6,885 $260 $0 $0 $0 $0 $17,025
Community Engagement $0 $0 $33,280 $13,095 $0 $2,720 $13,640 $62,150 $0 $124,885
Parking Management Strategies $660 $2,030 $9,100 $7,965 $260 $0 $16,500 $0 $0 $36,515
Parking Management Plan $2,310 $2,030 $8,060 $7,695 $910 $0 $0 $0 $0 $21,005
Public Meeting Attendance $0 $0 $8,580 $1,755 $0 $480 $0 $0 $0 $10,815
Project Management $660 $2,030 $5,720 $0 $260 $0 $0 $0 $0 $8,670
$4,290 $7,250 $79,820 $42,660 $1,950 $3,366 $38,390 $65,002 $30,690 $273,419
Gilroy Downtown Parking Management Plan
W-Trans Fee Estimate
HOURS BY STAFF MEMBER
FEE AT HOURLY RATES INDICATED
These rates are valid for work performed prior to December 31, 2022. Work performed after January 1, 2023, and any subsequent year may be
billed at the revised rates established for that year. * Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.585/mile
effective January 1, 2022) plus 10 percent. Miscellaneous expenses may include mileage, hotel, meals, or other related travel costs.
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR 2022-2023 AND APPROPRIATING
PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the Gilroy Downtown has several parking management needs and it was
determined that the development of a Downtown Parking Management Plan is required to address
those needs; and
WHEREAS, Public Works issued a request for proposals for the development of such
plan, and has selected W-Trans to complete this task; and
WHEREAS, Public Works is recommending the City Council award a contract to W-Trans
to develop a Downtown Parking Management Plan; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report
dated September 12, 2022 for the Downtown Parking Management Plan Project, City Project No.
22-RFP-PW-477.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year
2022-2023 from the General Fund be provided in the amount of $300,761 to a new Special
Revenue – Downtown Parking Management Fund.
PASSED AND ADOPTED this 12th day of September, 2022 by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Memorandum of Understanding with the County of Santa
Clara to Utilize Affordable Housing Bonds (2016 Measure
A) for the Development of Affordable Housing at 8th &
Alexander
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Crystal Zamora, Program Administrator
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) Approve the Memorandum of Understanding with the County of Santa Clara to
Utilize Affordable Housing Bonds (2016 Measure A) for the Development of
Affordable Housing at 8th & Alexander.
b) Authorize the City Administrator to waive development impact fees and to
execute the Memorandum of Understanding and any related documents.
c) Authorize the City Administrator to make minor modifications to the MOU with the
legal approval of the City Attorney.
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BACKGROUND
The City has been strategizing different options to facilitate the development of rapid
rehousing/permanent supportive housing over the next several years to address the
needs of our most vulnerable residents, including unhoused individuals and families.
One approach includes combining funding sources through the County’s 2016 Measure
A Affordable Housing Bond and the City through waving impact fees.
The purpose of this MOU is to set forth the parties’ support for a potential affordable
housing development (the “Project”) owned and identified by the County, known as 8th
and Alexander in the City of Gilroy, Assessor’s Parcel Number: 841-12-016 (the
“Property”). The development will be utilizing funds from the County’s 2016 Measure A
Affordable Housing Bond (“Housing Bond”) in order to develop affordable and
supportive multifamily housing on the property.
The Project is slated for a single-site development that is anticipated to contain a
minimum of 57 units, with 100% of the units restricted to occupants earning 80% or less
of the area medium income (AMI). The County intends to restrict a minimum of 25% of
the units for households earning 30% AMI and 25% of the units for households earning
50% AMI. See Table 1 for breakdowns of percentages as well as updated AMI by
household sizes.
The County will solicit an affordable housing developer via RFP process or a pre -
approved list and would manage development requirements. In support of the pro ject,
staff is proposing to provide the Project with waved development impact fees.
Measure A Affordable Housing Bond
The Measure A Affordable Housing Bond, implemented by the Count y's Office of
Supportive Housing (OSH), was approved by voters in 2016 to generate up to $950
million for the acquisition, construction, or improvement of property to provide affordable
housing, largely for individuals at risk of becoming unhoused or who a re currently
experiencing homelessness. Since its passage, the majority of 2016 Measure A funds
have been committed, largely to new affordable housing developments throughout the
County, and OSH is currently evaluating a robust pipeline of additional proje cts
throughout the region as well.
The bond is part of ongoing efforts to:
1) Increase affordable housing opportunities for our community’s most vulnerable
and underprivileged residents
2) To prevent and reduce homelessness throughout Santa Clara County
3) Support the development of supportive, affordable and workforce housing
2016 Measure A-funded developments are typically required to meet various program
requirements, including having a certain percentage of a project’s units be permanent
supportive housing (PSH) units and/or rapid rehousing (RRH) units. As defined by the
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Measure A program, “rapid rehousing” connects families and individuals to permanent
affordable housing supported by case management, targeted supportive services, and
rental subsidies. “Permanent supportive housing” provides permanent affordable
housing (typically with deeper affordability levels than RRH) and supportive services to
individuals and families who have disabling conditions.
Affordable Housing in Santa Clara County
Most of the income-restricted rental housing in Santa Clara County is affordable for
households who make less than 80% of area median income (AMI). The term affordable
housing refers to housing that is affordable to lower and moderate -income households.
AMI is determined by the U.S Department of Housing and Urban Development (HUD)
who releases annual updates to income limits which determines eligibility for various
federal housing and community development funds. The State and County use these
numbers to determine eligibility according to household size and income.
It’s important to note that the County of Santa Clara has one of the highest median
incomes in the country, which is at $168,500 for a family of four as of 2022. This median
income is an increase of about 10% ($17,200) from the previous year.
ANALYSIS
The County’s interest in supporting this project in Gilroy has led to pursuing a
Memorandum of Understanding (MOU) with the City for this project. There are several
benefits to an MOU with the County, including the use of 2016 Measure A for a single-
site development and increasing the amount of available affordable housing .
The County proposes to use Housing Bond funds to develop a 57 unit property as part
of an ongoing effort to both increase affordable hou sing opportunities and decrease
homelessness throughout the county. Funding for this project is not limited to other
funding opportunities and programs such as No Place Like Home (State funds that are
directly allocated to the County to fund supportive hou sing).
Table 1 shows a single-site development location that will have 57 units included at the
8th and Alexander (“Property”). The available units by percentage of AMI is shown in
greater detail by Family household size and percentage of units allocated for the
Property:
• 25% of units for households earning 30% AMI-14.25 Units
• 25% of units for households earning 50% AMI- 14.25 Units
• 50% of units for households to not exceed 80% of AMI -28.5 Units
Additionally, the table shows the Area Medium Income (AMI ) for Santa Clara County, as
of May 19, 2022 by HUD. The attached MOU specifies an agreement with the County
and the City to move forward in granting the City Administrator authority to support the
development of affordable and supportive housing withing the City. This will include the
support in the form of waving development impact fees in the amount of $2-3 million
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dollars. Table 2 shows a breakdown of fee ranges by low to high density amounts. The
total amount of fees to be waived by the City as well as funding amounts by County are
contingent upon the project meeting the County’s standard terms and conditions f or
affordable housing development.
Table 1: Single-Site Development Project: Units by Percentage & AMI
# Of People
per
household
25% of units for
households earning 30%
AMI
25% of units for
households earning
50% AMI
50% of units for
households to
not exceed 80%
of AMI
1 Person $35,370 $59,000 $94,320
2 Person 40,440 67,400 107,840
3 Person 45,510 75,850 121,360
4 Person 50,550 84,250 134,800
5 Person 54,600 91,000 145,600
6 Person 58,650 97,750 156,400
7 Person 62,670 104,450 167,120
8 Person 66,720 111,200 177,920
# of Units 14 14 29
Total Units 57
*Table 2: Breakdown of Impact Fees by Low and High Density Ranges
Type of Fee Low
Density
High
Density
# of
units/acre/ff Total Range Amount
Public facilities
(per unit) $22,617 $19,028 57 units $ 1,084,596 $1,289,169
Traffic (per unit) 13,012 10,548 57 units 601,236 741,684
Storm water (per
acre) 598 940 +/-1.35 acres 810 1,270
Water (per unit) 4,556 1,843 57 units 105,051 259692
Sewage (per
unit) 13,262 7,176 57 units 409,032 755,934
Street trees (per
foot) 500ft 1000ft 3.68 ft 1,840 3,680
*Total range $ 2,202,565 $3,051,429
*Please note, Public Works impact fees average an annual increase of 3% per year,
and the amounts listed in table are as of FY 23. Fees are conceptual estimates. Actual
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numbers would be finalized in the design stage. The Fees to Build (page #2) is attached
and outlines all current fees used to calculate ranges in table. The full document is and
is available on the City’s website.
The MOU between the City and County may require some minor adjustments to the
language and thus the City Administrator is requesting authorization from the City
Council to agree to minor modifications to the MOU upon legal review and approval
form the City Attorney.
Alternative
Council may accept, reject, or request to modify the MOU.
FISCAL IMPACT/FUNDING SOURCE
The MOU between the County of Santa Clara and City of Gilroy will have fiscal impacts
for the City in terms of the fees that are intended to be waived as part of the MOU in the
estimated amount of $2,202,565-$3,051,429 for the 57 unit development.
NEXT STEPS
If approved, upon the execution of the MOU with the County and the City, the City
Administrator and or designee will implement the MOU.
PUBLIC OUTREACH
This item is on the Council’s agenda that was publicly posted. The meeting is streamed
online. The agenda and this report appear on the City’s website .
Attachments:
1. City of Gilroy Public Works Development Impact Fees FY23
2. County & Gilroy MOU
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11.3.a
Packet Pg. 145 Attachment: City of Gilroy Public Works Development Impact Fees FY23 (3960 : Approve the MOU with Santa Clara County for Affordable
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MEMORANDUM OF UNDERSTANDING
8TH & ALEXANDER IN THE CITY OF GILROY
This Memorandum of Understanding (this “MOU”) is made as of September 12, 2022, by and between
the CITY OF GILROY, a municipal corporation of the State of California (the “City”), and the
COUNTY OF SANTA CLARA, a political subdivision of the State of California (the “County”). The
City and the County are collectively referred to herein as the “Parties.”
WHEREAS, the County has identified the property known as 8th and Alexander in the City of
Gilroy, Assessor’s Parcel Number: 841-12-016 (the “Property”) for the purpose of developing
affordable and supportive multifamily housing, utilizing funds from the County’s 2016 Measure A
Affordable Housing Bond (“Housing Bond”).
WHEREAS, the Housing Bond is a $950 million affordable housing bond measure passed by
voters in Santa Clara County in 2016. The Housing Bond is part of an ongoing effort to: 1) increase
affordable housing opportunities for our community’s most vulnerable and lowest-income residents;
and, 2) to prevent and reduce homelessness throughout Santa Clara County. The Housing Bond builds
on key policy shifts and communitywide partnerships that have occurred over the last six years.
WHEREAS, the County is collaborating with cities and other public agencies to support the
development of supportive, affordable and workforce housing;
WHEREAS, the City and County desire to set forth a framework that will guide their collaborative
efforts to fund and support the development of affordable and supportive housing within the City.
WHEREAS, the purpose of this MOU is to set forth the Parties’ support for a potential
affordable housing development at Property and outline a potential land use development path.
NOW THEREFORE, the Parties hereby declare and acknowledge the following:
1. The County is considering redeveloping the Property to develop, or to ground lease to a
developer to develop, an affordable housing project (the “Project”).
2. The Project is anticipated to contain a minimum of 57 units, with 100% of the units restricted
to occupants earning 80% or less of the area median income (AMI). The County intends to
restrict a minimum of 25% of the units for households earning 30% AMI or less and 25% of
the units for households earning 50% AMI or less. The Parties acknowledge that the final
affordability restrictions will depend in part on the requirements of available funding sources,
including tax credit financing.
3. If the Project moves forward, the County would solicit an affordable housing developer, either
by issuing an RFP or selecting from a pre-approved list, and would impose development
requirements and affordable housing restrictions on the Project through a ground lease with
the developer and/or conditions set forth in Measure A loans provided to the developer.
4. The City hereby acknowledges its general support of the development of affordable housing
on the Property and of the Project as described above and will provide transparency and
flexibility, to the extent possible, in the entitlement process for the Project. The City shall be
the agency responsible for the review and approval of entitlement and permits for the Project
11.3.b
Packet Pg. 146 Attachment: County & Gilroy MOU (3960 : Approve the MOU with Santa Clara County for Affordable Housing Project)
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and shall report the units in the Project as progress toward the City’s Regional Housing Needs
Allocation (RHNA) goals in the Housing Element Annual Progress Report.
5. In furtherance of its support of the Project, the City intends to provide the Project with waved
impact fees. The total estimated cost for waved fees is in the range of $2,201,216-$3,049,579
for the 57 unit development.
6. The Parties further declare and acknowledge that the City’s and the County’s commitment to
the Project are subject to compliance with all legal requirements, including but not limited to,
(i) approval by the Board of Supervisors of the County of any loans from the County or a
ground lease to a developer, and (ii) compliance with the California Environmental Quality
Act (CEQA). Nothing in this MOU shall be construed to compel the County or City to
approve or make any particular findings with respect to any environmental documentation
that is prepared, pursuant to CEQA, for any portion of the Project. The City retains its full
discretion to refuse to approve any CEQA document prepared to analyze the environmental
impacts of the Project.
CITY OF GILROY
______________________________
Name: Jimmy Forbis
Title: City Administrator
Date: ___________________
APPROVED AS TO FORM:
__________________________________
Name: Andrew Faber
Title: City Attorney
COUNTY OF SANTA CLARA
__________________________________
MIKE WASSERMAN, President
Board of Supervisors
Date: _________________
Signed and Certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:
_______________________________________
TIFFANY LENNEAR
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
____________________________________
KAREN M. WILLIS
Deputy County Counsel
11.3.b
Packet Pg. 147 Attachment: County & Gilroy MOU (3960 : Approve the MOU with Santa Clara County for Affordable Housing Project)
City of Gilroy
STAFF REPORT
Agenda Item Title: CONFERENCE WITH LEGAL COUNSEL – PENDING
LITIGATION: Government Code Section 54956.9(d)(1) and
Gilroy City Code Section 17A.11(3)(b) Name of case: Jesse
R. Sanchez; Mirna Leonides Sanchez; and the Estate of
Jesse Sanchez, Jr. v. The City of Gilroy; County of Santa
Clara; Rebeca Armendariz; Sally Armendariz; Domingo
Armendariz Filed August 22, 2022.
Meeting Date: September 12, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
1. Receive advice from City Attorney pursuant to Gilroy City Code Section 17A.11(3) to
assert the attorney-client privilege and enter into closed session because discussion
in open session would likely and unavoidably prejudice the position of the City.
2. Receive Public Comment on Closed Session Item
3. Pursuant to Gilroy City Code Section 17A.11(3), approve motion to adjourn to
Closed Session.
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